Public Document Pack

EXECUTIVE BOARD

Meeting to be held in Civic Hall, on Tuesday, 22nd June, 2010 at 1.00 pm

MEMBERSHIP Councillors

K Wakefield (Chair) A Carter S Golton A Blackburn J Blake P Gruen R Lewis T Murray A Ogilvie L Yeadon J Dowson*

*non voting advisory member

Agenda compiled by: Ian Walton Governance Services 247 4350 Civic Hall

Produced on Recycled Paper A CONFIDENTIAL AND EXEMPT ITEMS

The reason for confidentiality or exemption is stated on the agenda and on each of the reports in terms of Access to Information Procedure Rules 9.2 or 10.4(1) to (7). The number or numbers stated in the agenda and reports correspond to the reasons for exemption / confidentiality below:

9.0 Confidential information – requirement to exclude public access 9.1 The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed. Likewise, public access to reports, background papers, and minutes will also be excluded.

9.2 Confidential information means (a) information given to the Council by a Government Department on terms which forbid its public disclosure or (b) information the disclosure of which to the public is prohibited by or under another Act or by Court Order. Generally personal information which identifies an individual, must not be disclosed under the data protection and human rights rules.

10.0 Exempt information – discretion to exclude public access 10. 1 The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed provided: (a) the meeting resolves so to exclude the public, and that resolution identifies the proceedings or part of the proceedings to which it applies, and (b) that resolution states by reference to the descriptions in Schedule 12A to the Local Government Act 1972 (paragraph 10.4 below) the description of the exempt information giving rise to the exclusion of the public. (c) that resolution states, by reference to reasons given in a relevant report or otherwise, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

10.2 In these circumstances, public access to reports, background papers and minutes will also be excluded.

10.3 Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.

10. 4 Exempt information means information falling within the following categories (subject to any condition): 1 Information relating to any individual 2 Information which is likely to reveal the identity of an individual. 3 Information relating to the financial or business affairs of any particular person (including the authority holding that information). 4 Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or officer- holders under the authority. 5 Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 6 Information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment 7 Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime

B

A G E N D A

Item Ward Item Not Page No Open No K=Key Decision

1 APPEALS AGAINST REFUSAL OF INSPECTION OF DOCUMENTS

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Chief Democratic Services Officer at least 24 hours before the meeting)

2 EXEMPT INFORMATION - POSSIBLE EXCLUSION OF THE PRESS AND PUBLIC

1 To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2 To consider whether or not to accept the officers recommendation in respect of the above information.

3 If so, to formally pass the following resolution:-

RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

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Item Ward Item Not Page No Open No K=Key Decision

3 LATE ITEMS

To identify items which have been admitted to the agenda by the Chair for consideration

(The special circumstances shall be specified in the minutes)

4 DECLARATION OF INTERESTS

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

5 MINUTES 1 - 6

To confirm as a correct record the minutes of the meeting held on 19 th May 2010.

LEISURE

6 Beeston and SOUTH LEEDS SPORTS CENTRE 7 - 10 Holbeck; To consider the report of the Director of City Development outlining proposals to extend the Council’s management of South Leeds Sports Centre for up to four months, to allow continuity of service pending a decision on community transfer.

7 Hyde Park WOODHOUSE MOOR PARK BARBECUE USE 11 - and 16 Woodhouse; To consider the report of the Director of City Development outlining the background to a related decision previously taken by Executive Board, detailing the progress made to implement such a decision, providing a summary of research of alternative support materials and the outcome of trials in consultation with community representatives and outlining proposals regarding the approach to address issues associated with future barbecue usage at Woodhouse Moor.

D

Item Ward Item Not Page No Open No K=Key Decision

ADULT HEALTH AND SOCIAL CARE

8 DEPUTATION TO COUNCIL - THE ACCESS 17 - COMMITTEE FOR LEEDS REGARDING 'ADULT 30 SOCIAL CARE: THE REAL DEAL'

To consider the report of the Director of Adult Social Services in response to the deputation to Council from the Access Committee for Leeds on 21 st April 2010.

9 LEEDS SAFEGUARDING ADULT 31 - PARTNERSHIP BOARD REPORT 2009/2010 34

To consider the report of the Director of Adult Social Services presenting for approval the third annual report and 2010/11 workplan of the Leeds Safeguarding Adults Partnership Board.

10 10.4(3) SOCIAL CARE SYSTEMS REVIEW 35 - (Appendix PROGRAMME 60 K 2 only) To consider the report of the Director of Adult Social Services outlining proposals for the implementation of a change programme, which includes the introduction of a new information management system.

Appendix 2 to this report is designated as exempt under Access to Information Procedure Rule 10.4(3).

11 Adel and 10.4(3) LEEDS HOLT PARK WELLBEING CENTRE 61 - Wharfedale; (Appendices PROJECT: SUBMISSION OF THE FINAL 84 K only) BUSINESS CASE AND EXECUTION OF THE CONTRACT FOR THE NEW HOLT PARK WELLBEING CENTRE

To consider a report seeking approval to submit the Final Business Case regarding Holt Park Wellbeing Centre to the Department of Health for approval.

Appendices to this report are designated as exempt under Access to Information Procedure Rule 10.4(3).

E

Item Ward Item Not Page No Open No K=Key Decision

RESOURCES AND CORPORATE FUNCTIONS

12 REDUCTIONS IN GRANTS TO LOCAL 85 - AUTHORITIES 2010/2011 92

To consider the report of the Director of Resources providing details of the reductions in grants to local authorities as part of the Government’s accelerated deficit reduction plan at a national level, and detailing information, in so far as it is available, as to the reductions in grants to the Council.

13 FINANCIAL PERFORMANCE - OUTTURN 93 - 2009/2010 122 K To consider the report of the Director of Resources presenting the Council’s financial outturn position for 2009/2010.

14 ; FINAL STATEMENT AND RECOMMENDATIONS 123 - OF THE SCRUTINY BOARD (CITY AND 140 REGIONAL PARTNERSHIPS) ON THE KIRKSTALL JOINT SERVICE CENTRE

To consider the report of the Assistant Chief Executive (Planning, Policy and Improvement) presenting a response to the recommendations detailed within the Scrutiny Board (City and Regional Partnerships) statement regarding Kirkstall Joint Service Centre.

15 CORPORATE PERFORMANCE REPORT 141 - 2009/2010 YEAR END 158

To consider the report of the Assistant Chief Executive (Planning, Policy and Improvement) presenting an overview of performance against the Council’s priority outcomes at the 2009/2010 year end.

F

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DEVELOPMENT AND REGENERATION

16 ; DEPUTATION TO COUNCIL - WETHERBY 159 - BUSINESS ASSOCIATION SEEKING 166 REINSTATEMENT OF THE WETHERBY HISTORIC MARKET TOWN SIGNAGE ON THE A1

To consider the report of the Director of City Development in response to the deputation to Council from Wetherby Business Association on 21 st April 2010.

17 DEPUTATION TO COUNCIL - THE NATIONAL 167 - FEDERATION OF MARKET TRADERS ON 174 BEHALF OF KIRKGATE MARKET TRADERS REGARDING THE STRATEGY FOR LEEDS MARKET

To consider the report of the Director of City Development in response to the deputation to Council from the National Federation of Market Traders on behalf of Kirkgate Market Traders on 21 st April 2010.

18 Middleton GRANTING A NEW 20 YEAR LEASE AT A 175 - Park; PEPPERCORN RENT IN RESPECT OF THE 180 K NEW MIDDLETON ENTERPRISE CENTRE

To consider the report of the Director of City Development outlining proposals to grant a new 20 year lease to the Health for All (HFA) organisation, at a peppercorn rent in respect of the new Middleton Enterprise Centre.

G

Item Ward Item Not Page No Open No K=Key Decision

19 RESPONSE TO SCRUTINY BOARD (CITY 181 - DEVELOPMENT) INQUIRY INTO THE METHOD 204 BY WHICH PLANNING APPLICATIONS ARE PUBLICISED AND CONSULTATION UNDERTAKEN

To consider the report of the Director of City Development presenting a response to the recommendations arising from the Scrutiny Board (City Development) inquiry into the method by which planning applications are publicised and consultation is undertaken.

20 RESPONSE TO SCRUTINY BOARD (CITY AND 205 - REGIONAL PARTNERSHIPS) INQUIRY INTO 218 INTEGRATED TRANSPORT STRATEGIES FOR LEEDS AND THE WIDER REGION

To consider the report of the Director of City Development presenting a response to the recommendations arising from the Scrutiny Board (City and Regional Partnerships) inquiry into integrated transport strategies for Leeds and the wider region.

NEIGHBOURHOODS AND HOUSING

21 Chapel 10.4(3) DISPOSAL OF 60, SHOLEBROKE AVENUE, LS7 219 - Allerton; (Appendix 3HB 224 K 1 only) To consider the report of the Director of Environment and Neighbourhoods outlining the options open to the Council with respect to the future of 60, Sholebroke Avenue, LS7 3HB.

Appendix 1 to this report is designated as exempt under Access to Information Procedure Rule 10.4(3).

H

Item Ward Item Not Page No Open No K=Key Decision

22 GOVERNMENT REVIEW OF COUNCIL 225 - HOUSING FINANCE: THE COUNCIL'S 234 K RESPONSE TO THE CONSULTATION PAPER: "COUNCIL HOUSING: A REAL FUTURE"

To consider the joint report of the Director of Environment and Neighbourhoods and the Director of Resources providing a proposed response to the Government’s consultation paper entitled, “Council Housing: A Real Future”.

23 RESPONSE TO SCRUTINY BOARD 235 - (ENVIRONMENT AND NEIGHBOURHOODS) 250 STATEMENT REGARDING THE PROCUREMENT OF HOUSING CONTRACTS

To consider the report of the Director of Environment and Neighbourhoods presenting a response to the recommendations detailed within the Scrutiny Board (Environment and Neighbourhoods) statement regarding the procurement of housing contracts.

ENVIRONMENTAL SERVICES

24 GROUNDS MAINTENANCE CONTRACT 251 - 272 K To consider the report of the Director of Environment and Neighbourhoods outlining the progress made in relation to the procurement of a new grounds maintenance contract and recommending a proposed approach to contract packaging and procurement.

I

Item Ward Item Not Page No Open No K=Key Decision

25 Calverley and STRATEGIC REVIEW OF HOUSEHOLD WASTE 273 - Farsley; SORTING SITES AND BRING SITES 290 K and ; To consider the report of the Director of ; Environment and Neighbourhoods providing an Kippax and update on the current provision and performance Methley; of Household Waste Sorting Sites (HWSS) and Rothwell; Bring Sites in Leeds, and outlining issues which Temple influence their use and effectiveness in order to Newsam; recommend options for spatial policy, joint working with neighbouring authorities, maximising consistently high recycling performance and the diversion of waste from landfill.

CHILDREN'S SERVICES

26 UPDATED STATEMENTS OF PURPOSE FOR 291 - THE FOSTERING AND ADOPTION SERVICES 334 OF

To consider a report of the Interim Director of Children’s Services presenting for approval the revised statements of purpose for Leeds City Council’s Fostering and Adoption Services.

27 Farnley and BUILDING SCHOOLS FOR THE FUTURE 335 - Wortley; PHASE 2 - FARNLEY PARK MATHS AND 342 COMPUTING COLLEGE

To consider the joint report of the Chief Executive of Education Leeds and the Interim Director of Children’s Services presenting for approval and submission to Partnerships for Schools (PfS) the Final Business Case for the Farnley Park Maths and Computing College project.

J

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28 ; OUTCOMES OF THE CONSULTATION ON THE 343 - Bramley and PROPOSALS FOR THE WEST LEEDS 350 K ; SPECIALIST INCLUSIVE LEARNING CENTRE Farnley and (SILC) Wortley; Morley North; To consider the report of the Chief Executive of Morley South; Education Leeds detailing and responding to the outcomes from the public consultation exercise undertaken with respect to the proposed relocation of the West Leeds Specialist Inclusive Learning Centre (SILC) modular building.

29 RESPONSE TO SCRUTINY BOARD 351 - (CHILDREN'S SERVICES) INQUIRY 366 STATEMENT REGARDING SCHOOL ATTENDANCE

To consider the report of the Chief Executive of Education Leeds presenting a response to the recommendations detailed within the Scrutiny Board (Children’s Services) statement regarding school attendance.

K This page is intentionally left blank Agenda Item 5

EXECUTIVE BOARD

WEDNESDAY, 19TH MAY, 2010

PRESENT: Councillor A Carter in the Chair

Councillors R Brett, J L Carter, R Finnigan, S Golton, J Monaghan, J Procter and K Wakefield

Councillor R Lewis – Non-voting advisory member

235 Minutes RESOLVED – That the minutes of the meetings held on 7 th April and 28 th April 2010 respectively be approved as a correct record.

CHILDREN'S SERVICES

236 Councillor Richard Harker The Board paid tribute to and thanked Councillor Richard Harker for his services to the Council and Executive Board, who up until the recent local election had held the position of Executive Member for Learning.

237 Outcome of Statutory Notices for Changes to Primary Provision for September 2010, 2011 and 2012 Further to Minute Nos. 192 and 193, 12 th February 2010, the Chief Executive of Education Leeds submitted a report detailing the representations received in response to the publication of Statutory Notices regarding proposals to expand primary provision and establish community specialist provision for implementation between September 2010 and September 2012.

The minutes from the School Organisation Advisory Board (SOAB) meeting held on 10 th May 2010 were circulated to Members prior to the meeting as appendix 1 to the report.

RESOLVED – (a) That the responses to the statutory notices be noted;

(b) That the views of School Organisation Advisory Board (SOAB), as detailed at appendix 1 to the report, with respect to the proposals where objections have been received, be noted;

(c) That the proposed alterations at 18 of the 19 schools, as detailed at paragraph 3.2 of the submitted report, be approved. Namely: (i) permanently expand 14 primary schools for 2010; and (ii) linked permanent expansion, and establishment of community specialist provision for up to 14 pupils with Special Educational Needs (SEN) arising from physical disabilities at New Bewerley Primary School for 2010; and

Draft minutes to be approved at the meeting to be held on Wednesday, 16th June, 2010

Page 1 (iii) linked permanent expansion, and establishment of community specialist provision for up to 14 pupils with SEN arising from physical disabilities at Primary School for 2010; and (iv) permanently expand Gildersome Primary School for 2011; and (v) permanently expand Richmond Hill Primary School for 2012.

(d) That the withdrawal of the proposal for expansion of Brudenell Primary School be approved.

238 Response to Scrutiny Board (Children's Services) Inquiry Report into Meadowfield Primary School The Chief Executive of Education Leeds submitted a report presenting responses to the recommendations arising from the Scrutiny Board (Children’s Services) inquiry into Meadowfield Primary School.

RESOLVED – That the proposed responses to the recommendations of the Scrutiny Board (Children’s Services) be approved.

ADULT HEALTH AND SOCIAL CARE

239 Councillor Peter Harrand The Board paid tribute to and thanked Councillor Peter Harrand, Executive Member for Adult Health and Social Care, for his services to the Board. Councillor Harrand, who had submitted his apologies for absence from this meeting, had recently indicated his intention not to continue in his role of Executive Member following the conclusion of the current municipal year.

240 Telecare Equipment for the Leeds Telecare Service 2010/2011 - Capital Scheme 15989 The Director of Adult Social Services submitted a report outlining proposals to purchase Telecare equipment for the Leeds Telecare Service from April 2010 to March 2011.

RESOLVED – That the release of £1,000,000 capital expenditure for the Leeds Telecare Service from April 2010 to March 2011 be authorised.

241 Response to Scrutiny Board (Adult Social Care) Inquiry Report into Self Directed Support and Personal Budgets The Director of Adult Social Services submitted a report presenting responses to the recommendations arising from the Scrutiny Board (Adult Social Care) inquiry into Self Directed Support and Personal Budgets.

Members noted that a monitoring exercise on the uptake of Self Directed Support provision was to be undertaken on a Ward basis.

RESOLVED – That the proposed responses, as detailed within the submitted report, be approved.

Draft minutes to be approved at the meeting to be held on Wednesday, 16th June, 2010

Page 2 CENTRAL AND CORPORATE

242 Constitutional Matters: Amendments to the Executive Procedure Rules and Delegation of an Executive Function to Sheffield City Council The Assistant Chief Executive (Corporate Governance) submitted a report outlining proposed amendments to the Council’s Constitution in respect of executive matters following the annual review of the Constitution. The report also outlined details regarding a proposed delegation of an executive function to another authority.

RESOLVED – (a) That the revised Executive Procedure Rules, with the amendments detailed in appendix 1 to the submitted report, be approved with effect from the 27th May 2010;

(b) That under the provisions of the Local Government Act 2000 and Local Authorities (Arrangement for the Discharge of Functions) () Regulations 2000, the executive function of making payments of Home Improvement Loans (or similar new schemes and payments identified by the Director of Environment and Neighbourhoods, in consultation with the Executive Member), approved under the Leeds City Council Private Sector Housing Assistance Policy in accordance with the Regulatory Reform (Housing Assistance) Order 2002, be delegated to the executive of Sheffield City Council;

(c) That subject to legal advice, officers be authorised to enter into a tripartite agreement with Sheffield City Council and Leeds City Credit Union Ltd to allow the provision of Home Improvement Loans within Leeds.

243 Response to the Scrutiny Board (Central and Corporate) Inquiry Report into Consultant Engagement The Director of Resources and the Assistant Chief Executive (Corporate Governance) submitted a joint report presenting responses to the recommendations arising from the Scrutiny Board (Central and Corporate) inquiry into consultant engagement.

RESOLVED – That the responses from the Director of Resources and Assistant Chief Executive (Corporate Governance), as outlined within the submitted report, be approved.

DEVELOPMENT AND REGENERATION

244 A653 Dewsbury Road Bus Priority Measures: Ring Road Beeston Park Bus Lane The Director of City Development submitted a report outlining proposals for the implementation of a scheme to provide a new northbound bus lane on Ring Road Beeston Park and to improve the junction of Ring Road Beeston Park with the A653 Dewsbury Road, as part of the Local Transport Plan programme for improving the quality of bus services in the city.

Draft minutes to be approved at the meeting to be held on Wednesday, 16th June, 2010

Page 3

RESOLVED – (a) That the contents of the submitted report be noted;

(b) That approval be given to the Ring Road Beeston Park Bus Lane proposal, as detailed at drawing number HDC/713450/CO1 which is appended to the submitted report, at an estimated cost of £3,200,000;

(c) That authority be given to incur additional expenditure of £2,620,000, comprising £2,510,000 works costs and £110,000 staff costs, to be met from the Integrated Transport Scheme 99609, within the agreed Capital Programme; and

(d) That previous approvals totalling £580,000, comprising £230,000 staff costs, £120,000 ancillary costs, £220,000 for advance statutory undertakers’ diversion costs and £10,000 for advance site clearance costs, be noted.

NEIGHBOURHOODS AND HOUSING

245 Cross Green Group Repair - Phase 1 The Director of Environment and Neighbourhoods submitted a report outlining proposals to utilise Single Regional Housing Pot funding on the first phase of the Group Repair scheme within the Cross Green area.

RESOLVED – (a) That authority be given to the injection into the Capital Programme of £171,000 from owner occupiers.

(b) That authority to spend £630,000 from Holbeck Ph4 A&D scheme be rescinded.

(c) That the transfer of £630,000 government grant from Holbeck Phase 4 to Cross Green Group Repair Ph1 be authorised.

(d) That scheme expenditure to the amount of £1,891,000 on Cross Green Group Repair Phase 1, be authorised.

246 ALMO Land Assembly in East Leeds The Director of Environment and Neighbourhoods submitted a report providing an update on the clearance of sites by the Council’s Arms Length Management Organisations (ALMOs) in the East and South East Leeds (EASEL). The report also sought approval of the general fund contribution to the costs of acquiring and demolishing houses in private ownerships on such sites.

RESOLVED – (a) That the injection of £2,582,000 of General Fund resources to cover the balance of the 2009/10 and projected 2010/11 expenditure, funded initially from unsupported borrowing but to be recompensed from EASEL site receipts in future, be approved; and

Draft minutes to be approved at the meeting to be held on Wednesday, 16th June, 2010

Page 4 (b) That expenditure of £8,425,000 as the costs for the acquisition and demolition of the private sector houses, dealt with as part of the rationalisation of housing stock by East North East Homes Ltd., be authorised.

247 The Review of the Council's Lettings Policy Further to Minute No. 50, 22 nd July 2009, the Director of Environment and Neighbourhoods submitted a report providing an update on the progress made with respect to the reviewing of the Council’s lettings policy, the improvements in the management of lettings and tenancies, the development of a framework for lettings to all new affordable housing schemes and the timescales for full consultation and implementation of a revised lettings policy.

RESOLVED – (a) That the Director of Environment and Neighbourhoods together with the Council’s Assistant Chief Executive (Corporate Governance) develop the proposals, as detailed within the submitted report, into recommendations for change to be incorporated into a revised lettings policy and guidance.

(b) That an equality impact assessment be undertaken on the potential impact of the proposed lettings policy changes.

(c) That the proposals, as detailed within the submitted report and including references made during the meeting to the prioritisation criteria for households with dependent children, be consulted upon with a view to a revised lettings policy being prepared and submitted to the October 2010 meeting of Executive Board.

DATE OF PUBLICATION: 21 st May 2010 LAST DATE FOR CALL IN: 28 th May 2010

(Scrutiny Support will notify Directors of any items called in by 12.00 noon on 1 st June 2010)

Draft minutes to be approved at the meeting to be held on Wednesday, 16th June, 2010

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Page 6 Agenda Item 6 Originator: R Mond

Tel: 247 8395

Report of the Chief Recreation Officer

Executive Board

Date: 22 June 2010

Subject: SOUTH LEEDS SPORTS CENTRE

Electoral Wards Affected: Specific Implications For: Beeston and Holbeck Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In X (Details contained in the report)

EXECUTIVE SUMMARY Under a previous Executive Board decision, South Leeds Sports Centre is due to close when Morley Leisure Centre opens, unless a suitable community group is identified to take it over. Expressions of interest have been canvassed and proposals have been received from a community organisation, but the decision is not yet taken on whether their proposal is suitable. This report seeks to extend the council’s management of the sports centre for up to four months to allow continuity of service pending a decision on community transfer.

1. Purpose Of Report

This report seeks to extend the council’s management of South Leeds sports centre for up to four months, to allow continuity of service pending a decision on community transfer.

2. Background Information

2.1 On 26 August 2009, Executive Board approved the “Vision for Council Leisure Centres”. The approved recommendations relating to South Leeds Sports Centre were:-

• To seek expressions of interest to transfer South Leeds Sports Centre to a Community Organisation

• To close South Leeds Sports Centre (if no suitable community group is identified) when the new Morley Leisure Centre opens in 2010, and concentrate leisure provision at the John Charles Centre for Sport and Morley .

Page 7

2.2 The report also suggested a series of conditions for the offer of Community Management, as follows: no ongoing financial commitment from Leeds City Council; transparent community or public control and robust governance arrangements; any leases on a full repair and maintenance basis with a minimum of ten years; adequate public liability insurance put in place by the organization; sound Business Plan for using the facility in the public interest; evidence of sufficient funding in place to avoid coming back to the Council for capital, revenue or emergency funding.

2.3 Tiger 11 were invited to submit a bid, and given the Council’s detailed criteria on 18 th November 2009 and had a clarification meeting on 4 th December 2009 with several council officers. Tiger 11 sent their Business plan to the Council on 1 st March 2010 and were informed on 12 th March 2010 of concerns the Council had about its viability and sustainability. They subsequently enlisted help from a neighbouring Leisure Trust to help address some of the concerns with the plan. On 18 th May 2010 they presented a Business Plan that was more somewhat more robust concerning the operating assumptions but which asked the Council for a revenue grant ( the business plan showed a cumulative £1.4m deficit after 5 years) and asking whether they could have access to prudential borrowing towards the £1.8m capital improvement assumption. This was incompatible with the Executive Board decision of 26 th August 2009. The community organisation have asked for more time to explore other sources of funding.

2.4 Morley Leisure Centre is due to open on 21 June.

3 Main Issues

3.1 The extended process of formulating the bid for Community Asset Transfer means that no decision has yet been taken on whether the bid is suitable. Moreover, Officers are of the opinion that a short additional period to allow direct engagement with Tiger 11 would enable further beneficial refinement of the proposals. 3.2 To keep the centre open for four months will require continued staffing and operation of the centre. Opening on the restricted hours basis on which the centre was reopened in 2006/07 is recommended to contain the deficit. The estimated net cost for the maximum four month period proposed is £129,735 as set out in the table below.

South Leeds 2010/11 Summary Financial Projection Jul-Oct Income 34,000 Payroll (shifts equivalent to 10 @£30k p.a.) 100,000 Maintenance 4,000 NNDR 15,735 Gas, Electricity & Water 28,000 Other Running Costs 16,000 Total Costs 163,735 Deficit 129,735

Page 8 3.3 As well as providing a better basis for a possible transfer to Tiger 11, the continued opening would of course mean continued service provision during the period in question, and the subsidy needs to be understood in the context that all Council swimming pools depend on subsidy to operate.

4. Proposal 4.2It is proposed to continue operating South Leeds Sports Centre on a limited hours basis for a period of up to four months from 22 June 2010 while further work, evaluation and final decision take place on the proposed business plan under which a community asset transfer to Tiger 11 would take place. There will be a further report to Executive Board within this period to consider the community asset transfer. 5 Consultation

5.1 There will be ongoing consultation regarding the Community Asset Transfer proposal.

6 Legal And Resource Implications

6.1 There is £100,000 funding in the 2010/11 budget for South Leeds Leisure Centre, which will have been largely or completely expended by the end of June. The proposals therefore create a budget pressure of up to £129,735 which will need to be met from reprioritising of resources in the City Development Directorate. 7 Recommendation 7.1 Executive Board is requested [a] to approve the postponement of the closure of South Leeds Sports Centre for up to four months from the current approved date of 21 June 2010 and request a further report regarding the proposed community asset transfer within the period of time. [b] to note the financial implications of continued opening which will be met by reprioritising of resources in the City Development Directorate.

Background Papers

Vision for Council Leisure Centres

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Page 10 Agenda Item 7

Originator: Richard Mond

Tel: 2478395

Report of the Director of City Development

Executive Board

Date: 22 nd June 2010

Subject: Woodhouse Moor Park Barbecue Use

Electoral Wards Affected: Specific Implications For: Hyde Park and Woodhouse Equality and Diversity 

Community Cohesion 

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In  (Details contained in the report)

EXECUTIVE SUMMARY

1. This report considers the background to the decision of Executive Board on 26 th August 2009 to trial a designated barbecue area at Woodhouse Moor Park, and progress made to implement this decision. 2. There has been a delay in implementing the Executive Board decision to trial a designated barbecue area as a result of not agreeing a suitable support material with local community representatives. 3. As an interim measure, the Parks and Countryside service has been enforcing the byelaws prohibiting barbecue use supported by funding from the North West Inner Area Committee. 4. The presence of Parks Watch officers is proving successful in preventing barbecue activity at Woodhouse Moor and enforcing the byelaws. 5. If funding is sustained, then it is felt that enforcement activity could be a viable long term solution to address issues associated with barbecue use. 6. Members are requested to note the contents of the report and consider enforcement of existing byelaws at Woodhouse Moor Park as an alternative to trialling a designated barbecue area.

Page 11 1.0 Purpose Of This Report

1.1 This report provides the background to the decision of Executive Board on 26 th August 2009 to trial a designated barbecue area at Woodhouse Moor Park, and progress made to implement this decision. It provides a summary of research of alternative support materials and the outcome of trials in consultation with community representatives. It requests that Executive Board reconsider the approach to addressing issues associated with barbecue use at Woodhouse Moor in the light of the recent experience of enforcement activity.

2.0 Background Information

2.1 At the meeting of Full Council on the 2nd July 2008 a deputation was received regarding a number of issues concerning Woodhouse Moor Park. In particular the issue of barbecue use and the associated anti-social behaviour was raised along with more general concerns about the park. The response to these issues was submitted in a report to Executive Board on the 8 th October 2008. Executive Board noted the proposal to consult on this issue, and a consultation process was undertaken.

2.2 The consultation methodology was developed around gauging opinion on the concept of a designated barbecue area at Woodhouse Moor Park. This was developed in consultation with local ward members and officers of the North West Inner Area Committee to gauge opinion and inform any decision on this matter from all stakeholders involved. Accordingly, there were 3 primary means of consultation. First, a household survey to all residences within a defined catchment area around the park also sent to 65 relevant community organisations; second, open consultation events on the issue; and finally consultation with the Police and Fire Authorities.

2.3 Ward Councillors representing Hyde Park and Woodhouse Ward and Ward requested that Scrutiny Board (City Development) investigate the consultation process following concerns received from residents stating that they did not receive a questionnaire. This matter was considered by Scrutiny on the 9 th June and 7 th July 2009.

2.4 A report was submitted to Executive Board by the Director of City Development on 26 th August 2009 in response to the deputation to Council from North Hyde Park Residents’ Association, South Headingley Community Association and the Friends of Woodhouse Moor organisation on 15 th July 2009. The report also outlined the result of a recent consultation exercise with local residents and stakeholders, from which the following conclusions were drawn.

• On balance, there is a view that a designated area for portable barbecues is worth considering • Enforcement is crucial to a successful outcome, but there are limits in capacity to provide enforcement • Providing a solution that can be effectively enforced should ensure that associated anti-social behaviour issues can also be addressed • Concerns have been raised about the use of concrete and the general unsightly nature of the area as set out in the consultation questionnaire • There is also a concern that widespread barbecue use in the park impacts on the enjoyment of other users

Page 12 2.5 The report appraised 3 options, as follows:

• Option 1: Provision of a permanent designated barbecue area as outlined in the consultation process • Option 2: Enforce byelaws preventing barbecue use as outlined in the consultation process • Option 3: To trial a designated barbecue area

2.6 It was resolved that the analysis and summary consultation activity contained in the report be noted, and that approval be given to the implementation of Option 3 from 1 April 2010 until the end of the barbecue season.

3.0 Main Issues

3.1 Following the decision by Executive Board, research on suitable cellular systems as well as standing barbecue supports was conducted, and a trial area set up at Red Hall displaying each potential solution. In summary, there were 3 approaches that could be considered to implement the trial designated barbecue area.

• The use of cellular systems flush with the ground • The use of standing barbecue supports above the ground • No support materials i.e. grassed designated barbecue area

3.2 Cellular systems allows grass to grow through holes whilst supporting portable barbecues and protecting the root zone. They are generally robust and difficult to damage and the cost to purchase and install is modest. Grass maintenance is easily facilitated as the mower can pass over the top of the cellular structure. There are however issues with concrete or metal solutions due to the potential for concrete to crack or disintegrate and for metal to rust, distort or present a safety hazard due to high temperatures. Burnt grass can also create an eyesore and conversely if a cellular support is not used it can disappear from view.

3.3 Standing barbecue supports above the ground would prevent scorch marks on the grass, although both choices available would involve the use of metal with associated issues with rust, distortion and safety issues associated with heat conduction. It would be more difficult to manage the grass around such supports and generally they would be more visually obtrusive on the landscape.

3.4 Providing no support materials, whilst clearly the lowest cost solution would result in scorch marks on the grass and the possible effects of erosion once the grass root structure has been destroyed.

3.5 Following visits to the trial area and analysis of each option, it has not been possible to agree a suitable barbecue support material with community representatives. Furthermore, it was felt that scorch marks in a more concentrated area would be particularly unsightly and did not present a viable alternative. In these circumstances, a trial designated barbecue area has not yet been put in place.

3.6 In the interim the Parks and Countryside service has been enforcing the byelaws prohibiting barbecue use. This has been supported by funding from the North West Inner Area Committee of £25,085 which has been allocated to utilise two Parks Watch officers from the period 1 st April to 30 th September on a daily basis from 10am to 10pm.

Page 13 3.7 The following table summarises the incident log for April and May 2010 during the time that Parks Watch officers have been present.

Incident April May Total BBQ advise, set up, extinguish & remove 58 13 71 Littering issues and assistance 15 10 25 Interference of temporary enforcement notices 11 2 13 Urinating in public 2 10 12 Drunkenness and drink related issues 3 5 8 Graffiti, fly posting 4 4 8 Unauthorised or evidence of motor vehicle access 1 5 6 Inappropriate use of bowling green 4 2 6 Verbal abuse to enforcement staff 2 3 5 Fires and breaking off branches for fuel 2 3 5 Non-violent injuries 1 2 3 Violence, stone throwing 1 2 3 Illegal golfing activities 2 0 2 Lost keys 1 1 2 Other incidents 3 2 5

3.8 Whilst there was considerable enforcement activity in April, with 58 incidents recorded, this had reduced to 13 incidents in May. The presence of Parks Watch officers is therefore proving successful in preventing barbecue activity at Woodhouse Moor and enforcing the byelaws. This provides evidence to support the option of continued enforcement of barbecues which could be a viable alternative should enforcement resources be available.

3.9 It should be noted that £14.5k has been committed for signage and bins in support of the designated area, and whilst some art work has been commissioned costs have not been incurred for the sign themselves. If Executive Board agreed not to proceed with a designated area, this funding could be allocated to emphasising enforcement of byelaws at Woodhouse Moor Park. In addition the inclusion of additional litter bins and recycling facilities would help alleviate some of the litter and waste management issues on the park as the result of the high level of use by the local population.

4.0 Implications For Council Policy And Governance

4.1 The decision of Executive Board on 26 th August 2009 was to trial a designated barbecue area. Following the circumstances described in this report, this decision has not yet been fully implemented. Should the Council with to reconsider the approach to addressing issues associated with barbecue use on Woodhouse Moor Park and adopt an enforcement approach, a further decision is now required by Executive Board.

5.0 Legal And Resource Implications

5.1 The use of barbecues are prohibited on Woodhouse Moor and all other parks within the Leeds Metropolitan Borough under the Leeds City Council Byelaw for Pleasure Grounds, Public Walks and Open Spaces (17th December 2008) section 11 clause (1) which states: 11 (1) No person shall light a fire or place, throw or drop a lighted match or any other thing likely to cause a fire . Barbecue activity is only permitted in a designated area.

Page 14 5.2 Advice received from the Council Regulatory and Enforcement section indicates that existing byelaws can be enforced by an Authorised Officer provided that the required scheme of delegation is implemented. At this stage such an officer would be able to caution and/or prosecute, but would not be able to issue a fixed penalty notice. The byelaw would need to be exhibited in order to commence the legal process.

5.3 Given the experience of carrying out enforcement activity during April and May, a more accurate assessment of revenue costs can now be undertaken. This has been assessed at £5k per month, including utilising a golf buggy, tools, and staff welfare facilities which represents a total of £30k over a six month period. Ongoing funding would be required in order to continue effective enforcement activity

6.0 Conclusions

6.1 There has been a delay in implementing the Executive Board decision to trial a designated barbecue area as a result of not agreeing a suitable support material with local community representatives. In these circumstances as an interim measure, the Parks and Countryside service has been enforcing the byelaws prohibiting barbecue use supported by funding from the North West Inner Area Committee. The presence of Parks Watch officers is proving successful in preventing barbecue activity at Woodhouse Moor and enforcing the byelaws. If funding is sustained, then it is felt that enforcement activity could be a viable long term solution to address issues associated with barbecue use.

7.0 Recommendations

7.1 Members are requested to note the contents of the report.

7.2 Members of Executive Board are requested to consider enforcement of existing byelaws at Woodhouse Moor Park as an alternative to trialling a designated barbecue area.

Background Papers:

• Delegation to Full Council 2 nd July 2008 • Executive Board report 8 th October 2008 • Questionnaire responses and correspondence • Scrutiny Reports (City Development): 9 th June and 7 th July 2009 • Deputation to Full Council July 2009 • Executive Board report 26 th August 2009

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Page 16 Agenda Item 8

Originator: John Lennon

Tel: 0113 2478665

Report of the Director of Adult Social Services

Executive Board

Date: 22 June 2010

Subject: DEPUTATION TO COUNCIL – THE ACCESS COMMITTEE FOR LEEDS REGARDING “ADULT SOCIAL CARE- THE REAL DEAL”

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap

Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In ü (Details contained in the report)

EXECUTIVE SUMMARY

On Wednesday the 21st April a Deputation was brought to Council by the Access Committee for Leeds regarding “Adult Social Care –The Real Deal.” The Deputation requested the Council take urgent action to resolve the issues expressed in the Deputation’s report and consider what can be done to develop the capacity of the grass roots networks that made the difference in the case histories described within the Deputation report. This report provides information on the level eligibility criteria is set in Leeds, how needs are assessed ,how the rising trend in numbers of referrals is being managed and how signposted services are being developed in line with key Government policy drivers regarding the requirement to transform Adult Social Care. Lastly, how the case histories provided in the Deputation provide a timely opportunity to review our professional practice and review some key guidance to staff.

1. PURPOSE OF THIS REPORT

1.1 Council resolved that the matters raised within the Deputation report should be considered by the Executive Board. Appendix 1 is the speech to Council provided by the Leeds Access Committee. This report will provide the Executive Board with information on the Adult Social Care issues referred to in the Deputation report, how referrals for social care services are completed, what the outcomes of those referrals are and what happens to those people who are deemed ineligible for service under the 1 Page 17 Leeds criteria set by Council. The significant linkages to national government policy in relation to the transformation of Adult Social care are highlighted particularly how the challenges of those national policy drivers are being met in Leeds.

2. BACKGROUND INFORMATION

2.1 On the 21 st of April Leeds Access Committee led a Deputation to Council raising concerns about how, in three cases, following an assessment, it was decided these individuals fell outside the criteria with no eligible needs. The Deputation felt this could have had serious implications for “leaving people isolated and lost in a confusing process” when they are signposted to other services (see Appendix 1 for full text).

2.2 Following the Deputation contact has been made with the Access Committee to see if any of the individuals referred to in the report could be contacted and their circumstances looked at again to see if there was a problem with the original assessment. Unfortunately the Access Committee are not able to identify those individuals so it is not possible to clarify how the Council responded to these particular individuals. However there has been a meeting with the speaker to the Deputation report to better understand the more general concerns about Adult Social Care services and this report will try and extract the general rather than specific concerns raised and provide the Executive Board with a response within these constraints.

3 MAIN ISSUES

3.1 The case histories provided within the Deputation report, help illustrate the strategic links to national policy driving transformational service changes in Adult Social Care. Examples are provided of how Leeds is responding to these changes in terms of investment and service redesign. This report describes the Putting People First agenda and how signposting works. The report goes on to show the help and support available to people in these circumstances, what services are available to people when they are signposted, and assurances that these services are safe and reliable and finally how eligibility is determined in Leeds.

4. PUTTING PEOPLE FIRST

4.1 This work forms part of Leeds City Council’s commitment to Putting People First (see diagram below) and its four key principles of early intervention and prevention, which in terms of our overall investment in prevention is now over £13M. Empowering people through choice and control, universal services and developing social capital (through cleaning companies putting people in touch with support services, local businesses in the community working alongside Neighbourhood Networks by providing a variety of support such as acting as advisors to management committees and volunteering staff time, to volunteers helping to tackle social isolation).

Putting People First –more than Adult Social care

Enablement Information, advocacy & advice Assistive Leisure, transport, etc technologies

User led organisations Housing options

Personal Budgets Neighbours

Community Person centred networks support plans 2 Volunteers Page 18 Responsive, flexible services

4.2 The Government’s Putting People First agenda is a ten year plan that requires the transformation of the whole of Adult Social Care, in line with the four key priorities

• Early Intervention and Prevention – how we identify and focus proven strategies on people who can be supported more effectively and efficiently , by a range of council services ,either as a preventative measure or earlier in their illness or disability. • Universal Services - developing access to high quality information, guidance and support for all residents of Leeds at first point of contact. • Social Capital - developing ways of supporting communities to have more control and say over how their services are provided • Choice and Control – how this agenda will impact on other council services and the NHS and how we will work in partnership to share the learning and redesign the services we provide

4.3 In terms of Choice and Control the targets Government are setting over the next 2 years include the requirement that Councils and NHS have commissioning strategies that address the future needs of their local population and have been subject to development with all stakeholders especially service users and carers; providers and third sector organisations in their areas.

4.4 Councils will need to ensure the development of a diverse and high quality market in care and support services to offer real choice and control to service users and their carers and the information provided in appendix 2 provides how this is being developed in Leeds with an improved range of services, ,being offered to all residents irrespective of whether they are eligible for support or public funding.

4.5 Commissioning strategies will be required based on the local Joint Strategic Needs Assessment (JSNA) and in partnership with other local commissioners, providers and consumers of services that incentivise the development of diverse and high quality services outside of traditional social care provision, that balance investment in prevention, early intervention/reablement with provision of care and support for those with high-level complex needs.

4.6 User-led initiatives will need to be developed with a much wider range and scale of services to address local needs that should emerge, in a market that will be increasingly populated by individual purchasers and self funders and evidence will be required that as a result of these strategies there has been an increase in the range of service choice provided.

4.7 Councils will need to have clear plans regarding the required balance of investment to deliver the transformation agenda. and that stakeholders are clear on the impact that purchasing by individuals, both publicly (personal budgets) and privately funded, will have on the procurement processes of Councils and the NHS in such a way that will guarantee the right kind of supply of services to meet local care and support needs.

5. SIGNPOSTING

5.1 Signposting, Early Intervention and Prevention

3 Page 19

5.1.1 Two of the ways outcomes of an assessment are recorded and referred to above are “signposted/referred elsewhere and “signposted information and advice” given. This was alluded to in the Deputation’s report and which specifically referenced the Neighbourhood Networks, the development of community capacity and the need for confidence in the reliability and safety of these alternatives.

5.1.2 An example of a signposted service pioneered in Leeds is the Keeping House Directory which was first introduced in 2005 to help assist people looking for domestic services and gardening outside of Fair Access to Care Services (FACS) eligibility. When circulated it was accompanied with information on the Neighbourhood Networks covering the specific area the enquiry came from, along with contact information for the Welfare Rights Unit.

5.1.3 If during an enquiry a person presented with needs that appeared to be at a lower level that would be eligible for services from Adult Social care they would be referred on (signposted) for further consideration. Care & Repair Leeds now manage this work.

5.1.4 Care & Repair have worked further at improving ease of access and encouraging customer feedback. The Directory, originally circulated for professionals, is now designed for anyone to work to find appropriate support. The lists distributed to clients are focussed on the specific geographic area and particular service they have enquired about, reducing the risk of overburdening someone with information. Feedback is encouraged online or by telephone to help rate the providers in the Directory. Additionally, Care & Repair contact 10% of the people who have received the Directory for customer satisfaction feedback and operate in a similar way to the kind of customer feedback you might find on Ebay and other similar operations.

5.1.5 The service providers in the Directory are required to sign up to the Keeping House Code of Good Practice and the Keeping House Values to help ensure people receive more than just a signposted service. One of those values is that a service be Person Centred.

5.1.6 Pop-ins and Angels Housekeeping are examples of two organisations in the Directory that are known to not only provide a domestic service, but also help their customers access other support services and appropriate benefits. Appendix 2 contains information and statistics from Care and Repair on the current performance of the Keeping House Directory and its developments in customer support and satisfaction.

5.1.7 The range of support and services for people outside of FACS eligibility also includes advocacy, Age Concern’s information service and the Neighbourhood Networks. Advocacy in Leeds is available from a range of agencies, all covered by the Advocacy Network, including Age Concern and the Neighbourhood Networks. The Care Ring 24 hour emergency telephone support service is also available for people over 60 outside of FACS eligibility, as well as adults under 60 who meet the qualifying criteria.

5.2 Neighbourhood Networks

5.2.1 Neighbourhood Networks were specifically referred to in the Deputation report. They consists of 38 organisati ons covering all areas of Leeds and our investment in the Networks will rise to £1.7M (with an additional £300K from NHS Leeds), taking the gross value to £2.0M. The services and support they provide are there for all people over the age of 60 living within Leeds’ boundaries, including schemes specifically developed to meet the needs of members of Black and Ethnic Minority communities. 4 Page 20 The support itself includes advice and information, help around the home, healthy living, leisure and recreation and general support such as form filling.

5.2.2 The Neighbourhood Networks are not only an invaluable service to signpost to; they provide a wide range of supported signposting services, assisting people in finding the support they need. In the first and second quarters of 2009-10 they helped over 3,000 older people access support with housing benefits, utility enquiries, welfare rights claims, social activities, home security and gardening. Appendix 2 gives a clearer picture of the services provided by the Networks in Quarter Three of 2009-10.

6. ELIGIBILITY

6.1 Eligibility for Services in Leeds is determined by Fair Access to Care Services (FACS) a national framework developed by the government to help decide who should receive adult community care services from Social Services departments as they were known at the time .

6.2 All Adult Social Care Services have to use the same Fair Access to Care Services eligibility criteria. This was designed to make sure that public money is spent fairly and tackle what was seen as the postcode lottery for services when similar needs were being presented.

6.3 Within this national framework are eligibility criteria which are the conditions you have to meet to get help from Councils. These criteria are divided into four categories. In summary these are Critical: The risk of major harm/danger to a person or major risks to independence. Substantial: The risk of significant impairment to the health and well being of a person or significant risk to independence. Moderate: The risk of some impairment to the health and well being of a person or some risk to independence. Low: Promoting a person's quality of life or low risk to independence.

6.4 In common with all other Local Authorities, Leeds City Council has to ensure that everyone has fair access to social care services. Local Authorities are required to focus its available social care resources on those people with the greatest need and to this end Leeds City Council has decided it will provide personal social care services to those people with critical and substantial needs supported by investment in direct access services described in Section 5.1.

6.5 An assessment is the method by which we identify a person's needs and risks including; how one thing affects another, the individual's views and attitudes towards these risks, and how likely things are to get better or worse in the near or foreseeable future. This will inform decision making about eligibility, the risks to independence and the risk of harm or danger.

6.6 Decisions about who should receive social care services are then based on an assessment of those risks to both immediate and long term independence. In Leeds people's needs are always assessed before arranging and agreeing to fund services. This is to ensure equity and fairness. Eligibility criteria help staff reach these decisions.

6.7 Referrals, assessments and outcomes

6.7.1 In this section some analysis will be provided on the work that comes into the Adult Social Care Service in Leeds, how this is managed, what are the outcomes of those assessments and how people whose needs are deemed ineligible and signposted/referred elsewhere for support, are dealt with.

5 Page 21 6.8 Referrals

6.8.1 Total referrals for the last 12 months described below indicate a consistent rising trend on a week by week basis. The fluctuation on the monthly recordings below is partly explained by some months being 4-week months and some 5-week months.

Total Referrals for All Clients

5000

4000

3000 2009-10 2000 2010-11

1000

0 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar

6.8.2 The most significant change this year in the weekly breakdown of referrals by source shows is that Secondary Health made an increased number of referrals from April 2009 from between 250 and 300 per week (33.6%) to between 350 and 400 per week (around 40.0%), and has maintained the high numbers ever since, dipping only at seasonal holiday times within the year. As we move forward into a new financial year it remains by far the largest proportion of all referral sources, at 39.1%.

6.8.3 Between April 2009 and April 2010 the number of new referrals recorded has risen by around 10%, with 2,248 new referrals received in April 2010 compared to 1,998 in April 2009. This confirms a rising trend in demand for social care services and in particular for those people who are cared for within secondary care and are seeking social care support and funding to return home or to move to a care placement of some kind

6.9 Assessments

6.9.1 Of the 7591 assessments recorded between April 2009-March 2010 around 70% were deemed to have eligible needs (i.e. were offered a service of some kind). Consequently a significant majority of people who have had an assessment were provided with a service with 19% or 1438 signposted/referred elsewhere. . 7. CONCLUSIONS

7.1 The Deputation has raised a number of concerns about how we ensure people are safe when they are in need of services, but fall outside of the criteria for eligible service in Leeds. Additionally how Local Authorities, challenged by the national Putting People First transformation agenda and in determining how to meet the needs of their local residents, will increasingly look to combining the resources of both the Council as a whole and partner organisations like the NHS to provide better more rounded outcomes for Leeds residents and provide best value services.

6 Page 22

7.2 Unfortunately, it was not possible to follow up the three particular case examples cited in the Deputations report as their names could not be provided however a meeting was held with the author of the Deputation report and it was possible to identify in general terms those concerns and formulate a response by describing how services are assessed in Leeds and an appropriate service response is available.

7.3 In the Deputation’s report reference is made to the Neighbourhood Networks who provided appropriate support for two of the people referred to in the Deputation’s report and this served to confirm what an important contribution to the Early Intervention and Prevention strategy these organisations play in supporting the provision of Adult Social Care provision in Leeds.

7.4 The third person referred to in the report unfortunately does not appear to have been able to access the kinds of support provided as a universal service for Leeds residents. There is, built into the assessment process , a complaints and representations procedure that individuals can use should they be unhappy with outcome of the assessment. It is difficult to know what happened in this case but this example confirms our need to ensure service users are made aware of this right to make representations and are offered support to do so if necessary.

7.5 The Deputation report has highlighted the need to pay particular attention to those individuals who may be coping but who need signposted services to continue to do so. When people do not appear to have a natural circle of support from family or friends to help them access that support then whether through the use of the extensive advocacy services in Leeds or with the Neighbourhood Networks ,who are well placed to support people in accessing services ways need to be found to help people find that support.

7.6 The deputation report highlighted the need for Council to utilis e all its resources, directly provided or commissioned, to effect a positive outcome for all residents but particularly its older and more vulnerable population. Demographic data confirms, many people continue to live independently healthy lives without social care support but many also clearly benefit from and are supported by the services funded by social care investments in Early Intervention and Prevention services.

8. RECOMMENDATIONS

8.1 The Executive Board notes the concerns raised by the Deputation and thanks members of the Leeds Access Committee for bringing this to the attention of the Council.

8.2 The Executive Board are asked to note Adult Social Care’s approach in tackling these issues, all of which forms part of Leeds City Council’s commitment to Putting People First and its four key principles of early intervention and prevention, empowering people through choice and control, universal services and developing social capital.

8.3 The Executive Board note Adult Social Care’s commitment to develop good practice by issuing additional professional guidance notes to all staff when conducting assessments for vulnerable adults, particularly where support is required to access signposted services.

8.4 The Executive Board note Adult Social Care’s commitment to develop good practice by taking steps to ensure all service users are aware of their right to make representations regarding the outcome of their assessment. 7 Page 23

Background documents used in the report:

Deputation to Council

Statistics & Feedback up to 1 st April 2010 from Keeping House Directory and Care and Repair

Putting People First –Department of Health Publication

8 Page 24

DEPUTATION FOUR ACCESS COMMITTEE FOR LEEDS

THE LORD MAYOR: Good afternoon and welcome to today’s Council meeting. Please make your speech now to the Council, which should not be longer than five minutes, and please begin by introducing the people in your deputation.

MR McSHARRY: Thank you Lord Mayor. Members of our deputation are: David Littlewood, to my left, and Linda Watson to my right, and my name is Tim McSharry.

Lord Mayor before I begin may I take this opportunity to acknowledge the outstanding dedication to the of our Chief Executive, Paul Rogerson, and offer Paul our most sincerest and heartfelt best wishes for a healthy, happy, long and fulfilling retirement. (Applause)

I stand before you today not as a representative of the many people living with ill health, injury and disability who fully acknowledge and celebrate the exemplar life changing services they receive through Leeds Social Care, but on behalf of Emily at 90 years old, Annie at 83 years old and Maggie who lived her life independently until she was 97, and also many other people who feel abandoned by a service they believed would be there to help maintain their quality of life, social inclusion and choice to live with support in their own homes and communities of family and friends.

Emily, Annie and Maggie asked for Social Care assistance, but following and assessment it was decided they fell outside the criteria with “No eligible needs” - a decision with potentially serious implications as it can leave people isolated and lost in a confusing process of signposting with no real understanding of how the system works, who to trust or where to go. It also creates additional work and inconsistencies in service delivery with individuals having to start the whole process again if their needs change.

Thankfully, in Emily and Annie’s case they had friends in a neighbourhood network who were able to give them the help they needed with the signposting process but sadly in Maggie’s case this did not happened and she felt abandoned with no alternative but to struggle on without support and, after all, Maggie was of a generation who knew what struggle and social deprivation was about, starting her working life at twelve years old helping her mother to pack sardines in , to working sometimes 24 hours combining shifts on a hospital ward with ARP duties during the war. Maggie worked hard all her life, but was generous to a fault and always has time to help others in her community.

Very sadly, not many months after Maggie’s assessment, she was admitted into hospital and spent the last eight months of her life in a hospital bed, always hoping she could get back home.

We cannot really say for certain what may have happened if Maggie had received an exemplar joined up service that placed all customers first and respected everyone’s well being, safety and quality of life. However, we can say that from the point Maggie was

Page 25 assessed as having no eligible needs and given a signposting process that offered no further support, Maggie’s dignity, independence and quality of life were seriously compromised.

The real inequality is that this Council, in following such polices, are likely to be failing other individuals, like Maggie, who are deemed to be outside the Council’s eligibility for help, and are left to sink or swim in a list of contacts and external services. This is not about the ability to pay for services; it is simply about a service that places some potentially vulnerable individuals on a cliff edge apparently without further assistance, contact, follow up, monitoring or evaluation.

The fact that such cliff edges exist highlights fundamental issues in respect to the delivery of care in our city; cliff edges that are further undermined through the actions of the council’s own ALMOs who continue to deny and circumvent the mandatory rights of their disabled tenants.

In conclusion, we ask that this Council takes urgent action to resolve the issues expressed in this deputation and consider what can be done to develop the capacity of the grassroots networks that made all the difference in Emily and Annie’s case.

There is no real deal when it comes to the duties this Council owes to the people of Leeds. The success of our public services are not measured against good intentions and cliff edges, but in quality of leadership and how the critical social values of respect, dignity, inclusion, care and support are afforded to all individuals regardless of age, illness, injury or disability. Thank you. (Applause)

THE LORD MAYOR: Thank you, Mr McSharry. I now call on Councillor Bentley?

COUNCILLOR BENTLEY: Thank you, Lord Mayor. I move that the matter be referred to the Executive Board for consideration.

COUNCILLOR GRUEN: Yes, I second, Lord Mayor.

THE LORD MAYOR: (A vote was taken) This is PASSED .

Thank you for attending and for what you have said. You will be kept informed of the consideration which your comments will receive. Good afternoon.

Page 26 Appendix 2

Statistics & Feedback up to 1 st April 2010 for Keeping House Directory Care & Repair (Leeds)

Helpline • Calls – 505 • E-mails – 239 • Referrals – 591 • Leaflets Sent – 980

Feedback • Feedback Calls Made – 56 • Incoming ‘star ratings’ - 57

Website (figures since December 2009) Visitors - 1684 Online Searches - 1119 Directory Downloads - 275

Newsletters 6 Newsletters sent (4040 times) On average 1 in 4 recipients open the e-newsletter and over 60% visit the website once opened.

Our newsletters are sent monthly to our contact list (see below) and contain links to download the Directory and the latest News from our website. We also know by using MailChimp email tracking software that in addition to our 700+ contacts our newsletter is forwarded to approximately 200 more people each month (usually via housing officers & PCT workers)

Going Home Guide The Going Home Guide was developed in December 2009 in collaboration with Hospital Discharge Workers. The idea of the Going Home Guide was that it was given to everybody over the age of 60 that was discharged from hospital. We do not know the exact figures as yet but are awaiting a number form the Hospital workers.

Promotions • 10,000 Flyers Distributed • 5,000 Taggits Distributed • 500 Flyers distributed on Leeds Access buses. • Articles in Leeds Older People’s Forum, ALMO Newsletters, Infostore, Neighbourhood Network Newsletters and more (estimate that articles have been printed at least 5,000 times – based on distribution networks of these organisations)

Contact List – 717 members (up 19% from handover) Our contact list is made up of Social Workers, Neighbourhood Networks, Housing Association employees, Hospital workers, GP surgeries & more.

Providers Quality Assured Providers – 45 Non-QA Providers – 7

‘N/A’ Providers listed - 68 (where QA is not applicable - high street retailers, meal delivery services and information & support service)

Page 27 Appendix 2

Extras

968 – The number of times we have distributed the Fire Service Home Safety campaign (printed in our Directory and Service Leaflets)

In our leaflets, directories and ‘going home guides’ and online the following additional information has been printed: • Leeds Benefit Service • FirstStop Care Advice • DisabledGo • Age Concern • Neighbourhood Networks • Bogus Callers Campaign • Care & Repair Services • Infostore • Leeds Older People’s Forum • CASAC • Care Ring Alarm Call Service

In addition to this information being present in our printed outputs, details on the above services have also been given to our clients via the Helpline.

Quotes The following quotes have been received from Neighbourhood Networks and Social Care Workers about the Keeping House Directory.

“It is now much easier to be able to give a member a sheet of recommended services rather than having to wade through the list ourselves and them type it out. Keep up the good work” “Our service users have said they find it much easier as they have a list of the specific thing they want rather than ploughing through the whole list for - say a cleaner.”

“I think you’ve made the site better and taken on board having different lists for different areas of Leeds. I used to have to look through the whole list to find providers for south Leeds or Leeds 11 area. It’s easier for me to find and easier for me to give information to our service users” “I have been very happy with the overall service provided by Keeping House. It is a valuable tool and I have referred to it on many occasions.”

“What a great resource for not only the public but for me as a social work assistant. I have used a number of providers listed to help my clients meet specific needs that help improve their lives and homes in the community. .”

“I found the directory very useful in finding dirt-cleaning providers in order to help a client who was living in terrible squalor. He was very happy with the service he received and much relieved to tackle the main issue that was depressing him during his period of self-neglect. I have offered your directory to a number of clients who have found it very useful for finding decent services that offer help that enables them to sort things out for themselves independently away from what they often feel is an imposition or intrusion by Social Services.”

Page 28 Appendix 2

“Keeping House has become a useful tool for me in terms of engaging vulnerable adults who may be experiencing difficulties but desire more control in their own lives when they envisage moving on from their point of crises towards being able to fully conduct their own personal affairs.”

Monitoring our Success

• We are able to use computer software to record, monitor and analyse our incoming calls & emails, website visits and newsletter responses.

• We regularly engage in contact with front line staff (such as neighbourhood networks) to get feedback on our service.

• We have so far hosted 6 forums across the City where we have had the opportunity to talk to our clients (approximately 25 per forum) about the service we provide and get feedback on our current service and future ideas.

• When piloting and testing our website we invited approximately 50 people from a cross section of users to participate and offer feedback

• Our current feedback calls are providing us with an opportunity to speak to clients about how they have found the information we have provided, whether they have decided to use a service and, in order to collate ‘star ratings’ what they thought of the service provider they have received.

• In the coming weeks we will be sending a client satisfaction survey to all of our previous clients so we are able to gain feedback about the service we provide ourselves.

Statistics & Feedback for Quarter 3 2009-10 for Neighbourhood Network Schemes (36 Schemes responding)

Total no of people who Type of individual support received the service Befriending 1,012 Bereavement Support 172 Carers Support 471 Form Filling / Letter Writing 379 Home from Hospital 131 Hospital / GP / Outpatient 120 Housing Advice 196 Shopping 678 Telephone Links 9,429 Other support 4,902

Total no of people who Type of individual support received the service D.I.Y. / Odd Jobs 349 Decorating 47 Energy / Fuel / Insulation Advice 882 Fire / Carbon Monoxide Detectors 701 Gardening 606 Security / Smoke Alarms 1,137 Winter Warmth 3,175 Other 282

Page 29 Appendix 2

Type of Advice / Information / Total no. of people who Signposting received signposting Enquiry about the work of NNS 1,287 Gardening Enquiry 231 General Advice 2,944 Home Security 448 Housing Benefits 126 Luncheon Clubs 312 Meals on Wheels 82 Membership Enquiry 408 Social Activity 3,574 Traders List Enquiry 403 Utility Enquiry 68 Welfare Rights 301 Other 1,151

Page 30 Agenda Item 9

Originators: Dennis Holmes

Tel:74959

Report of the Director of Adult Social Services

Executive Board

Date: 22 June 2010

Subject: Leeds Safeguarding Adult Partnership Board report 2009/10.

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In ü (Details contained in the report)

Executive Summary

This report introduces Members of the Executive Board to the annual report for 2009/10 of the Leeds Safeguarding Adults Partnership Board. The Annual report provides information on how all agencies with responsibilities in relation to safeguarding adults, under the leadership of the Director of Adult Social Services, have built on the proposals contained in the first and second annual reports of the partnership (last presented to the Executive Board in July 2009). The report is included at Appendix 1 with Board Members’ copies of the agenda only, however copies can be obtained from the clerk named on the front of the agenda sheet. The Annual Report will be available to access at www.leedsafeguardingadults.gov.uk following this Board meeting.

The report is able to evidence greater effectiveness arising out of the revised governance arrangements of the Board. The report is able to demonstrate the attendance and commitment of senior officers from all partnership organizations, the active involvement of citizen representation and the progress achieved by the sub-groups which support the work of the board.

Also highlighted is the successful development of the infrastructure support to both the Board and the wider partnership. This development is evidenced by the greater proportion of appropriate outcomes in safeguarding enquiries facilitated by better access to specialist training across the partnership and access to the expertise of the Safeguarding Partnership Unit. The report details the significant achievements of the previous year including the conclusion of two serious case reviews, the incorporation of learning from those reviews into both procedures and workforce development right across the partnership.

Finally, the report contains more detailed information on the direct work undertaken in 2009/10 by officers within the wider partnership and adult social care with significantly greater numbers of people who were referred because of their need to be safeguarded or otherwise protected from harm. The information presented is better recorded and as a consequence, more accurately represents the amount of safeguarding work generated. Page 31

The report concludes by setting out the detailed work programme for the Board in 2010/11.

1.0 Purpose of Report.

1.1 This report introduces the third annual report of the Leeds Safeguarding Adults Partership Board, as in previous years, the report seeks the agreement of the Board to adopt the content of the annual report and to approve the workplan of the Board for the 2010/11 performance year. Although the Board does not have the same statutory framework as that designated for Safeguarding Children Boards, the formal recognition of the work of Adult Boards is a national priority for central government and the Health and Social Care regulator, the Care Quality Commission.

2. Background

2.1 Members of the Executive Board were presented with the second annual report of the Leeds Safeguarding Adults Board in July 2009. That report set out activity which had taken place in the previous year to establish steps that would need to be taken to reinforce the safeguarding partnership, augment the infrastructure supporting it and to drive up standards of safeguarding practice in front line services within all partner organisations.

2.2 The outcome of the Independence Wellbeing and Choice inspection of adult social care services was reported to the Executive Board in December 2008. That report drew attention to areas of deficiency in both the strategic oversight of safeguarding and the quality of practice identified within the casework which had been under inspection. The previous annual report underlined progress that had been made towards improving safeguarding standards in the City and paving the way for further improvements in the 2009/10 performance year.

2.3 As set out in the priorities for action in the 2009/10 report regular accountability meetings have taken place between the Board Chair and the Director of Adult Social Services, the Executive Lead Member, the Adult Social Care Scrutiny Board and, significantly, within the governance structures of the statutory partners.

3. Main Issues

3.1.1 The attached Annual report sets out that there has, for the second year running, been a significant increase in the number of referrals made into the Leeds Safeguarding Adult Partnership during 2009/10. This reflects a significantly increased awareness of vulnerable adult issues and understanding of the need to safeguard adults through the revised multi- agency procedures.

3.1.2 This trend is associated with the range of measures introduced during 2009/10 that include training and workforce development programmes, investment and deployment of specialist practitioner posts, communication initiatives alongside commitment across the whole partnership to increased ownership of Safeguarding responsibilities.

3.1.3 The annual report which is also presented today sets out this activity for the 2009/10 year, the report also sets out the prospective activity planned for 20010/11 (for both the Board and its sub-groups) The increasing number of referrals and the changing profile of the outcomes for those referrals now reflect significantly more appropriate responses to safeguarding concerns by all agencies.

3.1.4 It is of note that referrals from Housing providers have seen the most significant referral rate indicating an increased and active engagement within the revised partnership arrangements. The referrals received from NHS staff continues to increase proportionally year on year and similar trends apply to both the Police and social care staff in provided services..

3.1.5 For the first time, the report is able to set out the work of the sub-groups of the Board. The groups, having been established early in 2009, are now established, chaired by professionals Page 32 from across the partnership and reporting their work to each meeting of the Board, have established themselves as the focus of developing policy, practice, assuring performance and developing the workforce.

3.1.6 Finally, the report deals with the success against the targets contained in the second annual report of the Board and outlines the various national safeguarding developments occurring during 2009/10. The report concludes buy setting out the priorities for the Board for the 2010/11 performance year.

3.7 Since June 2008, the Board has been chaired by the Deputy Director (Strategic Commissioning) within a separate accountability agreement to the Director of Adult Social Services. All the Board initiatives set out in the attached report continue to have been put into place under this arrangement, The intention was made plain in the previous report to appoint an independent Chair for the commencement of the 2010/11 performance year. A recruitment process conducted in the latter part of 2009 failed to identify a suitable candidate and is currently being repeated.

3.8 All the information contained in the report and the activity that has taken place in 2009/10 have been reported back to the Commission for Social Care Inspection, the Adult Social Care Scrutiny Board and the governance structures of the safeguarding partners. Against the criteria used by the Care Quality Commission Adult Social Services have advised CQC that they now regard performance as being ‘good’ and therefore having demonstrated improvement over the judgment for 2008/09. The CQC will provide their formal definitive response to this self assessment in November.

4.0 Policy and Governance Implications

4.1 The Board has agreed to keep all the governance arrangements set out in the ‘Memorandum of Understanding’ under review during the current performance year, adjustments to the constitution will be made in order to address any anomalies or deficiencies. This is particularly important in the light of the likelihood of further guidance emerging for Local safeguarding Partnerships as a consequence of the outcome of the previous Government review of the 2000 ‘No Secrets’ framework, responding quickly to address any new requirements will be important.

5. Legal & Resource Implications

5.1 The legal implications relate to a significant array of legislation in relation to offences against the person, guidance in relation to Care Standards, the implementation of specific guidance in relation to Adult Safeguarding, Dignity in Care.

5.2 For the coming performance year, the Board has agreed that the local arrangements to implement all the requirements of the 2004 Mental Capacity Act and the associated Deprivation of Liberty requirements are to be brought under the governance structures of the Safeguarding Partnership Board, this reflects both national best practice and policy guidance.

5.3 The resource implications of the new arrangements are set out in the annual report, however, in summary, Adult Social Care, as part of the 2009/10 budget setting process, identified a total investment package of £878K to support and augment front-line practitioners. An element of this investment has been used to ensure that the overall partnership has an effective infrastructure which is able to support safeguarding activity across the wider partnership.

5.4 Elements of this investment are being offset by contributions from partners, where appropriate as income (in the case of NHS Leeds for example) or in terms of time devoted by officers to supporting the work of the partnership (in the case of the West Yorkshire Police, for example).

5.5 The elements of contribution will remain under review and will continue to be reported through the annual report. Page 33

6. Conclusions

6.1 Safeguarding Adults, especially vulnerable adults in Leeds is now more firmly established as being everybody’s business. In the publication of the third annual report of the Safeguarding Adults Partnership Board, Members of the Executive Board continue to be provided with evidence that the both the system, practice and outcomes for people in need of Safeguarding is kept under close and regular review.

6.2 Members will wish to be assured that the practical as well as strategic requirements of this approach are well understood and implemented by key staff from across the safeguarding partnership and, increasingly, by the wider public. Further, this report seeks to provide assurance that that all the partners have committed to a programme designed to achieve excellence in Safeguarding practice in Leeds. The annual report and workplan for 2009/10 set out the practical steps to be taken in helping to achieve that goal in the coming year.

6.3 In support of the crucial role played by the Local Authority in ensuring the safety of it’s citizens, Members of the Adult Social Care Scrutiny Board have continued to retain a close interest in the development of these arrangements, their support and interest has been been both important and welcome. In continuance of this overview, the Adult Social Care Scrutiny Board has requested six-monthly reports in relation to the performance of safeguarding in the City in the coming year.

7.0 Recommendation

7.1 Members of the Executive Board are requested to note the content of the attached 2009/10 annual report and endorse the work programme of the Adult Safeguarding Partnership Board for 2010/11.

Background Documents referred to in this Report

Leeds Safeguarding Adults Partnership Board – Annual Report 2009/10

Page 34 Agenda Item 10

Originator: John Malone

Tel: 277300

NotNot for for Publication Publication: : Under Access to Information Procedural Rule 10.4(3) - Appendix 2 Only

Report of: The Director of Adult Social Care, The Interim Director of Children’s Services and The Director of Resources

Executive Board

Date: 22 June 2010

Subject: Social Care Systems Review

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

ü (Details contained in the report)

EXECUTIVE SUMMARY

One of the key priorities for the Council is to provide excellent Adult and Children’s Social Care Services to meet the needs of vulnerable adults and young people in Leeds. To ensure that we have the best processes and systems to support skilled workers operating best practice an independent review of those systems was undertaken.

This report outlines proposals for improvements to these information systems with associated business changes in Adults (ASC) and Children & Young Peoples Social Care (CYPSC) following the review which, at that time, concluded that the existing systems were not “fit for purpose”

Since the review, and in response to the recent Children’s Safeguarding inspection, work has been carried out to improve the usability of the current ESCR system and address some of the functionality gaps. These improvements have made a difference to specific areas of functionality and have been well received by front line staff and managers. In order to support and enable the necessary business changes to move Adults and Children’s from their current position towards an appropriate level there is a need to accelerate this pace of development to provide much improved, intuitive and efficient information systems.

This report outlines proposals for a programme of work aimed at developing systems and processes that support best practice within social care and facilitate Leeds City Council to move from where we are now, to providing excellent social care across Leeds. Page 35

The proposed programme of work is in three phases and sets out to firstly address immediate issues with the existing information systems and associated business processes. The developments made to the existing system and changes to working practices and processes will enable essential and urgent service improvements to be delivered immediately. It also provides the capability to start to deliver essential ongoing efficiency benefits. The second phase will then be to fully embed these first stage best practice and process improvements, build the capacity to improve services further and support the drive towards good and then excellent performance levels. The third phase will be to define and deliver options to implement more modern fit for purpose solutions that will support the Council in meeting the ongoing and future challenges it faces in providing excellent Social Care services in Leeds.

The phased approach outlined in this report recognises the challenges of delivering change to an organisation where key elements of its performance are low. The risk, both in terms of probability and negative impact to service provision by trying to implement such a significant change in one single stage is extremely high. Given that these systems & processes are key to the work to support and safeguard the most disadvantaged members of society, that risk is considered too high. The design of the programme is therefore to deliver a step change through the development of the existing system that then provides the supporting platform for the first stage business process changes to be made. This then provides the stability and capacity for further changes to be delivered in a more effective and timely way. It also significantly reduces the risks and ultimately delivers a more sustainable solution with people process and technology working together to best effect.

1.0 Purpose Of This Report

1.1 This report outlines proposals for the identification, evaluation, development and implementation of new social care business solutions. These solutions are aimed at radically improving the access, assessment, commissioning, provision, management and monitoring of Social Care within Leeds. To ensure the success of these proposals they also incorporate necessary people and process changes.

1.2 To initiate the first stage of these proposals, this report seeks approval to incur expenditure as detailed in Confidential Appendix 2 from the provisional funding currently set aside in the councils capital programme. This investment is to develop the existing ESCR system, and more importantly the changes in business processes and the way people work, to meet immediate improvement demands and deliver essential business changes in the medium term. It is also to provide resources to develop detailed business requirements, business case and options appraisal for the longer term solution.

1.3 A subsequent report and business case will be brought back to the Executive Board at a later date with an update on progress and recommended options for the next phase of improvements.

2.0 Background Information

2.1 History Of Social Care Systems In LCC 2.2 Social care departments deal with the most vulnerable people in society, carry considerable safe-guarding responsibilities and spend a sizeable portion of a council’s budget. For these reasons it is important that social care functions use consistent, proven practices, which can be effectively monitored and audited. They also need to provide immediate access to accurate, up-to-date information. Ongoing development of the national agendas for social care continues to drive transformation and presents a range of challenges for local government to deliver the national agenda. Effective social care information systems are a vital element of this equation and need to support social care operational delivery, business management, and effective decision making.

Page 36 Both Adult and Children & Young People’s Social Care services within Leeds City Council (LCC) are currently supported by a bespoke Siebel based system (ESCR), implemented from 2003 onwards. ESCR is supported by a number of additional systems that collectively aim to meet the information needs of social care including: analytics reporting, ESCR financials and a range of bespoke databases and small scale applications. Since the decision was taken by the Council to develop its own ESCR system, there have been significant changes in the direction of social care, mostly as a result of central government directives. This has included a re-organisation that splits social care provision within LCC into two separate and distinct directorates. These changes have had inevitable implications for IT systems supporting those now-separated social care services within the Council. In addition central government has initiated changes it wanted to see in the provision of social care by local authorities. One recent change was the introduction of the integrated children’s system which all authorities were expected to comply with. These changes required substantial development of social care systems and many 3 rd party system suppliers struggled to meet the requirements. This situation was exasperated in Leeds as not only was there a need to understand the implications of the changes required and then develop the appropriate solutions, but this had to be done in relative isolation from other suppliers and authorities. A considerable amount of time and effort was spent by all suppliers before requirements were ultimately changed. In this case, with the requirements developed in house, the full burden of this largely wasted effort fell onto Leeds rather than being shared across many authorities. Currently there are over 1500 users across ASC and CYPSC recording details of: • 15,000 active service users • 6,000 referrals per month • 2,000 assessments per month • 80,000 activities per month

In September 2009 a report 1 was presented to the Joint Social Care Services Board, chaired by the respective Directors of ASC and CYPSC, containing findings from a review carried out by independent consultants PA. The review highlighted some key shortcomings in the functionality of the existing system, its lack of consistent use across all business areas and issues as to how it was supported and developed. The report concluded that at that time the system was not fit for purpose.

The board agreed a mandate to investigate and develop business case options to consider replacement solutions including the associated business changes. e.g. A move to consistent processes based on best practice.

2.3 Conclusions From Review and Need to Change 2.3.1 There are two key issues identified in the review in relation to the system itself: 1. Usability : Front line workers and mangers find it difficult to navigate around the system and in many cases staff are unsure where certain information should be entered. The system is not intuitive enough and there is a need for a relatively high level of experience and knowledge of the system to be able to use it effectively. The system does not naturally lead the user through the process or validate correct data entry.

Risk/Issues: The recording and management of information is inefficient resulting in front line staff spending too much time entering data onto the system. Time is also lost retrieving relevant information across the system. There is also a risk that key information could be missed, either its not there or not easily accessible, that leaves a gap in the single view of the service user. Valuable data is not always captured in a consistent manner leading to the risk that decisions are delayed whilst a full picture can be gathered from other sources. More importantly there are major issues with the overall quality of data in core information systems. Page 37

2. Functionality : There are key areas where the full capability of the system has not kept up with current best practice and ways of working. In many areas, where there are functionality gaps, manual work processes are in place which can often be inconsistent and inefficient. In addition, where information needs to be recorded, and the functionality is not present, this has lead to a plethora of disparate spreadsheets and databases being developed to fill the gap.

Risk/Issue: There is a risk that inconsistent usage of core information systems across all areas can result in an incomplete picture of client cases in a single view/source. This can lead to gaps in essential data required to support key decisions. A risk highlighted in the recent inspection. In addition there are considerable inefficiencies in maintaining manual processes and recording of duplicate data in many disparate systems. Collecting client data in these disparate systems presents risks and overheads in maintaining the security of potentially sensitive data. There is also a significant cost implication to support and maintaining so many disparate systems.

The following table represents an assessment of ESCR functionality (Sept 2009) compared with other leading commercial products in the social care market.

Interface with Interface corporate finance Referral, assessment andassessment Referral, care adoption, CPand carersfoster ESCR, ICS, SAPESCR, ICS, e-formsand including foster LCC carers Children’s services – LAC, LAC, – Children’sservices Alerts, risks, incidents incidents and Alerts,risks, assessment chargingandassessment Non-residential payments chargingandassessment Case note Case recording and and Workflow case-work Non-residentialfinancial Contract Contract management Residentialpayments Reporting lettersand Budget management Residentialfinancial Integrated working Service recordingService safeguarding chronologies Complaints monitoring Transition planning system

LCC ESCR system/s 61 31 68 18 56 40 30 35 66 56 51 60 47 16 29 44 50 40 % % % % % % % % % % % % % % % % % % Overall fit = 48%

Top commercial products 86 75 78 86 88 86 88 89 % % % % % % % % Overall fit >90%

>90% 75-90% 60-75% 45-60% 30-45% <30% fulfilled fulfilled fulfilled fulfilled fulfilled fulfilled

2.3.2 In addition there were a number of issues identified in the way the existing system was supported and developed.

1. Pace of Change and Strategic Fit: Social Care requirements have and will continue to be under a state of constant change. This presents significant challenges to local authorities, especially in recent years, to meet the demands to support the national agenda to transform social care. To meet these demands requires continuous development of best practice, processes and systems. Although significant improvements have been made to the existing system since the review and subsequent inspections, there are still significant challenges in our ability to respond quickly to the changes required. Recent inspections have identified limitations in our ability to provide a single, up to date and accurate view of a child’s, adult’s and family’s social care needs within a complete electronic social care record.

Risk/Issue: The effective development of an in-house system needs to be business led, supported by clear and tangible requirements. Historically this has not happened in Social Care and as such the speed and agility of the Council to keep up with the pace of change required to deliver modern social care services is an issue. The move towards an even more holistic view across health, integrated children’s Page 38 services, families and neighbourhoods will add to this challenge. There is a significant risk that without the appropriate investment and effort in new solutions with an associated level of ongoing support and development, Leeds will be constantly behind the pace of change.

2. Developing In House Systems: Although the system has supported the delivery of social care for the last seven years the effort and cost to try and keep up with the pace of change with the current organisational arrangements has been relatively high. Whilst an in house system does provide some flexibility to meet our own local priorities it does mean this effort and risk is born solely by Leeds City Council.

Risk/Issue: As well as the effort of developing systems in house there are risks to the council in Leeds doing this in isolation to other authorities, suppliers and partners. For example the Integrated Children’s System initiative from Department For Children, Schools and Families (DCSF) the Council invested up to a years worth of resources in developing a solution. This was lost when the government reversed their approach to compliance. External suppliers are better positioned and commercially oriented to shoulder the uncertainties of continuing system development, whilst their customers (e.g. LCC and other authorities) benefit from the economies of scale that a large user base affords to the development funding. In order to develop new capabilities an investment of time is required by Social Care practitioners to develop the detailed business requirements. This resource is often difficult to free up. Most third party systems mitigate from this risk as they are based on good practice processes that Social Care professionals must then follow. However, some are also configurable and therefore, this risk may still apply.

2.4 Additional Drivers For Change 2.4.1 Recent inspections have highlighted the need for improved information systems to support, record and monitor best practice processes. It is essential that care workers and their managers have the most complete and accurate view of the service user when making critical life changing decisions. 2.4.2 This highly accurate view is especially critical to ensure the safeguarding of vulnerable adults and children. The recent improvement notice, issued by the DCSF , in relation to the safeguarding of children in Leeds 2, focuses on the need for LCC to be able address issues, and deliver improvements in a more timely manner. In particular information systems need to be able to support changes to best practices and procedures and not constrain them. 2.4.3 Government led initiatives are driving through changes to transform social care provision across both Adult Social Care (Putting People First 3 and Valuing People Now 4) and Children’s and Young Persons Social Care (Every Child Matters 5). The management, delivery and monitoring of more personalised services presents challenging and more complex requirements. It is essential that effective and efficient information systems are provided to support these new ways of working and in doing so ensure that social worker’s time spent updating systems is kept to the required minimum 2.4.4 Ongoing demographic research has shown that nationally there is a continuing increase in demand for social care services. Alongside this increase in demand there is also likely to be a decrease in funding as a result of public spending restraints. Therefore, in attempting to mitigate any negative impact on services, all authorities will have to make savings and efficiencies in the way they and their partners provide services. More effective ways of working and efficient processes supported by modern fit for purpose systems will be a key element to meet the challenges of reducing costs whilst meeting increased demand. 2.4.5 There is an ever increasing need to better understand customer needs and how these change and affect potential future demand on the Council Services. This insight can only be informed through the accurate capture, effective management and analysis of information held in our systems.

Page 39 2.4.6 Currently there are inefficiencies in the existing systems to provide accurate and up to date financial management information. Information is held on a number of disparate sources including ESCR, databases and spreadsheets. To provide a complete financial picture takes significant resources and time to extract and analyse this data. More effective single source systems will provide more accurate, up to date information and present this in formats that can be quickly interpreted and acted upon.

3.0 What Needs To Change

3.1 More intuitive, easy to use information systems are required, that provide the capability and functionality to manage the delivery and ongoing development of services and improve the efficiency of social care professionals.

3.2 Addressing the functionality gaps will provide the platform to meet the wider information systems requirements and remove the need for disparate spreadsheets and databases. The use of so many additional applications presents risks to the council both in relation to the integrity and security of information, inefficiencies and more importantly a dislocation of the critical client information There is no single and complete view of the service user or how service is provisioned i.e. a single electronic care record. This is a significant weakness identified in terms of safeguarding inspections.

3.3 Since the review was carried out a number of improvements have been made to the existing system and the gap in functionality is closing. Appendix 4 shows the impact this has had on social care practice in CYPSC. It has been accepted however that, alongside functionality enhancements, there needs to be significant improvements in the way operational staff exploit their information systems, follow best practices and consistent and efficient business process. The costs outlined in the business case include activities to deliver these necessary changes.

3.4 A shift in the culture of people also needs to take place in relation to how we value, capture and use, information to ensure this is intrinsic to social work activity. Recent inspections have highlighted the need to provide effective tools and management systems, to front line staff, to ensure decisions are based on accurate and up to date information. Along side this the processes developed to support best practice require system functionality to simplify the recording of data and strengthen compliance through consistent and validated processes.

3.5 Information also needs to be valued to provide essential business intelligence in relation to how effective service provision has been in improving outcomes for service users. This intelligence is also required to manage performance, ensure the effective use of resources and inform policy decisions and strategies for the future shape of social care in Leeds. Recent developments have provided very effective analytical tools and dashboard views for managers. However significant improvements need to be made to the quality of data within the systems to ensure this intelligence is founded on accurate and complete information.

3.6 Both ASC and CYPSC referrals have been increasing in recent years and are projected to continue to increase in the future. Although funding for social care services has been increased for 2010/11 it is unlikely that the council can sustain these increases indefinitely. The realisation of the benefits and efficiency savings in providing far more effective and efficient solutions and thereby releasing more social worker time will be a critical element in meeting these increased demands.

3.7 In assessing options a key issue is that the pace of change in social care is considerable and the speed at which the council needs to react to these changes both legislation and service demands is a significant challenge. Moving to a 3 rd party supported solution provides opportunities to share some of this effort, risk and expense with other local authorities using the same solution.

Page 40

4.0 Conclusion

4.1 The existing system has been in place since 2003 and has been supporting the provision of social care for a number of years. However with more recent increases in the pace of change required the council has struggled to keep up in providing adequate systems to support it. Most 3 rd party solutions mitigate against this with regular upgrades to their products.

4.2 Recent developments have shown that the identified functionality gaps can be successfully met with the existing system. However, this needs to be supported by a significant amount of business change. Therefore, there is a funding requirement to accelerate these business changes and to develop the supporting technical solutions.

4.3 There is an immediate requirement to change the organizational arrangements that support future development of new business solutions in Social Care. This is regardless of which option is chosen.

4.4 Failure to address the required organisational arrangements prior to the implementation of revised systems represents a significant, short term and long term, risk to social care performance and therefore the Council.

5.0 Programme Approach

5.1 A programme of work has been designed to support and enable Leeds City Council to transform its Social Care services and ultimately move from the current levels of performance to outstanding/excellent levels. This is a major, 2-3 year, programme of work a significant part of which is to provide modern fit for purpose information systems and solutions across ASC and CYPSC. 5.2 The proposed approach is designed in a number of phases to ensure Leeds City Council meets its immediate requirements to improve, whilst also looking at best solutions to enable future demands to be met. The phasing of the programme also ensures an appropriate level of rigour and timing around key decisions to be made both in terms of financial investment and strategic direction.

There are three key phases: 1. Developments to existing system and immediate business changes 2. Delivery of service performance improvements and review 3. Implementation of new solutions and associated long term business changes

5.3 Phase One: Development of Existing System

5.3.1 The existing ESCR system will be developed to meet essential requirements to enable both ASC and CYPSC to meet the immediate transformation agenda and also future legislative changes in the next 18-24 months. Many of the required changes will not wait until a new system is in place. Appendix 3 details the key areas of development proposed in each service.

5.3.2 In addition to system enhancements a substantial part of the business and cultural aspirations of the programme will be initiated and delivered in this stage. This will ensure a smoother transition through the complexities of vastly different processes and system functionality. This approach will also enable a number of benefits to be realised ahead of implementing the new solution

Page 41 5.3.3 It is essential that the performance of the service is at a level that can provide the capacity to implement these effectively and can cope with the impact of changes without any significant or unplanned drop in performance. The developments and associated business changes will enable the service to improve its performance ahead of any migration to the new solution.

5.3.4 A major part of the implementation of a new solution will be the migration of the data and information contained in the existing system. The proposed developments to the existing system will ensure information is captured more accurately and completely. Activities will then be initiated to cleanse existing data to ensure the quality of data is to an acceptable standard prior to its migration to a new solution. Given the number of records and activities on the current system, failure to clean up this data will not only add significantly to the effort and cost required to migrate but could also limit the effectiveness of any replacement solution.

5.3.5 Assessments will be made as to the level of ICT skills held by front line staff and strategies developed and implemented to enhance appropriate skills where necessary to required levels to ensure the functional capabilities of any new solutions can be fully optimised.

5.3.6 The estimated costs associated with this phase include the provision for: ••• hardware, software and technical capacity to develop the capability outlined in Appendix 3 ••• data cleansing and matching activity to address immediate data issues and prepare data for migration to new solution ••• staffing resources to deliver the essential business changes

5.4 Phase Two: Delivery Of Service Performance Improvements and Review

5.4.1 The first phase implementation of business changes to best practice and consistent processes supported by key developments to the existing system will enable the services to deliver immediate service improvement priorities. The developments will also enable the efficiency benefits outlined in Appendix 1 to start to be delivered.

5.4.2 The second phase is to fully embed these best practices and focus on improving performance of all social care services to good levels.

5.4.3 During this stage the impact of the changes will be assessed both to inform next stage options and solutions as well as to assess the capability and capacity to implement new solutions. Detailed business requirements will be identified in this phase to fully inform options to source the best solution. These will also form the basis of any tender specification.

5.4.4 A report and associated business case will be brought back outlining recommendations for the next phase in the Autumn 2010. The staffing costs associated with this phase are approximately £150k to produce the detailed business requirements, business case and options appraisal.

5.5 Phase Three: Implementation Of Replacement Solution

5.5.1 Implementation of new solutions that fully meet immediate and future business requirements. Appendix 2 gives high level indicative costs of a full replacement of existing systems with a 3 rd party solution. These costs are worse case scenario and for information only and could reduce significantly depending on the impact of phases 1 and 2.

5.5.2 Implement a second phase of business change, supported by the enhanced functionality provided by the new solution, to enable the council to deliver excellent social care services.

Page 42 6.0 Timescales

Formal gateways and decision points have been built into the phases of the programme to ensure a rigorous process is in place to make the right decisions at the appropriate level at each key stage.

• Approval to develop existing systems and implement associated business changes – June 2010 • Existing ESCR development and implementation - July 2010 to March 2011 • Replacement solution Options Report and Business Case to Exec Board for approval – October/November 2010 • If required, procurement process for replacement solution – December 2010 to May/June 2011 • If appropriate, approval for contract with preferred 3 rd party supplier – June 2011 • Implementation of replacement solution – July 2011 to June 2012

7.0 Implications For Council Policy And Governance

7.1 The outcomes this programme aims to deliver are a key element in meeting the Council’s key strategic outcomes to improve the health and well being of people in Leeds. In particular it’s intentions to support the safeguarding and delivery of effective care and support to the elderly, young and most vulnerable citizens.

7.2 Providing accurate and up to date business intelligence and financial management information is a critical element of the council’s financial strategy in meeting the immediate financial planning and management challenges facing social care services.

7.3 Each phase of the programme will move nearer the end goal of a true and complete electronic care record. This capability alongside the use of electronic forms will significantly reduce the volume of paper forms and records that need to be retained. In providing a full view of the case electronically also enables truly effective mobile working. This will, in line with the council’s changing the workplace strategies, significantly reduce the need for office space and travelling requirements of social workers.

8.0 Legal And Resource Implications

8.1 A key factor in ensuring the success of this programme is the establishment of a team made up of appropriately skilled and knowledgeable staff. The staff resource costs detailed in Appendix 2 include costs for the backfilling of staff posts to ensure the impact on front line service provision is minimised when utilising operational staff in this way.

8.2 It is proposed that the requested funding for the work detailed in this report to be provided from provision within the Council’s existing capital programme.

8.3 The costs detailed in Appendix 2 are deemed as confidential and exempt under Access to Information Procedure Rule 10.4 (3) as it contains information relating to the business and financial affairs of the Council. It is felt that if this is disclosed this would, or would be likely to, prejudice the commercial interest of the Council in securing best value for money solutions in the future.

8.4 There are no specific legal implications to consider within Phase 1 or 2 of the programme. If recommendations are made and approval given in later phases to procure a third party solution this activity would be carried out within the Council’s Procurement and Contracts Procedure Rules

Page 43 9.0 Conclusions

9.1 The improvements to information systems and associated business processes is a key supporting element in the Councils strategy to transform social care and deliver improved services more efficiently.

9.2 The developments are also an essential component in delivering the Children’s Improvement plan and meet key milestones under the Improvement Notice issued by the Department For Children, Schools and Families.

10.0 Recommendations

10.1 Approval be given to incur expenditure as detailed in Appendix 2 to develop the existing information systems (ESCR) and implement the associated business changes required to support the service improvement and transformational plans in Social Care as outlined in this report.

10.2 Approve the staffing resource costs to produce further reports and associated business cases for Exec Board approval for the development and implementation of replacement business solutions to meet ongoing and future demands.

Background Papers

1 Independent Review of Social Care Information Systems - PA Report Sept 2009 (please note parts of this report are classed as exempt from publication Under Access to Information Procedural Rule 10.4(3) )

2 Inspection of Safeguarding and Looked After Children Services – Ofsted Jan 2010

3 Putting People First – Department of Health 2007

4 Valuing People Now – Department of Health 2009

5 Every Child Matters - Department For Children, Schools and Families 2003

Page 44 Appendix 1 – High Level Benefits

No Cashable / Category of Benefit Description Benefit Non- Benefit Impact Cashable SC1 Efficiency Data Entry & Usage: As data will only need to be input once and with automatic replication across all forms thus ensuring that Effectiveness data input errors are minimised and that the information becomes accessible in a timely manner. Additionally, because information is stored in an on-line, central and collaborative environment, more people will have access and review rights to the data thus reducing the chances of errors and omissions. SC2 Efficiency Improved decision making: as a complete set of information is and available. All information, including case notes, is available Effectiveness straight-away when picking up an absent colleague’s case. Relationships are easily visible. Monitoring of the achievement of outcomes is enabled and provision of a complete view of a service user and the Council’s interactions with them. SC3 Efficiency Processes: business process will be standardised which will and ensure that the processes for each client are consistent for Effectiveness service quality across the operation and can easily be picked up by another social worker, should the allocated social worker be unavailable, thus reducing risk to the client and delivering a better service. Standardised business processes allow easy tracking of progress of a case, facilitate the training of social workers, enable simpler and more accurate calculation of key performance indicators, appropriate authorisations and supporting business intelligence. The processes will be workflow driven allowing for the implementation of alerts when tasks should be activated, ensuring that no tasks are forgotten amidst a very busy case load. [Devon County Council estimated £1million in efficiency savings (OLM Case Study), as well as time savings when completing overview assessments (44 minutes saved), completing a care plan (12 minutes saved) and undertaking case recording (8 minutes saved).] SC4 Efficiency Reduced Administration Costs: time is saved by and administration staff locating, printing, delivering, collecting, Effectiveness consolidating and filing client information. Administration staff will be able to spend more time supporting social workers. Additionally, agency staff, if used by the council, will not be required to any data any more. A reduction in storage of paper e.g. case files and paper costs is anticipated as information becomes increasingly available electronically. This also leads to the ability to operate a paperless office. CoreLogic estimate that the social work administrative budget could be reduced by 50% over time. [Stockport City Council estimate a saving of £250 000 as a result of the decrease in the amount of paper used and stored due to the implementation of an Adult and Children’s Social Care system (OLM quote).] SC5 Management Management Information: due to a higher level of data information integrity and data availability, business intelligence and and reporting management across all levels in the organisation is improved. This includes: team managers having sufficient information to manage their team’s caseloads; senior managers able to analyse performance across the teams, activity areas and business as a whole; statutory returns at the press of a button from within a single system; full reporting of spend and forecast across client groups, teams and providers.

Page 45 SC6 Management Integration with Financial Systems: best practice guidance information indicates integrating social care activity with financial record and reporting management to enable the departments to stay on budget and track financial commitments associated with social care work. This integration will streamline the budgeting process and increase financial control and supply a full financial audit trail. Portsmouth City Council used to have seven people raising invoices – this process is now fully automated (Northgate marketing case study). [London Borough of Wandsworth estimates that it has saved up to £100k in equipment as a result of having an integrated financial system (CoreLogic).] SC7 Compliance Improved Compliance: improved compliance with national requirements and accommodation of changing national agendas , including Adult Transformation and the Single Assessment Process (SAP). SC8 Compliance Fraud and error: increased fraud and error prevention by improving visibility into duplicative and suspicious requests. Improved analysis of potential fraud. SC9 Compliance Audit Trail: a full audit trail of all activities per client ensures that activities can be tracked and evidenced. This helps and reduces statutory intervention. SC10 Compliance Data Protection: a secure model to support information sharing protocols facilitates and enables partnership working with external agencies and other public sector organisation. SC11 Social Data: social workers will have access to a single integrated workers view of a client’s data and case history SC12 Social Case log lifecycle: cases can be closed faster and cases can workers be routed to social workers based on their skills SC13 Partnership Information Sharing: ability to share records, depending on working data security settings, to facilitate collaboration and multi SC14 Partnership Information depth: many clients need and are eligible to working receive support from multiple agencies across multiple programs. Social workers need to easily access data that spans multiple agencies and systems to get a complete picture of appropriate action. This also allows the social worker to get a 360 view SC15 Mobile and Faster and More Responsive Service: assessments will be Flexible carried out in the home (or wherever it needs to be done), on Working laptops or tablet PCs, with the information becoming available to back office staff in the office, once completed, immediately. This is especially pertinent when undertaking the Single Assessment Process (SAP), as the SAP assessment document is very large and cumbersome when relying on paper and frequently the clients handwriting is ineligible, leading to possible errors SC16 Mobile and Improved Service: Barking and Dagenham Council improved Flexible the waiting times for assessments from 60.5% for 2004/05 to Working 87.2% for 2005/06 by encouraging mobile working for its social care staff. Data is available on the social care system approximately one and a half hours after completing an assessment and the Barking and Dagenham Council has not data entry backlogs for assessments. SC17 Mobile and Flexible Working: Social work staff are able to work from home Flexible and hot desk when coming in to work, reducing the need for Working office space. Social workers can be more flexible around when they see clients as it is much easier to fit in with what the client wants – rather than the client having to fit in around the social workers office hours. Social workers have access to all the data they require on their laptops or tablets, thus do not have to go to the office first thing in the morning to print off information( itself a data security risk) for the clients they will be seeing. [Flexible working is estimated to save between 25% and 40% of time worked for social workers over their being office based.]

Page 46 SC18 Non- Clients & Better User Experience: putting the client at the centre of the cashable Citizens social care planning process requires the client to have access to accurate information and self-service tools in order for them to make the correct choices and truly benefit from directing their own care, in line with the Department of health People First agenda. This personalisation of service allows decision making for the client on all issues that affect them, based on a holistic view of the client.

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Page 48 Exempt / Confidential Under Access to Information Procedure Rules 10.4 (3)

Document is Restricted

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Page 50 Appendix 3

ESCR Development Plan – Improvement Areas

Children’s and Young People’s Social Care

Area Activity Benefits Outcomes Care Planning • Services are linked Operate to best practice Assist in implementing to unmet needs and ICS Standards. improved identified risks • Raise standards in safeguarding • Visit activities must recording processes in response record whether a • Improved information to the Inspection of child has been seen for statutory reports safeguarding and alone • Efficiency in transfer of looked after children • Electronic version of information services performed the CC6 document • Increased efficiency December 2009. • Social Workers • Eliminate duplication of must be able to recording Improved data quality. attach inbound • Improve system written and usability Assist in improving electronic record keeping in communication and • Reduced response to the records administration tasks Annual unannounced • Standard invites for enabling more social inspection of contact, reviews generated worker time to be referral and from the system. spent on frontline assessment • Electronic approval work. arrangements of care plans by • Efficiency in transfer of performed August team manager information 2009.

Structured • Private Fostering • Operate to best Assist in implementing Recording & Assessment practice ICS improved validation structured recording standards. safeguarding process to be • Increased processes in response implemented safeguarding to the Inspection of • Structured process processes safeguarding and governing case • Improved reporting looked after children recording. information for returns services performed • Structured process • Raise standards in December 2009. for decision making. recording . • Structured recording • Evidence of decision Improved data quality. process for making process. Improved quality supervision. • Ofsted assurance

recommendation • Structured method Assist in improving to record • Reduction in record keeping in chronologies. duplication. response to the Clarity in reading and Annual unannounced reviewing records. inspection of contact, Raise standards in referral and • Activity notes must recording. assessment be quick and easy arrangements to record and read. • Improve usability. performed August • Efficiency in recording 2009. • Clarity in reading and reviewing records.

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Referral, Electronic • Single data entry. Assist in implementing Assessment, Care documentation to • Decreased duplication improved Planning: support social work enabling more social safeguarding • E-forms processes covering: work time to be spent processes in response allowing Initial and Core on frontline work to the Inspection of single data Assessments • Improved usability safeguarding and entry / data developed as eforms. • Raise standards in looked after children pre- Initial Plan, CIN Plan, recording. services performed CP Plan, LAC Plan population • Operate to best December 2009. developed as eforms practice ICS LAC forms – reviews, standards. Improved data quality. Consultation forms, • Increased essential information Improved quality safeguarding assurance records, placement processes. plans and plans for • Increased use of accommodating electronic system in children. Assist in improving care management referral and teams. Data pre-populated assessment Improved data quality procedures in between forms as for CIN return. appropriate. response to the Annual unannounced inspection of contact, referral and assessment arrangements performed August 2009.

Assist in improving record keeping in response to the Annual unannounced inspection of contact, referral and assessment arrangements performed August 2009.

Workflow and Case • Automatic alerts to • Operate to best Assist in implementing Work Monitoring managers when key practice ICS improved activities become standards. safeguarding due/overdue. • Increased processes in response • Automatic safeguarding to the Inspection of escalation of key processes. safeguarding and activities that are • Improved performance looked after children incomplete from sw management services performed to tm and tm to • supports good practice December 2009. SDM • Assessments and Improved data quality. plans must be Evidences decision Improved quality authorised at making process assurance appropriate points. • Supports good practice • Children’s cases • Improved data quality cannot be closed for statutory returns without a case • Supports good practice closure summary Page 52 activity • Develop a S47 • Increases efficiency transfer in activity and frees up admin plan and complete time to support social existing plan workers on frontline beyond CPR tasks. registration. • Supports e-form • Auto generation of development. standard letters. Efficiency savings in • Professional and time spent recording Agency involvement (covers C&YPSC and ASC)

Fostering & A workload manager Greater visibility of: Increased efficiency in Adoption available in ESCR • Fostering managing Fostering designed for Fostering assessments in Assessments and and Adoption team progress, current reviews. managers to use. status and overdue. • Fostering reviews in Critical business progress, current intelligence status and overdue. information provided • Allocated accounts to Fostering & • Unallocated accounts Adoption Team Managers leading to • Access to improved decision performance making. Information • Improved Service Ability to track Delivery progress against critical performance indicators.

Securely link pre- • Increased ability to Assist the production adoptive and post respond to adoption of required statutory adoptive records. queries. CIN Census return information. Ensure compliance is met. Identify holiday foster • Increased efficiency Assist the production carers and detail in managing foster of required statutory accounts they provide carer processes. returns. cover for. Ensure compliance is met. History trails added to • Increased data Assist the production account start dates. quality. of required statutory returns. Information Technology • Concealed contact Foster Carer team system utilised to records and Fostering Officers manage the Fostering & • Locked down child processes performed Adoption function. records with increased • Electronic CRB check efficiency. management • Electronic household member management. • Electronic Foster Page 53 Carer review

• management.

ESCR Financials – • Improved financial post adoptive record reporting Robust financial must exist in ESCR and • End to end recording information. ESCR Financials. of a case Reports can be run from ESCR using this information

Adult Social Care

Area Activity Benefits Outcomes REFERRAL, • Electronic version • Decreased duplication • Improved ASSESSMENT AND of SDAQ to be of data Safeguarding CARE PLANNING developed • Increased control of Responses • Governance of risk factors • Improved Record data input and data Keeping sharing to be • Qualitative data improved management • Single direction of • Improved Risk workflow Management • Population of RAS via SDAQ • Population of Care Option/Care Plan, and Outcomes from SDAQ • SDAQ and RAS to feed the Support Plan • Development of a product structure to meet SDS requirements • Ability to use all forms offline, and upload to ESCR on return to workplace

E-FORMS • Electronic • Single Data Entry • Improved Quality ALLOWING Documentation to • Reduction in Assurance SINGLE DATA support Adult duplication • Improved Risk ENTRY AND DATA Social Care • Increased Social Management PRE-POPULATION Processes, to Worker time for • Improved Data cover: frontline tasks Validation • Support Plan(s) to • Improved standards in be completed as recording Page 54 an electronic • Improved standards in document and data validation accessible to view • Improved governance in ESCR of risk, and • SDAQ, FACS safeguarding Review Form, processes Notification of • Improved data for Eligibility Form, statutory returns Financial Assessment Form, FAB form, ISA, CHISA, Carers Assessment, Carers Emergency Plan Referral, MCA Form and Risk Assessment Form, all to be developed as e-forms. • Data pre- and auto- populated between forms as appropriate. • Forms to be versioned, and printable • Links to MHA/BIA and Care Management process WORKFLOW AND • Automatic Alerts to • Decreased duplication • Improved Quality CASEWORK Managers when of data Assurance MONITORING key activities are • Increased control of • Improved Risk due or overdue risk Management • Governance of • Evidencing decision • Validation of data recording, making process • Improved assessment and • Maximises best governance of care planning practice workflows process • Improved Performance • Better audit • Adult cases to Management streams for require mandatory • Improved governance responsibility and fields completing, of risk factors, and accountability prior to case safeguarding closure processes • System will auto • Improved capacity for generate standard reporting letters • Increased ability to • E-mail to be audit work-trails functional across • Better definition of ASC responsibility/accounta • Improved bility navigation in ESCR (Referrals, Contact, Activities) • Development of links to 3 rd party data inc. Section 2 and Section 5 reporting Page 55 • Structured process • Increased control of • Increased to improve risk governance of STRUCTURED governance of • Evidencing decision workflows RECORDING AND case recording making process VALIDATION • Structured process • Maximises best to improve practice governance of • Improved Performance decision making Management • Improved process • Improved governance management, to of risk factors, and improve system safeguarding usability processes • Improved data to feed statutory returns • Increased clarity in reading data • Capture of data in • Increased Budget More efficient system, from Management data existing outlying • Improved Contracts management databases Management • Validation of data • Linking to Data Improved Performance • Governance of Warehousing, to Management workflows and ensure reportability processes of data • Positive impact • Data CARE on governance of validation/cleansin COMMUNICATION financial and g required to CENTRE commissioning ensure consistency workstreams of data • Improved • Improvements to statutory ISA, to build reporting reports at different capability levels • Development of intuitive ‘waiting’ lists, for clients awaiting providers • Workflow Alerts for • Improved management • Improved Managers when of and governance of Safeguarding key safeguarding risk Responses activities are due • Improved usability and • More intuitive • Development of efficiency of system and holistic risk risk icons • Increased data quality management • Links between • Improved performance across ASC safeguarding Management referrals and • Increased ability to run providers, detailing quality, validated SAFEGUARDING Type of reports Investigation (1-4) • Structured process linking Safeguarding processes to workflows • Integration of Risk Assessment Tools into workflows (via e-forms) including MH FACE Risk Page 56 forms • Recording across system to comply with Leeds Safeguarding Policies and Procedures • Development of reports to feed statutory returns for Safeguarding. • Process and workflow checks and balances, to ensure appropriate worker access • Development of • Improved quality of • methodology for data utilising • Improved ability to run commitment data, validated statutory from care plan reports approvals/costs • More system • Alerts, when ‘intelligence’ specified forms • Governance of submitted processes and • Authorisation of workflows spot-providers within ESCR • ESCR/ESCR

Financials links to FINANCE develop – including

Data Warehousing

usage, for

reporting needs

• Specification of reporting format for the full suite of finance and activity reports (2010-

2011) including link to key data

sources involved in activity-based financial projections • Read across between Approved and Indicative Budgets • Creation of a solution, to record contributions against care option • Cross-compliance with e-forms • Improved • Improved quality of • Consistency of governance of data service delivery TRANSITIONS workflows and • Improved quality of • Quality process, to reporting Assurance Page 57 improve • Cohesive transference • Management of consistency of of responsibility risk service delivery CYPSC to ASC • Improved data • Data to be • Improved governance quality and data recorded within of risk factors sharing ESCR • Links in to development of risk icons • Links between Adult and CYPSC recording processes • Links into e-form development • Inclusion of • Improved quality and • More Integrated Telecare Data availability of data service delivery within ESCR Improved quality and • Quality • At a glance ‘let’ scope of statutory Assurance and ‘to be let’ reporting • Data Validation contract lists • Integrated data sharing • Integration of leading to more outlying accessible data databases, to feed • Improved data into ESCR/Data validation Warehouse • Development of workflow and reporting CONTRACTS & processes COMMISSIONING • Data clean-up required to validate data • Development of provider databases in ESCR • Links to Financial validation workflows and related processes • Development of intuitive ‘waiting’ lists, for clients awaiting providers of their choice • Capture of • Validated data across • Improved Record complaints ASC keeping notification within • Improved reporting • Improved ESCR quality Safeguarding • Locality based Responses data collection • Improved data COMPLAINTS sharing • Better Quality Assurance • Improved Process management • Page 58 Appendix 4 ESCR Developments to Date and the Impact on Social Work Practice in CYSPC

Developments have taken place within ESCR on a number of different levels, from Assessment to High Level Reporting. However below is the list and narrative of the developments within ESCR and benefits to Front Line Social Work practice to date (May 2010) that have taken place.

1. General Visual Layout. 2. Contact Summary Screen. 3. Copy and Pasting of Activities. 4. Section 47 Process. 5. Up Coming Activities Report 6. Team Work Load Manager 7. Request for Service. 8. General Work Flow Diagrams. 9. Navigation, Quick Link Icons.

1. General Visual layout: Colour coded screens, helps to give Social Workers a visual cue as to where they are in a record. Information has been grouped more logically to aide data entry and retrieval.

2. Contact Summary Screen: This allows the Social Worker and their Team Manager immediate access in one area of the screen to all relevant current information in relation to Referrals, current Assessments, contact details and allocation. This is particularly useful if you are unaware of the background on a record. Has immediately improved our information sharing with the Out of Hours Team.

3. Copying of Activities between siblings: Greatly reduces the time taken to evidence recording which is common to a group of siblings. Easily allows relevant recording to be evidenced on each child’s record. This has directly freed up both Social Work and Admin time and improved accuracy of recording and timeliness.

4. Section 47 Processes: This was a particular failing and weakness of CYPSC and highlighted throughout the last two inspections. The processes within ESCR have impacted on many different levels. Firstly the new process leads the Team Manager and the Social Worker through the specific procedure that is required when a S47 Enquiry is required. Secondly it highlights to the Team Manager where at any given point the Enquiry is up to and what activities are required to complete that activity. Thirdly it allows direct communication to take place between the Area Social Work Team and CYPSC Child Protection Team and aid the timeliness of Initial Child Protection Case Conferences.

5. Up Coming Activities Report: This prompts, by the use of intuitive colours and symbols, Social Workers to see the time scales of work that they have to undertake within statuary requirements. It warns them if those timescales are close and allows them to priorities imminent work appropriately.

6. Team Work Load Manager: This allows Managers and Admin support to assess Team Work Loads and important statistical Team information via intuitive diagrams. It allows them to identify problems or inconsistencies quickly and easily. It aides in maintaining data quality by providing direct links to records that require up dating. It layers information by displaying high priority information immediately, but allows further investigation or analysis if required.

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7. Request for Service; This area fulfils specific criteria of the OFSTED Action Plan and brings Leeds Social Care in line with DCSF good practice. Allows proper differentiation between the early stages of contact with the Department and a Referral that has been properly screened and identified as requiring further intervention by CYSC.

This has been essential of accurately evidencing and recording the work of the screening Team. Reporting from this development will allow further developments to take place with the wider CYPSC partners.

This development has ran alongside the development of the Screening Team based down at the Contact Centre and will continue to aid the development of this Service. We can already identify clearly and specifically the impact the Screening Team is having on Front Line Assessment Teams and the reduction of referrals to those Teams.

8. General Work Flow Diagrams: Where there is a defined serious of activities (see also S47 Process), it aids the Social Worker and Team manager to see what stage has been reached in a process and what appropriate routes are available at any given point or require to be taken.

9. Navigation, Quick Link Icons: This allows the Social Worker to navigate more swiftly around a record using Icons that intuitively show the essential elements of any child’s record that may need to be reached at any given time. Put simply it reduces the amount of ‘clicks’ any one Social Worker needs to complete to access relevant or required information.

Finally 4, 5, 6 and 7 has allowed more accurate reporting and auditing to take place within all levels of CYPSC.

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Agenda Item 11

Originator: Angela Lawson

Tel: 278061

APPENDICES NOT FOR PUBLICATION Exempt / Confidential under Rule 10.4 (3)

Joint Report of the Directors of City Development and Adult Social Care

Executive Board

Date: 22nd June 2010

Subject: Leeds Holt Park Wellbeing Centre Project- submission of the Final Business Case and execution of the contract for the new Holt Park Wellbeing Centre

Electoral Wards Affected: Specific Implications For: Adel and Wharfedale Equality and Diversity x

Community Cohesion x

Narrowing the Gap

Eligible for Call In Not Eligible for Call In √

EXECUTIVE SUMMARY

1. On 14 th October 2009 Members of Executive Board approved the submission of the Outline Business Case for a new build Wellbeing Centre at Holt Park to the Department of Health.

2. On 12 th February 2010 Members of Executive Board approved the affordability envelope for the Holt Park Wellbeing Centre Project. The Department of Health (DH) and Project Review Group (PRG) approved the Wellbeing Centre Outline Business Case on 12 th February 2010 confirming an allocation of £30.676 million PFI Credits.

3. Members will also recall that the completion of the procurement of Phase 1 of the BSF Programme on 3rd April 2007 involved the formal establishment of the Local Education Partnership (LEP) and the City Council entering into a Strategic Partnering Agreement with the LEP. The Strategic Partnering Agreement sets out the contractual framework, referred to as the New Project Approval Procedure for 1 Page 61 the delivery of the Holt Park Wellbeing Centre. The Holt Park Wellbeing Centre Project is being procured through the Private Finance Initiative through this procedure.

4. With regard to the Holt Park Wellbeing Centre, negotiations relating to design, scope and price through the LEP with Interserve (part of the Environments for Learning Consortium, the Council’s private sector partner in the LEP) are at an advanced stage and the completion date for the centre has been agreed at March 2012.

5. Members are requested to agree to the recommendations set out in Section 7 to this report relating to the submission of the Final Business Case, and to the execution of the contract documentation for the Holt Park Wellbeing Centre, which is programmed to be completed on 30 th June 2010.

1.0 Purpose Of This Report

1.1 The purpose of this report is to update Members of the Executive Board of the progress of the procurement through the Local Education Partnership (LEP) of the Holt Park Wellbeing Centre, following Members’ approval of the Outline Business Case for the project on 14th October 2009. The Outline Business Case was approved by the Project Review Group on 16th February 2010.

1.2 Members are requested to note and confirm the final scope of the Holt Park Wellbeing Centre summarised in Section 3.2 to this report which has not materially changed since the approval of the Outline Business Case and also recommended to approve the demolition of the existing leisure centre in advance of the opening of the new Wellbeing Centre. A copy of the Final Business Case is lodged with the Clerk to this Executive Board and is available for inspection by Members of Executive Board. .

1.3 Members are also requested to note and agree the maximum affordability position for the City Council as outlined in Appendix 1 and agree that this will remain the City Council’s Affordability ceiling through to Financial Close at the end of June 2010 but to note that the City Council takes the risk / benefit of interest rate changes up to Financial Close.

1.4 Members are further requested to approve the process to enable the Commercial and Financial Close of the Project as set out in this report, and addressed in the recommendations set out in Section 7 of this report.

2.0 Background Information

2.1 The building of the Holt Park Wellbeing Centre in Leeds signifies a capital investment of approximately £15.7 million and a significant commitment to improving community social care, reablement, health, recreation and adult learning facilities in Leeds

2.2 Members of Executive Board approved the arrangements for the establishment of and Council participation in the Leeds Local Education Partnership (the LEP) as part of the BSF programme phase 1 completed in April 2007. Members will recall that the main purpose of the LEP is to develop and deliver capital investment projects in the Leeds Secondary Schools estate. The City Council entered into a Strategic

2 Page 62 Partnering Agreement with the LEP, and this Agreement provides the framework for the delivery of the Holt Park Wellbeing Centre project and works. Members will recall that the overall rationale for the strategic procurement so far as the City Council is concerned is that through the Agreement, the City Council will:

• Save costs through not having to undertake separate procurements for individual new projects; • Extract specific savings that arise as a result of repeat purchases through the LEP; • Share collective Partnership Targets with the LEP, which both parties will aim to achieve through their respective contributions. • Procurement through the LEP was approved as the most appropriate route by the Director of City Development, following consideration of the procurement options in consultation with Corporate Procurement Unit, and in light of the fact that procurement of a centre at Holt Park was intended as part of the scope of the BSF project within the OJEU notice.

2.3 The Strategic Partnering Agreement sets out the contractual framework, referred to as the New Project Approval Procedure for the delivery of the Holt Park Wellbeing Centre. The Holt Park Wellbeing Centre is being procured through the Private Finance Initiative through this New Project Procedure.

2.4 The work will comprise a new build of the Wellbeing Centre. Negotiations relating to design, scope and price through the LEP with Interserve (part of the Environments for Learning Consortium, the Council’s private sector partner in the LEP) are at an advanced stage and the centre is programmed to be delivered by March 2012. The Project is now at the Final Business Case (FBC) stage. The DH must approve the FBC for the DH to issue a Promissory Note prior to Financial Close and Contract signature. This Promissory Note secures the commitment of PFI Credits leading to the payment to the Council of the PFI Revenue Support Grant once services commence. A copy of the FBC (which is Exempt / Confidential under Access to Information Procedure Rule 10.4 (3)) has been lodged with the Clerk to this Executive Board and is available for inspection by Members of Executive Board.

2.5 The original scope at Outline Business Case stage required the demolition of the existing leisure centre at Holt Park once the new Wellbeing centre had been constructed and become operational. However, during the development of the scope of the project and negotiations with the contractor it became clear the there were a number of issues which frustrated this approach. In particular there is a planning requirement to build a footpath from the Wellbeing Centre to the District Centre across the site of the existing leisure centre and the new Wellbeing centre cannot become operational until the footpath is in place. Also opening of the new facility ahead of demolition would mean that the first 7 months of operation would be disturbed by dust, noise, creation of a new works access and reinstatement and construction traffic and an additional deep clean would be required on completion of the demolition. There would also be an additional cost associated with the demolition of the existing leisure centre after the opening of the new facility of approximately £240,000. It is therefore proposed that the existing leisure centre will be demolished during the 7 months before the new Wellbeing Centre becomes operational and the Council will work closely with existing users (as occurred for the Morley and Armley New Leaf Leisure Centres project) to ensure that they are able to access alternative facilities during this period. This proposal will not impact upon existing day centre users.

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3.0 Final Business Case Scope

3.1 This section outlines the main issues relating to the Holt Park Wellbeing Centre, and in particular within the proposed PFI Project Agreement.

3.2 The Scope of the Project. Members of Executive Board, at their meeting on 12 th February, agreed the scoping of the Holt Park Wellbeing Centre required by the City Council. These requirements, which have not changed during the procurement process, formed the basis of the Output Specification. The table below summarises the scope of the Holt Park Wellbeing Centre.

Summary of Proposed Project Scope Wellbeing Centre Holt Park Wellbeing New community social care, health and sports hub Centre

Procurement through PFI Proposed 100% New Build

Service commencement The new building will incorporate high-quality care and March 2012 support facilities with the provision of modern care and recreation services and lifelong learning opportunities Detailed designs will be available to view at the meeting.

3.3 The Works Period (construction period) runs from contract signature, programmed for 30 th June 2010, to completion of the Wellbeing Centre by the end of March 2012.

3.4 The Service Period for the Wellbeing Centre is programmed to commence in March 2012. The Service Period will expire on 31st March 2037.

3.5 The Services included within the PFI contract are:

Facilities Management Buildings maintenance Asset Management Installations maintenance (e.g. cabling, alarms, ICT infrastructure) Utilities and Environmental Conditions Lifecycle Maintenance Reinstatement and Change Cleaning and Waste Grounds maintenance Health and Safety and Security Reactive On-Site Services Help Desk and Administration

The services remaining with the Council include the delivery of the adult social care, and active recreation programmes, including coaching, reablement, community support and cash collection.

4 Page 64 3.6 Employment and TUPE – It is envisaged that there will be no transfer of employees under this project under TUPE and the Council has agreed to take the financial risk of the Contractor incurring additional costs (subject to the Contractor being required to mitigate such costs) arising in relation to TUPE and pensions in the unlikely event that employees transfer to the Contractor.

3.7 Communication and Consultation Strategy – Throughout the procurement stage of the project Public Stakeholder Groups have been consulted on a regular basis at key stages of the project. These groups were established from volunteers from existing day centre and leisure centre users, staff, local residents and businesses, sports and user groups, Ward Members and specialist interest groups such as Parent Carers, PCT, Education Leeds, Adult Social Care. In addition newsletters have been posted on the Holt Park website and shared with the Stakeholder Groups as well as being posted on notice Boards both in the Leisure Centre and other local public buildings. A lot of valuable feedback has been received from the Stakeholder Groups and where possible suggestions have been incorporated. This process will continue throughout the construction phase of the project and beyond.

3.8 Stakeholders in this project are identified as:

• The existing Day Centres and Holt Park leisure centre, their managers, staff, users and their communities • The City Council’s Executive Board • The Holt Park and Education BSF / PFI Project Boards • The Holt Park Project Team • Adult Social Care Departmental Management Team • Ward members • Department for Health • Other agencies and specialist bodies, including Commission for Architecture and the Built Environment (CABE) etc. • Employee representatives • Media

3.9 Communication and consultation throughout the project to date has been undertaken with all of these stakeholders including:

• Members briefings • Regular meetings with City Development on planning, highways and site issues • Discussions with Sport England, CABE etc.

3.10 As the project moves from contract close towards service commencement the Council will be undertaking further stakeholder consultation with input from the consortia as appropriate.

4.0 Implications For Council Policy And Governance

4.1 Decisions relating to the Project procurement have been made under the governance arrangements previously approved by Executive Board, as follows 4.1.1 up to 1 st February 2010 by the Chair of the Education PFI/BSF Project Board.

5 Page 65 4.1.2 from 1 February 2010 by the Director of City Development (following review and recommendations of a newly formed Holt Park PFI Project Board) under new delegated powers for PPP/PFI projects in part 3E of the Constitution (Officer Delegation Scheme) approved by the Leader of the Council.

4.2 The procurement process followed the process set out in the Strategic Partnering Agreement, signed by the relevant parties on 3rd April 2007.

All stages of the procurement are duly recorded in the reports and minutes of the Education PFI / BSF and Holt Park PFI Project Boards and the PPP / PFI Coordination Board and Strategic Investment Board.

4.3 DH has advised that this project is part of the spending review currently being undertaken by the Treasury but that the Council should continue to progress the project whilst the review continues.

5.0 Legal and Resource Implications

5.1 The negotiations on Financial and Legal matters are reaching their conclusion. The contract documentation is adapted from template BSF documents and broadly reflects the commercial position reached on the New Leaf Leisure Centres Project.

5.2 Financial Issues: Attached as Appendix 1 is a detailed report covering the financial issues relating to the project. In summary the main issues are:

• Value for Money. • Affordability. • Compliance with Capital Finance Regulations. • Termination of the contract.

These Appendices, and the Final Business Case, are confidential under Access to Information Rule 10.4.3 because publication could prejudice the City Council’s commercial interests as, both Appendix 1 and Appendix 2 (lodged with the Clerk to this Executive Board and available for inspection by Members of Executive Board) and Annexe A and B, and the Final Business Case include matters where final negotiations on the Contract are not yet complete, and these negotiations are confidential between the City Council, the LEP and the E4L Consortium. In addition both the Appendix and the Final Business Case contain sensitive commercial information supplied to the City Council by E4L. In these circumstances it is considered that the public interest in not disclosing this commercial information outweighs the interests of disclosure.

5.3 Legal Implications and Powers : The following paragraphs identify the principal powers enabling the contract to be signed. The final report to the Director of City Development will contain full detail of the Council’s powers to enter into the contract. Paragraph 5.4 below explains that the Council’s powers to enter into the Project Agreement are required to be ratified under the Local Governments (Contracts) Act 1997.

5.3.1 Project Agreement and ancillary documentation – The Council has broad powers to provide leisure facilities under Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (and a duty to provide adequate recreation facilities to support education functions under Education legislation). Powers to provide after care and 6 Page 66 support and welfare facilities include Section 2 National Health Service Act 2006, and Section 2 Chronically Sick and Disabled Persons Act 1970, and Section 2 of the Local Government Act 2000 enables the City Council to do anything considered to be likely to achieve the promotion or improvement of the social, economic or environmental wellbeing of the area. When exercising the powers in the 2000 Act regard must be had to the Councils Community Strategy (contained in the Vision for Leeds) other supporting powers include section 111 of the Local Government Act 1972.

The Vision for Leeds 2004 to 2020 is the Community Strategy for the city and is based on the principles of sustainable development - “making sure everyone has a better quality of life now and for generations to come”.

Leeds City Council’s role is defined in its mission statement, which is “to bring the benefits of a prosperous, vibrant and attractive city to all the people of Leeds”.

The effective use of the Council’s capital resources is fundamental to achieving this objective as well as the objectives of the Council’s Strategic Plan 2008-2011, as outlined below:

• improved quality of life for vulnerable people by promoting independence, dignity and respect;

• increased safety and support for vulnerable people through preventative and protective action, minimising risks and maximising wellbeing.

5.4 Final Report and Authorisation : Some elements of the detailed contract documents remain to be finalised, and the final report seeking authority to enter into the contract documentation will be supported by a report from DLA Piper the legal advisors supporting the project, in relation to this project. This report is anticipated to

i. Confirm the Council’s statutory powers to enter into the documentation ii. Provide advice on the terms of that contract documentation iii. Advise on the steps taken to check the terms of the supporting financing documents and sub-contracts, that they are satisfactory from the Council’s point of view, and due diligence undertaken iv. Comment on the enforceability of the payment mechanism.

It is also anticipated that it will support the proposed certification of the PFI contract and of the direct agreement between the City Council and the contractor and senior lender under the Local Government (Contracts) Act 1997, together with any other certificates deemed necessary. These certificates are required by and Authority for any necessary additional arrangements for execution or certification of documentation at close will be sought from the Assistant Chief Executive (Corporate Governance), provide protection to the PFI contractor and senior lender against the consequences of the transactions being outside the Council’s statutory powers. The Director of Resources (or any officer to whom the Director delegates the function), is authorised under the Constitution to sign such certificates for PFI Projects.

Under the new delegations (part 3 section 3E officer delegation scheme), relevant Directors are authorised 7 Page 67

Subject to a) approval by the relevant Government Department or other relevant body of the Final Business case for the Project (if applicable); and b) the Director being satisfied that the Project remains within scope and affordability limits approved by Executive Board: i) to approve the terms of all Project related contractual, property and other documentation; and ii) to make arrangements for and approve any delegations necessary to effect commercial & financial close including any amendments to such documentation at commercial & financial close.

It is proposed that the Director of City Development, in consultation with the Director of Adult Social Care, will continue to approve all Project specific issues to close, and give such final approvals to the Project. Because of the significance of the above it is proposed that the delegations to the Director of City Development in relation to the approval of the terms of the transaction and the conclusion of the contracts be conditional on the outcome of the receipt of a report from DLA Piper, as outlined above satisfactory to the Director of City Development.

5.5 The Performance & Payment Mechanism is set out in a schedule to the Project Agreement and is based upon the Partnerships for Schools Standard Form Document for Calibrated Payment and Performance Mechanisms and the Performance and Payment Mechanism agreed for the four PFI Schools procured in Phase 1 of the BSF Programme. The Performance and Payment Mechanism for the Holt Park Wellbeing Centre Project does not contain any specific derogations from the Standard Form that had not been agreed during Phase 1. The Payment Mechanism is designed to ensure effective Contractor performance whilst also ensuring that the Project remains bankable. The Payment and Performance mechanism provides for specific deductions to be made from the Unitary Charge (the annual payment) when specified standards for the premises and services are not met. 100% of the unitary charge is at risk for ‘unavailability’ of the premises and up to 30% of the unitary charge is at risk for ‘poor performance’ of the services. The payment mechanism regulates the calculation and payment of the invoices, including utilities and addresses issues such as the impact of inflation.

Third Party Use – One of the roles of the existing leisure centre is for emergency refuge and the Contract enables the use of the new wellbeing facilities outside of the core hours of the contract for this purpose. The project is a unique collaboration between two Directorates Adult Social Care and City Development working in Partnership to deliver the facility and manage and deliver the services within it.

6. Risk Assessments

6.1 Once the Project has passed Stage 2 of the New Projects Procedure as set out in the Strategic Partnering Agreement, if the Council decides not to proceed with the Project once this stage has been entered into, the LEP can recover its Bid Development costs from the Council. If the project had not yet achieved a pass at New Projects Process the contractor may still be able to recover its costs if it has complied fully with its obligations under the contract. The Council is exposed to these risks if it receives a compliant submission from the LEP but does not to proceed with the Project through to Financial Close. 8 Page 68

6.2 Members will be aware of the current issues in the Financial Markets due to the recession and further to the general election and this may impact on the interest SWAP rates. The interest SWAP, which determines the final agreed Unitary Charge is fixed at Financial Close (programmed for 30th June) and is outside the control of any of the parties to this proposed Contract. and is a risk that cannot be mitigated by any of the partners to the Contract.

Members of Executive Board are requested to agree to a Unitary Charge cost ceiling predicated on an interest SWAP rate of 5.00%. Current rates are lower than 5.00%, and if they remain lower, the Council will benefit with a lower Unitary Charge. However there is a risk that interest rates could fluctuate above 5.00% and above the City Council's affordability ceiling. Although this risk is considered to be low, if it does arise, officers would be unable to sign the Contract on behalf of the Council with the consequence that the Council could be liable to the LEP's bid development costs referred to in Appendix 1 Recommendation (c).

7. Conclusions

7.1 The Holt Park Wellbeing Centre Project seeks to secure significant capital investment into the social care sector in Leeds, and is seen as one of the major steps in improving community support and wellbeing.

7.2 Leeds has been successful in being selected as a Wave 1 Authority in the Government’s national BSF Programme, and attracting over £280m in investment into Leeds through the rebuilding or refurbishment of 14 high schools and through £30 million investment in 2 new leisure centres. Six of these schools are fully operational with the leisure centres now moving into the Services Period. This represents the largest single procurement to date undertaken by the City Council and the Wellbeing Centre forms part of it.

7.3 The affordability implications of this Project to the City Council are reported in Appendix 1, which is confidential to this report.

7.4 The terms of the various contractual documents are currently being finalised with the LEP and Environments for Learning. Under the terms of the City Council’s Corporate Governance arrangements for PPP / PFI projects (which permit submission of the FBC for a Project in advance of the Executive Board meeting if the Director considers approval to be urgent) the Director of City Development, following review by the Strategic Investment Board has approved the submission of the Final Business Case to DH subject to the decision of Executive Board. This was necessary to seek to ensure that the relevant Government agencies have sufficient time to consider and grant final approval for the Project prior to Financial Close, programmed for 30 th June 2010. Once the review of the FBC has been completed, and subject to their approval, DH will issue a Promissory Note to the City Council which will provide the necessary written confirmation regarding credit cover and revenue support the City Council requires before it can sign the Contract with E4L. Subject to the approval of Members of Executive Board, a copy of this report and the resolutions will be submitted to DH following the meeting of this Executive Board.

7.5 Financial Close and Contract signature will in turn see the commencement of the start of construction for the Holt Park Wellbeing Centre and following successful construction will lead to the Wellbeing Centre being in beneficial use by April 2012. 9 Page 69

8 Recommendations

Members of Executive Board are recommended to note this report, and:

8.1 Note and confirm the final scope of the Holt Park Wellbeing Centre Project (Project) set out in the report;

8.2 To approve the submission of the Final Business Case to the Department of Health and authorize the Director of City Development to make any necessary amendments to the FBC. The Final Business Case covers the Holt Park Wellbeing Centre Project financed through the Government’s Private Finance Initiative.

8.3 Approve the demolition of the existing leisure centre in advance of opening the new Wellbeing Centre

8.4 Approve the financial implications for the Council of entering into the Project, and to agree the maximum affordability ceiling for the City Council in relation to the PFI of £2.428m in the first full year of service commencement (2012/13), as set out in Appendix 1 but subject to paragraph 8.7 below should the SWAP rate exceed 5.00%.

8.5 Note the balance sheet treatment for the Project.

8.6 Approve the arrangements to Financial Close and implementation of the Project to include (but not by way of limitation) the award/entry into a PFI Project Agreement to a special purpose company to be established under terms agreed between the City Council and the Leeds Local Education Partnership (LEP), and

in connection therewith, confirm the arrangements at paragraph 5.4 of this report and authorise (for the avoidance of doubt) that the delegated powers set out at Part 3 section 3E of the Constitution in relation to PPP/PFI and other Major Property and Infrastructure Related projects be exercised in relation to this Project by the Director of City Development (or delegee) in consultation with the Director of Adult Social Care (or delegee)

8.7 To delegate authority to the Director of City Development or her nominee to approve the completion of the project should the SWAP rate exceed 5.00% but be less than 5.50% at the time of Financial Close to a maximum affordability ceiling of £2.500m in 2012/13 terms.

Background Papers

Holt Park Wellbeing Centre Outline Business Case Holt park Wellbeing Centre Executive Board reports of 12 th February 2010 and 14 th October 2009

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Page 84 Agenda Item 12

Originator: D Meeson

Tel: x74250

Report of the Director of Resources Executive Board Date: 22 nd June 2010

Subject: REDUCTIONS IN GRANTS TO LOCAL AUTHORITIES 2010/11

Electoral Wards Affected: Specific Im plications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

x (Details contained in the report)

EXECUTIVE SUMMARY

As part of the Government’s accelerated deficit reduction plan, details of reductions in grants to local authorities totalling £1.166 billion in the current financial year were announced on the 10 th June 2010 1.

Initial details are available of how some of the reductions are allocated to individual authorities, and this report provides information on what is currently known, but there are still gaps in that information and only a partial picture can therefore be given here.

The headline figures are a reduction in revenue grant funding of £12.2m and capital grants of £6.96m. However, as the Government intends to remove much of the ring-fencing that currently applies to many grants, there is not necessarily a direct correlation between grant reductions and local authority budget changes.

As more detail becomes available, options will need to be identified and reports prepared for consideration by Executive Board on how the reductions in grants are to be dealt with.

1 Page 85 1.0 Purpose of this report

1.1 As part of the Government’s accelerated deficit reduction plan, details of reductions in grants to local authorities totalling £1.166 billion in the current financial year were announced on the 10 th June 2010 1. The purpose of this report is to provide details of the reductions in grants at a national level, and to provide information, in so far as it is available, as to the reductions in grants to the Council.

1.2 At this stage, members are asked to note the information provided in this report. Work has already commenced to consider fully the impact of the reductions in grant and how they might impact on the Council’s budgets. As the fuller picture becomes clear, options will need to be identified and reports prepared for consideration by the Executive Board on how the reductions in grants are to be dealt with. It is crucial that this work progresses rapidly and it is anticipated that a further report will be submitted to July’s Executive Board.

2. Background Information

2.1 The new coalition government has clearly stated that their most urgent priority is to reduce the UK’s deficit. On the 24 th May 2010, the Chancellor of the Exchequer and the Chief Secretary to the Treasury set out proposals to reduce public spending by £6.2 billion in the current financial year 2. Included in the package was an expectation that savings of £1.166 billion would be delivered by local government. Further details were provided through a ministerial statement on the 10 th June 2010, and through the CLG web site. The general Formula Grant and the Dedicated Schools Grants are unaffected but various other grants are being reduced. Appendix 1 is a table giving a breakdown of the total by funding stream, at the national level.

2.2 Ministers have stated that they think it is fair that local authorities make a contribution to savings in 2010/11. As with Government departments their stated expectation is that local authorities are able to make savings from efficiency measures and where necessary reducing spending in areas that are a lower priority to their communities

2.3 The Government has also announced its intention to remove much of the ring-fencing that currently applied to many grants, in order to give authorities greater flexibility in deciding on where to make savings. The Government has stated that the fact that certain grants have been chosen for reduction does not mean that the Government expects there to be a direct correlation between grant reductions and local authority budget changes.

3. Impact upon the Council

3.1 Initial details are available of how some of the reductions are allocated to individual authorities, and this report provides information on what is currently known, but there are still gaps in that information and only a partial picture can therefore be given here.

3.2 Some of the grant reductions included in Appendix 1 have not yet been allocated at all by Government (e.g. Housing Planning Delivery Grant), but indicative figures as to their potential impact upon the Council have been included in the information below based upon the sums included in the Council’s 2010/11 budget 3. The grant reductions that have been announced affect both revenue and capital. Figures that are currently known for Leeds are as follows:-

2 Page 86 3.3 Revenue Grant Reductions Reduction Note £m

Department fo Education ( Area Based Grant) 5.082 1 Supporting People (ABG) 0.393 2 LEGI (ABG) 0.912 3 Prevent (ABG) 0.084 Road Safety Revenue (ABG) 0.841 4 Home Office (ABG) 0.100 Sub Total (ABG) 7.412

Housing Planning Delivery Grant 0.900 5 LAA Reward Grant 3.250 6 Local Authority Business Growth 0.628 Incentive Scheme (LABGI) Total 12.190

Notes

1. This represents 24% of the Council’s total ABG grants allocated from the Department for Education. Further analysis of the education schemes currently funded by this grant is attached at Appendix 2.

2. The whole of the Supporting People admin grant of £393k has been cut from the ABG. This is a grant for the administration of the Supporting People programme of £31.981m.

3. This is a reduction against the revenue budget of £3.9m in 2010/11.

4. This is a revenue grant for all the West Yorkshire Districts, the Leeds element of the cut is approximately £280k.

5. No indicative local allocations have been received yet. Leeds received £1.453m in 2009/10, and included in the 2010/11 budget is £0.9m based on a lower national pot.

6. For 2010/11 this refers to LPSA2 reward grant. The Leeds reward grant has been agreed at £13m, of which 50% is revenue and 50% capital. CLG have now confirmed that authorities will receive only 50% of the value of any targets achieved. The Council has already received the first instalment of 50% (£6.5m), but there will now be no second payment.

3.4 Capital Grant Reductions

£m Integrated Transport Block 1.95 Primary Route Network funding 1.06 Road Safety Capital 0.70 LAA Reward Grant 3.25 Total 6.96

3 Page 87 3.5 The capital grant reductions for the first three represent a proportion, approximately a fifth, of the total grant under those headings.

3.6 It should be noted that the Department for Transport has made a statement 4 indicating that all schemes that were granted Conditional Approval or Programme Entry by the previous Government will be reviewed as part of the spending review. Until then, the Government can give no assurances on funding support for any of these schemes. Leeds will have schemes at this stage, and therefore the future funding relating to them is uncertain.

3.7 Nationally, PFI grants have been reduced by £160m from “underspends” and the West Yorkshire Integrated Transport Authority capital grant has been reduced by £12.48m although the implications for projects in Leeds are currently unknown.

4. Recommendations

4.1 Members are requested to note the contents of this report and request a detailed report to the July meeting on the implications for Leeds and options to meet the funding gap.

Background Documents

1 ‘Local Government’s Contribution to £6.2bn efficiencies in 2010-11’, Letter from DCLG to Local Authority Chief Executives, 10 th June 2010.

2 Speech by Chief Secretary to Treasury, Rt Hon David Laws MP, www.hm-treasury.gov.uk/press_06_10.htm

3 Revenue Budget and Council Tax 2010/11 – report to Executive Board 12th February 2010

4 ‘Transport: Local Authority Major Schemes’, Statement by Secretary of State for Transport, Rt Hon Philip Hammond MP, www.dft.gov.uk

4 Page 88 Appendix 1

Department for Education £m Revenue Reduction in the overall amount available to local authorities through Area Based Grant (ABG) from 311.0 DfE. Total DfE 311.0 Department for Transport Capital Integrated Transport Block 150.8 Major Projects 61.4 Yorkshire and Humber ITB transfer 23.5 Capital detrunking 6.8 PRN networking funding 5.9 Urban congestion fund 7.9 Road Safety capital grant 17.2 Total capital 273.4 Revenue Smaller grants, of which: 15.0 Kickstart 2009 5.0 Other funding support, as yet unallocated 10.0 Area Based Grant - Road Safety revenue grant 20.6 Total revenue 35.6 Total DfT 309.0 Communities and Local Government (CLG) CLG Departmental Expenditure Limit (DEL) Capital Housing Market Renewal 50.0 Gypsy & Traveller site grant 30.0 Total capital 80.0 Revenue Housing and Planning Delivery Grant 146.0 Connecting Communities 19.1 Other cohesion funding 5.0 Area Based Grant - Supporting People administration 30.0 Area Based Grant - Working Neighbourhood Fund 49.9 Area Based Grant - Local Enterprise Growth Initiative 17.5 Area Based Grant - Prevent 7.0 Area Based Grant - Cohesion 4.0 Total revenue 278.5 Total CLG revenue and capital 358.5

5 Page 89 Local Government DEL Local Area Agreement Reward 125.0 Local Authority Business Growth Incentives scheme 50.0 Total 175.0 Department for Environment, Food and Rural Affairs Capital Contaminated Land 7.5 Total 7.5 Home Office Revenue Reduction in the overall amount available to local authorities through Area Based Grants (ABG) from 6.0 HO. Total 6.0 Adjustment grant -1.1 Grand total revenue 805.0 Grand total capital 360.9 Grand total local government grant reduction 1,165.9

6 Page 90 Appendix 2

Area Based Grant (Department for Education Funded) 2010/11 Financial Year

1) Nationally, the Department for Education contrib ution toward the Area Based Grant has been cut in 2 010/11 by £311m, or 24%. The impact of this reduct ion in Leeds has been confirmed at £5.08m. 2) The analysis below identifies the total DfE fund ed Area Based Grant and also the potential impact o f the 24% reduction in funding.

3) Work is ongoing to analyse what services the fun ding supports in terms of direct staffing, services provided by the third sector and contributions to school budgets, etc. Work is also ongoing to deter mine the actual spend so far in 2010/11 and what commitments & contractual obligati ons exist.

Service ABG Stream ABG Allocation Initial Comment £

IYSS Connexions 6,529,176 Funds Information, advice & guidance servi ces provided mainly through contracts EL School Development Grant 5,161,270 Education School Improvement Services & Le arning Communities Early Years Children's Fund 2,092,599 Primarily funds contracts with the PVI sec tor IYSS Positive Activities for Young People 1,626,846 Funds various activities including employe es, voluntary sector, Breeze, etc Contributes to core activities in Children & Young People's Social Care & Personal Education Plans for CYPSC Care Matters White Paper 889,705 Looked After Children EL Extended Schools Start-Up Grants 870,003 75% funds the Extended Services central team and 25% is devolved to school clusters Funds the staffing structure transferred from the L SC in April 2010. Some savings already identified as

Page 91 DCSU LSC Staff Transfer: Special Purpose Grant 597,293 part of the 2010/11 budget monitoring DCSU Teenage Pregnancy 448,000 Funds the Teenage Pregnancy commissioning EL Primary National Strategy - Central 389,104 Funds School Improvement Employee Costs EL Secondary National Strategy - Central Co-ordinati on 332,961 Funds School Improvement Employee Costs EL School Improvement Partners 279,620 Funds employe costs EL Extended Rights to Free Transport 264,074 N&E Youth Taskforce 230,000 Managed within Environment & Neighbourhoods CYPSC Children's Social Care Workforce 226,279 Funds employee development & training progra mmes in CYPSC EL 14 - 19 Flexible Funding Pot 200,619 EL School Intervention Grant 187,100 Generally employee costs supporting schools EL Education Health Partnerships 161,344 EL Secondary National Strategy - Behaviour and Atten dance 125,800 Funds School Improvement Employee Costs EL January Guarantee 123,191 Additional places in post 16 provision DCSU Young Peoples Substance Misuse 95,835 Funds commissioned services LSCB Child Death Review Processes 95,823 Contribution to Local Safeguarding Children's Board City Dev School Travel Advisers 84,000 Managed in City Development EL Choice Advisers 71,801 Funds employee costs in Education Leeds City Dev Sustainable Travel - General Duty 51,222 Management in City Development CYPSC Designated Teacher Funding (for Looked After C hildren) 39,708 Used to fund training and back-fill in School s CYPSC Child Trust Fund 32,158 Funds Trust Funds for Looked After Children Total - DCSF funded Area Based Grant 21,205,531

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Page 92 Agenda Item 13

Originator: D Meeson

Tel: x74250

Report of the Director of Resources Executive Board Date: 22 nd June 2010

Subject: FINANCIAL PERFORMANCE – OUTTURN 2009/10

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

x (Details contained in the report)

EXECUTIVE SUMMARY

Executive Summary

This report presents the Council’s financial performance for the year ending 31 st March 2010, prior to the approval of the annual accounts by the Corporate Governance and Audit Committee and external audit scrutiny.

As previously reported to Executive Board, the economic downturn has had a significant impact and a number of General Fund services have faced significant financial pressures during the year. The overall position is an overspend of £3.2m, an improvement of £3.5m from the position reported at quarter three. This will require the use of £3.2m of general reserves which means that general fund reserves will be £16.0m at the end of 2009/10. Spending variations are fully explained in the individual directorate reports which are attached to this report.

Variations within the Housing Revenue Account (HRA) have resulted in a small overspend of £0.1m. After a net transfer from earmarked reserves of £1m the general reserve now stands at £4.6m. Full details of the variations and the contributions to reserves are contained in the HRA report attached.

Spending on capital investment was £43.8m less than programmed. An underspend of £35.8m relates to general fund services and an underspend of £8.0m on the HRA.

Other areas of year end financial performance reported include schools reserves, subsidiary companies, the collection of local taxation and sundry income, and the prompt payment of creditors.

Page 93 1.0 Purpose of this report

1.1 This report sets out for the Board the Council’s financial outturn position for 2009/10, both revenue and capital, and includes the Housing Revenue Account. The report covers revenue expenditure and income compared to the approved budget and also reports on the outturn for Education Leeds and ALMOs.

1.2 The report also highlights the position regarding other key financial health indicators including Council Tax and NNDR collection statistics, Sundry Income, and prompt payments.

1.3 The 2009/10 Statement of Accounts will be presented to the Corporate Governance and Audit Committee for approval by the 30 th June 2010 and the report of the auditors will be referred back to that Committee in due course.

1.4 Following approval by Committee, in accordance with the 2009 Audit and Accounts Regulations, the Accounts will be available for public inspection for 20 days from the 30th June 2010.

1.5 Following completion of the audit, as in previous years, it is intended to provide information through the About Leeds newspaper in support of the Council’s commitment to engage citizens.

1.6 Executive Board, as in previous years, are asked to consider the financial performance of the Council during the year and approve the creation and usage of the Council’s reserves.

1.7 It should be noted that in accordance with proper accounting practice, any significant event which occurs prior to the audit sign - off of the accounts in September 2010, could impact on the Council’s final published outturn position. For example a court ruling which increases the council’s liability for an insurance claim would require further expenditure to be charged to the income and expenditure account and would affect the amount transferred to general reserves. This is known as a post balance sheet event. Should such an event occur, this will be reported back to Corporate Governance and Audit Committee as part of the approval of the final accounts, and reported back to this Board at the earliest opportunity.

2. Background Information

2.1 Members will recall that the net budget i for the general fund was set at £556.8m, which was not supported by the use of any general fund reserves. As a result, the level of general fund reserves at 31 st March 2010 were estimated to remain at £12.0m when the budget was agreed.

2.2. The report on the 2008/09 Statement of Accounts, presented to Corporate Governance and Audit Committee ii on 30 th June 2009, highlighted that the net contribution to general fund reserves was £4.6m in excess of the budget bringing the level of general reserves up to £16.6m.

2.3. A subsequent report on 30 th September iii gave details of a number of insurance claims which had been settled or where further circumstances had come to light which required the insurance provision at the end of 2008/09 to be amended. The result of these post balance sheet events was to increase the insurance provision by £469k, resulting in a corresponding reduction in general reserves to £16.1m. 2 Page 94 2.4. The reserves also included a claim for overpaid VAT within Sport giving a potential refund of £6.3m. In view of the unknown final outcome of the VAT claim at the time, and the uncertain economic circumstances, it was agreed that the Council should maintain a higher level of reserves than the minimum required. The VAT refund has now been received.

2.5. Under current accounting practice, Councils have an option as to whether they capitalise the interest cost on debt associated with an asset under construction. The purpose behind this option is that upfront interest costs do not become prohibitive when authorities are building assets over a long period. If the interest is capitalised then the cost will be incurred when the asset becomes operational. As the Council has a number of assets under construction, with significant interest cost, the decision was made to exercise the option in 2009/10. This decision resulted in a £0.6m saving on the in year cost of debt. As this decision is technically a change in accounting policy it is a requirement of accounting practice that comparator figures for the preceding period are also adjusted. With the agreement of KPMG, this prior period adjustment has resulted in further capitalisation of interest of £3.1m which had previously been charged to revenue. Consequently, as at the 31 st March 2009 the carrying value of the General Reserve has been amended and now stands at £19.2m, with a corresponding increase in the carrying value of the Council’s debt.

3. General Fund Outturn

3.1 The 2009/10 financial year has again presented a significant challenge, with the Council having to meet increasing cost pressures, generate efficiencies and maintain key front line services whilst dealing with the impact of the economic downturn.

3.2 However, through careful financial management and some significant contributions from earmarked reserves, it has been possible to contain the overspend to £3.2m at outturn compared to the budget. Although spending variations are fully explained in the individual directorate reports which are attached to this report as Appendix 1, a number of significant factors have contributed to the final position:

3.3.1 Income Variations

The economic downturn has had a significant effect on income levels in 2009/10. Within the City Development directorate there was a shortfall of £4.7m from a number of external income sources, including planning and building fees, Recreation, Libraries Arts and Heritage and commercial rental income. Other net variations within the directorate of £1.0m partially offset this. Within Environment and Neighbourhoods, a shortfall in car parking income amounted to £700k. In addition, the 2009/10 budget included income from Section 278 schemes of £5.2m, compared to the outturn of £2.6m, again reflecting a slowdown in development activity.

Additional income has been generated within Adults Social Care with a one-off grant contribution for neighbourhood networks of £0.4m towards the city wide scheme.

There is a projected loss income of £827k within the Jobs and Skills service, primarily work based learning grant.

3 Page 95 3.3.2 Demand Variations

Externally provided placements, both residential and with independent fostering agencies, have continued to be a major pressure on the Children’s Services budget costing £5.7m more than budget.

Increased pressure on the budget for Community Care packages resulted in increased costs of £8.2m, mainly reflecting residential and nursing care placements being £4.2m higher than budgeted and £3.8m for independent sector domiciliary care for which demand has increased.

3.3.3 Staffing

The overall staffing projection is a net saving of £2.5m. However £2.2m of this related to pay award savings as the 2009/10 budget provided for 2% with the settlement being 1.25% for NJC workers and 1% for higher grades. In addition, staffing savings of £2m relate to the industrial action in Streetscene, but these are offset by the use of contractors and other costs relating to the action.

In 2009/10, 285 members of staff left on VER/Severance. The full cost of these VERS (direct and capitalised over 5 years) is £10.9m. The direct costs amount to £4.7m, of which £2.5m has been met corporately and represents an overspend on the Early Leavers Initiative fund.

The total salary cost of staff who have left is £9.1m. Of the 285 staff who have left, it has been confirmed that 251 posts have been deleted, although 10 posts have been deleted at a different grade.

3.3.4 Other

Debt savings of £4.9m have been achieved during the year through proactive treasury management, taking advantage of the continued low short term interest rates. £1.5m of this was approved at the half year stage to fund part of the early leavers initiative overspend.

An additional £2.2m of expenditure that should more properly classed as capital expenditure was capitalised to partially offset the shortfall in section 278 income.

Additional earmarked reserves amounting to £1.8m have been identified, £0.9m from the capital reserve and £0.99m from the supporting people contingency.

The budget held centrally for contingencies allocated £3.5m to fund directorate pressures which represents a saving of £0.6m. A full list of releases is provided at Appendix 2.

4 Page 96 3.4 The following table provides a summary of variations by directorate:

Original Latest Outturn Variance Directorate Estimate Estimate (LE) from LE £m £m £m £m Adults Social Care 176.0 177.7 185.4 7.7 Children's Services 147.0 146.4 149.2 2.8 City Development 76.8 75.1 77.9 2.8 Environment & Neighbourhoods 73.8 74.4 74.4 0.0 Central & Corporate functions 73.9 74.5 72.4 -2.1 Sub-Total 547.5 548.1 559.3 11.2

Strategic Services Joint Cttees and Other Bodies 35.5 35.5 35.4 -0.1 Housing Benefits 2.3 2.1 -0.4 -2.5 Debt charges 53.1 51.6 48.2 -3.4 Early Leavers Initiative 0.0 1.5 2.5 1.0 Section 278 -5.2 -5.2 -2.6 2.6 Capitalisation -3.7 -3.7 -5.9 -2.2 Use of earmarked reserves -18.2 -18.4 -20.2 -1.8 Contingency Fund 4.1 4.1 3.5 -0.6 Area Based Grant income -48.2 -48.6 -48.6 0.0 Other Strategic accounts -4.1 -3.9 -4.9 -1.0 Net cost of Directorate Spending 563.1 563.1 566.3 3.2

3.5 It is proposed that a contribution from reserves is made to cover the overspend of £3.2m. This will leave a balance at 31 st March 2010 of £16.0m, as shown below:

2009/10 Original General Fund Reserve Estimate Actual £m £m

Balance at 31.3.09 12.0 16.1 Prior Year Adjustment 3.1

2009/10 overspend 0 -3.2

Balance carried forward at 31.3.10 12.0 16.0

3.6 The minimum level of reserves as required under the Council’s risk based reserves policy is £12m. However due to the continuing financial pressures being faced by the Council, it is proposed to review this level and to seek to enhance the General Fund Reserve as soon as possible in the new financial year.

3.7 A full statement of all Reserves can be found at Appendix 3.

4. Housing Revenue Account

4.1 Variations within the Housing Revenue Account (HRA) have resulted in a small overspend of £0.1m. After a net transfer from earmarked reserves of £1m the general

5 Page 97 reserve now stands at £4.6m. Full details of the variations and the contributions to reserves are contained in the HRA report attached.

5. Capital Programme

5.1 The approved February 2010 Capital Programme iv estimated capital expenditure in 2009/10 to be £285.4m, £223.4m for the general fund and £62m for Housing. Resources were estimated to be sufficient to fund this level of expenditure.

5.2 The actual capital expenditure in 2009/10 is £241.6m as detailed below.

5.3 General Fund Capital Spend

5.3.1 The following table shows the in year actual expenditure against estimate:

General Fund Feb 10 Estimate Outturn Variation (outturn Estimate (Adjusted) to Adj Est )

£000, £000, £000, £000, % City Development 80,943 82,689 69,133 -13,556 -16.4 Children’s Services 11,243 11,243 9,342 -1,901 -16.9 Environment & Neighbourhoods** 24,857 26,486 23,272 -3,214 -12.1 Adult Services 3,728 4,095 3,055 -1,040 -25.4 Strategic Accounts 24,077 15,782 15,903 121 0.8 Education 64,397 64,568 46,653 -17,915 -27.7 Central & Corporate Functions 14,590 18,844 16,294 * -2,550 -13.5 Central Accounts*** 0 0 3,840 3,840 100.0

Reserve schemes (includes SDF) -454 -454 0 454 -100.0 Total Spend 223,381 223,253 187,492 -35,761 -16.0

* Central and Corporate includes spend of £4.6m relating to Equal Pay costs. ** Environment & Neighbourhoods excludes £47.7k estimate and actual 2009/10 spend of £1.131m relating to the Golden Triangle project, a housing partnership arrangement involving Leeds, Harrogate and York councils. *** £3.840m of interest costs have been capitalised in respect of assets under construction. These costs relate to assets under construction at 31 March 2009 and/or 31 March 2010. The interest costs reflect a change in the Council’s accounting policy for 2009/10 but in order to ensure compliance with external financial reporting requirements the calculation has to cover both the 2008/09 and 2009/10 financial years.

Funding for the vehicle and equipment programmes was included in Strategic Accounts provision in the February 2010 estimate but has since been distributed to and reflected in the adjusted estimate figures for the respective services. £80k of funding provision included in the Feb 2010 estimate for the vehicle and equipment programmes, has been transferred from General Fund to HRA and is also reflected in the adjusted estimate column.

6 Page 98 The outturn figures for the Strategic accounts includes £6m of eligible general capitalised expenditure transferred from department’s revenue accounts. This outturn figure is £2.3m greater than the February 2010 general capitalisation provision of £3.7m.

5.4 Housing Revenue Account Capital Spend

5.4.1 The following table shows the in year actual expenditure against estimate:

HRA Feb 10 Estimate Outturn Variation (outturn Estimate (Adjusted) to Adj Est ) £000, £000, £000, £000, % Strategic Landlord 3,611 3,611 4,138 527 14.6 ALMOS 58,432 58,512 49,993 -8,519 -14.6 Total Spend 62,043 62,123 54,131 -7,992 -12.9

5.5 Capital Resources

5.5.1 Capital resources to fund the programme have varied. Capital receipts achieved totaled £12.2m, including useable capital receipts from right to buy sales of £1.8m.

5.5.2 As in previous years, resources have been used for the HRA and general fund programmes to arrive at the most cost effective funding mix for the overall capital programme. £3.9m of HRA capital receipts have been utilised by General Fund (£3.5m of which will be repaid to HRA reserves in future years).

5.5.3 Overall capital receipts are 20% lower than 2008/09 due to the continued economic downturn and reduction in property values affecting sales values and the actual number of disposals.

5.5.4 ALMO’s are having to use their accumulated and in year MRA resources in order to fund their programmes along with their Supported Capital Expenditure (SCA) allocations. In addition the HRA has utilised £6.1m of reserves and revenue contributions in order to support the overall HRA programme.

Details of the overall expenditure and financing position are shown below:

£m Net Capital Spend 241.6

Financed by

Specific Grants and Contributions 89.9 Capital Receipts 12.2 MRA 37.2 Borrowing 95.7 Revenue Contributions \ Reserves 6.6 Total Funding 241.6

7 Page 99 6.0 Schools

6.1 The outturn on the Individual Schools Budget for 2009/10 was:

OUT O utturn £m Latest estimate 370.0 Outturn 366.7 Variation (3.3) Schools Reserves Balance Brought Forward 13.8 Net Contribution to Reserves 3.3 Balance Carried Forward 17.1

Extended Services & Partnerships Balance Brought Forward 3.9 Net Contribution to Reserves 0.3 4.2 Balance Carried Forward

6.2 As can be seen from the above table, mainstream school reserves stand at £17.1m. As schools are funded from the Dedicated Schools Grant, the balances are ring fenced and must be carried forward. Extended Services & Partnerships reserves amount to £4.2m.

6.3 However, the cost of Voluntary Early Retirements are funded by borrowing against mainstream school reserves and repaid over a 5-year period. During 2009/10 , £1.9m has been repaid. The total amount still awaiting repayment amounts to £1.7m.

6.4 Prior to 2008/09 , development costs of PFI funded BSF schools had been funded initially by borrowing from mainstream school reserves with repayment made over the life of the PFI contracts. Such borrowing had a cumulative total of £2.5m. The borrowing strategy was revised for 2008/09 onwards whereby PFI development costs have been initially funded by borrowing from school balances with repayment being made over a ten year cycle. In 2009/10, £1.1m was borrowed to fund PFI development costs and £0.1m repaid. At the close of the year, net remaining PFI and BSF borrowing amounted to £4.8m.

6.5 Taking account of the £1.7m net VER borrowing (para 6.3) and £4.8m BSF borrowing (para 6.4), the net mainstream schools reserves position is £10.6m as at 31 st March 2010.

6.6 The Dedicated Schools Grant (DSG) is a ring-fenced grant, consequently any net savings on the Central Schools Budget (CSB) services funded from DSG are carried forward as an earmarked reserve and are available to fund Schools Budget activity in future years. At the close of 2009/10 CSB reserves amounted to £2.5m ( £4.3m in 2008/09 ), primarily due to savings against Schools Contingency, contract payments to Education Leeds for the delivery of CSB services and Recoupment.

8 Page 100 7. Other Financial Results

7.1 Education Leeds

7.1.1 Education Leeds have reported their draft financial position for 2009/10 which is subject their Board’s approval and external audit scrutiny. This shows a surplus of £0.4m and leaves the company with accumulated surpluses of £2.5m at the close of 2009/10. Projected levels of operating surpluses were taken into account when determining the contract value for 2010/11 and it was agreed to utilise £0.5m of operating surpluses to support the 2010/11 budget. The operating surplus will transfer to the Council following the cessation of the Education Leeds contract at 31 st March 2011.

7.2 ALMOs

7.2.1 Overall the three ALMOs made a provisional surplus of £8.2m for the year. This overall in year surplus leaves Reserves at £31.9m as at 31 st March 2010. Included in this figure is £29.8m in respect of FRS17 pensions giving a general reserve position of £2.1m (£10.9m as at 31 st March 2009).The level of useable reserves has fallen despite the in year surplus due to a significant deterioration in the FRS 17 liability.

7.2.2 The figures reported above are provisional and subject to audit, approval of the ALMO boards and, in the case of East North East Homes, final FRS 17 figures from the actuary.

7.3 Grand Theatre

7.3.1 The Leeds Grand Theatre and Opera House Ltd made an operating deficit of £105k before accounting for the FRS17 adjustment, leaving the company with an unrestricted funds reserve of £4k as at 31 st March 2010. The impact of the £733k FRS 17 adjustment produces an in year deficit of £838k and a funds deficit of £729k.

8 Other Financial Performance

8.1 Local Taxation

8.1.1 The performance statistics for the year in respect of the collection of local taxation are as follows :-

2006/07 2007/08 2008/09 2009/10 Leeds Leeds Leeds Leeds Actual Actual Actual Actual Council Tax collection 96.4% 96.4% 96.3% 96.5% Non Domestic Rates 98.6% 98.7% 97.7% 97.8%

8.1.2 The figures for both Council Tax and Non Domestic Rate collection show an increase in collection rates from the previous year. The council tax figure is the best collection figure since the introduction of council tax. The current economic climate is still affecting the collection of non domestic rates with companies finding it difficult to make payment. In many cases payment arrangements have been made which go

9 Page 101 beyond the end of the financial year. In addition some companies have taken advantage of the Government’s deferral scheme. 8.2 Sundry Income

8.2.1 The collection of current year debt and arrears has reduced from 90.7% in 2008/09 to 89.2% in 2009/10. The reduction is mainly due to one account for £1.6m, arrangements had been made for this account to be paid before the 31 st March, but in fact payment wasn’t received until 8 th April.

8.2.2 In respect of the current year debt only, the net amount collectable was £128.0m with a balance outstanding of £13.6m at 31st March 2010. The total cumulative debt outstanding is £14.8m.

8.3 Prompt Payments

8.3.1 The outturn for the year was 88.17% (against a target of 92%) of undisputed invoices paid within 30 days, an increase in performance of 4.67% compared to 2008/09.

8.3.2 The total number of invoices processed in the year which met the prompt payment criteria was 574,775. After accounting for 9,747 invoices in query with suppliers, 497,176 were paid within 30 days, leaving 67,852 paid after 30 days.

8.3.3 Overall 94% of the authority’s invoices were paid within 40 days and 100% of small suppliers were paid within 20 days. The work supporting an increase in the use of Procurement Cards, the council’s preferred method of payment, increased spend by this method to £4.47million; a 53% increase compared to our 2008/9 spend (year end result £3.1million). Further work identifying how to increase the use of procurement cards will take place over the next year which should enable improvements in the council's performance in this indicator.

8.3.4 Although the target has not been met based on the end of year position, performance has significantly improved, with performance in April exceeding 90%.

9. Recommendations

Members of the Executive Board are asked to:

9.1 Note the contents of this report

9.2 Agree contributions to, and the use of, HRA reserves as outlined in the HRA report.

Background Documents i Revenue Budget report 2009/10 Executive Board 13th February 2009 ii The Statement of Accounts 2008/09 – report to Corporate Governance and Audit Committee 30 th June 2009 iii Audited Statement of Accounts and the Use of Resources Assessment 2008/09 30 th September 2009 iv Capital Programme report to Executive Board 12 th February 2010

10 Page 102 Appendix 1

ADULT SOCIAL CARE

2009/10 OUTTURN POSITION

Introduction

• This report sets out the 2009/10 outturn position for Adult Social Care and provides an explanation of the significant budget variations.

Overall Position

• 2009/10 was a very challenging year financially for Adult Social Care. The budget included substantial realignment of resources to support key priorities and significant planned savings in order to deliver them within the overall resources available.

• The outturn position is a net overspend of £7.7m on the net managed budget compared with the Latest Estimate. Budgeted savings totaling £7.7m were achieved in 2009/10, but slippage against the budgeted total impacted on the overall outturn position.

Outturn Explanation

• Residential and Nursing Care Placements Residential and nursing care placements are £4.2m higher than budgeted, of which £1.8m relates to nursing placements. Substantial savings were included in the 2009/10 budget, mainly to reflect the impact of revised criteria for fully-funded NHS care, but the projected overspend reflects these savings being over-ambitious. The remainder relates mainly to increased placement numbers in residential care during 2009/10 that were not anticipated when the budget was set. This in-year increase is partly due to more people coming forward for council funding having depleted their own financial resources and partly reflects more people being placed in independent sector rather than directly-provided homes. Pressures within the health service due to the impact of adverse weather conditions in January, re-opening of ward closures due to infection control and intermediate care services working at over-capacity have impacted on placement numbers.

• Domiciliary Care The independent sector domiciliary care projection is £3.8m higher than budgeted. The majority relates to lower referrals to the in-house service as it continues to downsize and work towards a new service model. In addition, demand has increased since the budget was set and for 2009/10 the hours of service requested were 8.6% higher than for 2008/09. Reduced waiting lists for care since the 2009/10 budget was set, which has improved the quality of service provided and facilitated timely discharges from hospital and intermediate care beds, has also had a financial impact.

• Direct Payments Directs payments expenditure reflects the extent to which customers choose to receive their services as a cash payment rather than through traditional services. This expenditure is £0.6m higher than budgeted for 2009/10. The directorate is on target to achieve its 2009/10 target for direct payments and individual budgets offered in 11 Page 103 year, although the projected overspend on this budget indicates that more people are opting for cash payments than was assumed when the budget was set.

• Learning Disability Pooled Budget The Council’s contribution to the pooled budget was £0.4m less than budgeted, mainly due to fewer than budgeted residential and nursing placements. This reflects improved contracting arrangements and increased support being provided to enable people to remain in their own homes.

12 Page 104 CHILDREN’S SERVICES: 2009/10 BUDGET

2009/10 – OUTTURN POSITION

Introduction

This report sets out the 2009/10 outturn position for Children’s Services and provides an explanation of the significant budget variations.

Overall Summary

Overall, the outturn position for Children’s Services is an overspend of £2.8m against a budget of £146m. There were a number of significant challenges and budget pressures during 2009/10, particularly in Children & Young People’s Social Care (CYPSC) which have been partly mitigated by savings in other areas of Children’s Services. Over the course of the financial year, the budget and spend have been prioritised according to risk and service demands with a continuing emphasis on supporting service improvement and on resourcing front-line child protection services and services for looked after children and children in need.

Explanation of the significant variations

Within the overall Children’s Services budget the individual service position was;

Outturn Service Variation Over/(under) £m Children & Young People’s Social Care 7.5 Early Years (3.8) Integrated Youth Support Service (incl. (0.5) Youth Offending Service) DCS Unit & Central/Strategic Budgets 1.5 Education (1.9) Total – Children’s Services 2.8

In line with other local authorities, there was significant pressure in CYPSC in terms of service transformation, increased referrals and increased costs. The main financial pressures continue to be in the externally provided residential and fostering placement budgets. The spend on independent sector fostering placements was £3.1m above the budget which was due to a significant increase in the number of children & young people placed with external fostering agencies. At March 2010, there were 144 placements which is 112 more than budgeted. Another key pressure was in the externally provided residential budget which outturned at £2.6m more than the budget, again due to an increase in the volume of placements. Across CYPSC, there was also additional pressure on the client transport budget and also around slippage on some of the budgeted action plans, for example the corporate review of employee travel policies, procurement efficiencies and delivery of the potential efficiencies from reducing the level of sickness absence.

The underspend on the Early Years budget was focussed mainly on the employee budgets (£2.1m) and largely across the Children’s Centres. There were also

13 Page 105 underspends on rents and utility costs which were mitigated in part by additional costs around cleaning and legal costs. In 2009/10 the service restricted spending on non-essential costs which resulted in savings on office-related budgets, furniture & equipment and IT-related expenditure. There was also a shortfall on the budgeted nursery fee income which was offset through maximising external grant funding and income and also through additional Nursery Education Funding.

An issue has emerged around two grants from the Department for Education for the Early Years service going back to 2004/05 and 2005/06. In both these instances the Department for Education are disputing that these grants are due to the Council. Discussions are ongoing in respect of both of these issues and although the latest response from the DfE is not positive, our intention is to continue to strongly pursue this funding. Therefore the accounts reflect the assumption that these grants will be received.

The £1.5m overspend on the DCS/Central & Strategic budgets related in the main to slippage against some challenging targets around the delivery of efficiencies from service transformation and in particular the application of strategic commissioning, the development of integrated working at a locality level and by reviewing and rationalising back-office and support functions. Whilst progress has been made against these objectives, the outturn position recognises that there will be slippage on the delivery of these budgeted efficiencies into 2010/11.

The £1.9m underspend around the Education budgets related mainly to the agreement by the Education Leeds Board to release of £1.5m of its operating surplus to support priorities across Children’s Services, in addition to the release £250k of grant balances from previous financial years.

14 Page 106

CITY DEVELOPMENT

2009/10 OUTTURN POSITION

Introduction

This report sets out the 2009/10 outturn position for City Development and provides an explanation of the major variations.

Overall Position

The actual outturn position for City Development is a net overspend of £2.8m against the Latest Estimate in terms of the controllable budget.

The continuing difficult economic conditions during 2009/10 have had a major impact on the income earned by the Directorate. The shortfall in key income sources across the Directorate amounts to £4.7m. The impact of the revision to job evaluation outcomes in Sport and Active Recreation is also a major cause of the projected overspend with additional staff costs of just under £1m being incurred over the original staffing budget in 2009/10. These pressures have been partially offset by savings in running costs.

Income Variations

As projected all year, external income across the Directorate has been lower than was anticipated at the time the budget was set. The most significant problem has been planning and building fee income which continued to be below budgeted levels throughout most of the year. The overall shortfall on planning and building fee income being just over £1.9m. Other income shortfalls include £0.5m on commercial property and markets rental income, £0.3m of which is related to the Sunday Car Boot Market which was closed in January. The shortfall on Recreation Services is £1.6m which includes £1m on Sport and Active Recreation, £0.5m on Parks and Countryside and £0.1m on Cemeteries and Crematoria. Income in Libraries, Arts and Heritage was £0.3m below budget due to reduced income from libraries, museums and venues.

Reduced workloads for Architectural Design Services means that there is a shortfall in income of £0.5m against the budget.

A higher Housing & Planning Delivery Grant settlement of £1.45m for 2009/10 provided additional income of £0.7m over the budget and has helped partly offset the shortfall in planning and building fee income.

Other income variations amount to net additional income of £0.4m, mainly due to higher fee income in Highways and Transportation and additional external contributions in Economic Development.

Staffing

The overall overspend on staffing is just under £1.5m. This includes £0.9m for the estimated additional costs of job evaluation in Sport. This cost, which includes the payment of backpay to April 2007, was not anticipated at the time the budget was

15 Page 107 set. Additional costs have also been incurred from one off pension costs resulting from Early Leaver Initiative (ELI) business cases recently approved. A total of 78 ELI business cases have been approved in 2009/10. The majority of the costs relating to these business cases have been funded corporately but approximately £0.3m has been funded by the Directorate and this is reflected in the overall overspend on staffing.

Throughout the year staffing levels have been closely managed with levels in all services being reduced. Through these measures the Directorate has achieved a significant element of the £3m saving target included in the 2009/10 budget.

Operational Budgets

To offset the pressures on income operational budgets have been closely managed with savings identified and realised in all services. Overall savings of £2.4m have been achieved on running costs. Savings in Highways and Transportation include a saving of £1m in the highways maintenance budget due to the capitalisation of revenue expenditure and savings on the Street Lighting contract. These savings have been partly offset by additional expenditure on Winter Maintenance and energy costs.

Across the Directorate savings in supplies and services amount to £0.7m and £0.9m for premises costs. These include savings in general Directorate running costs and other savings in Economic Development and Planning and Sustainability.

16 Page 108 ENVIRONMENT AND NEIGHBOURHOODS

2009/10 OUTTURN POSITION

Introduction

This report sets out the 2009/2010 outturn position for the Environment and Neighbourhoods Directorate and provides an explanation of the major variations.

The actual outturn position for Environment and Neighbourhoods reflects an underspend on the net managed budget of £31k.

Housing Services (£1,044k Cr)

The variation is largely due to the identification of appropriate charges of £798k to the HRA for medical rehousing, CareRing and staff implementing Section 6 of the 1996 Housing Act. Also within Housing Services further variations of £254k have arisen largely due to a combination of the rescheduling of the programme for the upgrade of CareRing equipment and additional income for the sheltered housing service following the revision of the Supporting People contract.

Roseville (£205k Dr)

The overspend relates to a combination of additional staffing costs including pension charges (£108k) and activity levels for doors production being much lower than anticipated prior to the factory closure (£97k). The door factory closed at the end of September 2009 and the budget for 25 disabled staff (23.24 fte) transferred to the Resources Directorate.

Community Safety (£219k Cr)

The underspend is mainly due to slippage in spend on the CCTV digital upgrade resulting in savings on the budgeted borrowing cost and opportunities to maximize grant funding available.

Regeneration/ Area Management (£32k Dr)

Additional expenditure on the Revenue Area Wellbeing (£397k) was largely funded by a combination of savings from vacant posts (£265k) and additional income (£100k).

Jobs & Skills (£1,642k Dr)

Within Jobs and Skills, residual staffing issues, following the implementation of a major restructure, has resulted in a £441k pressure and in addition there is a loss of income of £827k primarily for work based learning. Furthermore, within Jobs & Skills, the disposal of 1 Eastgate, which has taken longer than anticipated, has resulted in additional costs of £253k and additional premises costs have also been incurred for the Rise building and Leeming House (£102k).

17 Page 109 Community Centres (£71k Dr)

A reduction in income has been partially offset by reduced running costs associated with caretakers and utilities.

Refuse Collection Service £7k Dr

Pay savings totalled £1,968k, the vast majority of which were as a consequence of the industrial action. There were also significant fuel savings of £315k, of which £250k arose during the period of industrial action.

These savings contributed towards offsetting the additional cost of using contractors during the dispute £2,349k and additional communication costs incurred of £254k.

Vehicle costs were underspent by £107k with more efficient use of the fleet, especially around the utilisation of back up vehicles, offsetting additional expenditure on repairs. Higher than budgeted for fuel prices were contained within budget by a reduction in the overall volume of fuel used.

A reduction in expenditure across all other areas of the budget realised further savings of £170k and additional income of £45k, mainly from contract management brought the overall budget back into balance.

Street Cleansing (£478k Cr)

An underspend on staff costs of (£355k) was mainly due to the 12 weeks of industrial action occurred. This was partially offset by additional use of contractors within the City Centre £84k.

There were further reductions in other expenditure of (£210k), of which savings on fuel (£40k), weedspraying (£48k) and other transport costs (£31k) constitute the largest elements. The balance of £34k being the savings arising from the cessation of non essential spend.

Anti-Graffiti and Public Conveniences (£176k Cr)

Due to delays in the implementation of a Public Conveniences strategy, there was a saving of (£70k) on the budget provided for automatic PCs in the City Centre, plus staffing saving of (£84k) within the Graffiti service which arose as a result of vacant posts.

Other minor variations contributed a further £20k saving.

Waste Operations £165k Dr

Additional expenditure on Security at Waste Sites of £89k was incurred and this was mainly due to a combination of repeated incidents of vandalism at Gamblethorpe. There was also the need for additional cover during the strike.

In order to maintain the availability of recycling facilities citywide, additional expenditure £89k has been incurred on the repairing of containers and compactors.

18 Page 110 Loss of contracts and a variation in usage resulted in a reduction in the level of income for Trade Waste (£196k), although savings on NNDR of £41k, following a revaluation at East Leeds, and savings on vehicle hire and lease costs of £100k mitigated these pressures.

Additional savings on non essential spend delivered a further £64k of savings.

Waste Strategy (£704k Cr)

Staff savings of £302k are largely due to delay in the implementation of the new Waste Management structure.

Total tonnage costs were in line with budgeted expectations at £14.1m and therefore there has been no requirement to utilise the Authority’s central contingency which contained provision for tonnage variations.

Slippage on advisor costs associated with the delivery of the Waste Management PFI has saved £207k whilst a saving of £80k in respect of Education Awareness also reflects slippage on the programme.

Higher than budgeted prices for recyclates (incl. scrap metal) during the year helped generate additional income (£180k).

Spend at Closed Landfill Sites was £45k lower than budget, mainly from contract maintenance savings and the cessation of non essential spend in the Division saved a further £28k.

All of these savings helped offset continuing reductions in net income received from electricity generation at Gamblethorpe Closed Landfill site of £142k.

Health and Environmental Action Service £437k Dr

The loss of income from the Energy Savings Trust for Fuel savers at £300k was the single biggest variation in the budget. Notification of the variation in grant receivable was received after the HEAS budget was agreed at Council in February 2009.

Variations in staffing costs (£99k), legal costs (£77k) and income receivable from pest control (£46k) were partially offset by savings in general running costs across the service (£84k).

Car Parking £126k Dr

There was an overall reduction in income which resulted from the impacts of the downturn in the general economy, as well as non implementation of budgeted developments and the severe weather in December / January.

Income receivable from property developers from the suspension of parking bays has reduced by £259k, whilst delays in the implementation of city centre bus lane enforcement has resulted in an income variation of £227k. Other income variations (£237k) reflect reduced patronage of car parking facilities and the non implementation of budgeted assumptions in respect of Sunday and evening car parking.

19 Page 111 Staff savings of £188k resulted from vacant posts whilst £418k of running cost savings were largely derived from reduced utility costs, car park maintenance and expenditure on IT and other equipment.

In addition further savings of £100k have been delivered from a review of support functions across the whole of Environmental Services.

20 Page 112

HOUSING REVENUE ACCOUNT

2009/10 OUTTURN POSITION

1. Introduction

This report sets out the 2009/10 outturn position for the Housing Revenue Account (HRA) and provides an explanation of significant budget variations.

2. Overall position

As shown in the following table the outturn position on the HRA is a small deficit of £73k. After transfers to and from earmarked reserves this leaves a surplus of £927k which has been added to the HRA General Reserve.

A number of factors have contributed to the year end position. These are as detailed in sections 3 and 4 below.

Latest Outturn Variance Estimate £000 £000 £000 Income Rental Income / Service Charges 167,960 170,456 (2,496) Housing Subsidy 31,133 28,124 3,009 Recharges 2,353 1,690 663 Other Income 23,555 21,075 2,480 Total Income 225,001 221,345 3,656

Expenditure Salaries and Wages 4,934 4,736 (198) Premises & repairs 1,491 1,328 (163) Supplies & Services 13,394 13,154 (240) Transport 112 131 19 Recharges 13,825 15,132 1,307 ALMO Management Fees 112,809 112,663 (146) Provisions 1,948 818 (1,130) Capital 76,027 73,456 (2,571) Total Expenditure 224,540 221,418 (3,122) Net (surplus)/deficit (461) 73 534 Transfer to PFI Sinking Fund 2,091 2,091 Transfer to (from) earmarked reserves (3,680) (3,680) Transfer to (from) Pensions reserve 461 589 128

Surplus 0 (927) (927)

21 Page 113

3. Key variances - Income

Rental income has exceeded the budget by £2,496k. This reflects improved void levels, higher levels of stock than anticipated due to reduced Right to Buy (RTB) sales, increased income from shops and miscellaneous properties.

Housing subsidy is less than budget due to capital charges being lower as a result of the reduction in the Council’s CRI rate. This reduction in subsidy is offset by a reduction in capital charges.

A review of the revenue contributions made by the General Fund to the Swarcliffe PFI project concluded that the contribution should be reduced by £445k pa. This, together with a shortfall in income from the ALMOs, for works managed by Property Management Services, has resulted in a £663k variation in recharges

The allowance to fund the borrowing associated with Decency is passported in full to the ALMOs. At year end the HRA is charged for all HRA/ALMO borrowing and the ALMOs pay back to the HRA the interest charges associated with the borrowing undertaken to fund works in their area. This is shown as “other income” in the HRA. The reduction in the Council’s average rate of interest has led to the ALMOs being charged a lower rate of interest than budgeted and is the main reason for the shortfall of £2,522k.

4. Key variances - Expenditure

The saving on salaries and wages (£198k) are as a direct result of not filling vacancies. Savings on premises are largely a result of Property Management Services vacating space not required at Landmark Court.

Savings in a number of areas: procurement of the Adtrader and printing contracts (£100k), market research (£28k), computer software (£261k), conferences, catering and office consumables ( £28k), offset by increased expenditure on the Swarcliffe PFI scheme has resulted in a net saving of £240k on supplies and services

Internal charges are higher due to a number of appropriate recharges from the General Fund for Care Ring and Medical Rehousing (£379k), Housing Strategy and Commissioning (£395k) and the emergency call out service (£65k). Other key variations include increased legal and development charges for the Little London, Beeston & Holbeck and Lifetime homes PFI schemes (£316k) and for the ASBU service (£49k).

The saving on ALMO Management Fees (£145k) is as a result of the incentive payments to the ALMO and BITMO being less than budgeted for.

The contribution to the bad debt provision is £1.1m less than budgeted. This is as a result of more tenants being in receipt of full or partial housing benefit.

The £2.6m reduction in the cost of capital is due to a combination of a reduction in the Council’s average rate of interest on debt, notional cash interest on HRA working balances plus a Revenue Contribution to Capital

22 Page 114 (RCCO) for decency works on the Woodbridge estate and the Housing ICT project.

5. HRA Reserves

The table below shows the movement on reserves in year together with the closing reserves position of £18,133k. Key points to note are as follows:-

• The in year surplus of £927k will be transferred to the HRA General Reserve, increasing this to £4,639k. • Earmarked reserves of £3,680k have been utilised in year. • Of the total reserves £10,947k is the Swarcliffe PFI Sinking Fund, with the balance of £7,186k being general/earmarked reserves. • The contribution to the Swarcliffe PFI Sinking Fund (£2,091k) is required to ensure that the project remains affordable throughout its life and can meet future contractor payments.

Reserves Opening Transfers Transfers Closing Reserves out in Reserves 1/4/2009 2009/10 2009/10 31/3/2010 £000 £000 £000 £000 HRA General Reserve 3,712 927 4,639 Future of Council Housing in Leeds 226 (136) 90 Contribution to Decency Targets 1,954 (1,881) 73 PFI Set up Costs (Structural Surveys) 150 0 150 Swarcliffe Environmentals 350 (58) 292 PFI Set up costs - Lifetime Homes 500 0 500 Purchase of New properties (EASEL) 1,193 (1,193) 0 Decanting and Demolition Costs 800 0 800 Underoccupancy pilot 300 (202) 98 Workforce Change (Property Management Services) 689 (209) 480 Holdsforth Place - land purchase 65 (1) 64

Sub Total 9,939 (3,680) 927 7,186

Swarcliffe PFI Sinking Fund 8,856 0 2,091 10,947

Total 18,795 (3,680) 3,018 18,133

23 Page 115 CENTRAL AND CORPORATE

2009/10 OUTTURN POSITION

Introduction

This report sets out the 2009/10 outturn position for Central and Corporate Functions and provides an explanation of the major variations.

Overall Position

Overall underspend of £2.1m. The most significant variations are described below:

Resources (underspend of £2,056k)

Support Services

Across the various corporate support services there was an overall underspend of £1,594k. The main reason has been careful management of staffing appointment plans as well as freezing of non-essential running cost expenditure from December 2009.

In terms of the service areas, Financial Services (inc the Business Support Centre) underspent by £556k, HR by £238k, Audit and Risk £207k and a further £262k within ICT. This situation has put pressure on service areas, for example the BSC have only been able to provide CRB checking due to diversion of staffing resource from the recruitment service. So too, ICT are facing increasing pressures in maintaining an ever growing ICT estate.

In 2008/09 the building maintenance budget (for all Council buildings) overspent by £0.6m. However as a result of concerted efforts from various services in Resources, expenditure in 2009/10 was contained within the available budget. In fact overall, the Corporate Property Management budget recorded an underspend of £342k, largely due to savings on pay.

Revenues and Benefits

As a result of an increase in court cost fees in January combined with a revision to the formula which allocates court fees into this account, additional income of £445k was generated compared to budget.

The cost of Housing Benefits administration came in £257k under budget due to staffing and running cost savings. The Student Support function continues to operate in respect of claims originating back to when the Council administrated the scheme, however savings of £143k (almost all staffing) were achieved in the year as part of a planned scale down of operations.

Trading Services

Following the 2008/09 outturn of a £1.2m shortfall in surplus compared to budget, the primary focus of the group in 2009/10 has been to ensure a significant improvement in financial performance. The key priority has been achievement of income, although realisation of cost efficiencies where possible have remained important within all trading areas. The overall result is an additional £74k surplus compared to budget.

In Property Maintenance, the budget relied on the realisation of a number of efficiencies in areas such as reduction in sickness as well as generating additional income. Significant

24 Page 116 internal resource has been employed in introducing enhanced financial controls as well as a new model of working with the Corporate Property Management service in 2009/10. The eventual outturn was £86k less surplus compared to budget.

The Catering function was another area where both cost and income pressures have been experienced right from the start of the year. Despite worse predictions during the year, the outturn was a shortfall of £147k.

Other areas faired much better in terms of achieving additional income and savings in areas such as the use of agency staff:

• Cleaning (additional £156k surplus) • Security Services (additional £104k surplus) • Fleet services (additional £47k surplus)

Public Private Partnership Unit

The Unit generated additional surplus of £157k due to savings on non-essential expenditure combined with additional income received in respect of work carried out for West Yorkshire Police.

Policy, Performance and Improvement (net overspend of £43k)

Due to additional pressures in Customer Services (mainly within the Corporate Contact Centre) required to meet the additional activity levels from customers due to the current economic climate combined with the delay in the introduction of Integrated Voice Recognition (IVR) an overspend of £110k occurred within Customer Services.

However this has been offset by an underspend in other areas totaling £67k, predominantly as a result of unfilled vacancies in the Communications Team.

Corporate Governance (net underspend of £94k)

Within Legal, Licensing and Registration, an additional £826k was spent on pay in the area of legal services to cater for increased demand from clients (this cost is recharged directly back to directorate clients). The gradual uptake in the housing market resulted in net additional income of £133k from an increase in the number of property searches.

There was an underspend of £37k in the Procurement Unit mainly due to the holding of vacancies. Democratic Services were also underspent (by £51k) the main factor being savings on running cost budgets, much of which was generated from a freeze on non essential expenditure.

HOUSING BENEFITS

The outturn shows a saving of £2,516k which is largely made up of:

• A saving of £1,821k compared to the budget due to a change in the methodology of calculating the bad debt provision. This reflects a revision to the provision for bad and doubtful debt relating to the overpayment of housing benefit. Each year a review of the provision required for ‘bad debt’ is carried out. Using collection trend data, the assumptions on collection of previous years’ debt outstanding have been revised

25 Page 117 meaning that the revenue account will benefit by £1,821k. This is a one-off gain in 2009/10 only. • Saving on actual Leeds Benefits Service costs of £257k, a combination of staffing and running costs as a result of the ‘freeze’ on non-essential expenditure. • £321k additional overpayments were identified during the year over and above the level assumed in the budget. • The balance of £117k is due to changes on benefits expenditure which does not attract 100% subsidy.

26 Page 118 STRATEGIC ACCOUNTS

2009/10 OUTTURN POSITION

Context

The Central Accounts include a variety of corporate budgets including central income, debt costs of the authority, contributions to Joint Committees and central efficiency budgets.

Overall Position

The outturn position variation against the Latest Estimate for Central Accounts is a net controllable underspend of £0.6m and an underspend on the costs of servicing debt of £4.9m.

Outturn Explanation

The major variances in net controllable income and expenditure were as follows:

• The amount of section 278 monies that were released to revenue was £2.6m less than had been budgeted for. This arose from a slowdown in development activity as a result of the general economic downturn. • During the year directorates faced pressures due to the Early Leavers Initiative. The £2.5m extra cost of this was funded partly by debt savings (£1.5m) with the unfunded balance (£1.0m) borne by Central Accounts. • The budget held centrally for contingencies allocated £3.5m to fund directorate pressures. This was £0.6m less than the Original Estimate. • An additional £2.2m of expenditure that should more properly be classed as capital expenditure was capitalised to offset the shortfall in section 278 income. This included capitalisation of spend relating to ongoing PFI schemes. • The authority used £0.9m from the capital reserve during 2009/10. • The Supporting People grant became part of the Area Based Grant in 2009/10 which effectively removed the ring fence for this account. A contingency of £990k which was set aside to support contract overspends has been used to reduce the Council’s projected overspend. Should this contingency be required in future years, arrangements will be made to ensure that contract overspends are supported. • During 2008/09, the authority made a claim to HMRC for VAT due dating back to 1974, in relation to sporting and cultural activities. £6.3m was accrued in the 2008/09 accounts, but due to the delays in settling the claim additional interest of £0.3m was received. • The final determination in respect of the LPSA allocated an additional £0.7m to the authority, which had not been anticipated. Of this sum £0.2m of this has been carried forward to be bid for by LAA partners.

The net saving of £4.9m in debt costs was due to savings in external interest costs (£9.0m) and in MRP chargeable (£1.0m). A £0.6m saving was also made by capitalising interest costs on assets under construction. This was partially offset by a £6.0m reduction in the statutory Item 8 charge to the HRA. £1.5m of the savings made were used to fund the Early Leavers Initiative, as agreed by Executive Board as part of the half year review.

27 Page 119 Appendix 2 Contingency Fund - 2009/10 Outturn

Budget Amount Variation Comments Released £000s £000's £000's Environment & Neighbourhoods Tonnes 700 0 -700 Reflects a reduction in the volume of waste DPE income - payment rates 338 338 0 Reflects average payment rate and PCN numbers being less than budgeted Sub-Total 1,038 338 -700

City Development Planning/Building Fees 400 400 0 100% released due to economic conditions Sport Income 100 100 0 Under achievement of income budget Transport Policy/Tourism income 25 -25 Not required Rental/Advertising Income 150 150 0 100% released due to economic conditions Surveyors/Legal fees 168 -168 Not required Advertising budgets (v211) 32 -32 Not required Feasibility budget 50 165 115 City Park feasibility £50k per Exec Board 13.2.09. Accommodation review phase 2 £92k, Flood Alleviation £ 23 k Travellers 100 59 -41 Travellers clean up costs Community Cohesion 80 -80 Not required Libraries 100 100 0 Challenging efficiency target only partly met Winter maintenance 150 150 0 Reflects 102 grits and 7 snow clearing days. Budget £ 1.305 m, actual £ 1.507 m. LDF 50 -50 Not required Sub-Total 1,405 1,124 -281

Central and Corporate functions LIFT 50 -50 Not required IT Business Transformation 350 72 -278 Maintenance charges for Customer Master Index Sub-Total 400 72 -328

Adults Social Care Independent Living PFI 300 139 -161 PFI procurement costs continuing care 750 -750 Not allocated to the directorate. Fulfilling lives 300 216 -84 Allocation of grants to vcfs organisations following development of business case Sub-Total 1,350 355 -995

Cross Cutting Gas/electricity 800 300 -500 Price came in on-line, £300k used to offset volume changes

Total Departmental Pressures 4,993 2,189 -2,804

Provision at 50% 2,497 2,189 -308

Items Provided at 100% Environment & Neighbourhoods Brunswick/Non closures of car parks 403 396 -7 Shortfall in income due to closures

Cross Cutting Service Development Fund 900 218 -682 Collaboration consultants, Sanitiser Gel, Accommodation review £ 23 k Pay and Grading 300 616 316 Allocated to directorates following confirmation of costs World Cup Bid 50 50 Partly met from Yorkshire Forward and City Dev

Total Contingency 4,100 3,469 -631

28 Page 120 Appendix 3 ilapidation costs. costs. ilapidation FI borrowing. FI ll meet the pension meet pension the ll exions WY exions service of capital schemes capital of received provide for potential liabilities liabilities for potential provide cil pend, therefore carried forward forward carried therefore pend, rientated services. rientated platforms the maintain and ver due to sickness to absence. due ver service. e difference between the the difference e between gy efficiency initiatives. Payments Payments initiatives. efficiency gy f fires not covered by insurance. by fires f covered not s in 2010/11 in s ver debt costs over life of life costs loan. over debt ver ds Bradford Airport to these staff. these to Bradford ds Airport makefacilities. school of use greater Reason for the Reserve the for Reason Residual balance and unallocated DfES grant from grant DfES Conn unallocated and balance Residual over life of asset and released back to revenue to co to back revenue ofto released and asset life over Departmental contns towards prudential borrowing costs borrowing prudential towards contns Departmental Unspent ABG to be allocated to specific schemes specific to allocated be to ABG Unspent re.fixed termaccommodation re.fixed contracts employment and d Surpluses of partner contributions have been retained to retained been have contributions partner of Surpluses th to due end year at cfwd allocation mayoral Unspent financial & mayoral years. years. mayoral & financial to activities school extended on surpluses of Cfwd PFI Sinking Funds Sinking PFI Coun Full by agreed as budget 2009/10 support to Used partner LAA by for bid be to - 2009/10 in Unallocated of cost the for co teacher pay to reserve based School o result a as costs related any fund to reserve School ener save to invest fund to reserves efficiency Energy from commitments on based received s Salix actual not committees. area wellbeing the on Underspends o managed pupil for DSG fenced ring of Cfwd centrally works reserves prevention fire for School licensing hire fenced private and taxi for reserve Ring to fund schemes fund to 2010/11 in This reserve holds a lump sumlump a from This wi LCC holds reserve receipt which of Lee sale following employees LBIA of obligations Unspent school contributions used to develop learning develop to used contributions school Unspent Surplus on the members the on Surplus club. network. of the resilience and quality Armley Asbestos Armley P BSF and borrowings lessVER Balances Schools Actual } } } 200 (51) (94) (244) (444) (619) (306) (195) (173) (5,950) (2,485) (16,076) (10,743) (29,470) March 2010 March Balance 31st 31st Balance 58 (8) (8) (44) (39) (94) (98) (348) (295)(186) (287) (145) (409) (1,282) (151) (151) (455) (563) (140) (619) (251) (394) (470) (1,246) (22) (3,875) (4,215) (3,588) (3,660) (7,344) (4,345) (16,121) (16,076) (16,121) (28,609) £k £k Actual Actual March 2009 March Balance 31st 31st Balance Reserve Energy efficiency reserve - Salix reserve efficiency Energy Connexions/Children's (253) (611) Lord Mayor Lord - LCC reserve efficiency Energy Capital reserve Capital LBIA Compensatory Added Years Added Compensatory LBIA (742) (695) General fund General Future the for Schools Building & PFI Schools PFI Heenan Cardinal PFI lighting Street Grant Performance Reward LPSA2 sickness teacher reserve Schools absence insurance loss consequential Schools Membersclub network learning Leeds Offending Service Youth fund wellbeing environmental and Social Economic, Services Environmental Balances Schools balances schools Extended block schools DSG - Central works consortia prevention fire Schools surplus licensing Hire Private & Taxi Area based grants based Area Adult Social Care PFI Care Social Adult General fundreserves General fund Totalreserves general reserves Earmarked schemes major for setaside Sums Reserves Insurance use departmental service for retained Reserves reserves fenced Ring balances School reserves Totalearmarked 29 Page 121 This page is intentionally left blank

Page 122 Agenda Item 14

Originator: James Rogers

Tel: 2243579

Report of the Assistant Chief Executive (Planning, Policy and Improvement)

Executive Board

Date: 22 June 2010

Subject: Final Statement and Recommendations of the City and Regional Partnerships Scrutiny Board’s Statement on the Kirkstall Joint Service Centre

Electoral Wards Affected: Kirkstall Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

(Details contained in the report)

EXECUTIVE SUMMARY

This report provides the Executive Board with details of the recommendations from the recent City and Regional Partnerships Scrutiny Board inquiry into the proposal for a new Joint Service Centre at Kirkstall and the reasons why it had stalled. The report outlines details of the statement and recommendations and asks the Board to approve the proposed response.

1.0 Purpose Of This Report

1.1 This report provides the Executive Board with details of the recommendations from the recent City and Regional Partnerships Scrutiny Board inquiry into the proposal for a new Joint Service Centre at Kirkstall and the reasons why it had stalled. The report outlines details of the statement and recommendations and asks the Board to approve the proposed response.

2.0 Background Information

2.1 At the meeting of Scrutiny Board (City and Regional Partnerships) on 10th September 2009 reference was made to the fact that the proposal for a new Joint Service Centre at Kirkstall had stalled. The Board were advised that three Joint Service Centres at Chapeltown, and Kirkstall had been proposed via the Leeds Improvement Finance Trust (LIFT) in which the Council is a strategic partner with NHS Leeds (formerly Leeds Primary Care Trust) and they recognised that the Page 123 provision of Joint Service Centres was an important strand of the Council's Strategic Plan contributing towards tackling the City’s health and social inequalities agenda.

2.2 The Board, in conjunction with the Chair of the Health Scrutiny Board decided to investigate this matter, however they agreed not to undertake a full scrutiny inquiry, but rather to investigate the matter and publish a Statement and recommendations on their findings. This is attached to this report.

3.0 Main Issues

3.1 Below, each of the Scrutiny Board’s five recommendations are listed along with the proposed response. In preparing the response, views have also been sought from the NHS Leeds.

3.2 Recommendation One:

That NHS Leeds be asked to review their governance process in line with the Department of Health Code of Practice 2003 in order to ensure that

(i) the public is advised of all matters to be considered at NHS Leeds Board meetings whether to be held in public or in private session and (ii) that all appropriate reports are made available at the time the agenda is released.

NHS Leeds has reviewed and revised its processes to ensure that prior notice is given for all items to be discussed at its Board meetings. This recommendation has therefore already been implemented.

3.3 Recommendation Two:

That the "Lessons Learned" report on the Joint Service Centre project be endorsed including the recommendations for improvement as set out in appendix 1 of this Statement.

A Lessons Learned Workshop was held in February 2010 and attended by all key partners who are fully committed to implementing the recommendations made.

3.4 Recommendation Three:

That the Public Private Partnerships Unit and NHS Leeds and other stakeholders submit a joint report to this Scrutiny Board before 31st December 2010 on the progress in implementing the recommendations for improvement detailed in appendix 1 of this Statement.

This recommendation is supported and a report will be prepared.

3.5 Recommendation Four:

That this Statement be submitted to Scrutiny Board (Health) for information at its meeting in April 2010.

The Scrutiny Board (Health) meeting was cancelled in April, however it is now intended to include the statement on the June 2010 agenda.

Page 124 3.6 Recommendation Five:

That NHS Leeds be asked to submit a paper to this Board and Kirkstall ward members on the improvements they intend to make to the existing Health centre before September 2010.

NHS Leeds is in the process of finalising its options appraisal for the refurbishment of the existing Kirkstall Health Centre. NHS Leeds will therefore be in a position to report back to the Scrutiny Committee before September 2010 with regard to the details of planned service improvements to that property.

4.0 Other Issues

4.1 Following the withdrawal of NHS Leeds from the Kirkstall scheme, the Council wrote to the Communities and Local Government Department (CLG) to ask for additional time to explore other options which would meet the criteria to access the remaining joint service centre PFI credits . The CLG responded by offering a final deadline of 30 th June 2010. Regretably, it has not been possible to develop a scheme which would meet the criteria for accessing the remaining credits.

5.0 Implications For Council Policy And Governance

5.1 There are no specific implications for Council Policy and Governance.

6.0 Legal And Resource Implications

6.1 There are no specific legal or resource implications.

7.0 Conclusions

7.1 The City and Regional Partnerships Scrutiny Board’s investigation into the issues why the proposals for the Kirkstall Joint Service Centre had stalled have identified some important learning for both the Council and the NHS. The recommendations it makes and the “lessons learned” seminar held jointly with PPPU, the PCT, LIFT Company, Council Officers and other Stakeholders has resulted in some clear actions to be taken. Subsequently NHS Leeds have advised that consideration would be given to improvements to the existing Health Centre at Kirkstall. Despite this latter activity by NHS Leeds, it has not been possible to arrive at a scheme which officers feel would meet the criteria for accessing the joint service centre credits.

8.0 Recommendations

8.1 Executive Board are recommended to:

Approve the proposed responses to the Scrutiny Board’s recommendations.

Background Papers

Correspondence with NHS Leeds re Kirkstall JSC .

Page 125 This page is intentionally left blank

Page 126

Scrutiny Board (City & Regional Partnerships)

Statement on Kirkstall Joint Service Centre

April 2010

2 Statement on Kirkstall Joint Service Centre Published 16th April 2010 Page 127

Introduction and Scope

Introduction Scope of the Statement

1. At our meeting on 10th September 2009 8. We agreed to examine the following reference was made to the fact that the areas: proposal for a new Joint Service Centre at Kirkstall had stalled. • Progress made with regard to the provision of Joint Service Centres at 2. We were advised that three Joint Chapeltown, Harehills and Kirkstall. Service Centres at Chapeltown, Harehills and Kirkstall had been • Identify the reasons for any delay in procured via the Leeds Improvement the provision of the three Joint Finance Trust (LIFT) in which the Service Centres. Council is a strategic partner with NHS Leeds (formerly Leeds Primary Care • Identify the process and rules that Trust). apply to the funding of these centres and the consequences of any delay. 3. We recognised that the provision of Joint Service Centres was an important • Role and responsibilities of the strand of the Council's Strategic Plan - Council and NHS Leeds for delivery of contributing towards tackling the health this project. and social inequalities prevalent in the city, through "narrowing the gap"

4. We agreed to raise this matter with the Chair of the Scrutiny Board (Health) to ascertain if this Board could undertake scrutiny of this issue if Scrutiny Board (Health) had no plans to do so.

5. We were subsequently advised that Scrutiny Board (Health) had no spare capacity to scrutinise this issue in detail during the current municipal year.

6. We decided to investigate this matter and determined not to undertake a full scrutiny inquiry but to investigate the matter and publish a Statement and recommendations on our findings.

7. We agreed to keep the Scrutiny Board (Health) informed of our findings.

3 Statement on Kirkstall Joint Service Centre Published 16th April 2010 Page 128

Conclusions and

Recommendations

9. We received a report from the Deputy council colleagues and, following the Chief Executive of the Council on the NHS Leeds Board meeting in Joint Service Centres which was November, will ensure that the considered by the Executive Board on Scrutiny Board (Health) and the City 14th October 2009. This report ` and Regional Partnerships Scrutiny described the progress and budget Board are kept informed." implications associated with the delivery of the Joint Service Centres at 13. We received a briefing paper from Chapeltown and Harehills. NHS Leeds' Acting Director of Finance updating us on the reasons 10. It was clear from the report that the two why NHS Leeds Board (at its Joint Service Centres at Chapeltown meeting on 19th November 2009) and Harehills were progressing well and was unlikely to continue to support a that the current programme anticipated Joint Service Centre for Kirkstall. a completion date of the 18th October 2010 and 28th June 2010 respectively. 14. The briefing paper stated that this joint project was proposed in 2003. 11. We noted with concern that the Deputy Since that time there had been a Chief Executive's report stated that number of major changes in the further option appraisals were currently factors which would influence a being undertaken by NHS Leeds, with decision as to whether NHS Leeds regard to the proposed Kirkstall Joint could continue to participate in this Service Centre. project not least being a PCT merger and the changing economic 12.On 22nd October 2009 NHS Leeds environment. submitted to the Scrutiny Board the following statement: 15. We noted that the NHS Leeds view that the service needs under pinning "NHS Leeds Board signed up to Kirkstall and the project had changed over the Joint Service Centre in April 2009. NHS period. A recent review by NHS Leeds Leeds is committed to delivering had concluded that there was no need Children’s and Adolescent Mental for additional or significant Health Services (CAMHS) from this improvements in premises for GPs in centre. The council believe that this Kirkstall. In addition, plans for a wide would not meet the criteria for PFI ranging minor surgery services in the credits and have asked NHS Leeds to community had also been revised by consider alternatives. the NHS Leeds.

Some proposals have been produced 16. We acknowledged that a review by but these require consideration for NHS Leeds Provider Arm service in clinical suitability and service needs. 2008/09 had identified that there was a need to improve the configuration of Following this, a paper will be presented services for Child and Adolescent to the NHS Leeds Board in November. Mental Health Services (CAMHS) and that the lack of consolidated premises We will continue to work closely with

4 Statement on Kirkstall Joint Service Centre Published 16th April 2010 Page 129

Conclusions and

Recommendations

for this service was a significant November 2010 had no item drawback in this respect. indicating that this project was to be considered at this meeting. The 17. The review also concluded that there matter was dealt with in private was no other need for service session without the public present and development or expansions in any consequently there was no public other services that the NHS Leeds discussion or debate on this issue. provides in Kirkstall and that there We regard this to be contrary to the was sufficient capacity within NHS 2003 Department of Health Code of Leeds to accommodate all foreseen Practice on Openness in the NHS. service developments. As a consequence in July 2009 NHS Leeds Recommendation 1 approved a preferred option for the Joint Service Centre at Kirkstall That NHS Leeds be asked to review whereby the CAMHS service would their governance process in line with be relocated from the Cringlebar and the Department of Health Code of Bramley sites into the new Joint Practice 2003 in order to ensure that Service Centre. (i) the public is advised of all matters to 18. We were advised that the Council had be considered at NHS Leeds Board subsequently informed NHS Leeds meetings whether to be held in public or that it considered this would not meet in private session and the requirements for a Joint Service Centre, as the CAMHS service would (ii) that all appropriate reports require a separate entrance and users are made available at the time the of the service would be unlikely to agenda is released. make use of the range of other services in the Joint Service Centre, such as advice, benefits and library services. The Council requested NHS 20. We expressed grave concern that at Leeds to give further thought to their the 11 th hour there had been a other options. change of heart on the part of NHS Leeds. The City Council had been 19. We were informed that NHS Leeds working on this joint project in good Board on 19th November 2009 had faith with the PCT since 2003. Even considered a report of the Acting as late as October 2008, NHS Leeds Executive Director of Finance, NHS had been consulting widely with local Leeds and had decided not to residents on the proposal, raising proceed with a Joint Service Centre peoples expectations and aspirations for Kirkstall. We were provided with a for the area. This last minute change copy of the report which had been of heart and policy was a bitter considered by NHS Leeds Board. disappointment for local residents and Ward Members, who were hoping that 20. We were concerned that the agenda this project would help to kick-start the for NHS Leeds Board on 19th re-generation of this part of Kirkstall,

5 Statement on Kirkstall Joint Service Centre Published 16th April 2010 Page 130

Conclusions and

Recommendations

21. We made reference to the level of projects of this kind. resources the Council had effectively wasted in pursuing this joint proposal. Recommendation 2

22. We were subsequently advised by the That the "Lessons Learned" report Public Private Partnerships Unit on the Joint Service Centre project (PPPU) that the estimated cost of be endorsed including the work carried out by them in respect of recommendations for improvement the Kirkstall Joint Service Centre was as set out in appendix 1 of this between £114,588 and £135,991 plus Statement. the cost of financial advisors and technical support . This estimate excluded any client costs from Recommendation 3 Environment and Neighbourhoods or Customer Services departments. That the Public Private Partnerships Unit and NHS Leeds and other 23. We requested a " lessons learned" stakeholders submit a joint report report on this project as a to this Scrutiny Board before 31st consequence of NHS Leeds deciding December 2010 on the progress in to withdraw from this project. implementing the recommendations for improvement detailed in 24. We were informed that PPPU was to appendix 1 of this Statement. hold a "lessons learned" seminar on 4th February 2010 1 with the PCT, LIFT Company, Council Team and other Recommendation 4 Stakeholders in order to prepare a report for consideration by our Board. That this Statement be submitted to Scrutiny Board (Health) for 25. We considered this "lessons learned" information at its meeting in April report at our Board meeting in March 2010. 2010 and believed it to be a comprehensive and thorough review of the issues involved. This 27. We were advised by the Acting Director report and the actions to be taken had of Finance, NHS Leeds that been agreed with NHS Leeds and consideration would be given to other stakeholders. making improvements to the existing Health Centre in Kirkstall. 26. We took the view that implementation

of the actions proposed would help to Recommendation 5

safeguard the Council's position and

provide greater clarity as to the That NHS Leeds be asked to

commitments and responsibilities of all submit a paper to this Board

stakeholders at the Pre Procurement and Kirkstall ward members on the

and Procurement Stages for joint improvements they intend to make

to the existing Health centre before

1 as part of the project appraisal September 2010. undertaken on PPPU projects

6 Statement on Kirkstall Joint Service Centre Published 16th April 2010 Page 131

APPENDIX 1 KEY LESSONS LEARNT SUMMARY

What Could Have Been Improved and How? Outlined below is a summary of the key lessons learnt.

Category What Could Have Been Improved Recommendation for Improvement It was noted that often projects have funding streams Options appraisals should clearly evaluate all attached which changes the focus from options procurement options available, including a do nothing Affordability and appraisal and value for money to securing funding for option. As the PCT did not have PFI available to them for Best Value projects. E.g. the incentives to retain PFI credits. JSC, partners funding of revenue needs to be properly considered. Page 132 The PCT did not have a suitable tool for appraising service and funding priorities. Consequently they had difficulty assessing the value for money of the That a cost benefit analysis / options appraisal tool is programme. Affordability should not be confused with developed jointly by the Council and PCT. Leeds City Value for Money. Council has an existing options appraisal methodology Consequently when the Kirkstall scheme was reviewed and the corporate project management methodology in 2009 the previous justification for the PCT element of “Delivering Successful Change” may also provide a basis Affordability and for developing this. Best Value the project did not stand up to scrutiny. Differences in sources of funding (the Council were A shared methodology should ensure a shared and granted PFI credits) may have led to a divergence in consistent understanding of service needs and project prioritisation of the programme between the Council and benefits is developed at the outset of any future project PCT. developed in partnership. Affordability should not be confused with Value for Money.

7 Statement on Kirkstall Joint Service Centre Published 16 th April 2010

Category What Could Have Been Improved Recommendation for Improvement The Department for Health business case guidance Guidance can be followed and changes can be taken changed during the procurement. account of relatively easily. However, it is not Guidance and Government Guidance that is important; it is ensuring you Documentation have a business case that is robust and agreed within your service.

Project Management arrangements at the PCT were not properly embedded in governance processes. Consequently as corporate priorities changed and as That work is undertaken with partner organisations to major restructuring of the organisation was undertaken ensure that a formal governance structure with clear roles the links between the JSC programme and PCT strategy and responsibilities is set up at the very beginning of the and management were not consistent or effective. project including communication strategy and reporting Page 133 It was therefore difficult to manage decision making and processes. to ensure the project was progressed in line with PCT corporate priorities and managerial support.

Leadership and Communication of formal decisions between the PCT As above. Managing the and LCC could have been improved. Process

Stage 1 of the procurement was fast tracked through the Ensure that a realistic programme is agreed and planned Strategic Health Authority approval process, which in sufficient detail. resulted in disproportionate levels of work and decision making being deferred to stage 2.

The PCT lacked sufficient estates experience to inform That a shared review of available skills and experience is the JSC programme. undertaken with partner organisations and experience is lacking in certain areas consideration is given to sharing resources and / or accessing external advice.

8 Statement on Kirkstall Joint Service Centre Published 16 th April 2010

Category What Could Have Been Improved Recommendation for Improvement

That work is undertaken with partner organisations to The PCT did not have a sufficiently clear vision for the ensure that a cost benefit analysis is produced to inform JSC programme with objectives set which aligned the options appraisal and Outline Business Case. corporate and service strategies and that in the case of The reason to go ahead with the project needs to be Project Principles the Kirkstall centre they felt the emphasis for addressed at the start of the project and the questions: “is development was placed on the building rather than the it right?” and “is it viable?” need to be addressed at the services required. start. Also, “what do you need?” not “what do you want?”.

Risk None N/A Management Page 134 The timing of PCT stakeholder consultation could have been improved. Buy in from stakeholders in decision making positions was lacking, leading to decisions not being made at the right times. Stakeholder That work is undertaken with partner organisations to Management and ensure that a communications strategy is clearly Communication Stakeholder management with regards the Kirkstall developed. highways issues could have been improved, although development of the ultimate workable solution was felt to have been successful.

Technical and None N/A Statutory Issues Understanding None N/A the Market

9 Statement on Kirkstall Joint Service Centre Published 16 th April 2010

What Went Well and Why? Outlined below is a summary of the key lessons learnt. Category What Went Well Recommendation Of the 3 centres planned the 2 that were delivered were Ensure that a cost benefit analysis is produced to inform Affordability and within the budget set. The service mix, however, the options appraisal and Outline Business Case. Best Value changed significantly as a result of the changing Affordability should not be confused with Value for requirements of LCC and the PCT. Money.

Guidance and None N/A Documentation Harehills and Chapeltown have been successfully Consider the lessons learned from Chapeltown and

Page 135 delivered in the context of major organisational and Harehills (subject of a separate report) for other projects / service change. programmes.

The project team worked well together (including the Spend time building the team. SHA and advisors), which was illustrated by the fact that Leadership and That work is undertaken with partner organisations to Commercial and Financial Close was achieved in relative ensure that a formal governance structure with clear Managing the short timescales bearing in mind the additional scrutiny Process roles and responsibilities is set up at the very beginning required of the PCT and SHA. of the project including communication strategy and reporting processes.

The design competition for Kirkstall worked very well and Consider different models to develop schemes on a delivered a well developed, flexible reference scheme in project by project basis. a short time period.

None N/A Project Principles

10 Statement on Kirkstall Joint Service Centre Published 16 th April 2010

Category What Went Well Recommendation The City Council risk management process that was Ensure that a robust risk management process is in Risk adopted later in the programme by the Council, PCT and place and followed. Management Liftco worked well. Stakeholder Stakeholder management was good with regards to who That work is undertaken with partner organisations to Management and was consulted. ensure that a communications strategy is clearly Communication developed.

Technical and None N/A Statutory Issues The JSC programme would not have been delivered

Page 136 without the involvement of Liftco. In a competitive process it is likely that bidders would have walked away due to the delay and uncertainty. That the advantages of partnership working need to be Tranche 3 (Chapeltown and Harehills) was sustained taken account of / considered at the options appraisal Understanding because tranches 1 and 2 had given Liftco an ongoing stage. the Market delivery role working in partnership with the PCT and Council. They also need to be communicated to stakeholders. Over the course of the project the Liftco process developed a challenge role that broke down barriers between organisations and encouraged dialogue.

11 Statement on Kirkstall Joint Service Centre Published 16 th April 2010

NEXT STEPS

Action Action Owner Present the Lessons Learned Report to the Joint Service 1. D Grooby Centres Project Board and the Strategic Partnering Board for information. 2. Present the Lessons Learned Report to Scrutiny Board. D Outram

3. Feedback the Lessons Learned Report to the PCT. V Pejhan- Sykes 4. Present the Lessons Learned Report to the Public Private D Grooby Partnerships Unit management team for information. 5. Dissemination to the project team. D Grooby

6. Dissemination to PPPU Governance function who will then: D Grooby • Be responsible for developing, maintaining and communicating a PPPU wide Lessons Learned Log and act as a central repository for valuable PPPU lessons learned information. • Share lessons learned with other Project Teams, Project Boards and the Strategic Investment Board.

7. The Council and PCT to consider the joint development of a D Outram & cost benefit analysis / options appraisal tool. V Pejhan- Sykes

12 Statement on Kirkstall Joint Service Centre Published 16 th April 2010 Page 137

Evidence

Monitoring arrangements

Standard arrangements for monitoring the outcome of the Board’s recommendations will apply.

The decision-makers to whom the recommendations are addressed will be asked to submit a formal response to the recommendations, including an action plan and timetable, normally within two months.

Following this the Scrutiny Board will determine any further detailed monitoring, over and above the standard quarterly monitoring of all scrutiny recommendations.

Reports and Publications Submitted

• Report of the Deputy Chief Executive dated 14th October 2009

• Statement by NHS Leeds dated 22nd October 2009

• Briefing Paper by NHS Leeds for the Scrutiny Board on 5th November 2009

• Report of the Acting Director of Finance NHS Leeds to NHS Leeds Board on 19th November 2009

• Media Statement by NHS Leeds dated 19th November 2009

• Reports of the Head of Scrutiny and Member Development to meetings on 5th November and 9th December 2009 and 4th March and 16th April 2010

13 Statement on Kirkstall Joint Service Centre Published 16 th April 2010 Page 138

Evidence

Witnesses Heard

• Mr David Outram, Chief Officer, Public Private Partnerships Unit, Leeds City Council

• Ms Visseh Pejhan-Sykes, Acting Director of Finance, NHS Leeds

• Mr Andy Taylor , Chair of the Plan Review Board

• Mr David Grooby, Executive Project Manager PPPU

Dates of Scrutiny

10th September 2009

5th November 2009

9th December 2009

4th March 2010

16th April 2010

14 Statement on Kirkstall Joint Service Centre Published 16 th April 2010 Page 139

Scrutiny Board (City & Regional Partnerships) Statement on Kirkstall Joint Service Centre

Date April 2010 Report author: Richard Mills

[email protected]

Page 140 Agenda Item 15

Originator: Heather Pinches Tel: 43347

Report of the Assistant Chief Executive (Planning, Policy and Improvement)

Executive Board

Date: 22 nd June 2010

Subject: Corporate Performance Report 2009/10 Year End

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

(Details contained in the report)

EXECUTIVE SUMMARY

1. This report presents the Quarter 4 performance summary of our progress against the Leeds Strategic and Council Business Plans for 2009/10 at the end of the 2 nd year of delivery of these plans. For each of our strategic improvement priorities across these two plans an “action tracker” has been produced by the Accountable Officer which sets out a high level progress update along with an overall traffic light rating and a direction of travel arrow – these are published in full on the intranet. This report presents Executive Board with the overall summary from each action tracker and, furthermore, this is provided by exception only i.e. updates are provided for those priorities with an overall progress rating of red (regardless of the direction of travel arrow) along with amber priorities with a static or deteriorating direction of travel. Accountable Directors were also given the option to nominate any amber but improving trackers to be included with this report where they felt that these were issues that should be highlighted to Executive Board as potential future performance concerns. Overall, Executive Board should note that for the Leeds Strategic Plan 65% of improvement priorities are currently assessed as green and for the Council Business Plan 42% are green.

Page 141 1.0 Purpose Of This Report

1.1 The purpose of this report is to present an overview of performance against our priority outcomes at the year end so that Executive Board may understand our latest performance position.

2.0 Background Information

2.1 The corporate performance management arrangements require that the officers accountable for each of the improvement priorities in the Leeds Strategic Plan and Council Business Plan provide a completed action tracker summarising the progress made on a six monthly basis. Within these trackers each strategic improvement priority is given a traffic light rating and direction of travel which denotes the overall progress based on all the relevant information including improvement against targets for all aligned performance indicators, progress in the delivery of key actions/projects and taking into account all relevant challenges and risks. The definitions provided to officers to make this judgement are given below:

••• Green defined as progressing as expected, on schedule to complete key actions and meet the targets for key performance indicators. ••• Amber defined as minor delays/issues are having an impact on delivery but remedial action is underway/planned and the key performance indicator(s) results are likely to be on, or close to, target. ••• Red defined as significant delays or issues to address and unlikely to meet targets for key performance indicators.

2.2 The traffic light rating is supplemented by a direction of travel arrow that indicates whether progress is improving, static or deteriorating. The trackers also include a summary paragraph which sets out the overall position as at 31st March 2010 – these paragraphs are collated together in this report. These trackers are reviewed by senior officers, partners and Elected Members as part of the our accountability arrangements.

3.0 Main Issues

3.1 The full set of action trackers has been collated for the year end 2009/10 and these have been reviewed by CLT and published on the intranet in preparation for their review by the relevant Scrutiny Boards during July. The full set of trackers can be found on the intranet by following the link to the Council Business Plan / Leeds Strategic Plan from the front page (as shown below).

Page 142 3.2 A number of appendices of information are provided with this report and these are:

• Appendix 1 of this report is a summary sheet showing the overall progress rating against all of the improvement priorities for the Leeds Strategic Plan and Council Business Plan. • Appendix 2 presents the overall summary paragraphs from the action trackers by exception only in order to enable Executive Board to focus their attention on those areas where progress is not on track. This includes all of the red action trackers, regardless of direction of travel and the amber trackers where the direction of travel is assessed as static or deteriorating. In addition Accountable Directors were also given the option to nominate any amber but improving trackers to be included with this report where they felt that these were issues that should be highlighted to Executive Board as potential future performance concerns.

Analysis of Overall Performance in 2009/10

Improvement Priorities

3.3 Of our Strategic Improvement Priorities 65% of those in the Leeds Strategic Plan and 42% of those in the Council Business Plan are progressing as expected and are therefore rated as green. This is compared to 66% for LSP and 50% for CBP at quarter 2.

Leeds Strategic Plan Council Business Plan Total Number % Number % Number % Red 9 19 0 0 9 11 Amber 8 17 21 58 29 35 Green 31 65 15 42 46 55

Leeds Strategic Plan Improvement Priorities Council Business Plan Improvement Priorities

Red Amber Green

3.4 The changes to the RAG rating for the improvement priorities over time is shown in the table below and Executive Board will note that the proportion of green rated trackers for the LSP has remained consistent over 2009/10 but there has been a marked increase in the proportion of trackers which are now rated red with a similar decrease in the proportion of amber trackers. Further analysis shows a mixed picture with 8 trackers showing a deterioration in their overall traffic light rating over the last 6 months but matched by 6 which have improved.

Page 143 Change in LSP Improvement Priority RAG Ratings

70% 60% 50% Red 40% Amber 30% Green 20% Percentage 10% 0% 2008/9 Q4 2009/10 Q2 2009/10 Q4 Reporting period

3.5 In terms of the Council Business Plan 5 improvement priorities (over 2 action trackers) have deteriorated and 2 improvement priorities (over 2 action tracker) have improved.

Change in CBP Improvement Priorities RAG rating

70% 60% 50% Red 40% Amber 30% Green 20% Percentage 10% 0% 2008/9 Q4 2009/10 Q2 2009/10 Q4 Reporting Period

3.6 Some of these changes may be explained as a fuller set of performance information (ie annually reported indicators) is available at Q4 as well as the reducing time available to deliver the key actions/targets.

Performance Indicators 3.7 The Leeds Strategic and Council Business Plans 2008-11 include a number of key performance indicators which also used to monitor performance. For each of these indicators annual targets have been set in order to move performance towards the final target which we are aiming to achieve by the end of the life of the plan in March 2011. Some of these indicators are only available annually so at the year end we do have a fuller set of performance indicators compared to the in-year reports. The overall breakdown of these indicators is shown in the charts below with 39% on track and meeting their 2009/10 year end target with 37% for the Leeds Strategic Plan and 44% for the Council Business Plan:

Page 144 Overall Performance of Leeds Strategic Plan PI's Overall Performance of Council Business Plan PIs at Q4 2009/10 at Q4 2009/10

Red Red Amber Amber Green Green No result available Result not RAG Rated No result available Result not RAG Rated

Leeds Strategic Plan Council Business Plan Total Number % Number % Number % Red 15 20 10 24 25 21 Amber 17 22 9 22 26 22 Green 28 37 18 44 46 39 No result 5 7 3 7 8 7 available Not able to 11 14 1 2 12 10 RAG rate

3.8 It is not possible to compare this position with that from Q4 last year as a significant proportion of PIs were new and 2008/09 was the baseline year and therefore no traffic lights were allocated.

3.9 This information has been reviewed by CLT and senior officers from partner organisations and Executive Board should note that in addition to the monitoring and improvement work already underway in key areas like Burglary and across Children’s Services it has been agreed to undertake some more focused work in the following areas:

• Health Inequalities – it has been agreed to hold an innovation day on this subject in order to identify the key issues and examine how our approach needs to change in order to make progress in this area. • Think Family – an event has recently been held to develop this work in Leeds which looks at how children’s, Adults’ and family services are co- ordinated and focused for those families experiencing the moist significant problems. The development of this approach is likely to have an impact on many of the improvement priorities especially those focused on narrowing the gap.

Update on Comprehensive Area Assessment

3.10 In light of the recent announcements by the new Government it would seem sensible to update Executive Board on the latest position with regard to our external performance assessments previously carried out under the Comprehensive Area Assessment (CAA) regime. Following the initial announcement to abolish CAA things have moved very quickly and to this end our CAA Lead has informed us that he will no longer be doing any external work that is CAA-related, including the Managing Performance and Area Assessment work. Similarly the External Auditors have been instructed to not report on Use of Resources (UoR) and do no further work other than to reach the Value for Money conclusion and the Audit Commission will not publish the UoR scores. However, the Audit Commission is continuing to discuss with ministers how they would like to take forward assessment and

Page 145 inspection in the future. An additional verbal update will be provided to the Board if there have been further substantive changes in this area.

4.0 Implications For Council Policy And Governance

4.1 The Leeds Strategic Plan and Council Business Plan is part of the council’s Budget and Policy Framework. Effective performance management enables senior officers and Elected Members to be assured that the council is making adequate progress and provides a mechanism for them to challenge performance where appropriate.

5.0 Legal And Resource Implications

5.1 The Leeds Strategic Plan fulfils the Council’s statutory requirement to prepare a Local Area Agreement for its area. These slightly revised performance reporting arrangements are achievable within current resources across the organisations as they essentially replace an existing similar process. In addition the council is also subject to a formal improvement notice for Children’s Services and within this a number of specific targets have been set for key performance indicators. Failure to meet these particular targets may result in Secretary of State intervention.

6.0 Conclusions

6.1 This report provides Executive Board with a high level overview of the city’s performance against the Leeds Strategic Plan and the Council’s performance against the Council Business Plan at the end of 2009/10. This report highlights those areas where progress is not on track and Members need to satisfy themselves that these areas are being addressed appropriately and where necessary involving partners in any improvement activity.

7.0 Recommendations

7.1 Executive Board are asked to consider the overall performance position at quarter 4 against the strategic priorities and note the action planned to further improve or address the performance concerns.

Background Papers

Leeds Strategic Plan 2008-11

Council Business Plan 2008-11

Page 146 Council Business Plan Action Tracker Summary Appendix 1

We are an intelligent organisation, using good quality information to deliver better Our resources are clearly prioritised to provide excellent services and value for money Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director IO-1a Improve our systems and processes to enable us to use our VfM-1a Deliver our 5 year financial strategy to align resources to our information effectively and efficiently strategic priorities IO-1d Develop arrangements to protect and share information in James Rogers VfM-1b Embed sustainability in our resource management line with legislative and regulatory requirements processes Alan Gay

IO-1c Ensure we have the right intelligence to inform our strategic VfM-1c Consider all additional sources of funding available to planning support our priorities IO-1b Use our information to shape service provision, provide James Rogers VfM-2a Improve the efficiency of our services including maximising constructive challenge and improve our decision making at savings delivered through procurement, ICT and asset all levels management Alan Gay IO-2a Increase choice so customers can access services in more VfM-2b Embed value for money at all levels convenient ways VfM-3 Implement a commissioning approach which delivers value Nicolé Jackson for money and ensures the best provider

Page 147 IO-2c Improve our services based on customer feedback Vfm-4a Ensure strategic business transformation/improvement activity is prioritised and co-ordinated James Rogers IO-2d Manage customer expectation and deliver on our promisesJames Rogers Vfm-4b Enhance service improvement capacity to support business change at directorate/service level IO-2e Develop joined up and person centred services designed Vfm-4c Embed a consistent approach to service planning which James Rogers around the needs of our customers clearly links workforce and asset management planning, risk, financial and performance management Vfm-4d Explore opportunities for collaboration with private and James Rogers public sector bodies - BIG IDEA IO-3a Increase involvement, engagement and participation of all Vfm-5a Develop sustainable and effective partnership governance Nicolé Jackson communities especially hard to reach groups framework James Rogers IO-3b Build trust with local communities to encourage greater Vfm-6a Improve quality and efficiency of support services Alan Gay engagement Council Business Plan Action Tracker Summary Appendix 1

We are a values led organisation and our people are motivated and empowered

Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director VP-1a Ensure we have the right staff, in the right place with the Alan Gay VP-3b Maximise member involvement in policy development, Nicolé Jackson right skills at the right time decision making and accountability VP-1b Empower, support and develop our staff and members by Alan Gay VP-4a Ensure colleagues reflect the diversity of our communities Alan Gay embedding core skills and behaviours with performance based appraisals VP-1c Improve understanding and transparency of our decision- Nicolé Jackson VP-4b Ensure fair access to all our services making and accountability processes James Rogers VP-2a Improve leadership at all levels including officers and Alan Gay VP-4c Embed equality and diversity throughout the organisation elected members VP-2b Enhance our leadership of the city James Rogers VP-5a Reduce the carbon emissions arising from our buildings, Alan Gay vehicles and operations - BIG IDEA VP-2c Strengthen communication (skills and mechanisms) at all James Rogers VP-5b Increase the proportion of socially responsible goods and Nicolé Jackson levels services that we procure Page 148 VP-3a Strengthen our democratic processes to improve Nicolé Jackson VP-5c Support the achievement of our strategic outcomes through James Rogers governance and policy making our corporate social responsibility programme

Key

Significant delays or issues to address

Minor delays or issues to address Progressing as expected – on schedule to complete actions & targets Leeds Strategic Plan Action Tracker Summary Appendix 1 Culture Enterprise and the Economy Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director CU-1a Enable more people to become involved in sport by providing Jean Dent EE-1a Increase innovation and entrepreneurial activity across the city Jean Dent better quailty and wider ranging activities and facilities. CU-1a Enable more people to become involved in culture by providing Jean Dent EE-1b Facilitate the delivery of major developments in the city centre to Jean Dent better quailty and wider ranging activities and facilities. enhance the economy and support local employment

CU-2a Facilitate the delivery of major cultural schemes of international Jean Dent EE-2a Increase international communications, marketing and business Jean Dent significance support activities to promote the city and attract investment. Environment Learning Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director ENV-1a Improve the quality and sustainability of the built and natural Jean Dent LN-1a Enhance the skill level of the workforce to fulfil individual and Jean Dent environment economic potential.

ENV-1b Reduce emissions from public sector buildings, operations and Jean Dent LN-1b Improve learning outcomes and skill levels for all 16 year olds, with Eleanor Brazil service delivery and encourage others to do so a focus on narrowing the achievement gap.

ENV-1c Undertake Actions to improve our resilience to current and future Jean Dent LN-1c Improve learning outcomes and skill levels for all 19 year olds. Eleanor Brazil Page 149 climate change

ENV-2a Address neighbourhood problem sites; improve cleanliness and Neil Evans LN-1d Increase the proportion of vulnerable groups engaged in Eleanor Brazil access to and quality of green spaces education, training or employment ENV-2b Increase the amount of waste reused and recycled and reduce the Neil Evans LN-1e Improve participation and early learning outcomes for all children, Eleanor Brazil amount of waste going to landfill with a focus on families in deprived areas. Harmonious Communities Transport Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director HM-1a An increased number of local people engaged in activities to meet Neil Evans TR-1a Deliver and facilitate a range of transport proposals for an Jean Dent community needs and improve the quality of life for local residents enhanced transport system including cycling and walking.

HM-1b An increase in the number of local people that are empowered to Neil Evans TR-1b Improve the quality, capacity, use and accessibility of public Jean Dent have a greater voice and influence over local decision making and transport services in Leeds. a greater role in public service delivery HM-2a Enable a robust and vibrant voluntary, community and faith sector Neil Evans TR-1c Improve the condition of the streets and transport infrastructure by Jean Dent to facilitate community activity and directly deliver services carrying out a major programme of maintenance and improvements. HM-2b An increased sense of belonging and pride in local Neil Evans TR-1d Improve road safety for all our users, especially motor cyclists, Jean Dent neighbourhoods that help build cohesive communities pedal cyclists and pedestrians. Leeds Strategic Plan Action Tracker Summary Appendix 1 Thriving Places Health and Well Being Code Improvement Priority Accountable Code Improvement Priority Accountable Director Director TP-1a Increase the number of decent homes Neil Evans HW-1a Reduce Premature mortality in the most deprived areas Sandie Keene

TP-1b Increase the number of affordable homes Neil Evans HW-1b Reduce the number of people who smoke Sandie Keene TP-1c Reduce the number of homeless people Neil Evans HW-1c Reduce rate of increase in obesity and raise physical activity for Sandie Keene all. TP-1d Reduce the number of people who are not able to adequately heat Neil Evans HW-1d Reduce teenage conception and improve sexual health Sandie Keene / their homes Eleanor Brazil

TP-1e Increase financial inclusion in deprived areas. Neil Evans HW-1e Improve the assessment and care management of families and Sandie Keene vulnerable adults Improve the assessment and care management of children Eleanor Brazil

TP-2a Creating safer environment by tackling crime Neil Evans HW-1f Improved psychological, mental health and learning disability Sandie Keene / services for those who need it. Eleanor Brazil

TP-2b Reducing and managing offending behaviour Neil Evans HW-2a Increase the number of vulnerable people helped to live at home Sandie Keene Page 150 TP-2c Improving lives by reducing the harm caused by substance misuse Neil Evans HW-2b Increase the proportion of people in receipt of community services Sandie Keene - Drugs enjoying choice and control over their daily lives Improving lives by reducing the harm caused by substance misuse Neil Evans/ HW-3a Improve safeguarding arrangements for vulnerable adults through Sandie Keene - Alcohol Sandie Keene better information, recognition and response to risk TP-2e Reduce bullying and harassment Eleanor Brazil Improve safeguarding arrangements for vulnerable children Eleanor Brazil through better information, recognition and response to risk

TP-3a Reduce worklessness across the city with a focus on deprived Neil Evans areas TP-3b Reduce the number of children in poverty Neil Evans /Eleanor Brazil TP-3c Develop extended services, using sites across the city, to improve Eleanor Brazil support to children, families and communities

Key

Significant delays or issues to address

Minor delays or issues to address Progressing as expected – on schedule to complete actions & targets Appendix 2 Action Tracker – Overall Summaries

Leeds Strategic Plan

Ref Improvement Priority Action Tracker Rating Environment

ENV-1c Undertake Actions to improve our resilience to current and future climate change.

Despite the global economic recession, we have gained Communities and Local Government (CLG) support for Leeds Urban Eco Settlement (LUES) and initial funding (250K revenue and 100K capital) for preparation of plans feasibility studies and first phase of retrofitting. Area includes Sustainable Homes Level 4 standards housing at Yarm Street and City Centre Park. Further progress on Conservation Area (CA) Appraisals (9 completed), Waste PFI and the Arena.

Although good progress has been achieved in these areas, failure to achieve the NI 188 target is a concern and a priority, and is expected to be achieved by Oct 2010. Work on the Leeds Flood Alleviation Scheme (FAS) is progressing, however further significant external funding is required

Page 151 to progress to approvals.

Learning

LN-1a Enhance the skills level of the workforce to fulfil individual and economic potential.

There have been changes to the skills infrastructure with the move from the Learning and Skills Council to the Skills Funding Agency, Young Peoples Learning Agency and the National Apprenticeships service and partners are working together to ensure appropriate and timely data is produced. Unfortunately new data regarding the proportion of the population with level 2 and 3 skills will not be available until September. Against the backdrop of the global economic recession we are still making progress. Business Link is the main gateway for publicity training support for business through the Train to Gain Programme. The Leeds Economy and Skills Partnership has established a new skills sub-group, and this group will take responsibility in the future for considering progress against the skills of the workforce improvement priority, further information will be available for the Quarter 2 2010-11 action tracker.

LN-1b Improve learning outcomes and skill levels for all 16 year olds, with a focus on narrowing the achievement gap.

The traffic light and direction of travel remain the same as at quarter 3, as no new pupil attainment data is available. Confirmed results have been published during quarter 4 for persistent absence in the 2008/09 academic year. The main focus of work during quarter 4 has been finalising statutory target-setting for the next academic year, addressing secondary improvement issues in the council’s Improvement Notice, carrying on consultation on changes to three secondary schools and continuing with ongoing school improvement initiatives and support for vulnerable schools.

Ref Improvement Priority Action Tracker Rating LN-1c Improve learning outcomes and skill levels for all 19 year olds.

Recently published results for 08-09 show some improvement as well as areas of concern. The impact of recent initiatives set out in the Children’s services improvement plan will not be reflected in these results. National results show an increase in the percentage of 19 year-olds achieving Level 2 and 3 qualifications. Level 2 performance improved in Leeds in 2009 with a closing of the gap to national performance and that of similar authorities, 70.9% of young people now reach this level. In terms of the children's services improvement plan target for 2010 this will require an additional improvement of 4.3%pts on the 2009 result, currently this cohort at aged 18 is tracking at 2.3%pts above the 2009 cohort with 69.8% having already reached Level 2. The implication for 2010 is for a good improvement in performance but not necessarily enough to reach the improvement plan target, based on past trends. Level 3 performance in Leeds rose 2% in 2009, but remains below that seen nationally and in similar authorities. However, the gap to both these benchmarks fell in 2009. The profile of the Level 2 at 19 measure has been raised by its inclusion in Leeds’ Improvement Notice. The gaps between the performance of pupils eligible and not eligible for free school meals have widened and remain significant challenges. The gap in level 2 performance between pupils eligible and not eligible for Free School Meals has widened in Leeds in 2010 (32.9%) and is now the largest it has been since 2005 (34.8%). The gap nationally is 22% and has fallen for each of the past 5 years. The picture is a similar one at Level 3 where the gap widened in Leeds to 29.7%, and the difference to national (24.6%) and similar authorities (26.5%) grew. The widening of the gap within Leeds is due to both an improvement for those not eligible for Free School Meals and a Page 152 fall in performance for those eligible.

LN-1d Increase the proportion of vulnerable groups engaged in education, training or employment

At 8.7% (1,826 young people) the adjusted NEET percentage for March 2010 is the lowest since comparable data records were started in March 2006 (10.4%). The current rate is a 16.8% reduction from March 2009, in comparison with a 11% reduction nationally. The recent trend is one of sustained improvement but there is a concern that the full impact of the economic recession has not yet been felt. Other local authorities are currently experiencing that effect resulting in Leeds moving into the top half of the statistical neighbours table for the first time. This provides some evidence that the recent measures put in place in Leeds are having the desired positive effect despite the overall risk associated with the downturn in the economy and the resultant risk of not meeting the November to January 2010/11 PSA target. The associated performance indicator of ‘Not Known’ remains a significant challenge and is one which has caused the greatest concern in terms of readiness for RPA. The quarterly performance (Nov-Jan) for 2009/10 at 8.9% was 21.3% worse than the same period last year but recent improved performance at 5.3% (March 2010) has demonstrated the impact of recent remedial measures. The current rate is a 39.3% reduction from March 2009, in comparison with a 10.5% reduction nationally. However, Leeds still has a high Not Known rate in comparison with statistical neighbours and the England average. Further measures led by the NEET Corporate Improvement Board will be focused on core and additional targeted activity in order to sustain this improvement.

Ref Improvement Priority Action Tracker Rating Health and Well Being

HW-1a Reduce Premature mortality in the most deprived areas

All age all cause mortality is still a significant issue in deprived areas of Leeds however this rate has decreased each year from 2001 to 2007 but there was increase in 2008. Based on the actual figures from the five year average periods 2001-2005 to 2004-2008 a forecast continuing at the same rate shows that difference in female and male life expectancy between the 10% most deprived and 10% least deprived LSOAs will continue to increase.

HW-1c Reduce rate of increase in obesity and raise physical activity for all.

Services have been redesigned and programmes and initiatives are in place to work with families, children and young people to provide support to help them achieve a healthy weight. National Child Measurement Programme data for 08-09 shows prevalence rates have increased for both years

Page 153 and are above the target rates with prevalence for obesity for Year 5 of 10.5% and for Year 6, at 21% . For adults Obesity prevalence is estimated on Health Survey for England 2003 data with the estimated prevalence for obesity being 23.8% in women and 22.7% of men. Based on this data we can conservatively estimate that for the population of Leeds approximately 152,084 people would be expected to be obese (BMI of 30kg/m2 or more). This figure is not weighted for deprivation but it should be noted men and women from unskilled manual groups are four times more likely to be obese than professional groups. Also see Action Tracker CU1a, which identifies further information regarding physical activity for all.

HW-1d / Reduce teenage conception and improve sexual health CYPP7

Our progress against our 2009-10 action plan is positive with majority of actions completed in line with national best practice recommendations. However our rates of conception remain high for Leeds.

Our indicator data for teenage conceptions, based on the national ONS data set, lags significantly behind any activity we undertake to reduce rates. We have created a local measure of conception through measuring 12 week bookings. These are shown in the right hand graph above. The number of teenage pregnancy bookings has declined in 2009 and teenagers are booking earlier. Confirmed figures for this will be available at Q1. The 2008 end of year rate for Leeds has been confirmed as 50.6 (per 1000, 15-17 year old females), a 5% increase on 2007, the national rate for England is 40.4. Comparing to other Core Cities, Leeds’ is midway between the highest and lowest performing on this indicator. We have utilised the Core Cities program to understand successful actions, they are summarised as extensive high level leadership investment and/or a context of well organised and integrated locality services we are including both these factors within the city’s 2010/11 action plan.

Levels of teenage pregnancy vary significantly between localities. Better quality data providing more timely information at the local level is supporting the development and coordination of services which are starting to have a positive impact. Ref Improvement Priority Action Tracker Rating

Our assessment of progress at this stage is red due to a full year rate for 2007-8 being higher than the rate for 2006-7. We are hopeful that actions over the previous 18 months will show impact on rates for mid to late 2009 onwards however we do not have sufficient evidence of this at this time.

HW-3a / Improve safeguarding arrangements for vulnerable children through better information, recognition and response to risk HW-1e / and improved assessment and care management CYPP-9

Following the inspection of safeguarding and looked after children in Q3, and the subsequent receipt of the Improvement Notice, an even greater emphasis on strengthening safeguarding is in place. The Improvement Plan provides the management framework in response to the inspection report and the Improvement Notice; it identifies all the areas where improvement is required and provides the tracking and monitoring framework. In addition to this the Interim Director of Children’s Services is receiving weekly update reports. The Improvement Notice placed specific targets on the performance of NI 59 and NI 60; the DCSF recognised that there was a significant historical backlog of overdue assessments which needed addressing urgently; and that the increasing incoming work exacerbates the problem. New, on-line, performance management dashboards were developed which identify progress and workloads, and performance, at a city, area, team and individual basis allowing managers to address this Page 154 backlog. Significant progress has been achieved. The backlog has been reduced, timeliness has improved and this has happened in the context of increasing numbers of referrals. • The outstanding assessment workload was reduced in the period from 10 th February to the end of March o NI 59 Initial Assessments; 689 down to 347 o NI 60 Core Assessments; 1526 down to 488 • Q4 annual performance results have not met the annual target, a position which reflects poor performance in previous quarters. o NI 59 Q3 58.3% Q4 59.7% o NI 60 Q3 65.9% Q4 66.9% • However, March performance shows an encouraging level improvement and suggests that the June targets in the Improvement Plan are achievable. o NI 59 March 73% o NI 60 March 79.4% The rate of reduction in outstanding assessments has levelled off; incoming workload and staff capacity is prohibiting further progress; this will be a priority target in Q1 2010/11

The rate of reduction in outstanding assessments has levelled off, incoming workload and staff capacity is prohibiting further progress; this will be a priority target in Q1 2010/11.

Ref Improvement Priority Action Tracker Rating Thriving Places

TP-1e Increase financial inclusion in deprived areas.

The financial inclusion partnership has three main aims, to improve access to affordable credit, access to free debt advice, and levels of financial literacy. Progress continues to be made towards achieving these aims. Over the last six months it is evident that the recession has increased the number of people with financial difficulties. However whilst those needing advice/support has increased, the recession has also had the effect of reducing the numbers accessing Credit Union services The main challenges for partners are to meet the increased demands within existing resources. TP-2c Improve lives by reducing the harm caused by substance misuse (Alcohol)

NB: It was decided this quarter to separate the issue of alcohol from other substance misuse so that this is the first time this has appeared as a separate tracker. Alcohol harm is a significant issue for Leeds both environmentally and socially. The Joint Strategic Needs Assessment identified alcohol related

Page 155 hospital admissions as increasing and is set to continue to increase. In response the partnership is reviewing the Alcohol Strategy and will revise the Action Plan to ensure the most appropriate interventions are being used. Demand for alcohol support services has also increased significantly and the PCT is seeking additional resources to better meet this need.

TP-3a Reduce worklessness across the city with a focus on deprived areas

The Worklessness Strategic Outcome Group, involving Jobcentre Plus, the Council, the Skills Funding Agency, the Third Sector, Yorkshire Forward and other key partners, has developed its interim plan requested by DWP and set out its plans to develop the Worklessness Assessment and the Work and Skills Plan 2011-14. This will create a detailed picture of local needs, existing provision, duplication and gaps and where provision needs to be realigned to more effectively meet need. The plan will set out the targeted provision that partners will make locally to engage with those furthest from the labour market, to complement the DWP national spine of employability provision delivered through Jobcentre Plus and DWP prime contractors.

The latest available DWP data (Aug 2009) shows that there are approximately 66,695 Working Age Client Group (WACG) claimants claiming out-of- work benefits in Leeds of which 23,660 were claiming Job Seekers Allowance, 31,115 (6.1%) were claiming Employment Support Allowance or Incapacity Benefit and 9,515 (1.9%) were lone parents in receipt of Income Support. The highest concentrations of inactive claimants (IB/ESA and Lone Parents) are located in Inner South and East Leeds which is reflected in the targeting of interventions by partners. The number of 16-18 year olds not in employment, education, or training was 1,822 (8.3%) of which 1,591 (7.0%) whose current status is not known. Arrangements for referrals and fast tracking of young people to employability schemes has been agreed.

The impact of job losses has been felt across all sectors and impacted across the whole of the district but the highest claimant rates are now Ref Improvement Priority Action Tracker Rating concentrated in the inner city’s worst performing areas (NI 153 areas). This is the pattern nationally and the above graph shows the lower than average levels of worklessness in Leeds tracked against this national measure. Progress within this area is largely dependent upon the state of the national economy.

The average weekly intake of new JSA claimants is running at 1251, 6.2% lower than 12 months ago, and of the people who left the register in February 2010, 54.2% had been unemployed for less than three months. In February 2010, 4,358 vacancies were notified in Leeds, an increase of 1,285 (41.8%) on January 2010. This was a decrease of 983 (18.4%) on February 2009. The top 3 notified vacancies in Leeds are currently for care assistants/home carers; market research interviewers; and sales representatives. The 3 most current sought after occupations by jobseekers are for sales and retail assistants; goods handlers and storage operatives; and general office assistants and clerks. In March 2010, Leeds had the third lowest Job Seekers Allowance claimant rate of the Core Cities, with only Bristol and Sheffield having a lower rate.

TP-3b Reduce the number of children in poverty

Page 156 The identification of project management support for the group has been an important achievement and will help drive the work of the group forward. The enactment of the Child Poverty Act 2010 provides a significant challenge will which require the focus of the group over the next 12 months and links need to be strengthened both with partners, and across council services. Nonetheless, the Act provides significant impetus for the work of the group and this agenda. Membership of the Group will need to be reviewed following the new duty to cooperate requirement set out in the Act.

The priority is rated as red due to a deteriorating position in terms of some of the indicators. However, the upward direction of travel arrow reflects the more effective work now being taken by the group.

Council Business Plan

Ref Improvement Priority Action Tracker Rating Intelligent Organisation

IO-1a/d Improve our systems and processes to enable use to use our information effectively; develop arrangements to protect and share information in line with legislative and regulatory requirements

Progress on delivering the IO Programme has been made including the redefining and restructuring of the programme. However, there has been delays in progressing the three main formal projects for IKM: EDRMS; the Records Management Facility; and BI Platform. These delays are attributable to a number of factors including changes in procurement rules which held up the procurement of the EDRMS, the need to redesign Westland Rd as the design of the Corporate Record Management Facility moved trough the RIBA design stages and internal resource problems which have slowed progress on the implementation of the BI Platform. As a consequence to these delays the overall rating is now deemed to be amber.

Page 157 IO-2 Improve customer involvement, choice and satisfaction

Through its Customer Strategy Board, the council is developing a ‘One Council’ approach to Customer Relations, drawing together action plans and sub boards for Customer Service Excellence, Reducing Avoidable Contact, E-services/channel management and Customer Insight. This will develop a corporate approach, with a focus on reducing the level of avoidable contact to the council, which has benefits for customer satisfaction and efficiency. In 2009-10 the council has made some good progress overall against these priorities as measured by the eight performance indicators on the page below. Four achieved their target, two improved on previous years’ results, and two missed the target in exceptional circumstances. The impact of the economic downturn during 2009, the industrial action between September and December, and the bad weather between December and February has impacted adversely on the volume of contact and service standard performance year-end result.

• The volume of self service (online and interactive voice recognition by telephone) continues to improve significantly overall and exceed our stretch targets, as customers choose to access and book services themselves. Library item renewals and online/IVR bids for housing now exceed 100,000 per month. • There has been an overall improvement in complaints response times from 72% in 2009/10 to 79%, although this is short of the target of 86%. For the first three quarters, the council was on track to achieve its target, but poor performance over a two month period in quarter four by one of our largest services brought down the overall council result. • Performance on the handling of letters within stated standards has improved on last year, and achieved the 90% target for 2009/10. Email performance has fallen from 2009/10, largely because of increased demand in quarter three linked to the economic downturn. • Telephone answer rates have fallen slightly from 2009/10 but remain above the target at 86%, even though some services such as Council Tax have experienced significantly increased levels of customer contact linked to the economic downturn. Ref Improvement Priority Action Tracker Rating • The percentage of contact which is of low or little value (NI 14) has fallen from 23.4% to 22.7% and is being monitored at service level via action plans. The council has also been putting plain English principles into practice across its communications and website, which will reduce the need for customers to call for unnecessary clarification. • 2009 Residents’ Survey showed an improvement in the proportion of citizens who are satisfied overall with the council, but at the same time showed a fall in the proportion of citizens who said they had made complaint in the previous 12 months and were happy with the way their complaint was handled. We are undertaking some more customer insight research and intelligence work to find out more about citizen expectations of council services and their propensity to complain.

Value for Money

VFM-1 Deliver our 5 year financial strategy to align resources to strategic priorities; embed sustainability in our resource management processes and consider additional sources of funding to support our priorities.

The improvement priority will in reality be delivered through in year monitoring and the annual budget process which cumulates in the budget report to Council in February each year. Council in February 2010 agreed its 2010/11 budget which includes additional provision for key priorities and Page 158 existing and emerging service pressures. Overall efficiencies of over £22m are included in the 2010/11 budget. The financial position for 2009/10 has proved difficult throughout the year and figures are still being finalised with a number of actions being considered to maintain reserves at no worse that the minimum level required by the Council’s risk based reserves strategy. Given the changed financial environment facing all of the public sector, work has now commenced on reviewing and updating the Council’s Medium Term Financial Plan as art of the review of the Council’s Business Plan.

Valuing People

VP- We have the right staff, in the right place with the right skills at the right time; improve leadership at all levels including 1a/b, officers and members; empower support and develop our staff and members by embedding core skills and behaviours 2a, 4a with performance based appraisals; and ensure colleagues reflect the diversity of our communities.

Although work and focus continues in this improvement area the overall rating has deteriorated. Whilst sickness absence per full time equivalent at 11.07 days at the end of quarter 4 is marginally above the target it represents a significant improvement on the 08/09 figure of 11.63 days per fte. Also the impact of the recessionary economy continues to hinder our efforts to achieve some of our equality & diversity targets evidenced by a decrease in staff turnover and a virtual recruitment freeze in order to achieve budget targets. Conversely the Staff Survey had some significant improvements in a number of areas with particular improvements in 3 out of 4 Business Plan targets. Other improvements have taken place in health, safety and wellbeing.

Agenda Item 16

Originator: Howard Claxton

Tel: 0113 295 0851

Report of the Director of City Development

To Executive Board

Date: 22nd June 2010

Subject: DEPUTATION TO COUNCIL, 21 APRIL 2010 REINSTATEMENT OF HISTORIC MARKET TOWN SIGN ON A1(M)

Electoral Wards Affected: Specific Implications For:

Wetherby Equality and Diversity

Community Cohesion

Narrowing the Gap

Eligible for Call In ü Not Eligible for Call In (Details contained in the report)

Executive Summary

A deputation to Council on the 21 April 2010 requested the reinstatement of the Wetherby Historic Market Town signage on the improved A1(M). This report is the response to that request and identifies the process required to progress a possible solution.

1.0 Purpose of this Report

1.1 This report provides information relating to the deputation received by Council at the April 2010 meeting concerning the Wetherby Business Association’s request for the reinstatement of the Wetherby Historic Market Town signage on the improved A1(M)

2.0 Background Information

2.1 A deputation from the Wetherby Business Association was heard by the 21 April 2010 meeting of Council. The subject was the reinstatement of an Historic Market Town sign, which was removed by the Highways Agency during works to upgrade the A1 to the A1(M).

2.2 In 2005 the Highways Agency (HA), which is an Executive Agency of the Department for Transport (DfT), indicated its intention of upgrading to motorway standard the A1 between Darrington and Dishforth. This included upgrading the section of the A1 between the A64 at Bramham Crossroads and the junction near Kirk Deighton north of Wetherby by converting the existing 2-lane dual carriageways of the A1 to 3-lane dual carriageways and introducing motorway regulations. Page 159

2.3 As part of the upgrade the road signing was amended to meet current regulations. Road signing on motorways, trunk and local roads is regulated by the Traffic Signs Regulations and General Directions 2002 (TSRGD). This is a comprehensive document detailing the signs which are approved for use on the highway. Any variations require special authorisation from the DfT.

2.4 The upgrade work started in 2007 and a completion ceremony was held in December 2009.

3.0 Main Issues

3.1 The upgrade removed a brown ‘Historic Market Town’ sign indicating ‘Wetherby’ for traffic heading northbound to exit the former A1. The HA have confirmed this was removed because it was no longer an approved sign within the TSRGD and the junction at which it was situated is no longer there. Signing for ‘Wetherby’ was provided at the new junction arrangement by the standard white lettering on blue background motorway direction signing.

3.2 The deputation from the Wetherby Business Association, detailed in the background information, indicated that since the removal of the ‘Historic Market Town’ sign:

• Wetherby businesses have seen a significant reduction in footfall, • The provision of a Motorway Service Area, just north of Wetherby, has reduced the number of vehicles attracted to the town, • Shops started to close soon after removal of the sign,

3.3 The businesses and residents have requested that the sign is reinstated.

3.4 Because the A1(M) is managed by the HA, the Council is unable to provide the sign but has contacted the HA seeking their consideration to the provision of a replacement white lettering on brown background ‘tourist’ sign indicating ‘Wetherby’ to be located prior to the northbound exit of the junction for Wetherby. (See attached drawing).

3.5 The HA has indicated that any request for the provision of a tourist sign will be considered upon submission of the appropriate application form. Details of how to apply, guidance on the criteria used to consider signing and a copy of the application form are available on the HA website. Should the sign be approved, the full costs of the work must be met by the applicant. This may be significant given the potential size of the sign and the traffic management work needed to allow for safe installation of the sign and posts.

3.6 The HA have advised that the application should not be submitted by the Council because, as Highway Authority for the local roads between the A1(M) and Wetherby, the Council will be consulted if the HA have any concerns about suitability of the route or the continuity of signing. The Council therefore needs to be able to demonstrate an independent view.

3.7 The HA have further advised that they will be looking at continuity of the style of signage from the M1 into Wetherby. It could potentially improve the likelihood of a successful application if the three roundabouts on the approach to Wetherby also had brown tourist signs. These would require a separate application to the Council and could cost around £2,200.

Page 160 3.8 The applicant would be advised to discuss the proposals with the HA and the Council to agree an approach that would be successful without incurring unnecessary cost.

3.9 The route between the A1(M) and Wetherby is considered to be already adequately signed but does not use the brown tourist signs.

3.10 Neither the HA or the Council can provide “Historic Market Town” signs due to the lack of compliance with the TSRGD. The seeking of special authorisation can be a lengthy process and is highly unlikely to be given in these circumstances because of the precedent this would set.

4.0 Implications for Council Policy and Governance

4.1 This report does not raise any specific implications for Council policy and Governance.

5.0 Legal and Resource Implications

5.1 This report has no specific legal and resource implications for the Council provided the full costs are borne by the third party.

6.0 Risk Assessments

6.1 No risks, other than those normally associated with working on the public highway are associated with the scheme.

7.0 Conclusions

7.1 A request for consideration of providing a tourist sign on the A1(M) should be submitted to the Highways Agency by an appropriate organisation from Wetherby. , This organisation is also advised to consider submitting a supporting application to the Council for signs on the local road network.

8.0 Recommendations

8.1 Members of the Executive Board are requested to:

1. NOTE the contents of the report, 2. SUPPORT the application for appropriate brown tourist signing for Wetherby from A1(M), from a third party, for example either the business community in Wetherby or the Wetherby Town Council and 3. AGREE the applicant should fund all associated costs.

9.0 Background Papers

The following documents provide background information for this report:

i) Deputation to Leeds City Council concerning the reinstatement of the Historic Market Town sign for Wetherby.

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Page 164

DEPUTATION ONE WETHERBY BUSINESS ASSOCIATION

THE LORD MAYOR: Good afternoon and welcome to today’s Council meeting. Please make your speech now to the Council, which should not be longer than five minutes, and please begin your introduction by introducing the people in your deputation.

MS R NICHOLSON: Lord Mayor Members of the Council, my name is Rosemary Nicholson and I am chairman of Wetherby Business Association and I am supported by fellow members, vice chairman Sheilagh Venn and Susannah Berry from Wetherby News.

We are sick with worry about the severe downturn in business within Wetherby town. Since the upgrade of the A1 to motorway standard which necessarily involved removing the Historic Market Town brown sign, Wetherby businesses have seen a significant reduction in footfall.

Unfortunately the services area just north of Wetherby has been labelled as Wetherby Services, which has added to this poor situation.

The entrances to Wetherby, North and South, are not yet on satellite navigation systems so it is easy to understand why people are bypassing the town. What will be shown on a satellite navigation is the old slip roads and as these no longer exist people just drive by.

Historically, Wetherby has played host to significant tourist numbers on a daily basis. We have been a popular stopping off point for coaches and people travelling up and down the country.

Today, this is not the case. Since the removal of the brown sign and the introduction of the Wetherby Services sign, cars and coaches are stopping at the services area rather than them seeing the attractiveness of Wetherby through the Historic Market Town brown sign.

Shops started to close shortly after the removal of the sign. Business, as you know, has seen a dramatic downturn due to the recession and where businesses were struggling, they then were faced with an almost complete drop off of customers leading to inevitable closure.

In some instances shop owners have simply handed back they keys to the landlord as they could not make the business pay. Only two weeks ago, I received an email giving details of potentially six shops that are due to close within the next couple of months. This is on top of five units that are already empty. To add insult to injury, we have just heard that the Co-op in Market Place is to close. The Co-op is also home to our Post Office so it is particularly tragic that the Co-op finds itself having to close due to the downturn in trade.

Interestingly, our local newspaper, the Wetherby News, has been running a campaign seeking local support for the reinstatement of our brown sign. As you can just see the petition runs to several pages and this is from local residents, not just businesses. Even

Page 165 residents can see that the atmosphere within the town has changed and certainly not for the better.

We need our brown sign back now. We have the full support of our Ward Councillors, Wetherby Town Council and I also have a letter of support from our Elmet Member of Parliament, Colin Burgan, plus we have support from the Shadow Transport Secretary, Teresa Villiers.

We now need the support of you, members of the Council. Please do not let our town die – give us back our brown sign. (Applause)

THE LORD MAYOR: Councillor Bentley?

COUNCILLOR BENTLEY: Thank you, Lord Mayor. I move that the matter be referred to the Executive Board for consideration.

COUNCILLOR GRUEN: Yes, I second that, Lord Mayor.

THE LORD MAYOR: Could we take a vote on that, please? (A vote was taken) This is CARRIED .

Thank you for attending and for what you have said. You will be kept informed of the consideration which your comments will receive. Good afternoon.

Page 166 Agenda Item 17

Originator: C. Follin

Tel: 2474474

Report of the Director City Development

Executive Board

Date: 22 June 2010

Subject: Response to Deputation by the National Market Traders Federation

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In ü (Details contained in the report)

EXECUTIVE SUMMARY

1. On 21 April 2010 Council received a deputation from the Kirkgate market branch of National Market Traders Federation (NMTF) which called for: a. an immediate lift of the recruitment ban to enable proactive headhunting of an expert who has experience of rebuilding failing markets; b. an immediate rent reduction ; c. an immediate reduction in car parking charges for the Markets and surrounding areas; d. immediate reinvestment.

2. This report seeks to address each of these demands and proposes that

a. following a review of markets management and consultation with Trades Unions, a permanent Markets Manager post is created and that the Council’s normal recruitment policies are followed;

b. there is no immediate rent reduction but that an independent rent review is undertaken and that the charges for extending produce beyond stalls into the ‘Yellow Line’ area are reduced and that administrative charges for a change in use etc are reviewed and that notice periods are reduced from six to three months in line with notice periods of other commercial Council leases;

c. there is no reduction in car parking charges; d. a fully costed report on the condition of the whole of the market is prepared for the next meeting of Executive Board; D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 167

e. Tenants continue to be encouraged to take advantage of the Business Support Scheme.

1.0 Purpose of This Report

1.1 This report considers the deputation from the National Market Traders Federation (NMTF) which the Council received on April 2010 and provides a response to the issues raised.

2.0 Background Information

2.1 The deputation from the Kirkgate market branch of National Market Traders Federation (NMTF) to Council on 21 April 2010 called for:

a. an immediate lift of the recruitment ban to enable proactive headhunting of an expert who has experience of rebuilding failing markets b. an immediate rent reduction c. an immediate reduction in car parking charges for the Markets and surrounding areas d. immediate reinvestment.

2.2 Each of these demands is considered in turn in Section 3.0.

3.0 Main Issues

3.1 ‘An immediate lift of the recruitment ban to enable proactive headhunting of an expert who has experience of rebuilding failing markets. ’ 3.1.1 The Council does not currently have a ban on recruitment. The Markets Service was transferred from Asset Management to Economic Development in December 2009. The Head of Markets, Chris Sanderson retired and responsibility for the Markets transferred to the City Centre Manager. Given the wider responsibilities of the City Centre Manager and to allow for a full review of the management structure of the Markets, an Acting Markets Manager post was created and, following an application and interview, filled by the Deputy Markets Manager for an initial period of six months.

3.1.2 It is anticipated that following the review of the management of the Markets Service and consultation with Trades Unions a permanent Markets Manager post will be created. The Council’s normal recruitment policies will be followed for this post.

3.2 ‘An immediate rent reduction .’

3.2.1 On 9 December 2009 the Executive Board carefully considered a request to reduce rents at Kirkgate and concluded that a rent reduction would not make a significant difference to the overall success of the market. For example a 25% rent reduction for a single stall in the 1976 indoor market building, where vacancy levels are highest, would only amount to a £14 a week saving.

3.2.2 Instead a Business Support Scheme to which tenants can apply for assistance was introduced providing independent business support, advice and financial assistance on a case by case basis for those businesses which are suffering from the economic recession and need assistance to continue to trade. This D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 168 support applies not only to Kirkgate Market tenants but also small independent commercial tenants of other Council owned properties. At the time of writing 67 businesses based within Kirkgate Market have applied for support of one form or another and 14 tenants have received funding. An update on the number applying will be given at the meeting.

3.2.3 It is fair to say that when most tenants talk about rent they are in fact referring to an amalgam of rent, service charge and business rates. Clearly the Council has no influence over the level of business rates although assistance has been given to tenants to help them claim rate rebates where they qualify. Service charges cover most but not all the costs of running the market such as most staffing costs, maintenance and security costs. The Markets service simply recharges the costs it incurs to tenants.

3.2.4 Officers have compared Leeds rental levels with other markets and considered advice from the last independent rent review for the market. It is extremely difficult to compare rental levels between markets as markets have different charging systems with some, like Leeds, separately charging for rent, service charges and Business Rates and others making a global charge for a stall. Market rents in Leeds vary from £28.75/sq.ft. plus £11.15/sq.ft. service charge in the 1975 building to £52.50 plus £11.15 service charge in parts of the 1904 building. Rents in Nottingham for example range from £42.31/sq.ft. to £51.57/sq.ft., however these figures are inclusive of service charge and rates.

3.2.5 Trying to judge whether the cost of having a stall in Leeds is fair compared to the cost of having a stall at other markets is difficult. Independent rent reviews in 2002 and 2005 compared Leeds with a number of Markets in the UK and concluded that it was difficult to draw any conclusions because of the lack of common denominators - the Markets were all of different sizes; the types of leases varied considerably; some occupied prime positions and some poor secondary; and some towns were stronger retail centres than others. The only conclusion that the valuer could draw was that Leeds Kirkgate Market was the largest indoor market in the U.K. and that the retail market in Leeds City Centre was extremely vibrant. As a consequence he believed it must be capable of generating greater rents per square foot for its market stalls than other towns or cities.

3.2.6 In the current recession some shopping centres are offering a number of incentives to new tenants – for example the Corn Exchange is offering free rent for the first year, although their service charges are higher than the Council’s. The Council does allow existing stall holders the opportunity to rent additional stalls at 10% of the rent, although full service charges are payable. Unlike other markets’ incentive schemes this is not time limited, although some tenants feel it gives an unfair competitive advantage to tenants who take advantage of it. Incentives to new tenants are not so generous – any rent reduction is based solely on the level of investment being made by the tenants and are always time limited.

3.2.7 Officers propose that an independent rent review is undertaken to see if the level of rents are appropriate. In the interim and without prejudice to the outcome of the rent review it is proposed that there is a reduction of 50% in the charges for extending produce beyond stalls into the ‘Yellow Line’ area and the administrative charges are reviewed. The impact of such changes on revenue is difficult to estimate: current income per annum from ‘Yellow Lines’ D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 169 is £63,672.44, however only 34 stalls out of the 413 which are eligible to have a ‘Yellow Line’, have one so by reducing the charges some lost income may be recouped.

3.3 ‘An immediate reduction in car parking charges for the Markets and surrounding areas.’

3.3.1 There is both a council owned surface level car park and an NCP multi-storey car park adjacent to the Market. With respect to the Council’s car park, a discount is given to drivers who shop in the market on Wednesday afternoons and the car park is very well used throughout the week – it is frequently at full capacity. Parking Services are currently unable to fund any further reduction in car parking charges. A global reduction would not guarantee that more drivers would use the market as the car park is well used by city centre shoppers. Research at both Kirkgate Market and Bradford market (which has a large council owned car park adjacent to its market) showed that the majority of market customers either come on foot or by bus. . 3.4 ‘I mmediate reinvestment’ . 3.4.1 The Council invested around £12m in the market during the eight years up to 2000 - this was for the refurbishment of the open market, the 1875/1904 markets, the relocation of the fish market and installation of CCTV (these last two projects were undertaken c1998/9). Since 2000 the following investment, totaling in excess of £1.4m, has taken place:

• New central toilets - £600k • Automatic doors on all entrances - £100k • new floor in 1976/81 - £230k • Vacant stall improvements - £150k • Cleaning/plant purchase - £130k • Electrical switchgear replacement - £50k • Installation of a safety line system, 1904 roof - £118k • 1976/81 circulation improvements - £55k • Installation of a free cash machine • Improved recycling facilities - the markets now recycle a greater % of its waste than any other council building.

3.4.2 Executive Board in December agreed additional funding of £250,000 over two years from the Council’s capital programme to undertake a number of improvements to the environment of the indoor market focusing on attracting and retaining shoppers. A full condition survey on the whole of the market is also being prepared and a report will be brought back to the Executive Board.

4.0 Other measures the Council is taking

4.1 More than 10 million people visit Kirkgate every year although more needs to be done to get new shoppers into the market and get existing shoppers to spend more when they are there. It is encouraging that more new traders joined the market (39) than left (37) in the 12 months to 31 st March 2010.

D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 170 Partnership with the PCT will bring Jamie Oliver’s Ministry of Food to Kirkgate market this summer www.jamiesministryoffood.com .

4.2 A new map listing all stalls is being developed.

4.3 Marketing. An official website which will feature every trader free of charge is being developed together with an overall marketing strategy, to promote not only Kirkgate market but district markets as well. Traders are being encouraged to participate in the Leeds Loves Food festival in early July, although take up has been slow so far. On the 12 th April and on Friday 7 th May the Markets were positively featured on national BBC breakfast news a number of times during the two hour broadcasts. The markets have also been filmed in recent months for a number of television dramas. Sadly one bad news story can wipe out months of positive promotion and marketing. Unfortunately recent publicity surrounding the Friends of Kirkgate Market meeting led some traders whose first language is not English to believe that the market is closing in two months time so they were going to stop re-ordering stock. Markets staff have been able to reassure these tenants and we are now producing a regular newsletter to all tenants to help to dispel such myths.

4.4 At present tenants have to give six months notice to quit. It is now proposed that this is brought in line with the notice period for other commercial Council tenancies which is 3 months.

5.0 Legal And Resource Implications

5.1 It is estimated that reducing charges to tenants for ‘Yellow Line’ Areas will reduce income by approximately £32,000 . The extent that reducing charges for changes in use etc, together with a reduction in notice period from 6 to 3 months will reduce income is more difficult to estimate as it depends on the number of tenants applying for a change of use etc or leaving the market. An increasing number of tenants are leaving the market without giving notice; they are often in arrears and it is proving increasingly difficult to obtain the monies they owe the Council.

6.0 Conclusions

6.1 It is important to place the difficulties many tenants are facing within the context of the rest of the city centre. All retailers have been affected by the recession and this was compounded in Leeds with the bad weather and bus strikes in winter. Retailers such as Woolworths, Zavvi, Ainsley’s and Borders have all gone out of business. It is inevitable that some more marginal traders will not be able to survive this recession – some were struggling even during the retail boom. There are a number of reasons for this including increased competition in Leeds City Centre from Primark, TK Maxx and supermarkets who can often sell goods at a lower price than traders can buy them. Customers expectations are rising, the traditional market shopper is literally dying out and many tenants are not changing with the times to attract younger often more demanding customers who wish for example to be able to:

• try on clothes before buying them in pleasant surroundings. (Many people will remember when M&S bowed to pressure from customers and introduced changing rooms). Some traders provide this service but not all;

D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 171 • pay even relatively small amounts by debit or credit card and buy on-line. Again only few traders offer these services; • shop on Sundays (this is an increasingly popular time to shop) and in the late afternoon/early evening – many shops now open longer, often at least until 6pm and often later catching commuters on their way home or before an evening out in the city centre at the cinema, theatre or in bars or restaurants.

6.2 Much more effective marketing of the markets to attract new customers is required and officers are putting a number of measures in place to address this issue, including a new website, tours by school children and more effective branding and promotion.

6.3 Relatively few tenants have taken advantage of the financial and business support that is available, although they will continue to be encouraged to do so.

7.0 Recommendations

7.1 Members of Executive Board are requested to :

i. note this report and the actions being taken to support the market;

ii. endorse the proposal that following a review of markets management and consultation with Trades Unions, a permanent Markets Manager post is created and that the Council’s normal recruitment policies are followed for a post of this grade;

iii. agree that there is no immediate rent reduction but that an independent rent review is undertaken and that the charges for extending produce beyond stalls into the ‘Yellow Line’ area are reduced and that administrative charges for a change in use etc are reviewed and that notice periods are reduced from six to three months in line with notice periods of other commercial Council leases;

iv. agree that there is no reduction in car parking charges;

v. note that a fully costed report on the condition of the whole of the market to be brought back to a future meeting of Executive Board;

vi. note that tenants continue to be encouraged to take advantage of the Business Support Scheme.

Background Papers

Deputation to Council on 21 st April by Leeds Kirkgate Market traders Executive Board report 9 th December 2009: ‘Business Support Scheme for the Council’s small business tenants and investment in Kirkgate Markets’

D:\moderngov\Data\AgendaItemDocs\6\1\9\AI00025916\KirkgateMarketCoverReportv21106100.doc Page 172

DEPUTATION THREE NATIONAL FEDERATION OF MARKET TRADERS

THE LORD MAYOR: Good afternoon and welcome to today’s Council meeting. Please now make your speech to the Council, which should not be longer than five minutes, and please begin by introducing the people in your deputation.

MS J WILLIAMS: My Lord Mayor and fellow Councillors, my name is Jo Williams. I am here today with Mrs Laughton, Mr Singh and Mrs Hocken we are here representing the National Marker Traders Federation Leeds Branch.

Leeds Kirkgate Market, the largest undercover market in Europe, a magnificent landmark and once a highly successful resource for the people of Leeds. Indeed the flagship for Leeds where customers and tourists came from near and far to benefit from the service this wonderful market provided.

Sadly, this is no longer the case - the market has been in decline for the last 20 years of more, as threats of redevelopment have blighted reinvestment in the Market. Market traders, many of whom are long standing businessmen and women are struggling to survive due to the low standard of the environment in which they are trading, and the high level of rents which they are being asked to pay for sub-standard conditions.

Leeds Kirkgate Market currently generated over £3m of rental income per year, with a surplus of over £1,000,000 and yet as this money goes into the central Council pot, very little comes back out as reinvestment into repairing or improving the market.

The standard of the market has fallen significantly and we need to bring it back to become a place where people want to visit, shop, stay and promote as a wonderful resource filled with quality, value for money, product expertise and a service which is second to none. If we can generate this amount of income now, just think of what would we could do if in the future we get it back to where it should be. The people of Leeds deserve to benefit from this income.

The market has approximately 400 units and a large proportion of these are currently unoccupied. Why are these unoccupied? Well for a variety of reasons, mainly due to the fact that potential tenants take one look at the market and think ‘Is this a viable place to build or develop my business?’ and at present, it is not. Any businessman or woman knows that for your business to survive, you need to be situated in a place that looks attractive, is clean and is safe for customers to visit. A number of the traders have had in-depth business analysis with financial experts and business link and the outcome of these investigations are that the ‘businesses are successful, but their location and surrounding environment is letting them down’.

The ripple effect of the decline of the market goes much wider than the tenants though:-

§ Each unit employing between 1 to 10 people

Page 173 § These businesses supporting up to 50 suppliers § Each of these suppliers employing between 1 and 350 people

It does not take a genius to see the huge economic impact that this market has, not only on the livelihoods of the tenants, but the significant impact this has on the employment market should this be allowed to continue to decline. Leeds cannot afford to support further unemployment, and if the market goes, where would these low income people shop? Out of city supermarkets? Taking further income from the City Centre? We need to take action on this and we need to take it now.

Why is the market in crisis? Well, some people would say it is due to the recession, but this is not the case as this decline was happening long before the credit crunch of 2009. The fact that these businessmen and women are still standing here after coming through the other side of not only one but in some cases two recessions surely shows that they have good business sense.

So what has gone wrong? Could it be the redevelopment strategy, which we have been advised is the only strategy which the markets have been working with for the past ten years? How can you run a market or any business without a strategy?

We need someone to take this bull by the horns, be open and transparent about the short, mid and long term plans for the market and manage this market.

§ We need an immediate lift of the recruitment ban to enable proactive headhunting of an expert who has experience of rebuilding failing markets. § We need an immediate rent reduction. § We need an immediate reduction in car parking for the markets and surrounding areas. § We need immediate reinvestment § Time is not on our side.

We need to work together and rebuild this into the market and flagship for Leeds it once was and can be again – give people of Leeds something to be proud of, and you can be the ones who can look back in years to come and say ‘I played my part in making that happen..’

Thank you for giving us this opportunity.

THE LORD MAYOR: Councillor Bentley?

COUNCILLOR BENTLEY: Thank you, Lord Mayor. I move that the matter be referred to the Executive Board for consideration.

COUNCILLOR GRUEN: Lord Mayor, I have great pleasure in seconding.

THE LORD MAYOR: Could I have a show of hands in favour? (A vote was taken) This is CARRIED .

Thank you for attending and for what you have said. You will be kept informed of the consideration which your comments will receive. Good afternoon.

Page 174 Agenda Item 18

Originator: Neill Fishman

Tel: 220 6350

Report of : Director of City Development

To: Executive Board

Date: 22 June 2010

Subject: Granting of a new 20 year lease at a peppercorn rent in respect of the new Middleton Enterprise Centre

Electoral Wards Affected: Specific Implications For: Middleton Park Equality and Diversity

Community Cohesion

Narrowing the Gap x Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In x (Details contained in the report)

EXECUTIVE SUMMARY

1. In January Executive Board approved a proposal for the development of a new enterprise centre in Middleton and expenditure of £1.616 million on the project. The centre will be some 727 square metres and will provide a single and central access point to enterprise support at a very localised level predominantly for residents of Middleton and Belle Isle. The building will be owned by Leeds City Council and managed on a day to day basis by Health For All (HFA).

The site of the new centre is currently occupied by Health for All who had a lease of the old building at a peppercorn rent.

Executive Board is asked to approve a new 20 year lease at a peppercorn rent to HFA in respect of the new Middleton Enterprise Centre.

1.0 Purpose Of This Report

1.1 This report seeks Executive Board approval to grant a new 20 year lease to Health for All (HFA), at a peppercorn rent in respect of the new Middleton Enterprise Centre.

Page 175 2.0 Background Information

2.1 Development of the Middleton Enterprise Centre is being part funded by Central Government's Local Enterprise Growth Initiative (LEGI), which was announced in 2005 to try and tackle worklessness in some of the most deprived areas of England through the encouragement of enterprise. In December 2006 Leeds was awarded £15.6 million for the three year period 1st April 2007 to 31st March 2010. This was reported to Executive Board in March 2007. In late 2007 the programme was extended by a further year and an additional £5 million in funding also awarded. The programme's primary focus is on 31 Super Output Areas (SOAs) 1, which were amongst the 3% most deprived in England based on the Government's 2004 Index of Multiple Deprivation. The cornerstone of the programme is the establishment of up to five permanent catalyst/enterprise centres strategically situated in some of the city's most deprived neighbourhoods to provide a central and single access point to enterprise support at a very localised level. As well as housing a catalyst centre, which combines workspace with networking, local events/seminars and on site business support, the centres also offer small office accommodation, meeting and conference facilities, with the primary target audience being pre and new start businesses. To date permanent centres have been established in Beeston, Harehills and , with Middleton planned as the fourth.

2.2 The majority of the remainder of the funding will be provided by the European Commission’s European Regional Development Fund (ERDF) programme under the Priority 3 Sustainable Communities strand, which targets resources at the 10% most deprived SOAs in Yorkshire and Humber, which includes parts of Belle Isle and Middleton.

2.3 In January 2010 Executive Board agreed to endorse the development of a new enterprise centre in Middleton and to endorse expenditure of £1,616,450 on the project. Although the report submitted at that time did explain that the proposal included leasing the new centre to Health for All on a peppercorn rent, approval for the lease at ‘less than best consideration’ was not sought at that time.

2.4 Health for All (formerly known as South Leeds Health for All) was established in 1991 with one member of staff and a grant of £30,000 to work with disadvantaged communities in South Leeds. Since that time the organisation has grown rapidly and now employs 143 staff and has a turnover of £2.2m. Sixty percent of turnover is derived from trading activities, the remainder from grant supported activity.

2.5 The site on which the new Middleton Enterprise Centre will be built is owned by Leeds City Council and the existing building leased on a full repair and insuring basis to HFA at a peppercorn rent. The lease expired in 2006 and HFA are currently occupying the building on a holding over arrangement. The existing building comprises an old community hall, as well as offices which are used as headquarters for HFA. The proposal is for HFA to surrender the lease and for the Council to demolish the existing building and replace it with a new two-storey enterprise centre. centre.

1 There are 32,482 SOAs in England, 476 of which are in Leeds. Each SOA is of equal size, approximately 1,500 people on average. Division of wards into SOAs allows for a more accurate pinpointing of areas of severe deprivation. Page 176 2.6 HFA provides a number of health and wellbeing related activities, including projects that:

• Encourage healthy lifestyle, particularly amongst BME communities and young and old people; • Address health inequalities by focussing on communities in which health outcomes are relatively poor; • Use community development approaches to identify health needs and assist with advice, information and set up new initiatives.

2.7 As well as health focussed activity, HFA provides a number of community and family related activities, including projects that:

• Support children and young people, including a mobile crèche, schools projects and community based projects; • Support children’s centres and schools by providing intensive family support; • Supports parents, including projects that engage with fathers and father figures; • Link communities to learning, including English conversation clubs for refugees and asylum seekers as well as groups for gypsies and travellers, Asian women carers and Sikh and Hindu men and women; • Offer help with issues including child protection, parenting, disability and access to services.

2.8 In 2009 HFA established Health for All Enterprises, an independent Community Interest Company that provides support services to deprived communities, such as:

• Eduplay mobile centre, which provides a mobile crèche in a variety of community based venues enabling local people to access learning, health and social activities; • Eduplay Funky Fun Bus is a double decker bus that was purchased and converted by HFA and is hired out for children’s parties and events; • Transport Link community transport uses a fleet of minibuses to provide safe transport services to school, youth and community groups, voluntary and statutory organisations at competitive rates; • Business services provides a full range of administration and financial support tailored to the specific needs of customers, including CRB checking, payroll, human resources and advice and bookkeeping; • Enterprise awareness is funded by the LEGI programme which aims to promote and raise awareness of enterprise/self employment as an option using community outreach and events. This project is also building impetus and demand for the enterprise centre.

These projects were developed out of recognition that HFA had developed into a successful enterprise and due to the changing nature of funding in the third sector the need to develop projects that were sustainable.

3.0 Middleton Enterprise Centre, Main Issues

3.1 The concept of a new enterprise centre for Middleton has been developed in conjunction with HFA who were identified as a partner as part of an open commissioning process undertaken by the LEGI Programme Management Team in 2007. The new enterprise centre will be located on the site of the current Tenant's Hall, Acre Close in Middleton and will be some 727 square metres. The centre will

Page 177 provide hot desk space, small office accommodation, conference and meeting facilities, as well as on site business support.

3.2 The project is being taken forward by the Council's Strategic Design Alliance and is currently at Design Freeze stage. Tenders are due to go out in July with site works anticipated to start in November. Build time is projected at 34 - 40 weeks (depending on weather), with the building formally open by September 2011. Whilst construction is taking place HFA have made a request to the Council to occupy Middleton Advice Centre, discussions regarding which are currently taking place. Following construction eight staff employed by HFA will move in to the new building, with the remainder remaining in Middleton Advice Centre.

3.3 The new building will be owned by Leeds City Council and leased to HFA at a peppercorn rent. The lease will be on a full repairing and insuring basis. HFA will manage the building on a day to day basis under Service Level Agreement from the Council. Under the terms and conditions of the Agreement HFA and not the Council will be responsible for any operational losses incurred. To mitigate this a detailed business plan has been developed by HFA in conjunction with the Council to ensure self-sustainability post March 2011. The business plan is based on certain assumptions, in particular occupancy levels and the hiring out of meeting and conference facilities. It is the opinion of the LEGI Programme Management Team and also the Community Assets Officer that the business plan is realistic. For the first full year of operation a net loss of £34.5k is projected, reducing to £13k in year two and moving in to profit in year three.

3.4 HFA has grown rapidly over the past 20 years and whilst to some extent they are reliant on grant income, which with it brings uncertainties, the largest proportion of their income is derived from trading services. Whilst there can never be any guarantees, both the LEGI Programme Management Team and the Community Assets Officer are confident that the organisation is viable in the long term. HFA also has considerable property management experience as they currently employ a Facilities Manager to manage a number of properties across south Leeds.

3.5 The project has been scored using the framework developed as part of the draft Community Assets Strategy and achieved an overall score of High.

4.0 Implications For Council Policy And Governance

4.1 The project will contribute to the ‘Narrowing the Gap’ agenda by helping to regenerate deprived communities, whilst at the same time providing a new asset to aid the city’s future development.

5.0 Legal And Resource Implications

5.1 Under the terms and conditions of the ERDF offer letter the proposed building must be used as an enterprise centre for a period of 20 years. Should the Council change its use or ownership within that period then it may be liable to repay some or all the ERDF grant provided.

5.2 There are no revenue implications for the Council as a full repairing and insuring lease will be issued to HFA who will also be responsible for absorbing any operational losses incurred. To mitigate projected losses, as outlined in 3.4, the Leeds LEGI Programme is proposing to offer a revenue subsidy of up to £40k per year for financial years 2010/11 and 2011/12 towards operational costs.

Page 178 5.3 Well Being powers are afforded to the Council by section 2 of the Local Government Act 2000, which enables the Council to dispose of land and building for "less than best consideration" where:

a) The undervalue is £2,000,000 or less and that the Council is satisfied that;

b) The land is held under powers which permit it to be disposed of under the Local Government Act 1972;

c) The purpose for which the land is to be disposed is likely to contribute to the achievement of any one or more of the following objects in respect of the whole or any part of the Council’s area or of any person resident or present in the area:

i) The promotion or improvement of the economic well-being; ii) The promotion or improvement of the social well-being; iii) The promotion or improvement of environmental well-being as set out in the Council’s community strategy, which is the Leeds Strategic Plan. 5.4 An independent valuation of the site was undertaken in April 2009, and concluded that if the site were available for disposal the market value would be £150,000. However it should be noted that, in the absence of this scheme, support would be offered for Health For All to be permitted to remain in occupation of the existing building on a full repairing lease at nil rent. It should also be noted that through the development of this externally funded building, the Council will hold an improved asset which it would not otherwise have had.

6.0 Conclusions

6.1 In the wider context the Leeds LEGI programme provides the City Council and its partners with a significant opportunity to create new businesses, local wealth and jobs within some of the City's most deprived communities.

6.2 This particular project, through the availability of external funding, provides a one off opportunity to create a physical enterprise presence in the heart of one of the City's most deprived communities, which will act as a local enterprise hub to make a significant impact in addressing the high levels of unemployment and low levels of self-employment that currently exist in the area.

6.3 HFA is a successful and well regarded organisation. For nineteen years it has undertaken a wide variety of projects successfully and have pro-actively sought ways to move away from grant dependency and generate their own income. Although the Middleton Enterprise Centre represents a larger project than undertaken by HFA previously, the business plan for the project is considered sound and officers are confident it can undertake the project successfully.

7.0 Recommendations

7.1 That Executive Board:

• Approve the proposal to grant a 20 year lease to Health for All for the new Middleton Enterprise Centre at a peppercorn rent.

Background Papers

Executive Board report – January 2010 Page 179 This page is intentionally left blank

Page 180 Agenda Item 19

Originator: Helen Cerroti

Tel: 3952111

Report of the Director of City Development

Executive Board

Date: 22 June 2010

Subject: Response to the City Development Scrutiny Board’s Inquiry to Review the Method by which Planning Applications are Publicised and Community Involvement takes place

Electoral Wards Affected: Specific Implications For:

Equality and Diversity All Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In ü (Details contained in the report)

1.0 Purpose Of This Report 1.1 This report provides the Executive Board with details of the recommendations from the recent City Development Scrutiny Board Inquiry into the ways planning applications are publicised and in which community involvement takes place and details how the Director proposes to respond to each recommendation. The report asks the Board to approve the proposed response.

2.0 Background 2.1 In early 2010 the City Development Scrutiny Board conducted an inquiry into the way Planning Services publicises applications and the ways in which community involvement takes place.

2.2 Three sessions took place between January and March, including evidence from a number of witness who provided their experiences, both good and bad about the way Planning Services notifies and involves the local community.

2.3 Statutory requirements for consultation and notification are set out in the Town and Country Planning (General Development Procedure) Order 1995 (GDPO) and so by law planning operates within timescales and legal parameters. The Board acknowledged that these constraints have an effect on the type and scope of the notification and consultation that can normally be carried out. The Board also recognised that a balance is always needed between consideration of the cost and speed of decision making and providing a reasonable opportunity for the public to comment and influence the scheme.

Page 181

2.4 The Scrutiny Board’s final report makes 13 recommendations for action and work is underway or planned to address them. The actions will be monitored by the Board as part of its regular recommendation monitoring activity.

3.0 Main Issues 3.1 Each of the 13 Scrutiny Board recommendations are described below, along with a response from the Director of City Development, with actions, timescales and where appropriate, resource implications.

3.2 Recommendation1 That the Chief Planning Officer monitors Core Cities and other West Yorkshire Authorities and the performance of the new arrangements that are changing the Leeds Planning Service from one of development control to development management, in order to identify and adopt best practice.

The Chief Planning Services Officer attends the Core Cities group and the Head of Planning Services attends the Heads of West Yorkshire Planning Management, which meets to share good practice, discuss changes in planning and offers benchmarking opportunities. There will be the opportunity for monitoring of the new development management arrangements through these forums in order to adopt best practice.

3.3 Recommendation 2 That Leeds Planning Service redefine the role of its Planning Officers by aligning the geographical areas of work to the area committees so they can act more proactively in fostering liaison with developers, Members and the local community.

The restructure of planning officers aligning them to the area committees will facilitate proactive working, better knowledge of the locality and of the issues which are important to local communities. The restructure will be in place by Summer 2010.

3.4 Recommendation 3 That in order to achieve consistency of service across the city the Chief Planning Officer

o seeks funding opportunities to extend the network of Community Planners with priority given to disadvantaged areas and hard to reach groups. o if satisfactory progress is not made by 2012 consideration be given in the budget review to consider how these posts could be funded. o in the interim and as part of the restructure of the area teams consider the appointment of nominated officers to cover specific areas as an option.

The restructure will bring Officers and Area Committees into closer contact and build a strengthened relationship, but their role cannot duplicate that of the dedicated Community Planner.

The role of Community Planner is key in the liaison between local communities and Planning Services. Community Planners advise the Area Committee, Ward Members, Parish and Town Councils and other groups on the implications of planning proposals, applications and appeals submitted within the area and/or affecting the locality. The posts are funded by the Area Committees and the service will be contacting all Area Committees about the availability of funding for the Community Planners in their areas. Page 182

Work will also be undertaken with the Equality Hubs and the continued building up of a community consultation database will go some way into reaching the hard to reach groups.

3.5 Recommendation 4 That the Chief Planning Officer look for opportunities for cost savings and reviews when site notices are issued whilst maintaining a consistent approach across the city by 31st March 2011.

The service is engaged in a continuous review of the methods used for public engagement, including use of site notices to determine on which types of developments and in which circumstances site notices should be used. An assessment of costs will be made in relation to other available methods of notification to ensure value for money, balancing the effectiveness of the methods with the costs. A consistent approach will be adopted across the city by March 2011.

3.6 Recommendation 5 That the Chief Planning Officer introduces by 31st May 2011 a suitable Code of Practice for Publicity to be used across Planning Services to ensure consistency of approach and transparency and reassurance of process.

A Code of Practice for Publicity on planning applications will be completed by Spring 2011 and will be available for the public on the Council’s web pages.

It is hoped that Planning Aid will be able to assist in the production of this Code, taking on board their advice and best practice.

3.7 Recommendation 6 That the Chief Planning Officer o continues to review the most cost effective ways for notifying the public about planning applications including the current neighbourhood notification process, which reduces the overall publicity bill of Leeds Planning Services whilst maintaining more than the minimum statutory requirements. o improves the guidance note and correspondence sent to neighbours affected by planning applications explaining their right of appeal.

As mentioned in recommendation 4, a review will take place to look at the current methods used for notifying the public, including site notices, newspapers and neighbour notification letters. The review will be completed by November 2010 and will aim to reduce the costs, whilst maintaining the statutory minimum.

Customer communications will be reviewed to ensure they are written in Plain English and are easily understandable, including the appeals letters and notification letters. Guidance notes, which are sent with the neighbour notification letters, will be updated and will explain the process and their rights clearly with contact details of where to go for help and assistance. This will be produced by January 2011.

3.8 Recommendation 7

Page 183

That the Chief Planning Officer undertakes to build in public engagement for future developments of the Public Access System and continue to improve the design and content of the Public Access Service within the resources available.

A small group of local authorities is working with a software supplier to improve Public Access. Feedback from service users will be used to inform future changes.

3.9 Recommendation 8 That the Chief Planning Officer continues to resource and develop with our partners, the community, amenity groups and associations database by using the range of communication channels available to the service and that greater emphasis be placed on pre-application engagement with communities to try to involve those who are hardest to reach.

The service places great importance on the creation of a community consultation database and is a continuous process with new groups being added and contacted on a regular basis. A publicity campaign to encourage individuals and groups to register to receive the automatic planning alerts will be run in 2010. The Equality Hubs will also be able to provide details of other hard to reach groups.

Whilst pre-application engagement is primarily the responsibility of the developers, the service will provide more advice to encourage more effective community engagement. The groups registered with Public Access have indicated their willingness to be involved in pre-application discussions and will be easily identified by the Officer when pre-application enquiries are received. The role of the Planning Officer is to help signpost developers to the local groups and Ward Members to achieve effective representation from the community. The restructure will aid in this as Planning Officers will have a greater depth of knowledge about localities, being aligned to area wedges.

A review will take place to ensure that the statement of community consultation (a document that sums up what consultation has taken place and what changes, if any, were made to the proposal as a result) will take place to ensure that the statements are being produced effectively and are being submitted as part of the formal application. This will be completed by December 2010

3.10 Recommendation 9 That when the Town and Parish Council Charter is reviewed in mid 2010 the Chief Planning Officer considers whether any further action could be taken to strengthen the process in relation to Town and Parish Councils whilst establishing the take up they have made of the facilities now available on the Public Access System.

The service will continue to work with the Major Developers Forum, which includes representatives from the Parish Councils, to find ways to continuously improve the service.

All the Parish and Town Councils have been contacted and invited to register on Public Access. This is being followed up with additional information and training to ensure they are aware of how to use the system to meet requirements identified in the Charter such as additional application types, revised plans, discharge of conditions and non material amendments.

The Charter will be reviewed in Summer 2010.

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3.11 Recommendation 10 That the Chief Planning Officer reviews the issue of re-notification of planning applications to ascertain if the judgements being made by case officers as to whether changes are material or not are being applied consistently and fairly across the city. o determines whether a definition of a material change should be included in planning guidance notes. o determines whether re-notification of planning applications could be developed and highlighted in the Public Access System.

Where the amendment is considered to be material, re-notification will take place, this involves a degree of judgement by the Case Officer. In order to gain clarity and consistency of approach by all officers, the circumstances of when to renotify will be detailed in the Code of Practice for Publicity on planning applications.

The new Public Access system makes it possible for people register and track applications they are interested in. All revised plans and amendments are added to Public Access when they are received. This means that anyone tracking the application will receive an email informing them that the application has been updated or revised. The focus will be in publicising and encouraging people to use the Public Access facilities to the full so they have the most up to date information on an application at all times.

. 3.12 Recommendation 11 That the Chief Planning Officer o considers including in the appropriate guidance notes and protocols a standard wording for communicating with third parties in pre application consultations. o undertakes a review of all methods of communication in Leeds Planning Service which has not already got a crystal charter mark for Plain English and apply plain English unless there is a statutory requirement that prevent this from being applied.

The responsibility for pre-application engagement is the developer and the local planning authority can only suggest, sign post and recommend groups with whom to consult and how to go about efficient consultation. However, guidance material will be provided by March 2011 for third parties describing the pre-application process, what issues can be taken into consideration, the likely parameters of any pre- application engagement, that is, the scale of their influence on the scheme, so there is greater transparency, managed expectations and all parties have a greater understanding of the whole process.

There are a number of officers trained in Plain English and a review will take place of customer communications to ensure all letters, leaflets and other literature are clear and customer focused. This will be achieved by December 2010.

3.13 Recommendation 12 That the Chief Planning Officer introduces by September 2010 a number of development sessions for Ward Members and Parish Councillors on the changes that have been made in the Leeds Planning Service with particular emphasis on the pre application stage, rules of engagement, champion role and the importance of the Community Planner.

A number of learning and development days have been scheduled throughout the year and within these days will be the compulsory planning training, but also Page 185

sessions focussing on the Leeds planning perspective, including the local arrangements in place for the pre-application stage and role of the Community Planner. The sessions will be open to Ward and Town and Parish Councillors.

3.14 Recommendation 13 That the Chief Planning Officer reviews how it manages the pre application meetings between developers, public and other interested parties to ensure that they are less formal and encourages everyone to participate in the discussion.

Although it is the responsibility of the developer for pre-application engagement with local communities, a review of the methods which could be employed for consultation will be take place. Some developers are well versed in the techniques, whilst others need some support and Planning Services will provide advice as to the best methods depending on the development and the potential audience to be addressed.

There will be a brief record of any pre-application discussions included as part of the formal submission of an application, along with details of how the discussions have influenced the content of the scheme.

4.0 Implications for Council Policy and Governance 4.1 There are no specific implications for council policy and governance.

5.0 Legal and resource implications 5.1 There are no specific implications legal and resource implications and any improvements will be managed within existing resources.

6.0 Conclusions 6.1 The City Development Scrutiny Board’s Inquiry into the ways planning applications are publicised and in which community involvement takes place has identified some important service improvements. The recommendations provide a framework to review and consider some changes in practices and improve the way the service communicates with the public about planning applications, at both the pre- application and formal application stages. The actions proposed in response to the Board’s recommendations will ensure that best practice is adopted, that customer communications and community involvement remains a priority.

7.0 Recommendations 7.1 Executive Board are recommended to: Approve the proposed responses to the Scrutiny Board’s recommendations

Background Papers

• Department for Communities and Local Government Development management: Proactive planning from pre-application to delivery Consultation on a draft new planning policy statement on development management, and on draft policy December 2009 • HMSO Town and Country Planning (General Development Procedure) Order 1995 (GDPO) • Leeds City Council Statement of Community Involvement February 2007 • Leeds City Council Charter Between Leeds City Council and the Parish and Town Councils within the administrative area of Leeds City Council, December 2009

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Scrutiny Inquiry Report

To Review the Method by which Planning Applications are Publicised and Consultation Undertaken

April 2010

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Introduction and Scope

Introduction secondary legislation, reviews of 1. We agreed terms of reference on 13th planning policy guidance and a October 2009 for an inquiry to review change in culture for the whole of the the method by which planning planning system. applications are publicised and community involvement takes place. • The Department of Communities and Local Government (CLG) have 2. We thought this scrutiny review to be consulted on possible changes to timely as it provided an opportunity to planning regulations regarding look at the ways in which planning publicising of planning applications applications are publicised and with the aim of giving local consulted on in the context of a period authorities a more proportionate, of considerable change. effective and local approach to publicity. 3. The review would also facilitate an assessment of value for money for • The Local Government Association consultation and notification practices. It recent publication “Probity in would also highlight and assess the Planning.” changes, which have already been made by Planning Services in the way • The Charter for involving Parish and consultation is carried out in recent Town Councils in the planning times. process was agreed and adopted by the Council and operational since 4. The context of and drivers for the inquiry January 2010. were that: • The way in which consultation • There are strict limits and responses are weighed against other timescales within which planning planning considerations in making authorities operate. decisions.

• The legal framework within which • Members have their own the planning system operates experiences of the strengths and which prescribes how the process weaknesses of the current methods should work and how applications by which planning applications are are dealt with. The government publicised and consultation is committed to an undertaken and the potential areas ambitious planning reform for improvement. agenda, which aims to speed up the planning system and increase • There is a Central Government the predictability of planning agenda promoting greater levels of decisions. Changes include engagement, including the recent 'Planning for a Sustainable publication of the Community Future: White Paper', Empowerment White Paper, the 'Planning and Compulsory ‘Communities in Control’, which will Purchase Act', changes to increase requirements for Councils to promote, facilitate and deliver a

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Introduction and Scope

wider range of engagement consultation and notification activity, with demonstrable obligations in terms of timescale, impacts on services and other resources and legal parameters. decisions. under which the planning process operates. • The Leeds Strategic Plan 2008- 2011 includes an improvement • What good practice exists in other priority and a national indicator planning authorities that can be used for increasing the number of and developed? people who feel they can influence decisions in their • What is currently being developed in locality. house to further engage with local communities? • The Council has legal obligations it must meet in respect of equality • What resources and other support legislation. It is required to would be required to implement any evidence appropriate improvements identified? arrangements for engaging with

all communities.

• The Council is a signatory to the

Compact for Leeds, where

community participation and

equal partnerships are key areas

of focus.

• The Area Committees are about to significantly strengthen their community engagement responsibilities, including a brief to agree Area Community Engagement Plans with the goal of delivering better outcomes from local services.

Scope of the Inquiry

5. The scope of this inquiry was to identify:

• The methods by which planning applications are advertised and consultation undertaken and the opportunities and barriers for making improvements to that process. This will need to be in the context of balancing local views whilst meeting statutory

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Conclusions and

Recommendations

6. We received information at our first CLG issued a consultation document session on how the planning system on this on 21st December 2009 and the works and in particular about the time department responded with their and legal parameters in which the comments by the19 th March 2010 service operates. These constraints deadline. have an effect on the type and scope of the notification and consultation that can 10. Recommendation 10 of the Review set normally be carried out. out measures to improve the engagement of Members, helping 7. We were informed that the Department Members to focus their resources on the for Communities and Local Government more significant developments. This will commissioned a review in 2008, known be achieved through appropriate as the Killian Pretty Review, which training, clarity of the role of Members looked at the planning system. The and better officer management of their review identified ways the planning relationship with Members. process could be improved further by reducing bureaucracy and making the 11. Recommendation 11 of the Killian Pretty system more responsive and customer Review specifically sets out to improve focused, but in ways that were the engagement of the local community: consistent with the principles and objectives of the planning system. • Applicants for major developments should discuss with the council at an 8. A number of proposed changes were early point in pre-application made by the Review but in the context discussions how best to engage with of our Scrutiny report, recommendations the local community; 9 to 12 of the Killian Pretty Review • Applicants should report the made proposals to help improve the outcomes from the engagement, so effectiveness of engagement. that the community and the authority can easily understand what has 9. Recommendation 9 of the Review sets been undertaken and how it has out a number of measures to improve influenced the scheme; the involvement of consultees so that it • Government should ensure that the is clearer which organisations need to additional resources for community be consulted, when they must be engagement in planning identified in consulted, why and what response is the recent Empowerment White required. This would eradicate Paper are used, in part, to help unnecessary contact, reduce the improve community engagement in demands placed on local planning the planning application process. authorities' resources, reduce the delays • Local authorities should be given due to consultation and free up greater autonomy and flexibility to resources of consultees to focus on the determine the best approaches to quality of response on the applications use in order to notify the public about where comments would add real value. planning applications, thus allowing These measures would make the them to decide whether to use local planning process far more efficient. newspapers.

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Conclusions and

Recommendations

12. The Government's national policy is 15. The purposes of pre-application therefore moving Local Planning consultation with local communities is to Authorities (LPAs) from development help communities shape proposals, control to a development management which meet strategic and local needs, approach. The Department for flag up issues at an early stage that Communities and Local Governments developers need to address and to (CLGs )definition of development increase the predictability of the management is: outcome.

"a positive and proactive approach to 16. We know that the Planning Case Officer shaping, considering, determining and has a major role in pointing developers delivering development proposals. It is to key contacts who should be involved led by the LPA, working closely with in the process such as Ward those proposing developers and other Councillors, Town and Parish Councils stakeholders. It is undertaken in the and community organisations. spirit of partnership and inclusiveness and supports the delivery of key 17. We noted that the Council cannot refuse priorities and outcomes". to accept an application if the applicant has not consulted sufficiently or not 13. It is reassuring to see that much of the made reasonable attempts to consult work already undertaken by Leeds before application submission. Planning Services is now proactive Insufficient community involvement, rather than reactive in accordance with however, is likely to be reported to the the government’s proposals with the Plans Panel who will take this into introduction in 2008 of the pre- account in deciding the proposal and application protocol and the protocol for can request that further engagement pre-application discussions with local with the local community takes place communities and Ward Members. This before a decision is made. states the responsibilities of developers in relation to community engagement. . 18. Developers are requested to submit a This approach of a proactive Leeds “Statement of Community Consultation” Planning Service was supported by all on major applications and sensitive the witnesses we saw. They schemes where there is likely to be acknowledged the improvements that significant level of public interest. They are being made in Leeds Planning are asked to provide a statement of Service whilst suggesting further what consultations have been carried improvements that could be made. out and how this has informed the progress of the scheme. 14. We were informed that the largest and most sensitive planning applications are 19. We noted the excellent examples of pre- often subject to pre-application application community involvement consultation and then further notification including the Kirkstall Forge site, Leeds and engagement when the application is Arena, Beeston Hill and Holbeck and submitted. This is usually as part of a Little London PFI scheme where there Planning Performance Agreement. have been public meetings, exhibitions, direct communications with residents, and Ward Member involvement.

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Conclusions and

Recommendations

20. These pre application protocols mean public engagement and the involvement that we have a more structured and of Members and local communities. robust approach to pre-application discussions and which importantly 23. The challenge is to develop an recognises the critical role of approach, which is proportionate to the engagement with Ward Members and scale of the application and getting local communities in helping to shape developers to take ownership of proposals at an early stage. community involvement which is their responsibility.

Recommendati on 1 24. Planners clearly need to encourage developers to engage, communicate That the Chief Planning Officer and involve effectively and to the monitors Core Cities and other West highest possible standard. They need to Yorkshire Authorities and the ensure that developers agree a performance of the new Statement of Community Consultation arrangements that are changing the which sets out the type, scope and Leeds Planning Service from one of breadth of engagement . They also development control to development need to ask developers to submit with management, in order to identify and the planning application a summary of adopt best practice. consultation responses and how these have been taken into account in 21. However, we heard from officers and a amending the proposal. These all have number of witnesses that in reality not resource implications for the all developers and their advisors are as department. effective in community engagement as others and community involvement is 25. We want to ensure that all ward not mandatory. Whilst some developers members receive early alerts of pre- engage with a wide range of people and application discussions on schemes organisations over the life of an within their Ward. application, for example in the case of Kirkstall Forge, other developers do the minimum. Whilst the responsibility for Recommendati on 2 pre-application engagement lies with the developer, there is still a resource That Leeds Planning Service redefine implication for Planning Services in the role of its Planning Officers by terms of officer time and input. The aligning the geographical areas of developers’ role in positive engagement work to the area committees so they is crucial to the success of the pre- can act more proactively in fostering application phase, but some need more liaison with developers, Members and support and direction than others. the local community.

22. We support the Leeds Planning Services aim of redefining the role of 26. We learned that Leeds is fairly unique in Planning Officers to give more help to having Community Planners who work developers to form their approach to in two Area Committee areas - North East area Committee and the Inner

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Conclusions and

Recommendations North West Area Committee. These upon Area Committees funding these posts are funded by the Area key posts Committees and their roles are to advise the Area Committee, Ward Members, Recommendati on 3 Parish and Town Councils and other groups on the implications of planning That in order to achieve consistency proposals, applications and appeals of service across the city the Chief submitted within the area and/or Planning Officer affecting the locality. • seeks funding opportunities to 27. The Community Planners have a much extend the network of Community more proactive and key role working Planners with priority given to with the local community, acting as the disadvantaged areas and hard to interface between Planning Services reach groups. and the community. • if satisfactory progress is not made 28. Witness after witness stated how by 2012 consideration be given in successful this initiative had been and the budget review to consider how that the two Community Planners are a these posts could be funded. real strength to the current arrangements. • in the interim and as part of the restructure of the area teams 29. It is clear from what officers and consider the appointment of witnesses told us that the weakness nominated officers to cover is that there are just two Community specific areas as an option. Planners covering two Area Committee areas. 32. We then moved on to consider the 30. In view of the important role that the methods by which planning applications Community Planners play in supporting are publicised. We were advised that the move from a development control to the purpose of notifying the public is to a development management approach provide them with prior notification of we would like to see Community development, which may affect them, so Planning Officers employed in each of that the decision makers can take their the Area Committee but particularly in views into account. disadvantaged areas. We also liked the suggestion of a number of witnesses to 33. Notification is a statutory requirement as at least having nominated officers for set put in Article 8 of the Town and specific areas if Community Planners Country Planning (General cannot be introduced quickly enough. Development Procedure) Order 1995 (GDPO). There are different 31. We recognised that the current requirements for publicity depending on economic climate makes this difficult to the type of application. achieve but necessary in order to ensure consistency of service across the 34. The GDPO states that in cases where city. We consider this to be paramount the application involves the submission and that it should not be dependent of an environmental statement, is a departure from the Development Plan,

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Conclusions and

Recommendations

affects a public right of way or affect the ◊ Site Notice character or appearance of a listed ◊ Newspaper advertisements in five building or Conservation, the newspapers: Times, Morley applications shall be publicised by site Advertiser, Leeds Weekly News, Wharfe display in at least one place on or near Valley Times, Wetherby and the land to which the application relates News. for not less than 21 days, and by local advertisement.. 39. The statutory requirements as described in the GDPO which are applied to Leeds 35. We understand in the case of a major are set out in Appendix 1 of this report: development, the application is publicised by site display in at least one 40. We were advised that the GDPO states place on or near the land to which the that letters notifying owners or the application relates for not less than 21 occupier of new developments should days, or by serving the notice on any be sent to adjoining properties. This adjoining owner or occupier, and by definition of where to send letters has local advertisement. not been adopted. Instead, properties that are considered to be directly 36. Other types of applications, we learned affected by the proposal are notified and are not covered above, are publicised this is determined on a case-by-case by site display in at least one place on basis. We strongly support this or near the land to which the application approach as indeed did many of the relates for not less than 21 days, or by witnesses we heard from. serving the notice on any adjoining owner or occupier. 41. In 2008-09 we learned that 33,040 neighbour notification letters were sent 37. Exceptionally, for major or very out relating to 5,368 applications. controversial applications, the authority These were mostly household may decide to hold a public meeting applications but also included some exhibition to explain the nature of the minor applications. This equates to an proposal and to facilitate public average of 6 letters per application. response. On exceptionally large schemes, e.g. Kirkstall Forge, a regular 42. Based on 2008-09 figures, the cost of forum (Chaired by a local councillor and providing this part of the service involving community groups) may be (postage and staff time) is about established for the lifetime of the £58,600. development. 43. With regard to site notices the GDPO 38. We were advised that Leeds Planning states that site notices should be placed Services often exceeds the legal on or near to the proposed minimum as site notices and notification development. Where there are no near letters are both used and often more neighbours or for large-scale than one site notice is posted. The aim developments a site notice is displayed. is to exceed the statutory minimum in an attempt to engage Members and the 44. In Leeds in 2008-09, 1,673 applications community. There are three main had a site notice posted. The total options for publicity in Leeds: number of notices was 2,615. We were ◊ Notifying neighbours by letter informed that the number of site notices

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Conclusions and

Recommendations

is higher due to some applications Recommendati on 5 having a site notice and letters i.e. statutory notice, Conservation Area, That the Chief Planning Officer Listed Building, Right of Way etc or in introduces by 31st May 2011 a addition to letters a site notice which suitable Code of Practice for Publicity may also be required. to be used across Planning Services to ensure consistency of approach 45. Currently site notices are posted by a and transparency and reassurance of full time member of the administrative process. staff, who posts the notices and delivers the plans to libraries. The post is Scale 1/2 and with mileage expenses and other sundries the cost of providing this 48. We were advised that the GDPO states element of the service is approximately that local planning authorities have to £20,000. advertise in the press for major applications, but also all applications for 46. We were reassured that all the listed building consent (except those witnesses supported a combination of where alterations are internal only) and neighbourhood notification by letter and all planning applications for site notices. We consider this to be the development that affects the character right approach but wonder if the number or appearance of a conservation area or of site notices could be reduced the setting of a listed building. wherever possible to reduce costs. 49. We learned that Planning Services uses the Leeds Weekly News and other Recommendati on 4 free papers. In Leeds 2008-09 £59,000

was spent on advertising applications. That the Chief Planning Officer look In December 2009, £37,863 has been for opportunities for cost savings and spent in this financial year, against a reviews when site notices are issued budget of £37,000. Approximately one whilst maintaining a consistent day per week at an average pay scale of approach across the city by 31st Scale 4 is spent organizing the March 2011. advertisements for the newspapers.

Based on the 2008-09 expenditure, it

costs a total of approximately £62,400 47. We thought that the development of a per year to provide this part of the Code of Practice for publicity for officers service. organising publicity and consultation on planning applications would help to 50. In addition a number of other websites ensure consistency of approach across and publications display applications on the city. The placing of these Codes in a voluntary basis such as the Yorkshire the public domain would also ensure Evening Post and the Yorkshire Evening transparency and reassurance of the Post’s community websites. Leeds process. Planning Services also employs other tools in order to facilitate community and individual engagement with the planning process. The total cost for providing

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Conclusions and

Recommendations these standard methods of publicity is involved as possible at this stage almost £141,000 a year. where real influence over the content and layout of a scheme 51. Members of the public are also informed and the bringing forward of about all planning applications by a possible Section 106 benefits can combination of: be achieved. • Public Exhibitions, meeting and • Weekly lists of applications on the presentations Councils Internet site • Weekly Lists on the Council • Weekly lists of applications and website the actual applications are available in hard copy at 24 local 52. We recognised that newspaper public libraries. Leeds Planning advertising costs the authority a great services again exceeds the deal with little evidence to suggest its minimum requirements for impact or value for money. One publicising applications by authority we noted stated that the providing copies to libraries. The percentage of people who made libraries selected are those which comments on a planning application as are open for a significant number a result of it being displayed in a press of hours per week. It is not notice was only 2.1% 6. Major practical to distribute plans to all applications, listed building consent libraries as many of the smaller (except those where alterations are libraries have limited opening internal only) and all planning hours which restricts public applications for development that affects access. the character or appearance of a • Public Access- database of current conservation area or the setting of a and past applications from 1 st April listed building need to be advertised in 1974. Full details of plans, the press. decision notice, officer report etc are available for applications 53. We noted that the Department for received on or after 2nd January Communities and Local Government 2009. published their response to the Killian • Weekly lists and the actual Pretty Review in March 2009 and planning applications available for carried out a consultation in Autumn inspection at the Development 2009 on local authority practices in Enquiry Centre relation to notifying the public about • Weekly lists to Ward Members planning applications and the use of • Town and Parish Council Charter- local newspapers. We noted that Leeds Weekly lists to Parish and Town Planning Services responded to the Councils and on major and consultation and supported the move sensitive proposals at pre- away from newspaper advertising as a application stage Planning statutory requirement. Unfortunately Services will advise developers to CLG decided not to take forward the consult with the community and amendment, which means the statutory will specifically request liaison with requirement to publish certain the relevant Town or Parish applications in newspapers remains.

Council. The Town and Parish 6 Council is encouraged to be as CLG Publicity for Planning Applications Consultation July 2009 11 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 196

Conclusions and

Recommendations CLG state that some members of the 57. The Public Access system has provided public and community groups rely on the details of applications back to 1974 for newspaper advertisements to learn sometime and more recent applications about applications in their area and that have plan drawings, officer reports and the Government was not convinced that other information available online. good alternative arrangements can be readily rolled out. 58. The new service which has recently been introduced provides details of 54. Other authorities have investigated applications in a pre-specified area and alternative methods and publications is proactively emailed out each week to and whilst there is still the statutory people who register for the alerting need to advertise in the press, there is system. The email contains details of a need to consider the most cost- applications made that week and by effective way of achieving this. clicking on the application number, the customer will be taken directly into the 55. We acknowledge that in publicising details of the application and be able to applications, it is necessary for the look at online plans, application forms Council to strike a balance between and so on. Members and witnesses who consideration of cost, speed of decision had used the system found it to be making and providing a reasonable straight forward to use and very intuitive. opportunity for public comment. 59. We were delighted to hear that a project Recommendati on 6 is underway to encourage community and interest groups to sign up for the That the Chief Planning Officer planning alert system so they will get the details of the applications that matter to • continues to review the most cost them in a timely and effortless way. effective ways for notifying the Groups can be more informed than ever public about planning applications before as their list will be more focussed including the current on the things they have said they are neighbourhood notification interested in. process, which reduces the overall publicity bill of Leeds 60. We noted that so far over 80 groups Planning Services whilst have signed up to this database and are maintaining more than the receiving weekly alerts. However this minimum statutory requirements. number we were advised masks the true • improves the guidance note and number of people who will be alerted as correspondence sent to some groups signed up to the service neighbours affected by planning operate as an umbrella organisation, applications explaining their right such as the Houses in Multiple of appeal. Occupation lobby. The work of contacting groups is on going to try to 56. We congratulated Leeds Planning encourage them to join the service so Service for developing the Leeds they can be as informed as possible. Planning Service Public Access system which one Member described as now 61. We also recognised the importance of being one of the best in the country. this “database” of community, amenity groups and associations as it will also

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Conclusions and

Recommendations

be helpful at the pre-application stage, Recommendati on 7 allowing the Case Officer to signpost the developer in the direction of the That the Chief Planning Officer community groups with whom they can undertakes to build in public consult. The community groups engagement for future themselves have indicated their wish to developments of the Public Access be contacted by developers at the pre- System and continue to improve application stage to engage in the design and content of the discussions about proposed Public Access Service within the developments in their locality, so they resources available. have the potential to help shape developments. This will hopefully go some way to avoid over consulting with some groups, or always consulting with Recommendati on 8 the same active individuals and groups. The benefits for developers are That the Chief Planning Officer numerous, but importantly by engaging continues to resource and develop with communities there is the potential with our partners, the community, for positively working through any issues amenity groups and associations at an early stage, which may have database by using the range of turned into an objection at the communication channels available application stage. to the service and that greater emphasis be placed on pre- 62. Clearly, ICT is being used in the process application engagement with of consultation to free up resources and communities to try to involve those make the whole process more efficient who are hardest to reach. and effective. However, we noted that the use of electronic consultation is not mandatory and there can be costs to 64. We heard from Town and Parish consultees for electronic services. Councillors and whilst there was general and positive support for the 63. We welcomed the fact that citizens improvements carried out by the Leeds without internet access at home are able Planning Service there were two specific to go to any of Leeds Public Libraries concerns. and go onto Public Access through their computer network. Library staff have 65. The first was the fact that the comments received training on Public Access so made by a Parish Councils on planning they will be able to help and support applications hold only the same weight customers who need assistance to find as that of an individual comment . Parish the information they need. We note with Councillors felt that this was concern that 21% of the population has unacceptable as they considered all never accessed the Internet and applications in a professional way and research has shown that the non-users spent a considerable amount of time are predominately those who are and energy commenting on the merits or already socially disadvantaged 2 otherwise of each application. They also felt that more could be done to include them in the process and that many 2 CLG Understanding Digital Exclusion Research Parish Councillors felt undervalued. Report. October 2008 13 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 198

Conclusions and

Recommendations

66. We noted that the Town and Parish Council Charter clearly define the Recommendati on 10 operational links and relationships. That the Chief Planning Officer 67. We thought that the newly established Community Consultation database • reviews the issue of re- would help to address their concerns notification of planning and improve the level of information applications to ascertain if the provided to them so the Parish judgements being made by case Councillors and local people feel much officers as to whether changes more involved in this regard. are material or not are being applied consistently and fairly across the city. Recommendati on 9 • determines whether a definition

of a material change should be That when the Town and Parish included in planning guidance Council Charter is reviewed in mid notes. 2010 the Chief Planning Officer • determines whether re- considers whether any further notification of planning action could be taken to strengthen applications could be developed the process in relation to Town and and highlighted in the Public Parish Councils whilst establishing Access System. the take up they have made of the

facilities now available on the

Public Access System. 69. It was suggested by a witness that the quality and amount of pre-application procedures varies significantly across 68. The second issue which was also raised authorities. Clients have expressed by other witnesses was the concern that concern about the status of such often amendments are made to a consultation and whether it would planning application during the course of prejudice their representations to an the planning process and interested application. Others have been parties are often not advised of such concerned that they have not been changes as they are not considered to consulted at this stage. be material. This judgment by the Case Officer as to whether a change is 70. Issues were also raised with us about material or not causes concern. the fact that that some documents and communications continued to contain unclear and complicated language that was difficult to understand.

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Conclusions and

Recommendations

Recommendati on 11 Recommendati on 12

That the Chief Planning Officer That the Chief Planning Officer

introduces by September 2010 a • considers including in the number of development sessions appropriate guidance notes and for Ward Members and Parish protocols a standard wording Councillors on the changes that for communicating with third have been made in the Leeds parties in pre application Planning Service with particular consultations. emphasis on the pre application • undertakes a review of all stage, rules of engagement, methods of communication in champion role and the importance Leeds Planning Service which of the Community Planner. has not already got a crystal

charter mark for Plain English

and apply plain English unless 73. A witness suggested that the pre there is a statutory requirement application meetings the department that prevent this from being needs to be developing techniques that applied. present a more level playing field between developer, Planning Officers and public that is much less formal with informal round tables, question and 71. We recognise that Leeds Planning answer sessions and feedback. We also Service have already undertaken a advised that this technique needs to be significant officer and member varied according to the potential development training programme for audience to be addressed. those involved in the planning process.

72. In view of the importance of the changes Recommendati on 13 being made by Leeds Planning Service we would like some development That the Chief Planning Officer sessions to be organised for all Ward reviews how it manages the pre Members and Town and Parish application meetings between Councillors with special reference to the developers, public and other importance of the pre application stage interested parties to ensure that and rules of engagement at the pre- they are less formal and application stage, the community encourages everyone to participate champion role and the importance of the in the discussion. Community Planner.

15 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 200

Evidence

Monitoring arrangements

Standard arrangements for monitoring the outcome of the Board’s recommendations will apply.

The decision-makers to whom the recommendations are addressed will be asked to submit a formal response to the recommendations, including an action plan and timetable, normally within two months.

Following this the Scrutiny Board will determine any further detailed monitoring, over and above the standard quarterly monitoring of all scrutiny recommendations.

Reports and Publications Submitted

• Reports of the Chief Planning Officer including

Leaflet on a protocol for pre application discussions with local communities and ward members

Leaflet on planning pre-application advice charter

Statutory Instrument 1995 No 419 The Town and Country Planning (General Development Procedure) Order 1995.

• Written evidence from Parish Councillor George Hall.

• Written evidence from Yorkshire Planning Aid.

16 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 201

Evidence

Witnesses Heard

• Councillor Colin Campbell, Chair of Plans Panel (West)

• Mr Phil Crabtree, Chief Planning Officer, City Development

• Mr Martin Sellens, Head of Planning Services, City Development

• Ms Helen Cerroti, Development Project Manager, City Development

• Mr Keith Collridge, Kirkstall resident and involved with Kirkstall Forge redevelopment

• Councillor George Hall, Barwick-in Elmet and Scholes Parish Councillor

• Ms Freda Matthews, resident and Chair of Little Woodhouse Community Association

• Councillor Janet Thornton, East Keswick Parish Council

• Mr Tony Ray, planning consultant

• Ms Jacqui Baines and Mr Jim Rogers Planning Aid

Dates of Scrutiny

13th October 2009

12th January 2010

9th February 2010

9th March 2010

6th April 2010

17 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 202

Appendix 1

Nature of development GDPO Publicity required Leeds Practice

Development where Advertisement in Advertisement in newspaper application: newspaper and site notices- maybe more • is accompanied by an Site notice than one, depending on the site environmental statement • Is a departure from the Development Plan • Affects a public right of way

Major development Advertisement in Advertisement in newspaper newspaper and and site notices- maybe more either a site notice or than one, depending on the site neighbour notification

Minor development Site notice or neighbour Site notice and neighbour notification notification letters

Development affecting the Advertisement in Advertisement in newspaper setting of a listed building newspaper and site notice and site notices- maybe more than one, depending on the site notice and newspaper advertisement in the Leeds Weekly news

Development affecting the Advertisement in Advertisement in newspaper character or appearance of a newspaper and site notice and site notices- maybe more conservation area than one, depending on the site. Discretion can be used for applications which affect the character of a conservation area and the setting of a listed building . Application for listed building Advertisement in Advertisement in newspaper for consent and conservation newspaper and site notice all applications whether internal area consent or external alterations.

18 Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Published 8th April 2010 Page 203

Scrutiny Board (City Development) Inquiry to Review the Method by which Planning Applications are Publicised and Consultation Undertaken Date 7th April 2010 Report author: Richard Mills [email protected]

Page 204 Agenda Item 20

Originator: Gary Bartlett

Tel: 2475319

Report of the Director of City Development

Executive Board

Date: 22nd June 2010

Response to the Scrutiny Board’s Inquiry into “Integrated Transport Strategies for Leeds and the Wider Region”.

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (Referred to in report)

Eligible for Call In Not Eligible for Call In

(Details contained in the report)

EXECUTIVE SUMMARY

1. This re port provides the Executive Board with details of the recent Scrutiny Board’s Inquiry into “Integrated Transport Strategies for Leeds and the Wider Region”, details how the Director proposes to respond to the recommendations that have emerged and asks the Board to approve the proposed responses.

RECOMMENDATIONS

2. The Executive Board is recommended to:

• APPROVE the Director of City Development’s responses to the Scrutiny Board’s recommendations.

Purpose of this Report

1.1 This report outlines the Director’s proposed response to each of the Scrutiny Board’s recommendations for approval by the Executive Board.

2.0 Background Information

2.1 The Local Transport Act 2008 gained Royal Assent on 26 th November 2008. The Act Provides the framework and tools for local authorities and bus operators to work together to encourage bus use, reduce congestion and help tackle climate change. Page 205 The Act also gave local authorities the power to review and propose their own arrangements for local transport governance to support more coherent planning and delivery of local transport.

2.2 In February 2009, all Passenger Transport Authorities were renamed Integrated Transport Authorities; the latter have responsibility for producing Local Transport Plans.

2.3 The Scrutiny Board report made 6 recommendations as a result of their Inquiry. The Executive Member for City Development has been briefed on the Inquiry and this report.

3.0 Main Issues

3.1 Each of the Scrutiny Board’s 6 recommendations are listed below together with a response and/or proposed action from the Director of City Development.

3.2 Recommendation One

That the proposed revised Terms of Reference for the Leeds City Region Transport Panel be used as the basis for further iterations of the Terms of Reference and consideration by all the parties concerned.

Director’s response: agreed. The Terms of Reference for the revised Transport Panel continue to be developed with input from all relevant authorities.

3.3 Recommendation Two

We endorse the establishment of an 8 Member Executive Board for the WYITA which came in effect on 1 st January 2010. We note that the 8 Members will be selected from overall membership of 22 and recommend that representation on the Executive Board come from all 5 West Yorkshire authorities.

Director’s response: membership of the WYITA Executive Board, which did come into effect earlier in the year, will be confirmed at the Annual meeting in June. The intention is for relevant portfolio holders from all 5 West Yorkshire authorities to be represented on the Executive Board.

3.4 Recommendation 3;

We note that the full WYITA has an important scrutiny role to perform but would welcome the development of scrutiny arrangements for the city region as a whole that are regionally based to aid transparency, objectivity, efficiency and accountability of the process and ask the Leaders Board to give consideration to this proposal.

Director’s response: the recommendation is noted. New scrutiny arrangements will have to be considered as part of any revised Leeds City Region Transport Panel arrangements that emerge over the next few months.

3.5 Recommendation 4;

We endorse the need to consider how private and community sector representation could be achieved on the WYITA without voting rights and ask that this be considered in a future review.

Page 206 Director ’s response: following consultation with the Director General of Metro, such representation would be considered as part of any revised formal governance arrangements in West Yorkshire. Discussions on the latter continue although the emphasis currently is at the Leeds City Region Level. At present, wider interest groups and members of the general public can become members of the WYITA’s passenger consultative committees.

3.6 Recommendation 5;

We strongly endorse that decision of the WYITA to proceed with the introduction of Quality Bus Contacts as a means of imposing on operators a level and frequency of bus service that is required on specific routes.

Director’s response: earlier in the year, the WYITA resolved to develop a business case for Quality Bus Contracts. This will be considered by the WYITA at future meetings.

3.7 Recommendation 6;

That a further report on transport governance issued be submitted to this Scrutiny Board for consideration once a more detailed work programme has been developed.

Director’s response: agreed.

4.0 Implications for Council Policy and Governance

4.1 There are no direct implications arising from this particular report.

5.0 Legal and Resource Implications

5.1 Legal and staff resources will be needed to progress associated workstreams and will be funded from existing budgets.

6.0 Conclusions

6.1 The Local Transport Act 2008 has the potential to strengthen transport governance and working arrangements across West Yorkshire and the Leeds City Region. The Scrutiny Board’s Inquiry into this area is therefore timely. Further work with relevant authorities will take place over coming months enabling decisions to be taken and scrutinised by relevant authorities, in due course.

7.0 Recommendations

7.1 The Executive Board is recommended to:

• APPROVE the Director of City Development’s responses to the Scrutiny Board’s recommendations to its “Integrated Transport Strategy for Leeds and the Wider Region”.

Background Papers

Scrutiny Inquiry Report. “Integrated Transport Strategies for Leeds and the Wider Region”. April 2010.

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Page 208

Scrutiny Inquiry Report

Integrated Transport Strategies for Leeds and the Wider Region

April 2010

2 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 209

Introduction and Scope

Introduction Scope of the Inquiry

1. At the start of the 2009/2010 municipal 6. We agreed to examine the following year, we agreed to carry out an inquiry areas: into the Integrated Transport Strategies for Leeds and the Wider Region. • The way in which the needs of Leeds and its citizens are served by the 2. In June 2009 we discussed the Local existing strategic arrangements, at Transport Act 2008 and its implications city and regional level. for decision making both within Leeds and more widely. As a consequence we • The impact which the Local were keen to explore the development Transport Act (2008) will have on of arrangements with partner existing arrangements and priorities, organisations to deliver better services. and in particular the way in which the new powers of the WYITA will be 3. We wanted to consider the way in used to further those objectives which the needs and priorities of Leeds which are of particular importance to as a city are represented in transport Leeds. planning. In particular we wanted to consider the integration of transport • The governance arrangements for strategies and the role of the West transport strategy within West Yorkshire Integrated Transport Authority Yorkshire and in the Leeds City 1 (WYITA) . Region and the way in which the needs of the people of Leeds are 4. An important driver for this inquiry was represented at each level. the Local Area Agreement strategic outcome “Increased accessibility and connectivity through investment in a high quality transport system and through influencing others and changing behaviours” .

5. In addition, as enhancing transport connectivity is a central feature of the Leeds City Region Multi Area Agreement. We believed it was vital that the needs of the city are appropriately represented at every level.

1 The WYITA replaced the West Yorkshire Passenger Transport Authority on the 9th February 2009

3 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 210

Conclusions and

Recommendations

Transport Governance Arrangements

7. We noted that the Local Transport Act progress. As this has not been 2008 urged Metropolitan District achieved, a more incremental set of Councils and their Integrated Transport reforms have been agreed by the City Authorities (ITAs) to take advantage of Region Leaders Board as a first stage: the provisions within the Act to strengthen governance arrangements. • A formal governance scheme for West The purpose was to introduce more Yorkshire and; strategic and efficient management of • A strengthened partnership transport across the Metropolitan area arrangement for the city region. and potentially a wider city region area. 10. We were advised that the Leaders’ The objective was to avoid the Board earlier in 2009 had agreed to fragmentation, identified in the Act as a progress the development work needed major problem, which occurs to implement the governance reforms for because district councils have the West Yorkshire Integrated Transport responsibilities for highways functions Authority (WYITA), with strengthened city and the ITA has responsibility for the region partnership; in accordance with public transport function. The the recommendations made by Atkins Transport Act provides the opportunity Consultants. for an Integrated Transport

Authority with broader powers and the 11. At our meeting in October 2009 we were skills necessary to overcome advised of the progress made by the City this fragmentation, taking a more Region Partnership; designated a strategic approach but with one voice Forerunner City Region by the for transport and an emphasis on Government; to develop Forerunner delivery. proposals which would bring a range of freedoms and flexibilities to the City 8. We were provided with a copy of Atkins Region. Consultants report which focused on a review of transport governance 12. We were informed that a Leeds City arrangements undertaken on behalf of Region Transport Strategy was to be Leeds City Region partners. approved by the Leaders at the Transport Summit in Harrogate in November 2009. 9. We noted that there was strong support amongst partners for a wider 13.The forerunner pilot agreement was city region Integrated Transport subsequently signed by the Leaders with Authority and noted that any formal the Minister for Communities and Local arrangements would require the Government (CLG) and the Department agreement of North Yorkshire County for Business Innovation and Skills (BIS) Council and the City of York to Rosie Winterton MP along with other city region representatives on 27th November 2009. The LCR Transport Strategy was also approved at this meeting.

4 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 211

Conclusions and

Recommendations

14. We recognised that the Leeds City 18. We noted that the potential for the Region Transport strategy, forms an Panel to be convened under Joint integral part of the more locally focused Committee arrangements needed Local Transport Plans (LTP) and will further examination and advice from the set the transport vision and direct Legal Officers Group but initial feedback future major investment decisions, was that a Leeds City Region Transport policies and actions across the region. Joint Committee would be feasible.

West Yorkshire 19. We acknowledged that the greater decision making powers that would flow 15. For West Yorkshire, Atkins proposed to the Panel would necessitate a review that the new, more focussed ITA would of a number of issues e.g. develop, coordinate, and allocate funding for, the implementation of the • Clarification of where the powers LTP3 Schemes which will be would come from (e.g. DfT, Leaders’ implemented through the existing Board, individual Local Authorities, district delivery arrangements with all WYITA/ Metro); traffic, highway and street powers • Membership review – inclusion of remaining with the districts. A Power of key stakeholders e.g. Yorkshire Direction could be made available to Forward, Government Office and the ITA to ensure agreed LTP priorities Local Authorities not currently Panel are delivered effectively. members; • The merits of weighted voting and Leeds City Region veto rights would need discussion and clarification; 16. For the wider City Region partnership, • Scrutiny arrangements to ensure Atkins proposed that the reforms transparency and accountability; included a strengthened Transport and, Panel with some decision making • Depending on the outcome of the powers devolved to it, for example, above, the role and Membership of from the Leaders’ Board. The the Connectivity Partnership would Transport Panel will be responsible for also need to be clarified. delivering the City Region Transport Strategy and the Multi Area and Forerunner Agreements. Rec ommendation 1 We recommend that the proposed 17. We support the view that there needs revised Terms of Reference for the to be a degree of delegation from the Leeds City Region Transport Panel as Leaders’ Board (and other bodies) to set out in Appendix 1 of this report be the Leeds City Region Transport Panel used as the basis for further iterations to increase the capacity and to of the Terms of Reference and strengthen its role particularly as the consideration by all the parties Chair of the Panel will champion the concerned. transportation cause at a regional and national level.

5 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 212

Conclusions and

Recommendations

West Yorkshire Integrated Transport Authority (WYITA) - Interim establishing any committee, to have Arrangements regard to the appropriate Local Government Acts which require political 20. Our attention was drawn to the fact that balance. Atkins made a strong recommendation that the new WYITA needed to be more 24. At our meeting in October we supported strategic in its modus operandi and the proposed interim arrangements that recommended the number of WYITA would see the establishment of an eight Members should be reduced, from the member Executive Board with effect current number of 22 to10. The proposal from 1 January 2010. was that the 10 would comprise relevant Cabinet / Executive Members from each 25. We believe that these interim of the 5 authorities responsible for arrangements will bring about stronger Highways & Transportation. A change governance arrangements that provide from 22 to 10 would require a change in clear strategic transport direction which legislation. We noted that Atkins had would not in any way prohibit a future advised that due to the nature and submission of a formal governance complexity of the statutory and scheme at a later date. Parliamentary processes involved this could take up to 2 years before any reforms could be implemented, on a Recommendation 2 formal basis. We endorse the establishment of an 8 Member Executive Board for the WYITA 21. We were concerned that this approach which came into effect on 1st January of reducing membership of the WYITA 2010. We note that the 8 Members will from 22 to 10 would reduce local be selected from the overall representation and make proportionality membership of 22 and recommend that difficult to achieve. representation on the Executive Board come from all 5 West Yorkshire 22. We were aware that there had been authorities. consistent opposition to Atkins proposal from existing Members of the WYPTA. 26. We noted that the full WYITA has a role in relation to scrutiny, audit and 23. The WYITA supported an alternative governance. proposal which maintained a larger West Yorkshire ITA membership but Recommendation 3 with an Executive formed from within We note that the full WYITA has an that membership. The WYITA argument important scrutiny role to perform but was that this combination of approaches would welcome the development of facilitated in the wider WYITA, scrutiny arrangements for the city region appropriate representation of both as a whole that are regionally based to population and political mix, whilst an aid the transparency, objectivity, Executive Board of say eight in number efficiency and accountability of the could deliver efficient decision making process and ask the Leaders Board to and achieve political balance. We were give consideration to this proposal. informed that the WYITA has when 6 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 213

Conclusions and

Recommendations

27. We noted the concerns expressed by WYITA are awaiting feedback from the the Director General of Metro on behalf Department for Transport (DfT) on the of Mr Ian Williams, Director of Business processes that would need to be Representation and Policy, Chamber of followed for any future submission of a Commerce regarding the need to have formal governance scheme. private business sector representation on the WYITA. Recommendation 6

That a further report on transport 28. We supported the principle of business governance issues be submitted to this and community representation on the Scrutiny Board for consideration once a WYITA but without voting rights. more detailed work programme has

been developed.

Recommendation 4 We endorse the need to consider how private and community sector representation could be achieved on the WYITA without voting rights and ask that this be considered in a future review.

29. We welcomed the statement by the Director General of Metro that the WYITA intend to proceed with the introduction of Quality Bus Contracts (QBC) that will impose on operators a level and frequency of bus service on specific routes as part of a bus strategy that forms part of the Local Transport Plan.

Recommendation 5 We strongly endorse the decision of the WYITA to proceed with the introduction of Quality Bus Contracts as a means of imposing on operators a level and frequency of bus service that is required on specific routes.

30. We understand that a more detailed work programme around transport governance issues have yet to be developed because the City Development department, Metro and the

7 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16th April 2010 Page 214

EvidenceEvidence

Monitoring arrangements

Standard arrangements for monitoring the outcome of the Board’s recommendations will apply.

The decision-makers to whom the recommendations are addressed will be asked to submit a formal response to the recommendations, including an action plan and timetable, normally within two months.

Following this the Scrutiny Board will determine any further detailed monitoring, over and above the standard quarterly monitoring of all scrutiny recommendations.

Reports and Publications Submitted

• Reports of the Chief Officer Highways and Transportation

• Atkins Report

• Report of the Director General of Metro

• Report by Parish Councillor George Hall.

8 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16 th April 2010 Page 215

EvidenceEvidence

Witnesses Heard

• Mr Gary Bartlett, Chief Officer Highways and Transportation, Leeds City Council

• Councillor Ryk Downes, Chair of the West Yorkshire Integrated Transport Authority (WYITA)

• Mr Kieran Preston, Director General Metro

• Councillor G E Hall, Barwick and Scholes Parish Councillor

Dates of Scrutiny

10th September 2009

8th October 2009

7th January 2010

16th April 2010

9 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16 th April 2010 Page 216

Appendix 1

Leeds City Region Transport instance) on major applications, Panel plans and major policy documents affecting the City Region at local, Revised draft terms of reference regional or national levels

The proposal is that a revised City Region 7. Champion and provide the political Transport Panel will be a formally voice on transport for the City constituted Joint Committee with powers delegated to it from Central Government, Region the City Region Leaders’ Board, Local 8. Co-ordinate policy and decision Authorities and other agencies, as appropriate. It will be a political body making by having strong links with making strategic decisions on transport for other Joint Committees and Panels the City Region. The Panel will: The Panel will: 1. Comprise representatives from each 1. Be responsible for the production, of the LCR Transport Authorities and monitoring and implementation of the be Portfolio holders and/or Cabinet/ City Region Transport Strategy Chair/ Executive Members.

2. Be responsible for prioritising major 2. Comprise no more than 10 Members transport investment projects via the (5 from West Yorkshire, City of York, Regional Funding Allocation and any North Yorkshire County Council, pooled resources or other funding Barnsley, West Yorkshire ITA and mechanisms South Yorkshire ITA.

3. Ensure alignment of LTP policies 3. Be supported by a revised and programmes across the City Connectivity Partnership Region 4. Keep the Leaders’ Board informed of 4. Bring about strengthened progress via regular updates and partnership arrangements and reports. alignment of programmes and 5. Have the facility to involve non- budgets with the Department for elected and non-voting Transport, the Highways Agency and representatives to advise the Panel, Network Rail. as and when appropriate. 5. Ensure the City Region Transport 6. Be subject to Scrutiny arrangements Strategy aligns with the economic, regeneration and spatial plans for the City Region

6. Be consulted on and will make comment (non-statutory, in the first

10 Inquiry into Integrated Transport Strategies for Leeds and the Wider Region… Published 16 th April 2010 Page 217

Scrutiny Board (City & Regional Partnerships) Integrated Transport Strategies for Leeds and the Wider Region

Date April 2010 Report author: Richard Mills

[email protected]

Page 218 Agenda Item 21

Originator: Karen Chiverall

Tel:24 76237

Not for Publication : Appendix 1 of this report contains information exempt under Rule 10.4 (3); Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Report of : The Director of Environment and Neighbourhoods

Executive Board

Date: 22nd June 2010

Subject: Disposal of 60 Sholebroke Avenue, LS7 3HB

Electoral Wards Affected: Specific Implications For:

Chapel Allerton Equality and Diversity

Community Cohesion √

Narrowing the Gap √

Eligible for Call In √ Not Eligible for Call In (Details contained in the report)

EXECUTIVE SUMMARY

Environments and Neighbourhoods have responsibility for managing a portfolio of approximately 1600 miscellaneous properties across the City, 350 are residential properties leased out to Registered Social Landlords and Supported Housing Providers. The remainder are estate shops and other buildings, such as pubs, social clubs, community centres, public conveniences, utilities infrastructure and sub-stations. The aim is to ensure that all assets have a positive impact on the neighbourhood and meet local people’s needs and aspirations.

60 Sholebroke Avenue is part of the portfolio, it was leased to the NHS as offices until summer 2009; and has been empty and secured since, pending the options appraisal and identification of resources to return it to residential use.

The Council’s Valuations Team in City Development have valued the property at £250,000 current open market value in its current condition. The options appraisal has been completed and recommends disposal of the property to a partner Registered Social Landlord to ensure it is renovated into a family home. (option 3, as detailed below).

1 Page 219 1.0 Purpose Of This Report

This report seeks Executive Board approval to:

a) Progress with Option 3

b) Declare the property surplus to the Council’s operational requirements

c) Enter into negotiations with a Registered Social Landlord with the aim of concluding the sale which delivers the value of the property minus the investment required to return the property to residential use,

d) To covenant the sale in order that the property is retained in perpetuity as a socially rented family home and that the council retains nomination rights in respect of lettings.

2.0 Background Information

2.1 60 Sholebroke Avenue is in the miscellaneous property portfolio of Environments & Neighbourhoods. It is a large 7 bed Victorian detached house in a row of similar residential properties. It was returned to the Council from the NHS.

2.2 During the time the property has been empty, there have been instances of criminal damage and trespass (squatting) to the property. These issues have been quickly resolved; however, there is an ongoing risk of similar damage and decline of the property.

2.3 Local Ward Members and the Executive Board Member for Environments & Neighbourhoods have been consulted on the options and support the proposals in this report.

3.0 Main Issues

3.1 The options appraisal has been completed which investigated four options:

Option 1: Open Market Sale

Benefits: A capital receipt to the Council.

Risks: Sale on the open market reduces the Council’s ability to control or influence the future use. The potential for the property to be purchased by a private investor who would then rent the property as a house of multiple occupation is significant, this could increase the potential for anti-social behaviour This option would not support the aim of increasing the number of affordable homes within communities and developing family housing to address housing need.

Option 2: The Council refurbishes the property and lets it as a Council house, managed by the ALMO.

Benefits: This option would return the property to a family home and retain a rental income to the Housing Revenue Account.

2 Page 220 Risks: This option does not create the capital investment required to enable the property to be brought back into residential use. The size and nature of the investment needed makes it difficult to fund from the major repairs programme.

Option 3 – The council enters into negotiations with a partner RSL, who manages other stock in the immediate neighbourhood for them to purchase the property invest and create a new affordable home.

Benefits: The Council is able to control the negotiations on the sale for a value which reflects the investment needed to return the property to residential use. The sale is covenanted to control the size and standard of the refurbished property. The covenant would include a clause to ensure the property is let as a social rented house in perpetuity. The council retains nomination rights. This option carries the least risk to the Council and offers the best outcome in terms of controlled negotiations on the capital receipt value and securing the future of the property as a socially rented home for those in housing need.

Risks: The commitment, capacity and finances of the preferred RSL. Officers in Environments and Neighbourhoods will work to mitigate against this risk.

Option 4: The council enters into negotiations with a local supported housing provider who would lease the property from the council at a peppercorn rent for a 21 year period.

Benefits : The supported housing provider would invest in the property to refurbish it for residential use and would give floating support needs to the tenant or tenants. This option fits with Council policy and aims of supporting the most vulnerable people in our City to access independent living in social rented accommodation.

Risks: The capacity and resources of the supported housing provider; inability of the Council to influence timescales involved for fundraising; property remains empty during the fundraising time period. The Council forfeits both long term rental income and a negotiated capital receipt value.

4.0 Implications For Council Policy And Governance

4.1 The proposal contributes to the Councils Housing Strategy and the Departmental Asset Management Plan.

5.0 Legal And Resource Implications

5.1 There will be legal and resource implications in terms of staff time involving officers in negotiations for option 3 from the Directorates of Environments & Neighbourhoods, City Development and Chief Executives.

5.2 The best value which might be obtained based on the open market valuation is £250,000.00. Progressing option 3 will mean that the Council forgoes some of the value to fund the capital investment in the property. Officers in Environments and Neighbourhoods will work to maximise the capital receipt.

3 Page 221 6.0 Conclusions

6.1 Subject to any necessary consent from the Department for Communities and Local Government the final terms of the sale will be determined by the Director of City Development in line with the Delegated Functions of the Council.

6.2 The information contained in the Appendix attached to this report relates to the financial or business affairs of a particular person, and of the Council. This information is not publicly available from the statutory registers of information kept in respect of certain companies and charities. It is considered that since this information was obtained through one to one negotiations for the disposal of the property/land then it is not in the public interest to disclose this information at this point in time. Also it is considered that the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to other similar transactions in that prospective purchasers of other similar properties about the nature and level of consideration which may prove acceptable to the Council. It is considered that whilst there may be a public interest in disclosure, much of this information will be publicly available from the Land Registry following completion of this transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time. It is therefore considered that this element of the report should be treated as exempt under Rule 10.4.3 of the Access to Information Procedure Rules.

7.0 Recommendations

That Executive Board approves the proposals in this report, to:

a) Progress with Option 3

b) Declare the property surplus to the Council’s operational requirements

c) Enter into negotiations with a partner Registered Social Landlord with the aim of concluding a sale to them which represents the value of the property and which recognises the level of refurbishment needed to bring the property to a decent homes standard.

d) To covenant the sale in order that the property is retained in perpetuity as a socially rented family home and that the council retains nomination rights in respect of lettings.

Background Papers

There are no background papers referred to in this report.

4 Page 222 Exempt / Confidential Under Access to Information Procedure Rules 10.4 (3)

Document is Restricted

Page 223 This page is intentionally left blank

Page 224 Agenda Item 22

Originator: Richard Ellis

Tel: x74291

Joint Report of the Director of Environment and Neighbourhoods and the Director of Resources

Executive Board

Date: 22nd June 2010

Subject: Government Review of Council Housing Finance – The Council’s response to the consultation paper “Council housing: a real future”

Electoral Wards Affected: Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In √ (Details contained in the report)

EXECUTIVE SUMMARY

On 24 th March 2010 the last Government published its consultation paper, “Council housing: a real future”. This set out proposals for dismantling the current Housing Revenue Account (HRA) subsidy system and replacing it with a devolved system of funding and responsibility, subject to a one off allocation of debt between local and central government. In order to respond to the consultation paper, the Government’s debt settlement figure for Leeds has been modelled into its HRA Business Plan. This modelling demonstrated that over the life of the 30 year Business Plan the Council would be substantially better off compared to remaining in the subsidy system, although the majority of the additional resources generated would not be realised until the later years of this period.

This report sets out a brief context to the main issues the paper is seeking views on, together with the Council’s proposed response. The new government has yet to indicate whether it supports the proposals but has not withdrawn the consultation.

In summary, the Council supports the review of council housing finance and the principles upon which it is based. The self-financing model should offer more certainty in terms of funding which could allow more robust planning of works and facilitate more efficient procurement. However, there are a number of concerns surrounding the methodology in the consultation paper which need to be clarified by Government before the Council can support the proposals in full.

Page 225 1 Purpose of this Report

1.1 To inform Executive Board of the Council’s proposed response to the Government’s consultation paper, “ Council housing :a real future”

2 Background information

2.1 The current housing finance system

2.1.1 The current housing finance system has been in place for 20 years. Under the 1989 Local Government and Housing Act, each Local Authority is required to keep a Housing Revenue Account (HRA) and is subject to annual Housing Subsidy determinations.

2.1.2 The current system works on the basis of a “notional” HRA, informed by stock data provided by each Local Authority. This means that the Government, based on its own assumptions, makes an assessment of each council’s need to spend, levels of rental income receivable and repayment of historical debt.

2.1.3 Based on the Government assumptions above, in 2010/11 Leeds would need to pay back to the Government over £46m of its rental income. However, taking into account the Major Repairs Allowance (MRA), which the Council receives to cover its long term maintenance costs, plus the ALMO allowances that Leeds receives to fund the debt associated with the Decent Homes programme, and the grant payable for PFI schemes Leeds will receive resources of over £29m.

2.2 Council Housing Finance Reform

2.2.1 A previous consultation paper issued by the Government in July 2009 set out the intention to dismantle the Housing Subsidy system and replace it with a devolved system of responsibility and funding after a one off allocation of housing debt. In October 2009 Executive Board agreed the Council’s response to this paper. In summary, the Council welcomed the proposals to reform council housing finance and the principles upon which these were based, whilst acknowledging that the lack of detail contained in the Government’s paper made it very difficult to assess the impact of the proposals on the Council.

2.2.2 In March 2010 the Government issued a further consultation paper “Council housing: a real future” (with the sub title Prospectus) in which it sets out further details of its proposals for the reform of the HRA. These are briefly outlined in Section 3 below.

2.2.3 The Prospectus sets out 6 specific questions that the Government is seeking views on. These are attached at Appendix A. Section 4 below deals with each question in turn. It sets out where necessary, a brief context to each issue, followed by the Council’s proposed response (shown in italics ). In formulating the proposed response, the Council has assessed/modelled the impact of the proposals on the HRA Business Plan and the ability of the Council to fund its capital investment requirement.

2.2.4 The closing date for responses to the consultation is 6 th July 2010. Given this deadline, there is insufficient time for Call In processes to be concluded and hence this report is not eligible for Call In.

3 Summary of Key Issues

3.1 Self - financing Housing Revenue Account - The consultation paper sets out the Government’s “vision for self financing”Page in 226 which each council will retain its rental income to fund the delivery of housing services and maintain its stock subject to a one-off distribution of debt between councils. The debt that each council can support has been calculated by the Government based on notional income and expenditure assumptions over 30 years.

3.2 Housing Rents - Under the proposals councils will still be required to follow the Government’s social rent policy. There is currently no fixed date for convergence of social rents, although for the purposes of calculating each council’s debt allocation, the Government’s modelling has assumed a convergence date of 2015/16. In order to achieve this, real annual rent increases of 2.2% in 2011 and 2.1% in each of the following four years will be required.

3.3 PFI - For Housing PFI schemes that are signed e.g. Swarcliffe, or will be signed before the implementation of the proposed reform e.g. Beeston & Holbeck and Little London, the annual PFI grant payable from Government has been included in the calculation of the debt settlement figure. In respect of PFI schemes to be signed after implementation e.g. Lifetime Homes, then the Government will pay PFI subsidy separately via a grant.

3.4 Capital investment /New Build - It is the Government’s view that each council’s debt settlement figure provides sufficient capacity and flexibility for a council to put in place and fund an asset management strategy and to build new homes without the need to increase their borrowing above the opening debt settlement figure. Other spending pressures, notably adaptations for disabled local authority tenants, asbestos removal and the Housing Health and Safety Rating system have not been taken into account and funding for these will be considered as part of the next spending review.

3.5 Retention of Capital Receipts – Currently, councils have to pay over 75% of all capital receipts generated to the Government. Under the new proposals councils will be allowed to retain 100% of their housing receipts from houses and land provided that 75% is used for affordable housing and regeneration projects. The remaining 25% may be used for any capital purpose.

3.6 Financial, Accounting and Regulatory Framework - The Government’s proposal is that the HRA should have a separate balance sheet - currently it is all consolidated into the General Fund balance sheet. In addition, the Government wishes to see a clear separation between HRA and General Fund debt and proposes options for doing so. However it does recognise that treasury management efficiencies generated through dealing with all loans consolidated together should not be lost.

3.7 Retention of the HRA ringfence - It is a legal requirement for councils to maintain a ringfenced HRA with only income and expenditure relating to the council’s housing stock being charged there. The Government’s view is that the ring fence still needs to apply and they propose a series of principles that will enable local authorities to decide whether the service should be paid for through the HRA or the General Fund.

4 Response to Consultation Questions

4.1 Question 1 – What are your views on the proposed methodology for assessing income and spending needs under self-financing and valuing each council’s business?

4.1.1 General comments

The Council welcomes the principle of self financing. It would however, have preferred the debt settlement figure to have been based more closely on actual rather than Page 227 notional figures but recognises the difficulties inherent in doing this on a national scale.

Given the notional basis of the calculation, the Council acknowledges the uplifts in both the Management & Maintenance Allowance and the Major Repairs Allowance (MRA) of 11.2% and 30.2% respectively which have been factored into the modelling to determine the debt settlement figure for Leeds. Whilst recognising that these uplifts are above the national averages of 10% and 27%, the Council would question whether these increases are sufficient, particularly given that it has been previously reported that MRA needs to increase by an average of 40% and the Government has acknowledged that the HRA will be funding increasing costs of non core services such as anti social behaviour and alarm systems together with any requirements arising from the Tenant Services Agency (TSA).

The debt settlement modelling makes a number of assumptions around inflation and interest rates. This leaves the risk of any change in these solely with the Council e.g. if interest rates rise the HRA will have to bear the cost with no support from Government.

4.1.2 Specific areas of concern

Following a detailed consideration of the prospectus and the model used by the Government to calculate the opening debt for Leeds there are a number of specific issues the Council wishes to challenge. These are detailed below:

PFI

The prospectus indicates that all PFI schemes signed prior to self-financing have been included in the debt allocation and the PFI allowances currently received will no longer be available. Whilst the calculation includes the allowance for the Swarcliffe PFI scheme it does not reflect accurately the subsidy/stock units for the Little London, Beeston Hill & Holbeck scheme.

The discount rates applied to the PFI allowances Leeds currently receives for the Swarcliffe PFI scheme and is due to receive for the Little London, Beeston & Holbeck scheme are, particularly in the case of the latter, significantly different to the 6.5% and 7% used in the Government’s model to calculate the debt settlement figure and seriously disadvantage the Council over the life of the projects

The Council’s preferred option is for all PFI allowances to be excluded from the modelling of the debt settlement and for us to continue to receive PFI subsidy in the form of a grant. This, in our view, would be more transparent and consistent with the way in which PFI schemes due to start after self - financing is introduced will be funded.

Rental income

The Council notes that there is no proposal to change the rent convergence policy or to allow councils to determine their own rent increases. This effectively means the Government will retain control over rents, with the Council’s income stream potentially not being any more predictable than under the subsidy system. For Leeds, with rental income of £170m per annum a 1% swing in any “guideline” annual rent increase/decrease would generate a gain /loss in income of £1.7m. Within the context of the lack of a certain timeframe for convergence, this uncertainty over our key source of income could have a major impact on long term planning and poses the significant risk of the HRA becoming financial unsustainable in the future. Page 228 The Council would like reassurance that either there will be no changes to the timescales for convergence or that councils will be compensated if any changes have a detrimental impact on their HRA Business Plans.

The consultation paper indicates that the debt settlement figure includes an estimate of forgone income from councils who are affected by the limit on annual increases in individual rents. It is very unclear how this has been calculated and the Council is concerned that the method used may not accurately reflect the true position for Leeds as it is likely to have been based on averages, rather than on an individual dwelling basis. For 2009/10 Leeds received £4.6m in compensation for complying with the Government’s rent policy and therefore any miscalculation in the Government’s model could impact very significantly on our HRA Business Plan projections.

Again the Council would prefer to see this stripped out of the debt settlement model and allow councils to apply for a grant equal to any compensation due in the future.

4.2 Question 2 - What are your views on the proposals for the financial, regulatory and accounting framework for self-financing?

4.2.1 The HRA ringfence

The Council welcomes the continuation of the HRA ringfence and supports the principle of “the need to be fair to both tenants and council tax payers” with the test being “who benefits”. It supports the approach of local flexibility in the allocation of costs between the HRA and the General Fund.

4.2.2 Housing Balance sheet

The Council recognises the need to be transparent in relation to costs associated with housing and accepts that a separate housing balance sheet would contribute towards this transparency.

4.2.3 Unpooling of housing debt

Leeds’ current £1.4bn loan maturity profile, set within the prudential framework, has been established to ensure that it matures in a manageable fashion and that there are no unusual maturity peaks that present undue interest refinance risk. The consultation paper proposes to separate out these portfolios so that there is a clear separation between general fund debt and HRA debt. This provides for effects of decisions being taken in one area being self contained unlike in the present system.

However there would be increased costs of administration without any direct improvement in the management of the separated loan portfolios. Indeed opportunities may be seized at the expense of the other loan portfolio, where at present both areas benefit. The number of opportunities may also be reduced in the remaining portfolio. There are also concerns over how, when and on what basis the loan portfolio will be split between HRA and General fund.

The current proposals would result in the repayment of circa. £400m PWLB loans, which would incur a penalty for repayment of circa. £50m. It is important that this penalty does not fall on the Council. The consultation does not appear to welcome the repayment of market loans, even if possible. Any repayment would require the current treasury strategy to be re-written as a number of prudential indicators will be breeched. It may also be the case that two strategies may need to be developed to cover the two loans funds and may also require the practical separation of daily Page 229 management of the authority’s cash flow. The authority would then need to manage two loan book backs to an acceptable level of risk maturity over a period of time.

As a minimum the Council would expect that any proposals to separate general fund and HRA debt will not result in a negative impact on the Council’s General Fund in terms of additional costs falling upon the Council tax payer.

4.3 Question 3 - How much new supply could this settlement enable you to deliver, if combined with social housing grant?

In modelling the debt settlement figure, the Government have used a discount rate of 7% to value the business and not 6.5% usually involved in housing stock transfers. This should, in the Government’s opinion allow councils headroom to deliver a sustainable new build programme without increasing borrowing above the opening debt allocated.

Using a discount factor of 7%( rather than 6.5%) in the Government’s model reduces the Council’s opening debt settlement figure by @ £20m.Based on this figure it is estimated the Council could build 160-170 new homes per year based on the current average cost of a new build, land at nil cost and no Social Housing Grant.

Increasing the number of new homes is one of the Council’s strategic priorities, however, any decision to build new homes would need to be taken within the context of other strategic priorities such as the need to maintain decent homes and the wider investment needs as outlined in the Council’s Asset Management Strategy.

4.4 Question 4 – Do you favour a self - financing system for council housing or the continuation of a nationally redistributive subsidy system?

Question 5 - Would you wish to proceed to early voluntary implementation of self- financing on the basis of the methodology and principles proposed in this document? Would you be ready to implement self –financing in 2011/12? If not, how much time do you think is required to prepare for implementation?

The Council agrees that the current HRA subsidy system is complex, hard to understand and lacks transparency. The annual nature of the process also means that long term planning is difficult, because it is problematic to project the impact of future subsidy determinations on the HRA Business Plan.

The Council welcomes the move towards a self-financing model, as in principle it should offer more certainty in terms of funding which will allow for better planning of works, facilitate more efficient procurement which will facilitate more robust asset management strategies.

There are however still, a number of key issues which would need to be addressed and clarified before the Council would wish to implement self financing. These concerns are specifically outlined in responses to the consultation questions 1, 3, and 6.

4.5 Question 6 - If you favour self-financing but do not wish to proceed on the basis of proposals in this document. What are the reasons?

4.5.1 Restrictions on borrow ing retention of capital receipts

In formulating the Council’s view the current indicative debt settlement figure provided by the Government for Leeds (£403m)Page 230 has been modelled into our 30 year HRA Business Plan. This has then been compared against the position if the current system of housing subsidy were to continue. In addition, these respective positions, and any additional headroom generated from the proposals have been compared against the housing capital investment requirement for the thirty year period.

Whilst the self financing settlement will deliver additional resources over the 30 year period, our modelling shows that less than 10% of these resources will be realised in the first 15 years of our Business Plan. The Council would prefer to see a mechanism which spread the benefit of additional resources more evenly enabling a more consistent approach to meeting investment needs in line with our Asset Management Strategy.

The Council welcomes the proposal that councils will be able to retain 100% of their housing capital receipts, but would prefer there to be greater flexibility in respect of local discretion as to how these are used. Given this proposal does not require any primary legislation, the Council would ask the Government to amend the Capital Financing Regulations in order that it could be implemented as soon as possible.

Whilst recognising the Government’s wish to control public sector debt borrowing, the Council does not support the proposal that councils will not be able to take on additional borrowing above the opening debt allocated as part of the self-financing settlement. This proposal to limit “additional” borrowing; seems in conflict with the benefits of the proposed reforms particularly in relation to the ability to plan long term, local flexibility and accountability. It would be our preference to continue the application of the Prudential Code in respect of housing borrowing, in the same way it is applied to General Fund borrowing.

4.5.2 Risk

In our view, all the risks of implementing the self-financing system as detailed in the consultation appear to transfer to the Council. These include the risk that assumptions used in the Government’s modelling turn out to be unrealistic over the life of the Business Plan e.g. inflation, interest rates, compensation for rents. In addition there are risks that may arise due to future statutory or regulatory changes over which the Council has no control.

The consultation paper states that the self-financing settlement is “full and final” with no transfer back or Government support should any council agreeing to implement the proposals be unable to cope in the future. .

The Council would urge the Government to consider the option of a “safety net” for council’s should this be required.

4.5.3 Funding of adaptations

The proposal that resourcing of adaptations, asbestos removal and works arising from the Housing Health and Safety Rating system will be considered as part of the Spending Review is of concern, particularly given the constraints which are due to be implemented in respect of public sector expenditure. Specifically there are significant pressures to continue to increase expenditure on aids and adaptations in Council properties and as there is no guarantee that there will be sufficient funding allocated for these, this will almost certainly place additional pressure on Council resources with little means of increasing these through additional borrowing or rental increases.

Page 231

5 Implications for Council Policy and Governance

5.1 There are no specific implications for Council policy and governance at present given that the Government are seeking views on proposals. As more details emerge the implications for the Council will be considered. The Government’s stated aim of increasing the number of new homes is consistent with the council’s strategic objectives.

6 Legal and Resource Implications

6.1 Specific legal and resource implications are covered in Section 4 of this report.

7 Conclusions

7.1 The Council agrees that the current HRA subsidy system is complex, hard to understand, lacks transparency and makes long term planning difficult.

7.2 The Council supports the review of council housing finance and the principles upon which it is based. The introduction of a self - financing regime should be more transparent and easier to explain to tenants and other stakeholders, whilst offering more certainty in terms of funding, which in turn should allow better planning of works, more efficient procurement and facilitate more robust asset management strategies.

7.3 The proposals contained with in the consultation paper “Council housing: a real future” have been considered in the context of the benefits it would bring in not having the annual subsidy determination. In addition the Government’s debt settlement figure for Leeds has been modelled into the HRA Business Plan.

7.4 This modelling demonstrated that over the life of the 30 year Business Plan the Council would be substantially better off compared to remaining in the subsidy system. However for the first 10 years there is arguably little difference with a potential reduction in flexibility due to the restriction in borrowing

7.5 Whilst not opposed in principle to a self-financing system there are, however, still a number of key issues which would need to be addressed and clarified by the Government before the Council would wish to consider implementation. These are covered in Section 4 of the report.

8 Recommendations

8.1 That Executive Board agree the proposed response to the Government’s consultation paper “Council housing: a real future”.

Reference documents

(a) Council housing : a real future - Prospectus - Department for Communities and Local Government - March 2010

(b) Council housing : a real future - Impact Assessment - Department for Communities and Local Government - March 2010

(c) Housing Finance Reform: An Initial Briefing Note - CIPFA - 31 March 2010CLG HRA Finance Reform Paper – SECTOR – 16 th September 2009

Page 232 (d) Council Housing Finance Reform “Prospectus”- the main issues - Trowers & Hamlins - April 2010

(e) Council housing : a real future – SIGOMA Briefing - April 2010

Page 233 Appendix A

Consultation questions

1. What are your views on the proposed methodology for assessing income and spending needs under self-financing and for valuing each council’s business?

2. What are your views on the proposals for the financial, regulatory and accounting framework for self-financing?

3. How much new supply could this settlement enable you to deliver, if combined with social housing grant?

4. Do you favour a self-financing system for council housing or the continuation of a nationally redistributive system?

5. Would you wish to proceed to early voluntary implementation of self- financing on the basis of the methodology and principles proposed in this document? Would you be ready to implement self-financing in 2011-12? If not, how much time do you think is required to prepare for the implementation?

6. If you favour self-financing but do not wish to proceed on the basis of the proposals in this document, what are the reasons?

Page 234 Agenda Item 23

Originator: Bridget Emery

Tel: 3950149

Report of the Director of Environment and Neighbourhoods

Executive Board

Date: 22nd June 2010

Subject: Response to Scrutiny Board Statement Regarding Housing Contracts

Electoral Wards Affected: Specific Implications For:

Equality and Diversity a

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

a (Details contained in the report)

EXECUTIVE SUMMARY

1. This report provides the E xecutive Board with details of the recommendations from the recent Environment and Neighbourhoods Scrutiny Board inquiry in to the Procurement of Housing Contracts and details how the Director proposes to respond to these recommendations. The report asks the Board to approve the proposed response.

RECOMMENDATIONS

2. Executive Board are recommended to:

Approve the proposed recommendations to the Scrutiny Board’s recommendations.

1. Purpose of this report

1.1 This report provides the Executive Board with details of the recommendations from the recent Environment and Neighbourhoods Scrutiny Board inquiry in to the Procurement of Housing Contracts and details how the Director proposes to respond to these recommendations. The report asks the Board to approve the proposed response.

Page 235 2. Background Information

2.1 In June 2009 a call in meeting of the Environment and Neighbourhoods Scrutiny Board was held. This was to consider an Officer Delegated Decision relating to a request to enter into a framework contract for the supply and management of temporary accommodation. Consideration of this decision led the Scrutiny Board to conduct a wider review into the processes followed by Environment and Neighbourhoods when procuring contracts in housing services. In July 2009, the Scrutiny Board agreed to establish a working group to consider evidence as part of this review.

2.2 The report makes five recommendations for action. The recommendations concern the working practices of the Environment and Neighbourhoods directorate and those of the Corporate Procurement Unit. These recommendations are accepted by the Director of Environment and Neighbourhoods and actions are underway or have been completed to address them.

3. Main issues

3.1 Below, each of the Scrutiny Boards five recommendations are listed along with a response from the relevant director.

3.2 Recommendation One:

That the Director of Environment and Neighbourhoods leads on the development of a robust inspection programme as part of the Council-wide contract for the provision of temporary accommodation to ensure that all properties are checked for suitability prior to any placements being made. Where this is not possible due to unforeseen emergency situations, then to ensure that an inspection is undertaken within 48 hours or on the next working day.

The Director of Environment and Neighbourhoods has established a programme of inspections as detailed above. Additionally this requirement is build into the service specification of the proposed new framework contract which is currently subject to a tender exercise.

3.3 Recommendation Two:

That the Chief Procurement Officer leads on developing a robust internal data sharing system/protocol to complement the Pre-Qualification Questionnaire process as part of any procurement exercise.

That an updated report is brought back to Scrutiny by October 2010.

The Chief Procurement Officer agrees with this recommendation and in developing the data sharing and robust protocol will consider all potential areas of service within the Council. The data sharing and protocol will relate mainly to the company concerned but the Chief Procurement Officer will also look at how this can be applied to Directors of companies. This work will be completed by end December 2010 and an update report will be produced in September 2010.

3.4 Recommendation Three:

That the lessons learned from the Supporting People contract management arrangements are disseminated more widely across the Council and for the Director Page 236 of Environment and Neighbourhoods and the Chief Procurement Officer to lead on championing such arrangements as a best practice model.

The Director of Environment and Neighbouroods and the Chief Procurement Officer agrees with this recommendation. The findings of the Central and Corporate Scrutiny Board in 2008/9 and the findings of this current scrutiny report regarding contract management are being acted on and case studies are being prepared. A case study championing the Supporting People contract management will be publicised in June 2010 and further case studies will follow. The Chief Procurement Officer has made this work a priority in his service plan and all contracts will have a contract management plan by 1 st April 2011.

3.5 Recommendation Four:

That, as part of the ALITO system used by the Procurement Unit, all contract managers are prompted to conduct a review of the contract at least 12 months before the contract expiry date.

3.5 The Chief Procurement Officer agrees with this recommendation where contracts exceed 18 months in length. This is good practice which needs to be part of the overall contract management process. The prompt will be put in place from June 2010.

3.6 Recommendation Five:

That the Council’s Monitoring Officer and Chief Officer of Human Resources explore ways in which the requirement for Members and officers to formally register and declare any interest/relationships of a business or private nature with external contractors or potential contractors can be made more transparent as part of any contract review process.

That an update report is brought back to Scrutiny within 3 months.

The Council’s Monitoring Officer and Chief Officer Human Resources agree with this recommendation and will review the delegated decision notification form. Footnote 6 on the form will be revised to make clear the circumstances under which an officer and/or member must declare an interest and an entry on the form will be mandatory rather than optional.

4. Implications for Council Policy and Governance

4.1 There are no specific implications for Council Policy and Governance.

5. Legal and Resource Implications

There are no specific legal or resource implications.

6. Conclusions

6.1 The Environment and Neighbourhoods Scrutiny Board’s inquiry into issues around the procurement of temporary accommodation has identified some important issues for both housing services and Corporate Procurement Unit. The standard of temporary accommodation used by vulnerable people has improved over the past 12 months and the recommendations contained in this report will further improve the standard of accommodation and the procurement of other services within the Directorate.

Page 237 7. Recommendations

7.1 Executive Board are recommended to:

Approve the proposed responses to the Scrutiny Board’s recommendations.

8. Background papers

8.1 There are no specific background papers to this report.

Page 238 Scrutiny Statement Procurement of Housing Contracts

Scrutiny Board (Environment and Neighbourhoods) April 2010

Page 239 2 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 240 Introduction and Scope

it was evident from the Call In meeting Introduction that the suitability and financial viability of one of the prospective providers had 1. A Call In meeting of the Environment already raised concerns amongst local and Neighbourhoods Scrutiny Board rd Ward Councillors and residents prior to was held on 3 June 2009. This was to the completion of the PQQ process. We consider an Officer Delegated Decision subsequently learned that this particular of the Chief Housing Services Officer provider had indeed failed to pre-qualify. relating to a request to enter into a framework contract with Cascade 6. In view of this, we questioned the Homes, Care Solutions and Green robustness of the procurement process Investments (Jump) for the supply and followed by the directorate, particularly management of temporary in identifying prospective providers, and accommodation for a period of 12 also sought clarification of the specific months, commencing in May 2009 at a role of Procurement and Legal Services cost of £2.6m per annum. in this process.

2. In consideration of this particular 7. The fact that two extensions to the decision, a number of concerns were framework contract had been requested raised about the processes that were by the directorate as a result of not followed for this particular contract. This having completed a competitive tender led the Scrutiny Board to conduct a exercise before the contract expiry date wider review into the processes followed also led us to question the contract by Environment and Neighbourhoods management and monitoring when procuring contracts in housing arrangements in place. services. 8. In consideration of the above, we 3. In July 2009, the Board agreed to agreed that our review would focus on establish a working group to consider the following areas: evidence as part of this review. The membership of this working group x The general procurement process included Councillors Barry Anderson, followed by Environment and Graham Hyde and Joe Marjoram. Neighbourhoods for contracts procured in relation to housing Scope of the review services and the specific role of Procurement and Legal Services in 4. The concerns raised during the Call In this process. were considered when determining the scope of this review. x Contract management and monitoring arrangements in place 5. In particular, we noted that the decision within Environment and to enter into a framework contract with Neighbourhoods the three temporary accommodation providers was made subject to the x The rationale and processes completion of the pre-qualification followed to waiver Contracts questionnaire (PQQ) process. However,

3 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 241 Introduction and Scope

Procedure Rules in relation to housing contracts.

x Contract review processes and any lessons learned from the Call In.

9. During our review, we welcomed the contribution of representatives from Environment and Neighbourhoods, Supporting People, Corporate Procurement, Legal Services and Internal Audit. In recognition of the strategic move towards adopting a more joined up approach for the procurement of housing provision for vulnerable clients, we also invited contributions from the Adult Social Care and Children’s Services directorates.

10. Overall, this review has enabled Scrutiny to observe how the lessons learned from the Call In have led to significant improvements within Environment and Neighbourhoods in terms of its procurement and contract management processes for housing and housing support services. However, it also presented opportunities to identify where procurement practices within the directorate and across the Council could be strengthened.

11. Whilst acknowledging that there will be resource implications attached to our recommendations, which will need to be taken into consideration by the various directorates, our recommendations seek to bring about long term efficiency gains across the Council.

4 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 242 Conclusions and Recommendations of temporary accommodation The procurement of placements across the city. Recent quality temporary performance figures reported to the Scrutiny Board in March 2010 indicated accommodation that on 31 December 2009, there were 98 homeless households in temporary 12. During the Call In meeting, local accommodation throughout Leeds. This residents shared their experiences of is a reduction of 81 or 45% from the end poor quality temporary accommodation of September 2009, when 179 homeless within their areas which had been households were accommodated. contracted by the Council. This led the Scrutiny Board to make a formal 17. We learned that this reduction has been recommendation to the directorate to achieved primarily through a focused ensure that all properties are inspected effort to reduce the use of private sector for suitability prior to allocation to service accommodation leased through the users. Where this is not possible, then Leeds Housing Options Service by to ensure that an inspection is successfully maximising homeless undertaken within 48 hours or on the prevention opportunities. We therefore next working day. congratulate the relevant staff within the Environment and Neighbourhoods 13. Following the Call In, we were very directorate for this achievement. pleased to learn that the concerns raised had prompted the directorate to 18. Decreasing the demand for temporary take a more proactive approach in accommodation placements will checking the suitability of temporary obviously make it more manageable to accommodation contracted by the check the suitability of temporary Council by ensuring that every property accommodation properties prior to is inspected. making any placements. Such quality assurance is paramount when we 14. We appreciate that previously such an consider the vulnerability of many of the approach would have proved more homeless households that use this difficult to adopt given the high numbers service. of temporary accommodation placements (we noted that demand rose 19. However, during our review we learned to over 400 households accommodated of the strategic move towards procuring at any given time in September 2008). a Council-wide contract for the provision of temporary accommodation for all 15. However, in 2004 the Government set a vulnerable clients across the city. Such target for all local authorities to halve provision had been very fragmented in temporary accommodation by March the past and therefore this new contract 2010. Using the 2004 figures as the aims to provide a more integrated baseline, the target set for Leeds was to service and will be managed jointly by reduce from 521 to no more than 261 Environment and Neighbourhoods, placements in March 2010. Adult Social Care and Children’s Services. 16. Over the last couple of years, we have observed a dramatic fall in the numbers

5 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 243 Conclusions and Recommendations 20. In welcoming this move, we would fully Procedure Rules. These Rules set expect to see the same quality down strict procedures that must be assurance standards adopted as part of followed to ensure that all procurement the new Council-wide contract. We is compliant, ethical and within the legal therefore recommend that the Director framework. They also encompass the of Environment and Neighbourhoods need for transparency, openness and leads on the development of a robust fairness. inspection programme as part of the Council-wide contract to ensure that all 22. During our review, we learned that as properties are checked for suitability part of any procurement process, an prior to any placements being made. advertising and pre-qualification However, where this is not possible due questionnaire (PQQ) process is to unforeseen emergency situations, an undertaken to aid the selection of inspection should be undertaken within appropriate contractors. The aim of this 48 hours or on the next working day. process is to ensure potential contractors are robust and competent organisations. Checks are therefore Recommendation 1 carried out and the organisations are That the Director of Environment and vetted to determine whether they are Neighbourhoods leads on the financially viable; have a suitable health development of a robust inspection and safety policy; have competent programme as part of the Council- administrative procedures; have wide contract for the provision of effective employment practices; have temporary accommodation to ensure robust management procedures and are that all properties are checked for able to demonstrate a track record to suitability prior to any placements deliver services. being made. 23. Whilst acknowledging such Where this is not possible due to safeguarding measures, we refer again unforeseen emergency situations, to the Call In meeting and the fact that then to ensure that an inspection is concerns had already been raised about undertaken within 48 hours or on the the suitability and financial viability of next working day. one of the prospective providers prior to them completing the PQQ process.

Improving data 24. In particular, it was brought to our attention that a decision had been taken sharing on prospective by the Planning Inspectorate in March contractors 2009 which had dismissed an appeal against service of notices for 21. As with the majority of housing unauthorised works by an individual who contracts, the Council-wide contract for was linked to this particular provider. the provision of temporary Such local intelligence about this accommodation will be procured provider had been held by the Council’s through one of the competitive tender Planning division yet had not been taken routes set out in the Council’s Contracts’

6 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 244 Conclusions and Recommendations

into consideration during this particular Recommendation 2 procurement process. (i) That the Chief Procurement Officer leads on developing a 25. We subsequently learned that this robust internal data sharing particular provider had indeed failed to system/protocol to complement satisfy the PQQ process and therefore the Pre-Qualification was not awarded a contract. However, Questionnaire process as part of in view of such a track record, we any procurement exercise. questioned why they had been considered as a prospective provider in (ii) That an update report is brought the first instance. back to Scrutiny by October 2010. 26. Following the Call In meeting, we were pleased to learn that officers from Environmental Health and Planning are 29. Once a contract has been procured and now involved in the procurement work awarded, we recognise that the future for the tender of the new framework success of the contract will be contract and that providers will be dependent upon the contract required to provide an up-to-date list of management arrangements put in place potential properties likely to be included to deliver the contract’s terms and in the contract, which will also be shared conditions and also the commitment of with officers from Environmental Health all partners to comply with such and Planning as appropriate. arrangements.

27. Whilst acknowledging the role of the 30. Whilst our review primarily focused on PQQ process and the safeguards this the contract management arrangements brings, our review has highlighted a used within Environment and need to improve data sharing internally Neighbourhoods for housing related to ensure that all local intelligence about contracts, in identifying and sharing a particular company/person is taken models of best practice we also into account during the procurement recognised opportunities to strengthen process. In relation to housing contract management practices contracts, we would particularly throughout the Environment and emphasise the importance of sharing Neighbourhoods directorate and across data with Planning Enforcement and the Council. Environmental Health.

28. Whilst not wishing to cause any Sharing best practice unnecessary delays to the procurement models around process, we do recommend that a robust internal data sharing contract management system/protocol is developed to complement the PQQ process as part of 31. During our review, particular attention any procurement exercise. was given to the contract management arrangements adopted by Supporting People Services in recognition of the fact that the majority of housing related

7 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 245 Conclusions and Recommendations support services for vulnerable adults performance and in the value for money are commissioned through Supporting of commissioned supported housing People. services in the city.

32. The Supporting People programme is 36. In recognition of its success, we learned managed through a Commissioning from the Chief Housing Services Officer Body, which comprises representatives that the Supporting People contract from the Council, NHS Leeds and the management arrangements are to be West Yorkshire Probation Service. adopted as best practice for other However, the programme is housing contracts. This will include the administered on a day-to-day basis by new Council-wide contract for the the Housing Strategy and provision of temporary accommodation Commissioning section, which sits within as we learned that both Adult Social the Environment and Neighbourhoods Care and Children’s Services are also directorate. keen to learn from this process.

33. We learned that in 2008/09, the Leeds 37. We are conscious that contract Supporting People programme received compliance and management was also a grant settlement of £32.9 million, a identified as a significant area for reduction of £3 million from the position improvement by the Central and in 2003/04. As a result, efficiency Corporate Functions Scrutiny Board savings of approximately £7.5 million following its Inquiry into the have needed to be generated since Procurement of Services during 2003 in order to balance the budget, 2008/09. A number of given the real increases in costs, and to recommendations were put forward by also commission new strategically the Board to help improve contract relevant services. management, which included using a case study approach to demonstrate 34. In acknowledging that the Leeds good examples of contract management Supporting People programme across the Council and to build these succeeded in delivering significant into existing guidance and training. improvements in service quality and performance at the same time as 38. In view of this, we would recommend generating efficiency savings, we noted that the lessons learned from the that such improvements were a direct Supporting People contract result of partnership working with management arrangements are service providers through a new disseminated more widely across the contract management process which Council and for the Director of was introduced in April 2007. Environment and Neighbourhoods and Chief Procurement Officer to lead on 35. This process includes a quarterly championing such arrangements as a performance review of all services best practice model. subject to Supporting People contracts against a Quality Assessment Framework and has led to significant improvements in the quality,

8 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 246 Conclusions and Recommendations

Recommendation 3 41. We learned that, on average, the That the lessons learned from the Procurement Unit will receive around Supporting People contract one or two requests each week to management arrangements are waiver/invoke contract procedure rules. disseminated more widely across the The Procurement Unit and Internal Audit Council and for the Director of are required to provide written advice Environment and Neighbourhoods about any risks of securing the contract and Chief Procurement Officer to lead without seeking competition, which is on championing such arrangements taken into account as part of the as a best practice model. decision making process and published with the delegated decision form.

42. Whilst acknowledging that a robust Conducting timely business case and rationale is required contract reviews when making a request to waiver/invoke contract procedure rules, it was noted 39. During the Call In meeting, we noted that many of these requests are made that two extensions to the framework as a result of contracts not being contract for the provision of temporary monitored effectively. accommodation had been requested by the directorate as a result of not having 43. It was highlighted that the Procurement completed a competitive tender exercise Unit has a system in place (ALITO before the contract expiry date. system) which notifies relevant officers within each of the directorates when a 40. We were informed that the initial contract is due to expire. The degree of intention was to move forward with the notice is usually determined by the procurement of a Council-wide contract officers responsible for managing each before the existing framework contract contract. had expired. However, subsequent delays in identifying the total number of 44. However, where an extension provision units required by all directorates had led is written into a contract, the to the Environment and Neighbourhoods Procurement Unit will write to the directorate putting in place its own contract manager 6 months before the contract in order to meet it’s statutory expiry date to make it clear that an requirements. In view of the short evaluation of the service would need to timescale left to complete a competitive be undertaken before granting an tender exercise for a new contract, the extension to ensure that the quality of directorate sought approval to service remains, otherwise it should be waiver/invoke particular contract subject to competitive tender. procedure rules to enable them to enter into a framework contract and secure 45. With regard to the Supporting People temporary accommodation provision Contracts, we noted that as there are whilst the competitive tender exercise is over 100 contracts in place, which are carried out. often short term contracts, most of these will have an extension provision as it would not be feasible to submit this

9 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 247 Conclusions and Recommendations volume to competition as they come up 50. When conducting such reviews and for renewal. Instead contracts are evaluating the future of a contracted prioritised for competitive tender. service, this process also needs to be However, it was highlighted that in guided by the general procurement addition to the quarterly reviews principles of transparency, probity and conducted for each contract, an fairness. evaluation process would also normally take place 9 months before the expiry 51. In particular, we recognised the need to date, with proposals now in place to ensure that the individual interests of change this to 12 months. those conducting the reviews and taking part in any procurement discussions are 46. It is vital that contracts are reviewed as accurately registered and openly early as possible in order to avoid disclosed to avoid any conflicts of unnecessary delays in the tendering interest which may prejudice the process and to also reduce the need to process. waiver/invoke contract procedure rules unnecessarily. 52. Whilst acknowledging that Members and officers of the Council are governed by 47. We were pleased to learn that the Codes of Conduct which require them to Procurement Unit now has a dedicated register and declare any team in place to help improve contract interests/relationships of a business or management and assist clients in private nature with external contractors monitoring contracts more effectively. or potential contractors, we would recommend that the Council’s 48. Whilst we acknowledge that directorates Monitoring Officer and Chief Officer of are directly responsible for monitoring Human Resources explore ways in their own contracts, we recognise the which this can be made more valuable role of the Procurement Unit in transparent as part of any contract assisting to alert contract managers review process. prior to a contract expiry date. However, we believe that such alerts need to be made much earlier than 6 months. Recommendation 5 (i) That the Council’s Monitoring 49. We discussed when would be an Officer and Chief Officer of Human appropriate time to review a contract Resources explore ways in which and, in line with the proposal put forward the requirement for all Members for the Supporting People contracts, we and officers to formally register would recommend that all contracts are and declare any formally reviewed at least 12 months interests/relationships of a before its expiry date. business or private nature with external contractors or potential Recommendation 4 contractors can be made more That, as part of the ALITO system transparent as part of any contract used by the Procurement Unit, all review process. contract managers across the Council are prompted to conduct a (ii) That an update report is brought review of a contract at least 12 back to Scrutiny within 3 months. months before the contract expiry date.

10 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 248 Conclusions and Recommendations Procuring high quality goods/services for the residents of Leeds.

53. Finally, we would like to acknowledge again that it was through the actions of the local residents and Ward Councillors who utilised the Scrutiny Call In process to share their concerns about a particular procurement process that led us to conduct this wider review.

54. In acknowledging that Leeds City Council annually procures around £800m worth of goods, works and services from the private and voluntary sectors, as well as other public sector organisations, it is vital that best practice is utilised across the Council in relation to procurement and contract management processes in order to secure value for money, high quality services, goods and works for the residents of Leeds.

11 Scrutiny Statement on the Procurement of Housing Contracts Published April 2010 Page 249 Scrutiny Board (Environment and Neighbourhoods) Procurement of Housing Contracts April 2010 Report author: Angela Brogden

[email protected]

Page 250 Agenda Item 24

Originator: Andrew Mason

Tel: 0113 39 52860

Report of the Director of Environment and Neighbourhoods

Executive Board 22 nd June 2010

Subject: Grounds Maintenance Contract

Electoral Wards Affected: All Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap X Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In X (Details contained in the report)

EXECUTIVE SUMMARY

Grounds Maintenance activities across the city (apart from in those areas maintained by Parks and Countryside) are currently carried out on behalf of four internal ‘clients’ by two external contractors. This report outlines the work done to date to renew the contractual arrangements and recommends that a procurement process be commenced for a new contract for five years with the option to extend this up to a maximum of a further five years. The revised contract start date has moved from 01-03-2011 to 01-01-2012.

1.0 PURPOSE OF THIS REPORT

1.1 To advise Executive Board of progress to date with the procurement of a new grounds maintenance contract and to recommend the proposed approach to contract packaging and procurement.

1.2 To advise Executive Board of the proposed revision to the contract start date from the 1 st March 2011 to 1 st January 2012.

1.3 To advise Executive Board of a number of key issues that have emerged to date that will influence the approach taken to procurement and the shape of the contract and how it is operated.

1 Page 251 2.0 BACKGROUND INFORMATION

2.1 Existing contractual arrangements for grounds maintenance across the city have now been extended to their maximum points and are due to expire in February 2011. Currently two providers, Glendale and ATM, carry out grounds maintenance activities on behalf of four main clients – the 3 ALMOS, (Aire Valley Homes includes BITMO) and Highways and Transportation.

2.2 Members will be aware that shortly after the current contractual arrangements commenced in 2005 there were several numbers of concerns about performance. As a result, the Environments and Neighbourhoods Scrutiny Board took an interest in the current contractual arrangements. They are also engaged in a review of the current process to renew the current contract. Members will be aware that recent ALMO inspection reports have also made reference to grounds maintenance and in particular specification issues such as cut length and the collection of grass cuttings. The process followed to let a new contract has therefore sought to learn from previous experiences and in particular to introduce much stronger contract monitoring and management arrangements, better mapping of sites and ownership and allow for greater flexibility over specification to allow higher standards to be achieved subject to them being affordable by the various clients.

2.3 The procurement strategy approach adopted to date has sought to engage and incorporate the views of the various clients whilst at the same time promoting a consistent approach to grounds maintenance across the city. This will allow local flexibility including the facility to enhance standards (e.g. increased frequency of cuts, cut and collection of grass cuttings etc.) where individual clients feel it is appropriate and represents value for money.

2.4 Looking forward, the proposals to monitor the performance of the appointed contractor will also seek to engage and actively involve the various clients so that they can feedback to their various stakeholder groups in a positive way and reflect that their interests are being represented and upheld. ALMO tenants and Town and Parish Council representatives will be encouraged to have a far greater role in the monitoring of the grounds maintenance services.

2.5 In overall terms the new contract will deliver the following grounds maintenance functions:

• Amenity grass in residential areas including roadside verges, grass around sheltered areas and other areas some of which are on “In Bloom” judging routes. • Rough cut grass – this includes grass in urban or rural areas requiring less maintenance than amenity grass. • “Sight line” grass on highways – this is particularly in rural areas and at road junctions and bends, and is cut to maintain road safety standards. • Shrub and rose beds at various sites within the city. • Primary networks – typically grass verges and central reservations surrounding motorway and other key junctions. • Hedge maintenance

More detail of the specification proposals for the above functions can be found in Appendix 1. This specification is a draft document and may be subject to change.

2.6 In considering the way forward for the service the Project Team and Programme Board have considered the options of either a traditional ‘input’ based specification where works and frequencies are clearly specified or an ‘output’ based specification where less prescription is given and more emphasis is placed on desired outcomes – e.g. ‘maintain all grassed areas to a certain standard throughout the growing season’ with no reference to numbers of cuts to be carried out in a given period or frequency. An ‘input’ based specification is the strongly recommended option as this gives far greater certainty as to the works being carried out and when and also enables far greater clarity from a contractor performance management and payment perspective.

2 Page 252

3.0 PROJECT STRUCTURE AND GOVERNANCE ARRANGEMENTS

3.1 The procurement strategy is currently being overseen by a Grounds Maintenance Programme Board chaired by the Chief Environmental Services Officer, Chief Executive Officers from the three ALMOs and BITMO, the Chief Officer for Highways and Transportation along with other key stakeholders including Strategic Landlord, Procurement Unit and Parks and Countryside. Additional specialist expertise has also been provided by other services including Risk Management and Project Assurance. In addition to the Programme Board, a Project Team, again with appropriate representation, has been meeting to work up the detail of the approach currently being taken. The Council’s Delivering Successful Change methodology for key projects is being followed and the approach taken has recently received a helpful project assurance health check.

4.0 PROCUREMENT TIMETABLE

4.1 The current contract ends on 28-02-2011 however concern has been raised about the risks associated with having a new contract starting on the same day as the start of the grass cutting season.

4.2 In view of this, it is proposed to extend the current contract until 31-12-2011 with the contract award date around August 2011. This will allow a generous mobilisation period and a contractor handover at a point in the horticultural calendar when maintenance activity is reduced. The new contractor will have the opportunity to become established and fully resourced to start the grass cutting season on 01-03-2012.

The key dates and stages of the revised procurement timetable can be summarised as follows;

Sept 2010 - seek confirmation of Parish & Town Council's involvement Oct 2010 - evaluation of returns Oct/Nov - report findings to Programme Board Dec 2010 - publication of OJEU (Official Journal of the European Union) advert inviting expressions of interest Late January 2011 - return of completed PQQs (Pre Qualification Questionnaire) documentation February 2011 - PQQ evaluation Early March 2011 - tenders invited Early June 2011 - tenders returned June/July 2011 - tender evaluation Mid August 2011- contract award 1st January 2012 - contract start

4.3 This approach allows a mobilisation period of 17-20 weeks and for any other contract handover issues (such as T.U.P.E) to be resolved before the start of the grass cutting season. Members will be aware that at the start of the current contract the mobilisation period was significantly shorter (only a matter of a few weeks) and that was one of the main reasons for the poor contract start up and performance in the early stages.

4.4 In terms of extending the current Glendale contract in to year 7 and the ATM contract in to year 3 there are two issues to consider.

i. The existing contractor’s agreement to extend and any increases on contract payments.

ii. The procurement rules governing extensions of a contract beyond contract term.

In terms of the first issue, the current contractors have been formally approached regarding the proposed 10 month contract extension. Both Glendale and ATM have agreed in

3 Page 253 principle to the extension and understand that the Council would only proceed if contract price increases were affordable.

Regarding the second issue, discussions with the Chief Procurement Officer have been positive and extension of both contracts is achievable through a formal variation to both contracts. There is a risk associated with extending the main contract due to its value however the issue of a voluntary transparency notice will mitigate the possibility of challenge.

5.0 CONSULTATION ARRANGEMENTS AND FEEDBACK

5.1 In recent months the various clients have undertaken a range of customer consultation activities. These are summarized below with key findings:

ALMO and BITMO Boards Consultation has taken place with customers through a variety of methods including newsletter articles, attendance at Resident and Tenant Group meetings, satisfaction surveys and a number of focus groups.

The issues that have been raised through the consultation process have been considered by the Project Team and include:

- Clarity on how customers could report problems - Feedback when complaints are received - Effective action when complaints are received - Publish ‘Service Standards’ that are easy to obtain and understand - Mapping of all sites needs to be up to date - Monitoring needs to be consistent - Financial penalties need to be imposed on the contractor - Modern and suitable equipment needs to be used - Litter picking needs to be undertaken prior to grass cutting

Area Committees A report was presented to all ten Area Committees in September/October 2009 and in summary identified five key issues.

Mapping of Sites (see paragraph 5.3 below ) Throughout the life of the current contract work has been done to improve mapping information for all the sites covered by the specification. More work needs to be done to ensure that the mapping database is as up to date as possible and maintained throughout the life of the next contract.

Contract Specification A number of issues were raised including the possibility of collecting grass cuttings, the ability to vary the number of cuts in certain areas, the removal of cuttings from highways and footways after works have been carried out.

Contract Structure

The report to Area Committees recommended that one city wide integrated contract represents the opportunity to get best value. In the main this was agreed to but some comments were made on the role of Town and Parish Councils (see para 6.3).

Contract Monitoring Various comments were made including the need to ensure more consistent monitoring and the deduction of payment for unsatisfactory or uncompleted work.

Contract Mobilisation A general desire to ensure a longer lead in period than was allowed for the current contract. 4 Page 254 Devolution of some Functions to Parish Councils A number of areas commented on the potential role of Town and Parish Councils either as deliverers of service or to assist in the contract monitoring.

Leeds Citizens’ Panel 1,000 members of Leeds Citizen’s Panel were consulted by Highways and Transportation to gather views from a range of residents in relation to grounds maintenance and grass cutting across Leeds. Questions were asked about the quality and frequency of services. 542 responses were received. The key areas for consideration from the consultation and the actions taken in preparation for the new contract are as follows:

Summary Response: i Consider clearing of The revised contract will test the market footpaths after work has capability and the impact on affordability of been done and/or collecting collecting grass clippings during the mowing grass clippings. operation. The value of this operation will be assessed during contract evaluation. ii Verges adjacent to rural The grass verges of rural roads have been roads require more reviewed and remapped. The revised contract attention. will include the trimming of a minimum 1m wide verge on all rural roads iii Overall respondents This suggests that respondents recognise the disagreed to an increase in financial implications of improving the service Council Tax to provide an and value for money will continue to be a key enhanced service consideration during the tender process.

The Project Team have considered all the consultation findings and will seek to incorporate as many of them as possible into the procurement process going forward.

5.2 Environment and Neighbourhoods Scrutiny Board

Over recent months the Environment and Neighbourhoods Scrutiny Board have been undertaking a review of the procurement process currently being followed and a report outlining the Board’s recommendations along with the response of the Executive Board Member for Environmental was presented to Executive Board on the 10 th March 2010.

In addition one other common point that has been raised throughout the consultation process has been that of accuracy of mapping of all sites across the city and the approach taken to deal with ‘orphan’ sites - that is to say sites where ownership either within or outside the Council cannot be readily or easily determined. Over the past year or so major improvements have been made to ensure that up to date maps exist for all sites within the scope of the Grounds Maintenance Contract, yet at the same time orphan sites continue to be discovered albeit at a reducing rate. The continuing addition of such sites to the schedule of works within the Grounds Maintenance Contract continues to provide additional financial pressure to the various client services. In the current financial year ‘orphan’ sites identified have added an additional £60k to the contract cost.

The current Grounds Maintenance mapping database has been developed over the life of this contract and now accurately records the areas of land assigned to the individual ALMOs and Highway and Transportation Services that they have authorised to be serviced. Land will only be varied in or out of the contract with the approval of the appropriate client. Current systems allow the contract monitoring team to determine whether any other identified areas of land are in Council or private ownership and will ensure that the mapping database used for the new contract is up to date. Where land is in private ownership every effort is made to identify the owner and encourage them to maintain the land. Where ownership is not clear and maintaining the land is within the public interest the proposed approach is to treat them as orphan sites.

5 Page 255 6.0 PROPOSED CONTRACT STRUCTURE

6.1 As part of the current procurement exercise an option appraisal process was carried out to assess the contract packages available to deliver the grounds maintenance services from March 1 st 2011. Two option appraisal workshops were held, facilitated by the Corporate Risk Management team; representatives from the four main clients were involved in the workshops along with representatives from Parks and Countryside, the procurement unit and Environmental Services.

The options considered were divided into the following broad categories:

(i) Re-tender the grounds maintenance contract dividing it geographically e.g. by ALMO area – this option was judged to create difficulties around increased and more complex contract monitoring and administration and created the potential for differential levels of service in each geographical area; in addition the desire on the part of Highways and Transportation to deliver equal standards city wide would be difficult to achieve; it would be difficult for individual contractors to achieve the economies of scale associated with larger contracts therefore increasing costs overall.

(ii) Re-tender the grounds maintenance contract dividing it by work type e.g. amenity grass, rough cut grass, shrub bed maintenance etc. – this option was judged to create the potential for numerous contractors operating across the city at any one time and would create significant difficulties in monitoring; probably of more importance would be the issue of co-ordination of works within geographical areas so that specific areas such as housing estates were maintained in a logical and efficient way; increased costs were also anticipated due to the loss of economy of scale and also lack of flexibility that a larger and more varied contract package allows.

(iii) Provide the grounds maintenance service in-house – this option was judged to require major changes within Parks and Countryside who are currently focussed on delivering high quality services within formal parks and gardens across the city.

(iv) Provide the grounds maintenance service through a ‘central hub’ contract with several smaller sub-contractors – this was judged to be more difficult to monitor and administer as it would require working with a number of contractors and sub- contractors; contract costs are also likely to be higher due to loss of economy of scale; achieving consistent service standards across the city would also be made much more difficult.

(v) Re-tender the contract city wide covering all aspects of grounds maintenance – this option was judged to be the one that offers the greatest economy of scale and therefore the best value for money; it would allow for more efficient and clearer monitoring due to the ability to work with one contractor rather than many; contract administration would be clearer and simpler; any TUPE issues would be simpler and easier to implement; contract mobilisation would also be easier to achieve.

6.2 The outcome of the workshops was to recommend the procurement of a city wide contract covering all aspects of grounds maintenance being delivered by one contractor across the city. This was felt to represent not only the most cost effective approach to providing grounds maintenance services but also the one that gives the greatest clarity and accountability in terms of performance from a contractor perspective and ease and ability of monitoring from a client/stakeholder perspective.

6.3 Throughout the life of the current contract a small number of Town and Parish Councils have expressed interest in becoming more closely involved in the delivery of grounds maintenance services within their areas. Where requested these local councils have been provided with detailed unit rate cost of work currently undertaken by the current contractors. 6 Page 256 In response to the report to Area Committees (mentioned in para 5.1) and as part of the Environments and Neighbourhoods Scrutiny review this issue has again been raised as to the practicality of allowing separate “parcels” of land to be separately identified that would then give interested Town and Parish Councils the ability to bid to carry out works within their area. As part of the Scrutiny inquiry into Grounds Maintenance held between August and December 2009 all 31 Parish and Town Councils were invited to attend to put forward their views about the future delivery of the grounds maintenance service. Nine Parish Councils responded to the invite and three attended the inquiry meetings.

6.4 Although the initial option appraisal exercise recommended a city wide contract, subsequent consultation with Parish and Town Councils and Area Committees has suggested that Parish and Town Councils should have the opportunity to bid for grounds maintenance work within their areas.

6.5 Advice has been taken from Democratic Services on the ability of Town or Parish Councils to discharge functions on behalf of the City Council. The advice is that this is possible where it provides best value and is practical. Given that advice, three options were considered,

(i) Allocate an annual budget to those Parish and Town Councils that declared an interest to deliver the service themselves. The annual budget would be based on the overall tendered unit rates.

Risks

• The annual budget is based on citywide tendered unit rates that may not be deliverable at a local level. • Parish or Town Council may not be capable of delivering the full range of grounds maintenance services • The service will not be awarded through a competitive process therefore it is difficult to demonstrate value for money • Complicated to monitor and may have additional monitoring costs • TUPE may apply

(ii) Identify parish and Town Council areas as separate parcels of land and through the tendering process invite the local councils to bid for the work through a the competitive process.

Risks

• Parish and Town Councils bidding for small quantities of work against city wide bids • Cost to the local councils of submitting bid • Need to satisfy evaluation criteria i.e. experience, financial standing, and competent staff. Health and Safety, insurance/liability cover, range of machinery • Monitoring is potentially costly and more involved • TUPE may apply

(iii) Deliver the grounds maintenance service to all Parish and Town Council areas through a city wide contract as now, however each local council could have the option to enhance the frequency of services to areas where they feel that there would be tangible benefits e.g. ‘In Bloom’ judging routes. This could be achieved through a menu pricing system at agreed contract rates determined through the competitive process with the citywide contract.

Risks

• The Parish and Town Councils would have to have robust monitoring processes in place to identify quality and service failure issues. • Without the above contract payments may become an issue

7 Page 257 6.6 The Programme Board feels that option (iii) provides a solution that delivers a city wide contract and allows Parish and Town Council involvement in monitoring, delivering quality of service and providing the economies of scale associated with a city wide contract. However, in recognition of the interest shown by some Parish Councils to provide grounds maintenance services within their areas option (ii) is proposed as part of the revised procurement process giving Parish and Town Councils the opportunity to be included in the tendering process. This will be on the basis of delivering the full range of grounds maintenance services within their defined geographic areas.

7 CONTRACT MONITORING AND ADMINISTRATION

7.1 Over the life of the current contract, monitoring and administration arrangements have improved through the commitment of the various clients. The Project Team and Programme Board have agreed that contract monitoring arrangements for the new contract need to build on the work already done to ensure a consistent approach that holds the successful contractor to account and achieves the standards of service that is required. In response to the consultation exercises mentioned in paragraph 5.1 above, there is also a strong desire to look at how key stakeholders such as ALMO/BITMO tenants and representatives from interested Town and Parish Councils can contribute to the contract monitoring and contractor feedback arrangements.

7.2 The proposed contract monitoring arrangements have been agreed by all Clients at the Programme Board and will involve a team approach with all Clients taking part in monitoring to ensure that they can see at first hand the performance levels in their area. In response to experience in the early part of the current contract and following stakeholder feedback the proposed monitoring arrangements will be robust and aimed at holding a future contractor for any areas of under-performance that are identified. Strong client involvement in the monitoring arrangements will also allow direct and un-ambiguous feedback to be given to key groups such as ALMO/BITMO boards.

8.0 CONTRACT DURATION

8.1 The current contract was originally let as a three year contract with the option to extend by an additional three years in one year increments. A soft market testing exercise has recently been undertaken that suggests a longer term contract with the ability to extend again by one year increments provides the potential to receive lower unit cost quotes and therefore better value in the long term. It is recommended that a five year contract package be advertised with the opportunity to extend for a further five years in one year increments. The soft market testing exercise has also revealed a significant level of market interest with a good number of experienced providers who are clearly interested in bidding for the work. This provides re-assurance that a genuine, robust level of market interest exists which will generate real competition and lead to a competitive price being achieved. In the event however that the procurement does not produce bids that are either of sufficient quality or are deemed un-affordable the alternative course of action would be to look to take the work back in house. Discussions have already taken place with Parks and Countryside with regard to doing this should that eventuality arise.

9.0 RECOMMENDATIONS

9.1 Executive Board are asked to note the progress to date with the procurement of a new grounds maintenance contract and to approve the following:

i. The contract administration and monitoring arrangements as set out in the report. ii. That the contract be advertised on the basis of one, single city-wide contract with the option to require a variant bid to allow interested Parish or Town Councils to tender for work within their areas.. iii. That a contract be advertised for five years with the option to extend for up to a further five years.

8 Page 258 iv. That Executive Board agree to extend the contract with Glendale and ATM until 31- 12-2011 subject to the issue of a transparency notice. v. That a contingency sum of £60K in year 1 (financial year 2012/2013), £20K year 2 onwards, be allocated to enable any future orphan sites identified to be properly maintained.

10.0 BACKGROUND PAPERS

10.1 Report to Area Committees

10.2 Leeds Citizens’ Panel - Highways and Transportation Grounds Maintenance Survey

9 Page 259 This page is intentionally left blank

Page 260

GROUNDS MAINTENANCE SPECIFICATION - DRAFT FEBRUARY 2010

1.0 BACKGROUND

1.1 Leeds is one of the fastest growing cities in the United Kingdom, and with a population of 721,000 it is the second largest of any Metropolitan District in England.

1.2 There is a need for high quality horticultural maintenance throughout the City, and expressions of interest are therefore sought from suitably qualified contractors who wish to be considered to undertake the following services.

1.3 The contract will initially be for 5 years, subject to satisfactory performance, with an option for the Council to extend for up to 5 further 12 month periods.

1.4 The Council reserve the right to award the contract in whole to a single contractor or consortium (please refer to the Schedule of Prices).

2.0 GENERAL

2.1 The Contractor is to inspect all sites prior to the commencement of scheduled works in order to determine access and site conditions. Any access or site condition problems that would prevent works to the site should be reported to the Client. Some access to sites across the City are restrictive and the Contractor has responsibility to ensure the size of machine is appropriate.

2.1.1 Where access to a site is prevented, the Client will provide a set of keys or passes at the start of the Contract. Cost of replacement following any subsequent loss of keys or padlocks will be entirely met by the Contractor.

2.1.2 Any obstructions, such as building or road works preventing safe access to the site and therefore preventing contract works should be reported to the Client immediately to assist the monitoring process.

2.2 Prior to scheduled works the contractor will remove and dispose of rubbish including leaves, rubble, litter and wind blown branches and fruits, plus anything else that the Client considers detrimental to the appearance of the site. Litter picking is particularly important as failure to carry out this operation may result in fines being imposed upon Contractor’s operatives by Enforcement Officers.

2.3 The Contractor must take into account that they will be working in public areas, and must work in a professional and safe manner. Consideration must be given to all health and safety issues including speed and the limitations of the site. The contractor must always operate the appropriate equipment and maintain them within the equipment manufacturer’s operating instructions complying to European Guidelines.

2.4 The Contractor may be asked from time to time to vary the frequency of the cutting operation for a variety of reasons, and the Client will give a minimum of

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14 days prior notice for such variations. Such additional work will be carried out by the contractor at standard contract rates. Such variations may be for a variety of reasons, including extreme weather conditions and the staging of community events.

2.5 The Contractor must maintain the grass and any other growth around street furniture and any other obstacles cutting to the same height as the surrounding grass. All damage caused during this operation will be made good, at the contractor’s cost. No margins are to be left unmown so that encroachment of scrub from adjacent fields does not occur.

2.6 Any damage to grates, inspection covers, manholes etc must be reported to the Client as soon as possible. Where damage is the result of the contractor’s operations, then the initial investigatory action and including health & safety work must commence within 2 working days. All remedial action must be complete within 14 calendar days following the date of the incident.

2.7 Where cutting operations are hampered by self seeded or epicormic growth or low hanging branches, this must be reported to the Client.

2.8 Growth retardants and herbicides must not be applied to vegetation areas unless instructed by the Client.

2.9 Areas of vegetation must be cut using machines approved by the Client, correctly adjusted and fitted with sharp cutter blades set to cut the grass cleanly and evenly, in order to ensure that a high standard of finish is always achieved during the cutting season.

2.10 The filling of the mower with fuel and oil must be carried out off grass areas with due regard to the requirements of Environmental Protection Legislation, avoiding Contamination of Land & Water Courses.

2.11 Hedges, shrubs and rose beds will be pruned using the appropriate equipment at the appropriate time of year according to the genus and variety of plant. The pruning operation will include the removal of dead, dying or diseased branches etc. Attention will be given to the size, form and shape of the growth and the purpose for which it has been planted. Growth will be tightly clipped in order to give an attractive shape to give visual interest to the bed. Each horticultural crew must contain a staff member with appropriate qualifications and/or experience of this type of work, to a minimum of NVQ Level 2 in Amenity Horticulture.

2.12 Certain areas of grass, which may be amenity or other categories, may fall into Yorkshire or Britain in Bloom judging areas. Leeds City Council regards the “In Bloom” competitions throughout the City as being highly prestigious; therefore the quality and timing of cuts are of paramount importance in order to achieve an exceptionally high standard of finish throughout the season. The frequency of cuts will be determined by the Client to reflect the appropriate “In Bloom” judging calendar. The contractor will be expected to mobilise at short notice in

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the provision of services in this regard, and will be notified of appropriate judging dates and routes as soon as available.

The contractor will be expected to work closely and have regular consultation with the In Bloom committees. It is expected that each In Bloom route will receive at least 2 cuts prior to the first judging date. The dates to be advised by the Client.

2.13 The contractor will ensure that litter picking and cutting will take place in the same working day.

2.14 The contractor will comply with all relevant environmental protection legislation. Particular attention is drawn to the protection of nesting birds, (The Nesting Birds Act, 1981). Any work that can not be done due to these factors must be reported to the Client on the same working day.

2.15 Adverse / Exceptional Weather

Cutting frequency will be scheduled in advance, but will be governed by the growing season and the weather.

During periods when ground conditions are wet so as to prevent grass cutting occurring without causing damage to the surface or levels of the ground, or producing divots, the service provider shall cease his grass cutting operations, notifying the client representative immediately of its actions.

Once weather conditions have improved, cutting will recommence from where it was suspended. A cut will not be considered to be complete until all areas are cut within that current cut cycle.

The next cut cycle will not commence until the previous cut has finished in it’s entirety.

Mowing shall not be carried out when frost/snow is on the grass.

2.16 Slopes and Bankings

It is the Contractor’s responsibility to cut in there entirety using the appropriate equipment and procedure, all slopes and bankings mapped within the contract. The contractor must be aware and make arrangements to cut all bankings in a manner that complies with relevant Health and Safety regulations to the same appropriate standard.

2.17 Variations and Mapping

New variation orders will be produced for addition or removal of sites in whole or part, periodically. Site details will be provided and accompanied with a map. In the event of newly identified additions, the contractor will inspect and agree terms with the Client for reinstatement works where necessary, within ten working days. Thereafter the site will be maintained at contract rate.

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Data will be provided in a relevant format at the start of the Contract. The Contractor is responsible for the management of mapping data thereafter, including any necessary software or hardware updates.

Any reinstatement works arising from failure to maintain contracted assets will will not attract any additional funding. The Contractor will be expected to maintain at their own cost.

Needs to be quality checked periodically and any discrepancies on the contractors database / maps should be reported to the Client immediately.

3.0 AMENITY GRASS SERVICE STANDARD

3.1 The grass in these areas will be maintained to a high standard of appearance at all times. Litter and debris will be removed prior to each cut.

3.2 Where bulbs are growing in parts of grass areas subject to regular mowing, only those parts containing bulbs should be left unmown to avoid damage to bulb shoots in the early part of each year. The first cut should only take place when the bulbs have commenced die back, and the cutting regime must revert afterwards to the management appropriate to the surrounding regularly mown areas. All arisings must be collected and removed from the whole plot to the contractors tip after this first cut.

3.3 Grass cutting will be carried out at regular intervals during the main growing season as detailed in the operational profile. The grass will be cut back to 25 mm on each cutting occasion. The edge of the grassed area will be cut back using appropriate equipment at the time of mowing and all arisings will be left evenly distributed across the plot. All grass clippings resulting from operations falling on paths and other hard surfaces including driveways, are to be dispersed back on to the grassed area . In particular, grass arisings must not be blown onto the carriageway and no build up of grass arisings or clumps on surface or surrounding area.

3.4 Grass Arisings – the Council reserves the right to include/exclude this part of the specification as part of the appropriate price schedule.

Mowers shall be adjusted so that ‘scalping’ does not take place.

No build up of grass arisings or clumps on surface or surrounding area.

Cost to include disposal of cuttings for composting or other legal means. No cuttings left at location following grass cutting.

3.5 Re-seeding

The service provider shall re-seed any bare patches in grassed areas with a low maintenance ryegrass – free seed mixture. This will be carried out in line with standard monitoring arrangements.

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4.0 ROUGH GRASS – LINEAR SERVICE STANDARD

4.1 Grass in these areas will typically be in rural areas and alongside lanes and roads. It is to be cut three times a year to a height of 100 mm and a width of 1.2 metres.

4.2 Grass cutting will be carried out between May and November, and no arisings to be left on site unless authorised by the Client. The first cut will start at the beginning of May, second cut in July, and the third cut to start in the second week of October. Each cut should not to take longer than 3 weeks.

5.0 ROUGH GRASS – AREA SERVICE STANDARD

5.1 Grass in these areas will typically be in urban locations. It is to be cut twice a year to a height of 100 mm. Litter and debris will be removed prior to each cut.

5.2 Grass cutting will be carried out between June and September, and arisings to be left on site unless authorised by the Client.

6.0 PRIMARY NETWORKS SERVICE STANDARD

6.1 Grass in these areas will be cut between March and October to a height of 100mm. Litter and debris will be removed prior to each cut.

6.2 Grass cutting will be carried out on four occasions between March and October. The grass is to be cut back to a height of 100 mm, arisings to be left on site, unless otherwise notified by the Client. Further cuts may be required along certain routes throughout the growing season. Approval for this work must be sought from the Client, and such additional work will be carried out by the contractor at standard contract rates. 6.3 Grass in these areas will typically be on the verges or central reservations of dual carriageways and other high speed roads, and it is therefore essential that the contractor works within the guidelines set out within Chapter 8 of the Traffic Signs Manual. The team leader must hold as a minimum a valid Lantra 12d accreditation where Traffic management is necessary, and a team member must also hold the Lantra 12b accreditation or equivalent, and abide by other appropriate regulations when cutting works are in progress . It is essential that during such works the Contractor must liaise with relevant Highways Network Management officers as some sites may need to be completed outside of normal working hours. Sunday or Night time work may be required .

7.0 SIGHT LINE GRASS SERVICE STANDARD

7.1 The grass areas adjacent to road junctions or other specified areas will be cut to ensure that sight lines are clear of obstructions. The grass will be cut during the main growing season. Litter and debris will be removed on the same working day prior to each cut.

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7.2 The grass is to be cut back to a height of 100 mm. The sight lines are to be cut back in such a way so it does not provide any obstruction to drivers of motor vehicles up to 240 metres either side of the junction. Width of cut to be a minimum of 2.4 metres, or width of plot. The contractor will clear back vegetation including grass and self seeding growth along the back line (walls, and fences) as required.

7.3 Some sight lines may be required to be cut back further in the interests of Health and Safety. These areas will be identified and highlighted to the contractor, and are to be charged at the contract rate.

7.4 The sight lines will be cut 4 times in the year during May and September. Further cuts may be required along certain routes throughout the growing season.

7.5 These areas will be identified and highlighted to the contractor, and are to be charged at the contract rate.

8.0 HEDGES SERVICE STANDARD

Any vegetation originally planted to provide a noise attenuation or to protect against banking or soil erosion, will be deemed under the contract as a hedge and maintained as such. For any clarification on individual sites, the Contractor is expected to contact the Client. Please refer back to General 2.12 & 2.15.

8.1 All Hedges within the mapping system will be maintained to ensure that any seasonal growth does not encroach on the highway or impede access. The use of growth retardants will not be permitted, and contractors MUST demonstrate compliance with relevant legislation regarding the protection of nesting birds.

8.2 Hedge height and width will be maintained to the evident previous cut line as per diagram representation (Figure H1, H2 and H3), see appendix using appropriate equipment, giving due regard to species and planting purposes. Should the cut line not be clear this should be raised with the Client for clarification.

8.3 Hedges will be cut twice a year in March and September, with the exception of Privet hedges, which will be cut in March, August and November. Further cuts may be required throughout the growing season, approval must be sought via the Client a cost estimate produced so that funds can be made available.

8.4 Rubbish, litter and any other material, including hedge clippings, in and immediately around the hedge, must be removed and disposed of to the contractors tip upon completion of works.

8.5 All operations relating to hedge cutting within the asset will be completed within the same day.

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8.6 From time to time the Client may give instructions for mixed species hedges to be cut between April and July. In such circumstances the contractor must carry out the necessary risk assessment to ensure compliance with the relevant environmental protection legislation, and report back to the Client where such an instruction cannot be followed.

9.0 SELF SOWN BUSHES AND TREES

9.1 The Contractor is required to remove all self sown bushes and trees found on all types of assets.

9.2 Future re-growth to be similarly treated to exhaust the plant.

10.0 SHRUBS AND ROSE BEDS SERVICE STANDARD

10.1 The shrubs and roses will be cut back so that they do not encroach on to adjacent footpaths and roads. The edges to the beds will be trimmed so that they do not become intrusive and untidy. Beds shall be kept free of weeds and litter.

10.2 Shrubs and roses planted under windows will be pruned to at least 300mm below the window level to allow in light. Shrubs and roses planted adjacent to other types of obstruction such as air vents, steps, flues and fire doors are to be similarly pruned back.

10.3 All arisings will be collected and taken off site and disposed of to the contractors tip.

10.4 Edging off and soil cultivation will be carried out across the entire bed using appropriate equipment with due regard given to top soil depth and plant roots. Due consideration must be given to under plantings, for example shrubs, bulbs and corms, and any plants loosened during cultivation should be re-firmed into the bed. No ground cover plants are to be damaged during the works. This operation is to be done following each pruning operation. All surfaces to be left virtually weed free at all times with weed growth never in excess of 5% cover of bed and no individual weed in excess of 50 mm in height or spread.

10.5 An appropriate residual herbicide approved by the Client will be applied according to the manufacturers recommendations, by formally qualified staff, to beds on two occasions during the growing season.

10.6 Beds are to be pruned twice per year between October and March, and between April and September. Additional visits may be requested giving a minimum of 14 days notice and these extra visits will be charged at contract rates.

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11.0 CONTRACT MANAGEMENT

11.1 Client Responsibility

The overall responsibility for providing client side contract management and service monitoring lies with the Client, who has a Contract Administrator and a small team of client officers that will be dedicated to the carrying out of this function.

11.2 Contract Performance Monitoring and Inspection

11.2.1 The Client reserves the right to monitor and inspect any work carried out by the Contractor under this contract and request that the Contractor carries out, rectifies or improves any part of the service that is deemed to be unsatisfactory in line with the process outlined below.

a) The individual assets (plots of land to be cut) are identified within the mapping data

b) The cutting of any individual asset needs to be completed within the same working day.

c) A minimum sample size of 10% (of the overall geographical area) will be inspected per cut, per client.

d) Complaints will be monitored and included in the payment mechanism performance framework.

e) The contractor will provide a daily list of assets cut by 9.00am the following day.

f) Client inspection must take place within 2 days of the asset being cut.

g) Client monitoring via inspection of the asset must take place within 2 days of the asset being cut.

h) All failures by the contractor to have completed the cut of any particular asset are to be notified to the contractor by 5.00pm on the day of inspection.

i) Rectification of the failure to complete the cut of a particular asset is to be completed within 2 days of receipt of notification from the client.

j) Failure to complete the cut within the rectification period as set out in the notice will result in payment not being made for the individual asset identified.

k) In addition to the above, all reasonable costs incurred associated with each individual failure whether or not rectified within the period as set out in the notice will be levied against the contractor.

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11.2.2 Variations to Contract

a) Variations both, in and out, need to be agreed between the client and the contractor within 5 working days.

b) All agreed variations need to be included in the next cycle of cuts.

c) all reasonable costs incurred associated with each individual failure whether or not rectified within the period as set out in the notice will be levied against the contractor.

12.3 Meetings

The Contractor and/or its representatives shall meet with the Client’s representatives as follows:

Communication on a daily basis between the Contractor’s supervisors and area supervisors and the Contract Administrator and client officers

Fortnightly meeting between the Client Monitoring Officers and the contractor’s supervisors. This will include the agreement of the contractor’s pending invoice and claim for payment.

Monthly meeting between the Client and Contract administrator and the Contractor’s contract, area management and senior management.

A monthly report should include but not be limited to:

• Work carried out compared to the planned programme • Service failures and action plan to prevent re-occurrence • Work not carried out and reasons why and revised programme • Health & Safety incidences including any near misses • Suggestions for improving the service • Efficiencies • Customer Satisfaction

12.3.5 The Contractor shall prepare, for discussion at the meeting, a half yearly written contract progress report covering progress for both the ALMO and Streetscene content by contract package.

12.3.6 Annual service review meeting between Client, Contract Administrator, and the Contractor’s area, senior management, Almo’s, Highways Services and other key stakeholders.

12.3.7 Schedule of Works – currently known as the Budget Profile and Cut Schedule. Does this need to be revamped – does this need to be in the appendix?

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12.4 Service Improvement Plan

12.4.1 The Contractor(s) shall prepare and present to the Client a Service Improvement Plan (SIP) for consideration and approval, this shall be presented three months before the expiry of the first twelve months of the contract period and then annually thereafter.

12.4.2 The preparation of the annual SIP shall include the results of customer surveys carried out by the Contractor(s) at the beginning of the preparation process.

12.4.4 On approval of a annual SIP presented by the Contractor(s) the two percent withheld as referred to above shall become payable from the date of the Client’s written approval of the Contractor(s) annual SIP and in no event shall it be payable for the period prior to such approval.

12.4.5 Assessment of Performance

During the period of the contract the performance of the contractor will be monitored and assessed.

The contractor will attend such meetings, submit information and provide other input as the Council may reasonably require to assess the contractor’s performance relating to provision of the service.

The Council will regularly assess best practice for various Grounds Maintenance activities by the contractor and others. From this information, benchmarks will be established and the contractor’s performance will be assessed against these. Through this mechanism it is intended to further promote continuous Improvement in performance.

Summary of key Performance indicators and Performance indicators

Performance is measured using the Construction Industry Key Performance Indicators, published annually by the DTI. Initially, the following KPI’s will be measured:

• Client Satisfaction – Value for Money • Client Satisfaction – Service • Customer Satisfaction • Safety • Environmental Impact • Respect for People – Equality and Diversity

12.5 Tenant and Community Involvement

12.5.1 The Contractor will be required to provide upon request, contract progress reports to certain tenant/community groups.

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12.5.2 The Contractor will be required to work with diverse communities which have language, disability or vulnerability needs and include race, gender, religion and faith, sexual orientation, age and disabilities.

12.5.3 The Contractor will be required to participate in the implementation of various questionnaires which identify the needs of our diverse communities.

This enables us to ensure that the services we provide cater for all our communities including access.

12.5.4 By using this information we will enhance our services and relations amongst the communities we work with.

12.6 Highways Services/Arms Length Management Organisations (ALMOs)

12.6.1 In addition to the communication and meetings with the lead client, the Contractor maybe requested from time to time to attend other community groups such Area Management Teams, area community and interest groups. From a Council area management perspective there are five management wedges.

12.6.2 The Contractor will be required to provide an half yearly written contract progress report to each of the Area Management teams. These reports will be the same as those presented at the monthly meetings with the Client.

13.0 EQUALITY AND DIVERSITY

The contractor must comply with current legislation, including the following:

• Equal Pay Act, 1970 • Sex Discrimination Act 1975 • Race Relations Act 1976 • Disability Act 1975 • Race Relations (Amendment) Act, 2000 • Employment Equality (Sexual Orientation) Regulations , 2003 • Employment Equality (Religion or Belief) Regulations, 2003

13.1 We will expect contractors and their staff to undertake joint training sessions on equality and diversity, also customer care.

We will expect contractors and staff to undertake briefing sessions on how to use our translation and interpretation services.

13.2 We will expect our Contractors to involve their staff and sub contractors (if used) in joint training sessions and encourage employment and training opportunities amongst diverse communities.

13.3 We will expect contractors and staff to monitor their staff using the equality standards.

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13.4 We will expect Contractors and their staff to address any under-representation of communities within their recruitment practices.

13.5 We will expect Contractors and staff to work within reasonable working times (to be decided), and also to take into account working on Religious Festival days.

13.6 We will request from Contractors an Equal Opportunities Policy which will include employment training.

13.7 We will expect Contractors to include equality monitoring when implementing surveys.

13.8 We expect Contractors to use the monitoring/consultation and complaints feedback to identify any service improvements for our diverse communities. This relates to 12.4 SIP.

14.0 HEALTH & SAFETY

14.1 It is incumbent upon the Contractor to carry out and implement all appropriate risk assessments to ensure contingency measures are in place. In particular attention is drawn to areas adjacent to roads which may require adherence to Chapter 8 of Traffic Signs Manual and to areas having slopes or bankings.

Further Health and Safety information requested for Ian Cawthorne.

14.2 Risk Assessments to be made available upon request to the Client.

The contract is to develop and maintain a risk register as required under the terms of the contract. The risk register will be developed in the mobilisation phased and reviewed regularly (timings to be agreed).

15.0 COMMUNICATION AND CONSULTATION

15.1 We will expect our contractors to work in partnership with us to implement specific initiatives to reach different diverse communities.

15.2 We will expect our contractors to consult and involve our diverse communities when we review our services.

15.3 We will expect our Contractors to work in partnership with us to provide Information to our customers using the appropriate formats (relates to 12.5).

12 Page 272 Agenda Item 25 Originator: Susan Upton ( x 43231) Liz Behrens (x75980)

Report of the Director of Environment and Neighbourhoods

Executive Board

Date: 22nd June 2010

Subject: Strategic Review of Household Waste Sorting Sites and Bring Sites

Electoral Wards Affected: Specific Implications For:

All Wards (as this is a city wide strategy), Equality and Diversity Horsforth, Garforth and Swillington Wards, Temple Newsam, Rothwell, Calverley and Community Cohesion Farsley, Kippax and Methley are specifically affected Narrowing the Gap X Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In X (Details contained in the report)

EXECUTIVE SUMMARY

Leeds CC currently operates with ten (10) Household Waste Sort Sites (HWSS) and one smaller “zero waste“site for the receipt of a limited number of recyclable items. Located on sites with long standing waste disposal use, seven (7) sites have been significantly redeveloped: the East Leeds HWSS is be developed during 2010, and the Gamblethorpe HWSS is programmed to close upon the expiry of a temporary planning extension.

The HWSS infrastructure provides a significant contribution, (13.8% points) to the overall recycling rate of the city, (30.4%, 2008/09). Leeds CC also operates over 400 bring sites for glass and other recyclables that contributes 2.7% points to the overall recycling rate.

Reviewing population densities and site operational capacities, the current sites provide a broad spatial infrastructure and the accessibility for Leeds residents to recycle but generally are neither working to capacity or consistently maximising recycling performance and diversion of waste from landfill.

Although there are differences in the operating cost/ tonne of each site, overall the total cost of provision of these sites compares favourably with other authorities. The report, however, concludes that there is no justification to maintain the Calverley Bridge zero waste site, as the costs are disproportionately high, given that there are alternative HWSS within a 10 min drive time.

The report recommends that the current free access for residents from neighbouring authorities, be maintained; on the proviso that protocols and procedures to account for the shared provision of facilities, on a site by site basis, are developed. Page 273

The report concludes that a revised site search be carried-out during the interim period before East Leeds reopens and Gamblethorpe closes to determine if there are any other replacement site options available and that the current on-going discussions both with North Yorkshire and Wakefield are completed and then formalised as necessary to ensure continuity in provision of any replacement site or arrangements. On this basis the preferred option is to work with neighbouring authorities and so provide flexibility for residents to use current and potential new border sites and for Leeds to contribute their share of the cost of operation of such sites as appropriate. It is noted that savings from this preferred approach can then be used to contribute to the refurbishment of the Kirkstall Road facility.

HWSS currently achieve between 50 to 70% recycling of waste delivered to sites. To maximise performance and deliver a consistently high performance across all sites, the operational practices are to be reviewed further, and be the subject of a future report.

Considering the complementary bring site infrastructure, the report highlights that a site can be accessed within a 1000m radius currently and details a Value For Money exercise showing the favourability of this approach.

1.0 Purpose Of This Report

1.1. The purpose of this report is to provide information on the current provision and performance of Household Waste Sorting (HWSS) and Bring Sites, discussing issues influencing their use and effectiveness in order to recommend options for spatial policy and joint working with neighbouring authorities. The report details the need for further work to maximise consistently high recycling performance and diversion of waste from landfill.

2.0 Background Information

2.1 In October 2006, Executive Board adopted the Integrated Waste Strategy for Leeds 2005-2035. In September 2007, Executive Board approved updates to the Integrated Waste Strategy to address the statutory recycling targets set out within DEFRA’s Waste Strategy for England 2007 and to reflect the Council’s commitment to achieving a combined recycling and composting rate in excess of 50% of household waste.

2.2 The emerging Leeds’ Local Development Framework, which includes the Core Strategy, will set out the overarching strategic policies for planning and development in Leeds and the Natural Resources and Waste Development Plan Document, will contain spatial waste planning policies for the District. The Yorkshire and Humber Plan, provides the overarching strategy for planning in the region up to 2026.

2.3 Existing Provision: Household Waste Sites

2.3.1 There are currently 10 household waste sorting sites (HWSS) and 1 zero waste site, for the receipt of a limited number of recyclable items, situated across Leeds. The map at Appendix 1 shows the location of these existing sites.

2.3.2 In 2001 Local Public Service Agreement (LPSA) funding was obtained and an extensive redevelopment programme was embarked upon which now sees 7 of the existing sites enhanced with new access layout, split level reception bays, recycling opportunities for numerous materials, WRAP’s national signage, new staff amenity facilities and information points for customers. Table 1 below provides details of the HWSS status and recycling performance (2008/09). Overall the existing 11 sites contributed 13.8% points towards the overall recycling and composting performance of 30.4% in 2008/09.

Page 274 2.3.3 The eighth site to be redeveloped will be East Leeds. The sites which currently remain undeveloped are Kirkstall Road and Gamblethorpe.

Table 1 Household Waste Sort Site status and recycling performance

HWSS 2008/09 2008/09 Site Performance Status Recycling Tonnes

Band rate % processed

Thorp Arch Ø 70% Redeveloped 70.43 4774

Kirkstall Rd 65 to 70% Undeveloped 68.4* 2668

Ellar Ghyll Redeveloped 64.86 4776

Meanwood Redeveloped 61.69 9616 Road 60 to 65% Holmewell Rd Redeveloped 61.57 10302

Milners Rd Redeveloped 61.51 7487

Gamblethorpe Undeveloped 58.51 8079

Pudsey Redeveloped 56.6 8582 55 to 60% Planned redevelopment East Leeds for completion spring 55.6 6975 2011 Stanley Rd <55% Redeveloped 49.18 8397

Calverley Zero Waste Undeveloped 99.29 1491 Bridge

* This figure may be inaccurate due to inconsistent allocation of materials on IWS between the HWSS and TLS

2.4 Existing Provision: Bring Sites

2.4.1 Leeds currently has the largest local authority network of what is termed ‘Bring Sites’ in the UK with over 440 sites. Small sites may for example have one bank for mixed glass with larger supermarket based sites having facilities for numerous recycling materials. Sites are signed and branded using WRAP iconography to ensure they are complementary and consistent with HWSS and kerbside recycling schemes.

2.4.2 Bring Sites contributed 2.7% points to the overall recycling rate in 2008/09. Significantly these sites provide a network for the collection of glass which is not currently accepted through the Councils existing kerbside recycling scheme. In addition to glass, work at maximising capture of other materials is being developed including addition of textile and small WEEE (Waste electrical and electronic equipment) collection points. This ensures that residents have various options to recycle which are adaptable to their lifestyle.

3.0 Main Issues

3.1 HWSS Capacity Requirements

3.1.1 In 2007/08 the 11 HWSS sites handled 75,200 tonnes of recyclable and residual waste and 73,133 tonnes during 2008/09.

3.1.2 Table 2 below details the current waste through puts at the existing sites and their licensed capacities taken from their Operating Permits. These permitted quantities are

Page 275 not indicative of the actual capacity that a site could handle but are within a preset banding level for sites of their size.

3.1.3 Based on the best information available the estimated maximum working capacities of each existing site are shown in the table below, with a maximum threshold set at 15,000 tonnes. National guidance recommends that urban authorities should aim for a level of provision that should, on average, achieve throughputs of less than 17,250 tonnes per site.

3.1.4 The overall working capacity totalling an estimated 101,000 tonnes/annum compares favourably with the modelled processing capacity for 90,386 tonnes that will be required by 2026, as determined by waste flow modelling linked to the residual waste treatment PFI project. It should be noted that Gamblethorpe’s capacity has not been taken account of as it is due to close in September 2010 and cannot form part of the longer term strategy for provision of HWSS in Leeds.

3.1.5 Table 2 below also indicates how sites are currently under-utilised for Leeds households within a 10 minute drive time radius of sites. Spatial policy and the impact of potential future housing growth are discussed later in the report.

Table 2 HWSS Capacities Spare Estimated Capacity Site Maximum Households Based Licensed 2008/09 Area Working Within On Site Name Capacity Tonnes (Ha) Capacity 10 min Current (tonnes) processed (tonnes)( 1) Drive Time Use (%) (4)

Thorp Arch 24999 0.5 4774 12000 2,483 60%

Kirkstall Road 7499 0.2 2668 4000 98,021 33%

Ellar Ghyll 24999 0.4 4776 6000 26,238 20%

Meanwood 15000 0.5 10000 85,143 4% Road 9616 Holmewell 24999 0.6 10302 12000 34,931 14% Road Milners’ Road 24999 1.0 7487 15000 19,382 50%

Gamblethorpe (2) 0 0.3 8079 35,852

Grangefield 24999 0.5 8582 10000 61,947 14% Road East Leeds (3) 10000 1.0 6975 15000 59,289 54%

Stanley Road 24999 0.6 15000 115,058 44% 8397 Calverley 7499 0.3 1491 2000 62,643 23% Bridge Total 73,147 189,992 101,000

(1)Potential Capacity: Estimated based on two samples of waste tonnage taken from Meanwood Road over 2 separate weekends. The average tonnage was 50 tonnes. Meanwood has 9 bays so potentially could handle 5.5 tonnes per bay per day. 5 tonnes per bay used for all sites based on the No. of bays. Meanwood used for estimate as is one of the busiest sites and is potentially working close to capacity particularly at weekends. This estimate has been further reduced by 50% to allow for the assumptions made, unless current throughput exceeded. Overall estimated maximum capacity limited to 15,000 tonnes (2)Gamblethorpe will close Sept 2010 planning condition (3)East Leeds site to be developed 2010. (4) Spare capacity based on current tonnage captured per household within 10 minute drive

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3.2 Maximising Potential of redeveloped sites

3.2.1 Referring to information in previous tables there is a need to assess how to develop use of the sites to maximise their potential. Stanley Road and Milners’ Road have the largest site areas and number of container bays but conversely do not have the greatest throughput or recycling performance. Milners’ Road is not reaching its potential and although there are current issues regarding noise and the use of the site compaction machine ( that are in the process of being addressed ) this should not impact on the number of customers attempting to use the site. Therefore understanding the demographic profile of households living within the catchment areas of sites may also suggest the best method of engagement to maximise the potential of all redeveloped sites.

Table 3 HWSS performance, operating costs/ tonne and potential savings from diverting additional waste from landfill

Potential FUTURE Site saving by Operating HWSS 2008/09 2008/09 achieving Site Cost per Performance Recycling Tonnes 70% Tonne Band rate % Processed recycling (£) rate

(£000)

Thorp Arch Ø 70% 70.43 4761 54.84 n/a

Kirkstall Rd 65 to 70% 68.4 2668 111.48** (2)

Ellar Ghyll 64.86 4776 61.35 (10)

Meanwood 61.69 9612 29.51 (34) Road 60 to 65% Holmewell Rd 61.57 10319 29.24 (35)

Milners Rd 61.51 7486 38.70 (25)

Gamblethorpe 58.51 8077 48.20 (37)

Pudsey 55 to 60% 56.6 8573 31.87 (48)

East Leeds 55.6 6974 69.59 (45)

Stanley Rd <55% 49.18 8398 34.20 (79)

Calverley Zero Waste 99.29 1489 142.06 n/a Bridge *Operating costs based on direct cost (No central charges)) Note: Potential savings need to be assessed against future changes if staff costs resulting from review of management and operational practices. **This is currently show as disproportionately high as it also includes Transfer station costs

3.2.2 Ensuring maximum usage of each site needs to be explored further taking detailed account of the operating cost per tonne for each site and the potential cost savings from diverting additional waste from landfill. Table 3 above provides a comparison of each sites operating costs per tonne of waste processed. It also indicates the potential financial savings that could be achieved if recycling and composting levels could reach 70%. The saving calculated reflects anticipated landfill tax and gate fee savings, offset by the relevant changes in recycling processing costs. It must, however, be noted that the achievement of the 70% recycling rate is aspirational and would require changes in operational and management practices as well as cultural change. The required Page 277 operational and staffing review to embed this change will be subject to a separate future report.

3.2.3 Leeds’ cost per tonne for HWSS operations (£46 per tonne) compare favourably with other local authorities operating similar sites operated both by in-house and outsourced arrangements. Cost range from £29 per tonne for Bristol to £57 for Lincolnshire.

3.2.4 Well utilised sites for example Meanwood Road, Holmewell Road and Pudsey have the lowest costs per tonne, on average £29 per tonne. Sites such as Thorp Arch which has an excellent recycling rate, but not the level of throughput which urban sites have, in comparison costs £54 per tonne. This again demonstrates the need to ensure site capacity is maximised.

3.3 Site Specific Issues in relation to currently undeveloped HWSS

3.3.1 Calverley Bridge

a) Calverley Bridge is located just off the A6120 Leeds outer ring road between the Leeds and Liverpool canal and river Aire. The site occupies a very small parcel of land which was the former location of a pulverisation and incineration plant operated by Pudsey urban district council. Access to the site is directly from the ring road onto Calverley lane. This is an extremely busy road and customers and contractors servicing the site have difficulty turning in and out of the site. During peak times traffic can sometimes queue back onto the ring road itself causing traffic problems.

b) Due to the site size and location it was not been deemed suitable for refurbishment in line with the Councils other HWSS. The site has however been trialled as a zero waste site, offering a range of recycling opportunities for customers. The site does not accept general waste. If customers wish to dispose of any waste they are redirected to either Pudsey or Milners’ Road HWSS’s, which are both within 3 miles of the site.

c) In terms of tonnage Calverley handles the smallest amount of materials of any of the sites. During 2008/09 its throughput was 1489 tonnes. The site has a small rol-pak in operation and operates utilising 2 full time attendants. Cost of operating the site during 2008/09 was approx £150K.

d) Strategically the site is located in very close proximity to Milners’ Road and Pudsey HWSS’s. Drive time plans indicate that these two sites are located such that they could adequately provide an alternative recycling and disposal point for residents currently using Calverley Bridge, with the majority of households within this area being able to reach one of the two sites within a 15 minute drive time or less which is acceptable.

e) If we compare the cost per tonne for waste processed through these sites at 3.2.1 above it can be seen that Calverley Bridge’s processing costs are significantly higher than either Milners’ Road or Pudsey’s.

f) Considering the above, it is proposed to close this facility. Local Ward Members for the site have been consulted on this proposal and have requested that residents in the area do have kerbside recycling prior to the closure of the site. This is being actioned through the Recycling Improvement Plan previously presented to Executive Board and is linked to the Street Scene Change programme. Regular updates are to be provided to the Ward Members.

3.3.2 East Leeds

a) East Leeds HWSS is currently programmed for redevelopment. Demolition of the former transfer station which jointly occupied the site has already been completed. A planning Page 278 application has been submitted and subject to consent, it is expected that the site will close late October 2010 and reopen at the latest August 2011.

b) This site refurbishment will be the biggest undertaken to date and will provide opportunities for SME businesses to recycle their waste in addition to public access for household waste.

c) A further enhancement to this scheme is the construction of a purpose built re-use shop within the HWSS boundary which will be operated by the Community and Voluntary Sector.

d) The redevelopment programme for the site is strategically linked to the closure of the Gamblethorpe site, as detailed in 3.3.3 below. East Leeds has been identified as being the main alternative site, for customers who currently favour using Gamblethorpe, pending consideration of longer term options including joint working with neighbouring authorities.

3.3.3 Gamblethorpe

a) The Gamblethorpe HWSS was developed within the footprint of the former landfill in greenbelt. It has been the subject of three temporary extensions on the basis of special circumstances.is currently programmed to close on the expiry of the current temporary planning extension.

b) An extensive site selection study, based on local authority owned land, was undertaken in 2006/7. This included land at: a. Ash Lane Garforth b. Bell Hill, Stourton c. Land adjacent to Railway, Peckfield/Micklefield d. Barrowby Lane e. Land north of Pontefract Rd, south of railway and west of M1 (Aire Valley) f. Former wholesale markets between Newmarket Approach and Newmarket Lane

None of these sites were found at the time to be in a position which was deliverable . c) Leeds planning cannot support a permanent site at the existing location as it contravenes current planning guidance in terms of permanent development in greenbelt. Ward Members for the Gamblethorpe area, together with Ward Members of adjacent wards where constituents use the sites, have been consulted. Members have expressed concern at the closure of the site and have requested that officers seek to further defer compliance with Planning directives and seek an alternative site. £1.05m is currently set aside to develop new provision.

d) The following three actions are therefore proposed:

(i) That closure of Gamblethorpe is delayed until the East Leeds site has been fully refurbished, in order to ensure that the residents in the East and South East of the city are not disadvantaged. The redeveloped East Leeds site has significant space capacity and lies within a twenty minute drive time of the majority of people who currently use Gamblethorpe.

(ii) In order to provide further alternatives for residents in the South East of the city, the Council will work in the intervening period to secure free access to sites in neighbouring Tadcaster and Castleford, based on reciprocal arrangements with North Yorkshire and Wakefield.

Page 279 (iii) In the event that cross boundary agreement cannot be reached, Officers will resume the search for an alternative site within the Leeds boundary during the period before Gamblethorpe closes.

e) The development of a site, in the event that a suitable site could be identified, would incur significant costs, with further expenditure required if land was required to be purchased. On this basis the preferred option is to work with neighbouring authorities and so provide flexibility for residents to use current and potential new border sites and for Leeds to contribute their share of the cost of operation of such sites as appropriate. By taking this proposed course, the Council can meet the needs of those currently using the service, whilst releasing £1m for the much needed refurbishment of the Kirkstall site. The revenue saving of £300k will also be asked to expand the city councils recycling strategy.

f) It is recommended that the Executive Board supports the above proposals.

g) It was acknowledged that a detailed communications plan was required to explain the benefits of residents using alternative redeveloped sites, detailed in 2.3.2, and to advise residents on the location of such sites prior to closure/ redevelopment of the Gamblethorpe and East Leeds HWSS.

h) Members also expressed the desire to re-profile and extend the opening hours of redeveloped sites such that they became both more in-tune with the public demand to visit sites especially during the summer months. This is to be the subject of a future report to Executive Board.

3.3.4 Kirkstall Road

a) Kirkstall Road HWSS occupies a small area of land, less than 0.2ha, within the footprint of the fire damaged transfer station. No redevelopment work or enhancements have ever been undertaken at the site. The strategic review demonstrates the need for a HWSS at this location and so it is proposed that a new HWSS will be developed within the curtilage of the existing transfer station of a similar size and design to the new facility at East Leeds. As part of the redevelopment, to include the removal of the present fire damaged structures, the remainder of the site will be used to provide a modern transfer facility to deal with the current range of materials that are dealt with at the site.

3.4 Cross Border Use

3.4.1 Across West Yorkshire all Leeds’ neighbouring authorities operate HWSS of their own. The distribution of the sites across the County is largely historic and as such pays no real heed to individual local authority boundaries. As a result in certain locations residents from neighbouring authorities find it easier to cross borders to try and access sites rather than to visit sites within their own local authority area. From a customer perspective this is understandable and should be seen as the ideal in terms of providing the best and most convenient customer service.

3.4.2 In recent years a number of other authorities have decided to introduce various controls for example residents permits or van bans such that waste deposited at HWSS is to a greater or lesser extent derived solely from that own authority’s area. As a result of this approach a situation has developed where some authorities are net importers of waste and others are net exporters. Results from 3 customer surveys undertaken indicate that Leeds is a net importer.

3.4.3 The significance of this position has obviously increased in recent years as all local authorities are charged with not only reducing and recycling as much waste as possible but are also engaged in procurement exercise for residual waste treatment facilities where predicting accurate future waste arisings is a fundamental part of that work. Page 280

3.4.4 Leeds’ view is that ideally HWSS should be made available to residents without restriction so that they are most easily able to access sites closest to them; this should be regardless of whether their nearest site is in another authority’s area.

3.4.5 As part of joint working with the West Yorkshire Authorities through the Association of West Yorkshire Authorities a number of options were proposed and all authorities asked for their views. Leeds’ firm view being that free cross border use was the ideal position. This however was not the view put forward by the other authorities.

3.4.6 In order to try and move this issue forward Leeds agreed to undertake an independent survey of their HWSS located in border areas. Leeds commissioned Enventure Consultancy Limited to undertake this survey with the objective of ascertaining:

• The extent to which people who live within local authority areas use Leeds City Council’s HWSS • Why customers use these sites? • If influxes of customers from neighbouring authorities occur on particular days

3.4.7 The survey was carried out at 5 sites over 7 consecutive days from 25 May until 31 May 2009. 1193 customers were interviewed. In brief the main conclusions from the report were:

• Customers use sites which are the closest to where they live. • The majority of customers (83%) use a car to travel to the sites • Almost half of the material taken to the site is general waste (42%) • The main sites which are used by customers from other Local Authorities are: o Ellar Ghyll (Bradford customers) o Holmewell Road (Wakefield Customers) o Thorp Arch (North Yorkshire Customers)

3.4.8 Bradford and North Yorkshire (NY) operate their sites on the same basis as Leeds at present and customers entering their sites from neighbouring authorities are not challenged. Wakefield District Council however does have a residents permit system in operation which means that no flow of waste from Leeds customers is allowed through their sites. The survey tells us that circa 25% of customers using Holmewell Road are from Wakefield. Based on the current tonnage data or the period Sept 08 to Aug 09 the site handled 10,165 tonnes of waste. Based on the survey results the proportion of waste from Wakefield would be 2,541 tonnes. When considering the strategic provision for Leeds in terms of Holmewell Road and the proportion of customers from Leeds we anticipate it should be capable of serving we would need to consider this flow of waste from Wakefield.

3.4.9 North Yorkshire (NY) have also undertaken customer survey work in collaboration with Leeds in an attempt to judge the level of cross border activity in the Wetherby/Tadcaster area. The survey undertaken in 2007 indicated that approximately 22% of customers using NY’s Tadcaster site were Leeds residents and 9% of Thorp Arch’s customers were from NY. The evidence appeared to show that usage of the Tadcaster site by Leeds residents occurred mostly during their later opening period and by drivers of larger vehicles which potentially may be considered as being commercial in Leeds’ view and restricted to Wednesday and Saturday. It is accepted however by both authorities in this case that import and export occurs in both directions. The Enventure report on Cross Page 281 Border Use indicated that 18% of users of the Thorp Arch site during the survey were from North Yorkshire.

3.4.10 North Yorkshire are currently seeking to secure a new HWSS for their residents in the Sherburn in Elmet area which lies adjacent to Leeds’ eastern boundary. They have indicated that they would welcome further discussions relating to the potential shared use of their new facility and Leeds’ Thorp Arch facility for residents from both authorities. It is thought that when Gamblethorpe closes, then residents in the areas of Garforth, Kippax and Micklefield would probably use this new site as opposed to other alternatives in the Leeds area. Joint working would appear to be of benefit to both authorities as efficiencies could be gained from shared use rather than extensive capital investment by both in such close proximity.

3.4.11 There are various options to address cross border issues including:

• Introduction of residents permit system for Leeds only customers at border sites. • Agreement with Wakefield that they bear a financial burden for their customers use of the Holmewell Road site, or permit reciprocal cross border use for their sites, specifically in the Castleford area (Wakefield have been invited to enter discussions with officer from Leeds to discuss the way forward) • Agreement with North Yorkshire for joint use of Thorp Arch and their new Sherburn facility • Agreement would be need to be reached with regard to cost sharing of the Thorp Arch and Tadcaster sites with colleagues from North Yorkshire.

3.4.12 North Yorkshire currently have an agreement in place with Wakefield which allows their residents to use Wakefield Ferrybridge Site near Castleford. A Memorandum of Understanding exists with in respect of NY’s residents use of the Ferrybridge Site. The site is monitored on a minimum of 4 periods per annum to ascertain use by the two council’s residents. The survey is led by Wakefield but NY are free to monitor. Tonnages are split according to this surveyed split for the following quarter. NY is billed for disposal (including vehicle wear and tear). The Audit Commission and DEFRA have agreed that this arrangement is suitable for the assessment of tonnages for Waste Data Flow.

3.4.13 Following results of the Enventure customer survey Leeds have now approached officers from Wakefield to discuss its’ implications with a view to continuing to allow free access to the site for Wakefield’s residents on the basis that Wakefield make an appropriate financial contribution or of revisiting the possibility of reciprocal cross border use. It was proposed that calculation of the contribution would be on the same basis as outlined at 3.4.12 above. Wakefield are considering the proposal and further meetings are planned with their officers to discuss all the issues.

3.5 Options For Spatial Policy

3.5.1 There are various factors influencing the decision as to where to locate HWSS to ensure adequate provision, these include:

3.5.2 Drive Times a) Available guidance suggests that urban authorities should aim to provide sites which are within a maximum of 20 minutes normal drive time for all their residents. Maximum normal drive times of 10 minutes for most residents are desirable.

b) Mapping the average drive times from Leeds’ 9 HWSS based on an off peak journey time, where Calverley Bridge and Gamblethorpe have been excluded, demonstrates that all residents of Leeds have access to one of the 9 HWSS within a 20 minute drive of their Page 282 home. In fact the majority of the City has reasonable access within a 15 minute drive but there are some gaps to the east of the city in the Garforth and Kippax area.

c) A 10 minute drive time data set shows that most residents living within densely populated areas can reach a HWSS within a 10 minute drive. This accords well with national data and what residents are likely to view as a desirable time to reach a facility.

3.5.3 Sites per head of population and average site tonnages a) In considering the provision of sites in further detail we have also taken into account the number of HWSS provided per inhabitant of the City. This provides an approximate measure of the number of customers using each HWSS and consequently an approximate measure of the amount of waste taken to each site.

Table 4 Sites per head of population

Average Population Current No. Leeds No. inhabitants 2008/9 of HWSS per HWSS 2008 761,000 11 84,555 2026 933,000 10* 93,300 * If Gamblethorpe not replaced total drops to 10 sites.

b) Analysis of national data reveals that the average population per HWSS for English urban authorities is circa 99,300 compared to circa 41,800 for rural authorities.

c) In comparison to other local authorities Leeds currently has a large number of HWSS. Even when considering the closure of Calverley Bridge and Gamblethorpe the nine remaining sites would give provision, currently, for 84K customers per site. Taking account of population growth up to 2026 these existing sites would give provision for 104,000 customers per site.

3.6 Localised Housing Growth

3.6.1 Considering the potential for localised housing growth suggested in the Core Strategy (the principal document in the Local Development Framework), it is viewed that to meet the longer term needs of residents to the east of the A1/ in the Garforth and Kippax area the preferred policy is to progress joint working with North Yorkshire and the resulting flexibility of using cross border sites.

3.7 Bring Sites

3.7.1 It is considered that 1000metres is the potential catchment radius of a bank and the maximum distance a customer should realistically be expected to walk to reach a recycling point.

3.7.2 Larger bring sites, of which there are 26 in Leeds, for example ones located at the White Rose and Asda Owlcoates have a larger potential catchment. These sites are obviously more accessible to car users and as such a 5km (3 miles) is considered the potential catchment zone of these locations.

3.7.3 Information obtained from the Leeds 2008 Compositional Analysis Survey, indicates that the average proportion of glass in the residual waste from residents is as high as 7%. The existing bring banks captured over 8000 tonnes of glass in 2008/09 but there is obviously a significant proportion still being placed in black residual bins by residents.

3.7.4 Current collection and treatment costs for recyclate collected through bring banks is £7.89 per tonne compared with kerbside SORT at £103.42 per tonne. Commingling Page 283 glass within existing SORT collections is not viewed as current best practice and would also significantly add to the processing costs. There are no current proposals to make separate collections of glass from the kerbside, and so it is essential that an adequate network of bring banks are provided for residents to recycle their glass as conveniently as possible. However it is acknowledged that in certain areas the proportion of glass is greater than the average stated in 3.7.3 and that this has the potential to overwhelm a bring infrastructure. These issues will be tackled via the implementation of the Recycling Improvement Plan that was approved by Executive Board in December 2009. The Environment and Neighbourhoods Scrutiny Board are also currently conducting an inquiry into Recycling and are due to make recommendations soon.

4.0 Implications For Council Policy And Governance

4.1 The proposals in this report would reduce the number of HWSS within the Leeds administrative boundary to nine (9) redeveloped sites and formalise a policy of joint working with neighbouring authorities on HWSS provision, subject to a new site search providing a viable land development option within the SE are of the Leeds boundary. This report also looks to endorse that 1000metres is the potential catchment radius of a bring bank and the maximum distance a customer should realistically be expected to walk to reach a recycling point.

5.0 Legal And Resource Implications

5.1 Closure of Calverley Bridge zero waste site

5.1.1 In addition to the financial detail contained in 3.2.1 and 3.3.1, there is also a potential capital receipt from the sale of the Calverley Site on the open market, previous enquiries have been made with regard to potential purchase of the site if it became available.

5.2 Impact of future closure of Gamblethorpe HWSS

5.2.1 Savings from the closure of the site are estimated at around £300k in a full year. The cost of dealing with the tonnage this site currently attracts would need to be quantified once future usage patterns at alternative sites are established.

5.2.2 Land acquisition to develop an alternative facility will not be necessary (subject to the agreed new site search update not identifying any suitable available land;see 3.3.3) resulting in a potential capital saving. The current capital programme includes a sum of £1.050m for the replacement of a site for Gamblethorpe HWSS funded by Leeds own capital resources. It is proposed to utilise this funding to contribute to the costs of the upgrade of Evanston Avenue (Kirkstall Road – see 5.5). However, section 5.5 also shows the additional prudential borrowing contribution required should this proposal not be acceptable.

5.3 Cross Border Use

5.3.1 The potential contribution from Wakefield should they agree to make a financial contribution for their residents use of Holmewell Road is approximately £70,000. This funding could be used to offset any net contributions required to be made by Leeds for joint site (Thorp Arch and Tadcaster) use with NY.

5.3.2 As referred to in para 3.4.9, the potential contribution from NY for using Thorp Arch would be broadly £10,000 (plus share of site costs); whereas Leeds could have to pay an estimated £22,000 for the use of NY’s Tad caster’s site (plus share of site costs).

Page 284 5.3.3 Based on para 3.4.10, assuming 1/3 of the current tonnage from Gamblethorpe taken to a site in Sherburn, then Leeds could have to pay approximately £75,000 to North Yorkshire in disposal costs alone for use of the site.

5.4 Increased Landfill Diversion

5.4.1 Potential savings from increased landfill diversion are discussed in 3.2.1 Table 3. If HWSS recycling rates could be increased to 70% considerable savings could be realised. At landfill tax rates of £48 per tonne, these savings are estimated in the region of £300k.

5.4.2 Options available to facilitate this are currently being evaluated and would be funded from the disposal cost savings accruing from improved recycling performance. This is to be the subject of a future report.

5.5 Kirkstall Road Redevelopment

5.5.1 Following the Executive Board’s approval of the decision to exclude the redevelopment of Kirkstall Road from the Residual Waste Treatment PFI, the costs of redevelopment, discussed at 3.3.4 would now be required to be funded from the Council’s capital programme.

5.5.2 Indicative costs for the site have been sought from the Council’s technical advisors, Jacobs. These suggest that the redevelopment of the site, based on current throughput, would cost around £3.8m.

5.5.3 In 2010/11 an additional DEFRA Waste Infrastructure Grant of £0.5m will be received by the City Council. This funding will be earmarked for the Kirkstall Road site which would reduce the impact on the Council’s capital programme to around £3.26m. If this had to be prudentially borrowed over 25 years, the annual cost to the Waste Management revenue budget would be around £231k.

5.5.4 A business case would need to be prepared to obtain the approval for any new capital scheme that is funded by prudential borrowing. It is anticipated that the savings in this service review as a whole would form the basis of the business case rather than the Kirkstall site alone.

Without With Gamblethorpe Gamblethorpe CAPITAL COSTS Cost (£000) Cost (£000) Redevelop Evanston Avenue 3,756 3,756 Use of 2010/11 DEFRA Grant (0.501) (0.501) Gamblethorpe Capital Funding – Not Required (1.050) TOTAL REQUIREMENT FOR KIRKSTALL 2.205 3.255

Annual Revenue Repayment 156 231

5.5.5 The current operating costs for the Kirkstall Road site are budgeted at around £450k. The staffing and vehicle levels reflect the total throughput at the site of around 26,000 tonnes of variable waste types. These budgeted costs are consistent with the independent figures received from Jacobs of £440k operating costs for a site of this size and waste type. Therefore, other than the additional borrowing costs, there ought to be no significant revenue implications of the redevelopment of the site.

5.6 East Leeds Waste Sort Site

Page 285 5.6.1 With the closure of the East Leeds HWSS for refurbishment in the spring / summer of 2010, savings will accrue in 10/11 and partially into 11/12. However, the current operating budget (staff and vehicles) will need to be retained in its entirety when the site re-opens after redevelopment.

5.6.2 The table below assumes East Leeds closes in October 2010 for redevelopment saving around £125k in 2010/11. The exact date will be dependent upon planning permissions.

5.7 Summary of Financial Issues

5.7.1 The financial implications associated with this report are both immediate and long term. Current estimates are set out in the table below.

5.7.2 It should be noted that the revenue budget for 2010/11 already assumes a total of £250k worth of efficiencies within the Waste Management service. (£150k in the base 09/10 and a further £100k target in 10/11), leaving a longer term indicative saving of £250k.

5.7.3 Even with this target, the longer term financial implications of this Strategic review indicate that savings in excess of this level can be delivered.

5.7.4 It needs to be noted that some of this saving could be required to fund the financial implications of the required staffing and cultural changes required to deliver 70% recycling as referred to in 3.2.1.

Cost Area Immediate (2010/11) Longer Term Indicative £000 Costs /(Savings) 2011/12 + £000 Closure of Calverley Bridge (150) (150) WSS Closure of Gamblethorpe 0 (280) WSS Temporary Closure of East (125) 0 Leeds (October 2010) Kirkstall Road Financing 0 156 Costs (assuming capital contribution as per 5.5.4) Improvement in Recycling 0 (315) rates at WSS to 70% Contribution from Wakefield (70) (70) relating to Holmewell Road WSS Net payment to NY CC re 12 12 Tadcaster / Thorp Arch sites Potential Payment to NY for 38 75 new site at Sherburn (disposal only) TOTAL (289) (572)

6.0 Conclusions

6.1 In conclusion this report provides information on the current provision and performance of Household Waste Sorting (HWSS) and Bring Sites, discusses issues influencing their use and effectiveness in order to recommend options for spatial policy and joint working with neighbouring authorities. The report details the need for further work to maximise consistently high recycling performance and diversion of waste from landfill. Page 286

7.0 Recommendations

7.1 Executive Board is requested to approve:

• The permanent closure of the Calverley Bridge zero waste site. • Maintaining the current free access for residents from neighbouring authorities, to use border HWSS on the proviso that protocols and procedures to account for the shared cost of the provision of facilities, on a site by site basis, are developed and subject to continuous review. • Commend development of joint working with neighbouring authorities North Yorkshire and Wakefield in parallel with the undertaking of a revised replacement site search, to be carried out during the interim period before Gamblethorpe closes upon completion of East Leeds redevelopment. • The redevelopment of the HWSS at Kirkstall Road and modernisation of the existing transfer station by means of an injection of £3.8m into the Capital Programme. A full design and cost report (DCR) and business case will be prepared and brought back to Executive Board for approval when the detailed plans have been fully worked up and costed. At this stage it is proposed to fund the redevelopment of the site using a DEFRA grant (£0.5m) and unsupported borrowing. The borrowing repayments will be funded from savings made as part of the overall HWSS review. The scale of the revenue repayment will be dependant upon the use of the £1.05m currently identified for a replacement site for Gamblethorpe as set out in para. 5.5.4 above. • The further review of operational practices in order to deliver a consistently high performance across all sites and that a further report be submitted. • Maintaining and developing the current complementary bring site infrastructure, whilst continuing to evaluate the effectiveness of bring site provision.

9.0 Background Papers The following papers are available to view: Network Recycling Report, Bristol Report, Acxiom Drive Times 10 Minutes, Acxiom Drive Times 15 Minutes, Acxiom Drive Times 20 Minutes, LDF Core Strategy.

10.0 APPENDICES

Location of HWSS in Leeds and bordering sites in Wakefield and North Yorkshire.

Page 287 This page is intentionally left blank

Page 288 Location of HWSS in Leeds and border sites in Wakefield & North Yorks • THORP ARCH !( ELLAR GHYLL !(

MILNER'S ROAD !(

Page 289 CALVERLEY BRIDGE EAST LEEDS !( !( MEANWOOD ROAD !( STANLEY ROAD PUDSEY GRANGEFIELDEVANSTON AVENUE!( Text !( !(

Text Sherburn in Elmet North Yorks GAMBLETHORPE !(

HOLMEWELL ROAD !(

Text

!(CINDERLANE

Cinder Lane !(FERRYBRIDGE Legend Wakefield !( Wakefield HWSS Shaw Cross SHAWCROSS Ferrybridge North Yorks HWSS !( !( Leeds HWSS Wakefield Wakefield This page is intentionally left blank

Page 290 Agenda Item 26

Originator: Sarah Johal

Tel: 2243592

Report of the Interim Director of Children’s Services

Executive Board

22 nd June 2010

Subject: Updated Statements of Purpose for the fostering and adoption services of Leeds City Council

Electoral Wards Affected: all Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap Ward Members consulted (referred to in report)

Eligible for Call In Not Eligible for Call In

ü (Details contained in the report)

EXECUTIVE SUMMARY

1. This report seeks elected member approval of the revised statements of purpose for Leeds City Council’s Fostering and Adoption Services. The Statement of Purpose for each service is attached at appendix 1 and appendix 2 respectively. In each case the Statement of Purpose is required as part of the national minimum standards in order to be able to provide those services.

RECOMMENDATIONS

2. It is recommended that the Executive Board approve the Statements of Purpose for both the Fostering and Adoption services for Leeds City Council.

Page 291 1.0 Purpose Of This Report

1.1 This report seeks elected member approval of the revised statements of purpose for Leeds City Council’s Fostering and Adoption Services. The Statement of Purpose for each service is attached at appendix 1 and appendix 2 respectively. In each case the Statement of Purpose is required as part of the national minimum standard in order to be able to provide those services.

2.0 Background

Adoptions

2.1 It is a requirement of the National Minimum Standards for Adoption Services, that an adoption service produces a statement of purpose, including its aims and objectives, a description of the service it provides and the facilities that are provided. This Statement of Purpose gives an outline of those requirements and also how the service is managed and its fitness to provide a comprehensive adoption service.

2.2 The Statement of Purpose has been produced in accordance with the Local Authority Adoption Service (England) Regulations 2003, the Local Authority Adoption Service (England) (Amendment) Regulations 2005 and the Adoption National Minimum Standards Addendum 2005. The Adoption Agency is inspected against these standards by Ofsted.

2.3 The adoption agency must approve annually the statement of purpose and any updates through the ‘Executive side of the council’.

Fostering

2.4 It is a similarly a requirement of the Fostering Services Regulations 2002 (amended 2009) and National Minimum Standards for Fostering Services, that each fostering agency produces a statement of purpose, including its aims and objectives, a description of the service it provides and the facilities that are provided. This Statement of Purpose gives an outline of those requirements and also how the service is managed and its fitness to provide fostering services. It shows the policy and performance framework that underpins our work and shows how the welfare of children will be met. It also demonstrates the systems which we have set in place to recruit, train, supervise and support foster carers.

2.5 Elected members must formally approve the statement annually.

2.6 The Council’s Executive Board is the most appropriate body to provide formal approval for both of these statements. The statements were last submitted to Executive Board in January 2009. The submission of the latest annual revisions were put back to June 2010 to enable a more child focused approach to the Statement of Purpose and to reflect a number of important recent staffing and structure changes within the service. These are outlined briefly in the section below.

3.0 Key Changes Since the Previous Versions

3.1 Since the January 2009 statements were approved, Members may wish to note in particular the following developments which are reflected in the new statements:

• Both statements of purpose have been radically overhauled to present a statement of purpose regarding services that are focused on the needs of Page 292 children. There is a policy statement , principles, values and standards of care within the statements which are intended to evidence an improved quality service for children. • There is more detail in the statement regarding the fostering services in protecting children from harm, the provision of therapeutic services, the provision of health promotion support services, the provision of educational support services, the provision of leisure, sport, cultural and religious activity and the pathway planning service. In addition, the recruitment, assessment and support to carers is covered. • In the adoption statement there is more information regarding adoption support services and more detailed information about the wider services provided. • Both the statements have information about the monitoring and performance of the services.

4.0 Implications for Council Policy and Governance

4.1 These implications are covered by paragraphs 2.1 – 2.3 above.

5.0 Legal And Resource Implications

5.1 There are no resource implications other than the already existing adoption and fostering budgets required for carrying out the services described in the statements. The statements themselves do not require extra budgetary provision.

6.0 Conclusions

6.1 The guidelines for both the Adoption and Fostering service Statements of Purpose detail the need to seek elected member approval annually for any updates. Approval of both these documents is therefore required.

7.0 Recommendations

7.1 It is recommended: That the Executive Board approve the Statements of Purpose for both the Fostering and Adoption services for Leeds City Council.

Background Documents

14 th January 2009 Executive Board Report: Statements of purpose for the fostering and adoption services of Leeds City Council

Adoption National Minimum Standards Regulations, Voluntary Adoption Agencies and Local Authorities in England and Wales 2003

Fostering Services, National Minimum Standards, Fostering Service Regulations 2002

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Page 294

Page 295 Contents

1. Introduction 2. National legislative and policy framework 3. Policy Statement 4. Aims 5. Objectives 6. Confidentiality and Conflicts of interest 7. Principles and standards of care 8. Service provided 9. The Family Placement Scheme for Children with Disabilities 10. Statisitics 11. Management of the service 12. Staffing 13. Protecting children from harm 14. Provision of therapeutic services 15. Provision of health Promotion Support services 16. Provision of Educational Support services 17. Provision of Leisure, Sport, Cultural and Religious Activity 18. Pathway Planning Service 19. Recruitment of foster carers 20. Approval and assessment process 21. Support, supervision and Training of foster carers 22. Foster carer handbook 23. Training 24. Complaints procedure 25. Allegations 26. Monitoring performance

Page 296 1. Introduction

It is a requirement of the Fostering Services Regulations 2002 (amended 2009) and National Minimum Standards for Fostering Services, that each fostering agency produces a statement of purpose, including its aims and objectives, a description of the service it provides and the facilities that are provided. This Statement of Purpose gives an outline of those requirements and also how the service is managed and its fitness to provide fostering services. It shows the policy and performance framework that underpins our work and shows how the welfare of children will be met. It also demonstrates the systems which we have set in place to recruit, train, supervise and support foster carers.

This statement is available to all members of staff, foster carers, children and birth parents and is available on our fostering website. A copy of this statement is also lodged with OFSTED. The information contained is regularly up dated, and will be amended annually.

2. National Legislative and Policy framework

Leeds Fostering Service is run in accordance with the principles outlined in the:

Children Act 1989

Arrangements for the placement of Children (General) Regulations 1991

The Care Standards Act Regulations 2002 and accompanying National Minimum Standards for fostering services

The Disability Discrimination Act 1995

The Human Rights Act 1998

The Children( Leaving care )Act 2000

The Children’s Workforce Development Council - Training, Support and Development Standards for Foster Care (2007)

Leeds Fostering Service also strives to follow the best practices outlined in the UK National Standards for Foster care and Code of Practice on the recruitment, assessment, approval, training and support of Foster Carers 1999.

Page 297 3. Policy Statement

Leeds Fostering Service believes that every child Looked After should be able to enjoy the same quality of life and opportunities as all children. The Fostering Service works to the vision set out in the Leeds Children and Young People’s Plan 2009- 2014. The vision states: “We want all the children of Leeds to be happy, healthy, safe, successful and free from the effects of poverty. We will make sure that every child and young person has the opportunity to achieve their potential because every child matters. We will work to narrow the gap so that every child has the chance to succeed regardless of their background and the barriers they face. We want to make sure that every young person has the highest hopes for their future, and the support to fulfill them (Children Leeds 2009-2114 Children’s Plan).”

Leeds Fostering Service recognises that a child’s needs are best met by a nurturing family and is committed to placing children who are not able to remain in their own family in an appropriate alternative family placement wherever possible.

Leeds is committed to placing children and young people with our approved foster carers and has developed and invested in a dedicated and comprehensive Fostering Service that actively works to meet the quality standards required and the diverse needs of the children who become looked after by Leeds and their families.

We are also committed to placing children and young people with local foster carers in order for them to maintain contact with families and friends, to continue at the same school and thrive within their community wherever possible.

Each child/young person will have access to a service which recognises and address their needs in terms of gender, religion, ethnic origin, language, culture, disability and sexuality. Placement decisions will consider the child/young person’s assessed racial, ethnic ,cultural and linguistic needs and match these as closely as possible with the carer.

Page 298 4. Aims

The main aim of Leeds Fostering Service is to provide safe, high quality foster care placements for children and young people that value, support and encourage them to grow and develop as individuals. As well as promoting their health and general well-being the service is committed to ensuring that foster carers are encouraged to help children and young people to reach their maximum educational ability.

We are committed to ensuring that the service offered is based on statutory requirements, sound principles and good practice and works within the principles of Best Value for the council.

Our service is committed to multi- agency working and develops partnerships and protocols with organisations which can progress the needs of our looked after children. We work at all levels in partnership with the Education and Health to promote the well being of children in public care in Leeds.

Our service has respect for the rights and responsibilities of Looked After children and their carers and aims to involve them in all aspects of service delivery.

The fostering service aims to provide a high quality responsive child-centred service in relation to its core functions: to recruit new foster carers from within our diverse community and from the kinship networks of looked after children – wherever this best meets their needs; to prepare applicants through training to be able to deal with the range of issues that foster carers face when looking after children; to assess each applicant comprehensively to ensure that they are suitable and able to carry out this role and supervise and support carers in a constructive manner that promotes the welfare of and protects children.

5. Objectives

§ To ensure that there is a choice of high quality foster care placements available to meet the complex and diverse needs of individual children and young people. Each carer will have a supervising fostering officer and areas

Page 299 of particular skills and experiences will be developed and training needs identified and addressed; § To promote a safe and stable and enabling environment ensuring that children are young people are listened to and protected from abuse and neglect; § To promote the child’s physical, social, emotional and intellectual development by providing each child with the opportunity of developing to their full potential, through health care, education and leisure activities that will enhance their life chances; § To have a positive regard to for the child or young person’s racial, religious and cultural needs. § The individual child’s needs/ wishes and feelings are paramount and taken into consideration in relation to placements; § Siblings will be accommodated together wherever possible and appropriate; § To promote contact for the child or young person and his/her birth family, throughout their placement, and to encourage and facilitate this as appropriate; § To ensure foster carers make children and young people aware of their rights and the comments, complaints and advocacy process by passing on and sharing the relevant information; § To ensure that approved foster carers are clear about their role and that they are supported in their tasks, duties and responsibilities, by having adequate support mechanisms in place, outlined in their terms and conditions and foster carer agreement. § The Payment For Skills framework ensures quality, by giving a competency framework with clear expectations for foster carers, and a training and development programme. § Ensure that all practice promotes equal opportunities for all and values diversity of both foster children and carers regardless of gender, sexual orientation, ethnic background, age, religious beliefs, disability or marital status. § To ensure that any decisions are transparent and fair and that any concerns are addressed and information about the complaints procedure is made available to all.

Page 300 § Promoting team and personal development and training for both staff and foster carers. § Consult regularly and learn from those that are in receipt of services through comments, compliments or complaints and have regular meetings with foster carers, senior managers and elected members. § Commitment to continuous improvement through the provision of wider placement choices for children by continuing pioneering a more innovative approach to foster care that is needs led to deliver packages of care to children in public care.

6. Confidentiality and Conflicts of interest

Foster carers are provided with full information about the children placed with them and are expected to observe high standards of confidentiality. As an agency we maintain records on carers and looked after children, who are subject to National Standards and Data protection legislation. Staff and foster carers are expected to declare any potential conflicts of interest.

7. Principles and Standards of Care

Leeds Fostering Service is committed to achieving and maintaining the highest standards and offering quality provision. It has been developed and is managed in accordance with the Fostering Service Regulations 2002 (amended 2009) and the principles outlined in the National Minimum Standards. These standards apply equally to our kinship carers.

§ The welfare of the child is paramount. § Children who are looked after are consulted regarding their wishes and feelings in regard to all aspects of their care. § Every child who is looked after will have a health plan and a personal education plan. § Every child looked after will be encouraged to participate appropriately in religious and cultural beliefs in accordance with their wishes and feelings and developmental understanding.

Page 301 § Every child looked after will be cared for in an environment free from oppression, discrimination and prejudice, this will encourage them to develop a positive sense of their own identity. § The fostering service will support the identified aims and objectives of the child or young person’s care plan and work alongside other professionals in the implementation of this. § The fostering service will work in partnership with other professionals to promote contact between looked after children and their family and other significant persons. § Foster carers have a handbook (factfile) which guides their practice and clarifies expectations and standards.

8. Services Provided

The fostering service approves foster carers to look after children aged 0-18 years. Many of the children placed have experienced difficulties including abuse or neglect before being fostered. Some children and young people present with very challenging behaviour, special needs or complex health conditions. It does this by assessing, registering, supervising, supporting and training a wide range of carers.

Leeds operates a fostering scheme called Payment for Skills (PFS) which most of the foster carers are part of. Payment for Skills has four levels linked to a Task, Skills and Competency (TSC) Framework, and fees are paid to carers on levels 2, 3 and 4. The TSC framework sets out a list of competencies that foster carers must be able to demonstrate at each PFS level. It also sets out training and support group attendance requirements at each level. Each level adds more to the previous level, so that Level 4 Carers develop higher level skills and competencies, and have a more demanding range of tasks that they must undertake. In return they are paid the highest level of fee. Within the levels there are differing areas of specialism depending on carers skills and abilities and interests.

The differing types of approval:-

Temporary –across the levels, however level 4 carers would be expected to undertake assessments on children and young people in their care or undertake a specified task.

Page 302 Respite –across the levels.

Permanent –across the levels, however level 4 carers would be expected to provide permanent placements for children with complex needs or challenging behaviour.

Family Resource Centre Carers -Level 4 carers would provide regular respite to relieve stress in families and prevent children coming into care .

Parent/Child Carer- level 4 carer would provide assessments of parents ability to care for their child as part of a plan– residential and non residential placements available .

Planned short breaks – as part of a package under section 17 to maintain children with their families and prevent children coming into care.

Family Placement – offer any type of foster placement for disabled children.

Kinship Carers - known as Family and Friends carers providing placement placements for children and young people known to the carer. Level 1 of the PFS model.

Foster Carers can usually be approved for three children at any one time (dependent on registration).

9. The Family Placement Service for Disabled Children

The Leeds Family Placement Service for Disabled Children provides a range of high quality inclusive services for disabled children and their families. The service promotes the social model of disability and the inclusion of disabled children in all aspects of family and community life. The preventative short breaks and sitting services offers support to children and families, consistent with Governmental priorities outlined in “Aiming High for Disabled Children: Better Support for Families” (HM Treasury, DFES May 2007).

The professional fostering, permanency and adoption service recruits, trains, approves and supports high quality specialist foster carers (including those with nursing experience) to offer a range of placements to disabled children including: Short term (including pre-adoptive, emergency, working to rehabilitation, assessment, duration of proceedings, bridging, etc); Shared care (sharing the care with parents in a plan tailored to the child’s needs and their family’s needs for over 120 days a year);Permanent foster care placements.

Page 303 The short breaks service recruits, trains, approves and supports short breaks carers reflecting the diverse communities of Leeds, to offer a range of short break placements to disabled children and their families. These carers are subject to the same checks as foster carers, have a competency based assessment, which go to foster panel for approval. The carers are registered foster carers subject to National Minimum Standards. As most of the carers are volunteers and the children live primarily with their parents who are responsible for their health and welfare we would expect the application of NMS to be proportionate and sensitive to the service offered.

10. Statisitics

The mainstream fostering service currently has 567 Foster Carer households registered. There are currently 299 children placed in Short Stay / Temporary foster placements (including Respite and Emergency), 320 children placed with Long Stay Carers, in addition there are currently 162 children placed with Family and Friends Carers (Family Network Carers). 145 children and young people are placed with Independent Fostering Agencies. There are 138 registered foster carers within the family placement team for disabled children. In 2008-9 74 children /young people had foster placements on the service. In 2009-10 59 approved Short Breaks foster carers and 28 carers from the Professional Fostering and Adoption Service provided 5,782 days of care to disabled children.

11. Management of the Service

A Service Delivery Manager (Children) holds responsibility for the service, Sarah Johal. There are four team managers who manage differing teams. These teams comprise of two geographically focussed teams managed by Anne-Marie Stokes and Deb Schofield; a Kinship Care Team managed by Val Hales and the Family Placement service, which provides for children with disabilities, managed by Kay Beach. The team managers are responsible to the Service Delivery Manager, the registered manager of the service. All the managers are qualified social workers.

The management group share responsibility for developing policy and procedure in line with national regulations and standards to ensure a safe and stimulating environment for Looked after children.

Page 304 The City council appoints elected members to oversee the work of the Children and Young People’s Social Care and delegates certain responsibilities to the Chief Officer of Children and Young People’s Social Care .The Chief Officer, Jackie Wilson, has overall responsibility for the financial management, proper management systems and the safe care of children. Jackie Wilson is currently the Responsible Individual of the service. The Head of Service for Looked After Children, Sue May, is due to take up her appointment in July 2010.

12. Staffing

There are 27.5 qualified social workers within the three fostering teams. They hold differing responsibilities within the teams including the development of specialist placements, placement co-ordination and the development of the service. The Family Placement service has 3FTE posts for fostering and permanency, 3FTE workers for Short Breaks and 1.25 posts for the Sitting Service plus a temporary post on this latter scheme.

In addition over the next year we are increasing staffing in the establishment by 4 workers and 1 team manager to develop more in house provision of foster care and specialist family placements for children with complex health needs.

All workers hold a social work qualification. There is a range of experience among the staff and all fostering officers must have had at least one year’s post qualifying experience in children’s social work, before joining the section.

In addition there are is a Business support team who provide administrative support to the fostering and adoption service as a whole.

No member of staff of Leeds Children and Young People’s Social Care is able to become a foster carer registered with this service.

13. Protecting children from harm

Leeds Fostering Service operates a safe recruitment process for all staff employed by the agency. In addition, there is a rigorous vetting and assessment process undertaken with all potential carers. Enhanced CRB checks are repeated every 3 years for all carers and staff. Leeds fostering service has policy and guidance

Page 305 underpinning our service on Safe caring; health and safety ; bullying policy; management of behaviour and foster carer agreements.

Our processes and procedures will ensure that concerns are addressed and monitored by the management team and the Registered Manager, and will inform service developments, for example: Poor quality of care/breach of foster care agreement; child protection procedures which deal with allegations of abuse against foster carers and through the complaints procedures.

Children will know about these procedures through their social worker and the children’s guide. They also have access to a Children’s rights advocacy service.

14. Provision of Therapeutic Services

The Fostering Service has a referral route to the Therapeutic social work team and the Leeds Child and Adolescent Mental Health Service (CAMHS), who provide therapeutic input to children and young people in foster placement, consultation to carers and other professionals. CAMHS comprises of clinical psychologists, psychiatrists, child and adolescent mental health practitioners and social workers with expertise in children’s mental health. This is accessed through the multi-agency prioritisation panel which meets monthly.

In addition the therapeutic team hold a weekly Fostering Surgery for most carers to access directly . The key objectives of the work is to provide a regular, easy to use guidance and support service to all Leeds foster carers and to improve placement stability for children in foster care. They also provide training to foster carers, social workers and other professionals.

15. Provision of Health Promotion Support Services

The Fostering Service is committed to ensuring the health outcomes for young people looked after continually improve. The health team for looked after children comprise of team of qualified health professionals and administrative staff.

This includes: Designated Doctor for Looked After children and young people; Designated Nurse for Looked After children and young people; Nurse specialists for looked after children; Clerical, IT and secretarial support staff.

Page 306 The team has an holistic approach to health and aims to help Looked After children and young people achieve the five outcomes described in Every Child Matters They work closely with both voluntary and statutory agencies, particularly social care and education. As a team they offer all aspects of health advice and support including sexual health, immunisations, health promotion, emotional well being, and substance misuse advice to young people and their carers. The nurse specialists are also part of the 4 city wide foster panels offering health related advice and opinion.

The team works with our foster carers and family and friends carers to promote healthy living and eating and assists in the tracking of children’s dental health and annual health assessments.

16. Provision of Educational Support Services

Specialist educational support is available to foster carers in the fostering service. There is a head teacher for the Leeds Extended School for Looked After Children (LEXS) and a team of four people to support him. The team looks at improving the attendance, academic outcomes, addresses exclusion issues and aims to improve partnerships with schools in Leeds and those out of Authority. There is a qualified teacher who is based in the fostering section and provides training, support and personal advice to foster carers.

The Personal Education Allowance Scheme has enabled more children to benefit from additional tutoring and also enables young people to participate in activities they may not otherwise be able to access. This is positively promoted through the Fostering Service and is enhancing many children’s educational achievements, confidence and academic outcomes.

The Fostering Service works alongside and supports educational initiatives for looked after children by promoting children’s educational needs to our Foster Carers. Carers are expected to attend Personal Education Planning Meetings with the young people and, where appropriate, the supervising officer will also attend.

Information and developments are promoted by the qualified teacher within fostering team through mail shots and supervisory visits to carers. Training, resources and materials are available to foster carers.

Page 307 Training on literacy, numeracy and negotiating through the educational pathway for Children and Young People is provided. In 2009 the virtual head rolled out the letter box scheme to improve the literacy of our young children at Key stages 1 and 2. There are various homework clubs, specifically for Looked After students in high schools, throughout the city. These are supported by undergraduates from the Leeds Universities and Leeds Aim Higher.

There are 3 Connexions advisors who work specifically with our Looked After students and their carers. They are more than willing to make home visits and continue working with the students post 16. A celebration event is held each year to celebrate the educational achievements of looked after children. As a result of these services the number of children achieving GCSE’s has increased as has the number of children going to University.

17. Provision of Leisure, Sport, Cultural and Religious Activity

Foster carer training and supervision promotes the importance of leisure provision for looked after children and young people, and the expectation that carers will seek out and support new experiences and activities to enhance children’s self-worth, social development and independence.

School aged Looked After Children are able to access the MAX card which gives free access for the child, a friend and two adults to a range of leisure activities throughout the Leeds area. Swimming at Leeds Leisure centre’s is free for all children in Leeds and foster carers are encouraged to ensure children are taught to swim. There are good links with Leeds Rhinos who have provided opportunities for Leeds Looked After Children.

Information on community play schemes, clubs and holiday activities are provided to foster carers on a regular basis through newsletters.

We aim to support all young people in their religious and cultural beliefs and customs. We ensure that information is available to provide understanding of different cultures and religions. We will provide resources that may be needed to ensure young people are able to practice their beliefs and customs and ensure that

Page 308 all people are treated equally, regardless of age, sex, sexuality, ethnicity, disability or religion. We have supervising fostering officers to help carers with issues regarding trans racial placements.

18. Pathway Planning Service

The Pathway Planning Service works closely with other professional to provide a holistic approach to meeting young peoples needs. Leeds is committed to supporting care leavers and will support young people to remain in their foster placement beyond 18 years of age if this supports them more effectively.

19. Recruitment of Foster Carers

The Fostering Service has a recruitment strategy which utilises current data, regarding the gaps in resource provision. More places are needed for teenagers, long-term care for Children and young people, children with disabilities and younger sibling groups and black and minority ethnic children.

Recruitment work is targeted, with specific carers recruited at different times. Most recently a “career fostering” campaign was launched and will be ongoing until June 2010. It is likely that the next campaign will focus on recruiting carers who can take younger children and sibling groups given the latest analysis of gaps in provision.

The Fostering Service uses a variety of mediums to recruit local carers, and information that has been collated over the past 10 years on the most successful advertising forms, is reflected in our current advertising strategy. We have a clear “brand” displayed in adverts, publicity material, leaflets, posters, etc. We have access to the Leeds City Council Press Office who are able to help us promote the service to the Leeds press and we have a page on Leeds City Council website where potential carers can register interest in becoming a foster carer. Features on radio, newspaper articles, community meetings and briefings are all undertaken regularly.

20. Approval and Assessment Process

Page 309 Anyone over the age of 25 may apply to become a Foster Carer (exceptionally over 21 years), and a welcoming response is given and all initial enquires are responded to on the same day. Applicants are welcomed from all members of the community, regardless of relationship status, employment situation, class, gender, sexuality, culture, ethnicity or religion.

When a person contacts Leeds Fostering Service, to express an interest in fostering they will be able to have a discussion with a fostering worker who will explain the process and take some initial information about them. If the caller then wishes to proceed, they will be sent an Information Pack with a registration of interest form usually within 24 hours. There is immediate exclusion of any applicant who has been convicted of any serious offence against a child or adult.

Returning this form triggers an appointment to their home, to complete an Initial visit and assessment. At this visit we will discuss fostering with members of the family, check the home conditions are warm and clean and that there is space for a foster child to sleep, do homework, play and participate as a full family member. If all parties agree that fostering could be suitable for the family, a formal application is made and statutory checks are completed (see below for details). Once these are completed satisfactorily an invitation to a training and preparation group is then given.

The preparation training undertaken uses the Fostering Networks Skills to foster programme including: Skills to Foster; Child Development; Separation and Loss; Working Together; Safer Care; Moving On. The service runs between 5 to 8 sessions a year and are generally undertaken on weekends, or occasionally weekdays, as demand dictates. The training is run by fostering workers, experienced foster carers and a care experienced young person.

When training is completed, the applicants begin an assessment that includes topics laid down in the Children Act 1989 and The National Minimum Standards in Foster Care (2002). All carers are subject to a number of statutory checks and references.

• Enhanced Criminal Records Bureau Check on all members of the household over the age of 16.

Page 310 • Child Protection Checks

• Children Young People’s Social Care ESCR check

• Department of Health Checks

• GP checks or medicals. (applicants for short breaks are asked to complete a medical questionnaire which is sent to their G.P. for verification / comments).

• Two personal references

• In addition interviews are conducted with grown up children and children living in the household

foster carers are additionally asked to undertake

• A full medical examination with their GP

• A work reference from present or previous employer.

• To agree to the department making contact with any schools which their children attend to ascertain the school’s view on their involvement / suitability.

• To agree to the department making contact with ex partners regarding their application to foster in certain circumstance.

Most foster carers are subject to a competency based assessment; family and friends carers assessment concentrates on the parenting strengths and ability to manage the complexity of family relationships in order to keep children safe and promote their well-being. The depth of this assessment will depend on the role for which the carer is being assessed, with appropriateness and proportionality being the measure of this. All potential carers are invited to be fully involved in the assessment and to use self completion sheets as a tool to look at their competencies. The fostering service uses the British Association of Adoption and Fostering (BAAF) Form F foster carer assessment format for the completion of its assessments. The assessment of a Foster carer would take place in the applicant’s home over a period of six to eight visits, plus reference interviews and interviewing other relevant parties. The assessing social worker would ensure that timelines, analysis of significant relationships, the family dynamics, and characteristics of the foster carers underpin and inform the assessment.

The assessment focuses on the individual or individuals applying to become foster carers and their family. We make a detailed assessment of their past and present

Page 311 experiences, the skills and competencies which they would bring to their new role, and help them to think about their reasons for a applying to become foster carers. The assessor will also use the process to assess the applicant’s suitability to foster children with differing needs including disabled children and this is made transparent.

The assessments, together with a portfolio of evidence of experience and skills compiled by the foster carer, are presented to a fostering panel. Applicants are encouraged to attend with the assessing social worker. All information gathered except references is shared with the applicant/s. The social worker’s assessment is shared with them prior to the panel.

The fostering panel is an independent panel and comprises people from a variety of backgrounds. They consider and recommend the approval, or not, of all foster carers. The recommendation then goes before the agency decision maker who makes a final decision. Any appeals can be made within 28 days to the Decision maker.

All foster carers are subjected to an annual review of their status as foster carers. This is a formal review of the work that they have undertaken during the year, and is an opportunity to reflect on achievements and learning. These are currently undertaken by their own supervising fostering officer but over the next year we hope to see the implementation of Independent Reviewing Officers to undertake this task and provide the independence required. A report is presented to the Fostering Panel in the case of all first reviews or cases of concern.

21. Support, Supervision and Training of Foster Carers

All foster carers are linked with a supervising fostering officer. The supervising fostering officer provides support and supervision:

The supervisory social worker undertakes a minimum of four supervisory visits per year including a review of the foster carer. They also make an unannounced visit to the placement.

On the short breaks service the supervisory social worker undertakes the same level of supervisory visits. However, this would be applied proportionately. For instance if

Page 312 the family is matched to a child who visits twice a year it would be inappropriate for the supervisory social worker to visit more often than the child. Unannounced visits are made to busy carers but aren’t practical for some short breaks placements, which are typically at weekends and where carers frequently take the child out when they are in placement.

The fostering service believes that it is important that foster carers are able to access support, at the time that they need it. During office hours each foster carer is allocated a Supervising Fostering Officer. This worker will usually be the first point of contact for the foster carer and be able to offer support, advice, guidance and supervision regarding most matters relating to fostering and the care of the child. Additionally, every looked after child has an allocated social worker. This person will usually be the first point of contact for the foster carer for any information and advice on issues that relate to the child. If this worker is not available during office hours, a duty worker is always available at the Children and Families’ Team office to deal with any urgent problems or issues.

If additional support is required outside of these times, foster carers can contact the Emergency Duty team or the 365 help line – a service that operates 24 hours a day for carers by carers.

Leeds fostering service provides a Support Service independent of the local authority to foster carers where this is appropriate. This can be for mediation purposes; to provide advocacy support for the carer during allegations or where there is a complaint concerning the fostering service. This ensures that no conflict of interest arises and that carers are well supported.

The fostering service believes that carers should be fully reimbursed for the costs of looking after a child, and provides allowances at the nationally recognised government recommended rates. An allowance and travel expenses are paid to carers and all necessary equipment for the task is provided. Additional payments in the form of fee are available to carers who meet specific requirements on the PFS model. Insurance schemes are in place to carers for personal injury and for damage that may occur through accidents in the home.

Page 313 The Fostering Service runs foster carers’ support groups. These meetings generally are geographically based and take place in the daytime at a variety of venues across the city.

22. Foster Carers Handbook (Factfile)

All Foster Carers have a handbook which gives factual information which they need to know about the service. This includes safe caring issues, the role of social workers, and procedures in a condensed format. The Handbook for foster carers was revised through the fostering service in 2008/9 and has been distributed to all relevant carers.

23. Training

The Fostering Service believes that a comprehensive training programme, for its staff and Carers, is the key to their personal and professional development. Training provides people with the necessary skills and knowledge, necessary in providing a high quality service. It is also key to safeguarding children, Foster Carers and their families, by informing carers of how to care for children safely.

Training is an opportunity for, even experienced, Foster Carers to acquire new skills and an opportunity for group support and discussion. The Fostering Service has a clear training strategy, covering Pre-approval Training, to potential applicants, Induction Training for newly approved Carers which incorporates the Children’s Workforce Development Standards (CWDC). A comprehensive rolling programme of training is available; this training meets the on-going professional development of foster carers throughout their fostering career. There is currently a great deal of support available in encouraging existing carers to complete the CWDC induction standards. There is a requirement that all existing carers complete this by April 2011 and family and friends carers by April 2012.

The training is linked to Payment for Skills Levels outlined in the tasks, skills and competency framework for foster carers. Professional foster carers are required to complete a core post approval training programme and thereafter a minimum of 3 training courses a year. A number of carers are currently undertaking NVQ 3 to

Page 314 support foster carer progression, and all Level 4 carers will complete this over the next 2 years. The programme for foster carers is extensive and includes:

Separation and Loss; Managing Difficult Behaviour; Preserving Memories; Protecting Children / Safer Care; Education Issues for Looked After Children; Building Self- Esteem; Child Protection; Child Development; Therapeutic Crisis Intervention; Write Enough; Moving children on; contact. healthy lifestyles.

All training courses are evaluated with carers providing feedback. Feedback is collated and used to inform future practise.

24. Complaints Procedure

Leeds City Council Children and Young People’s Social Care operates a complaints service which is independent of the Fostering Service.

Foster Carers are given a Complaints and Complements Leaflet, detailing the process if they wish to make a complaint, when they sign the Foster Carer Agreement, which is kept with the carer’s handbook.

Birth Parents are given a copy of the Complaints and Complements Leaflet in the Information Pack for Parents which is taken out by social workers of children in placements. It is the role of the child’s social worker to give them the complaints leaflet for LAC children and to inform them of the Role of the Children’s Rights Service. The child can also make their views known through the review system and they are sent a consultation form about the placement prior to the foster carer review. It is acknowledged that many disabled children cannot access the complaints process in this form because of their learning and communication difficulties. An independent advocate can be appointed for the child where this is appropriate.

There have been 11 complaints this year within the fostering service. All complaints are responded to as quickly as possible and are regularly analysed to inform service development.

25. Allegations

Page 315 All allegations in relation to foster carers are investigated and actioned through Leeds Children and Young People Social Care (CYPSC) safeguarding and reviewing service, on behalf of the Leeds Safeguarding Children’s Board under the procedures for Investigating Allegations against Adults Caring for Children. The CYPSC policies and procedures are followed. Foster carers are offered independent support during this process which can be accessed via the fostering service.

There were 10 allegations against foster carers over the year which led to child protection procedures. 2 of the carers have been de-registered as foster carers.

26. Monitoring performance

The performance of Leeds Fostering Service will be monitored at a number of levels and in a number of ways:

• Ofsted will inspect regularly to ensure that Leed’s Fostering Service complies with legislation and standards (this may be annually or every 3 years dependant on compliance). This report together with any action plan arising from it will be presented to the Executive Board.

• Activity will be monitored at a strategic level against the objectives, performance indicators and tasks as contained in the Fostering Service Improvement Plan.

In addition to the above the newly created performance and quality assurance team will develop the ability to improve the monitoring of performance and quality assurance processes over the coming year.

The following Key Performance Indicators will be used to monitor the Fostering Service:

• PAF Indicator B7 percentage of children looked after in foster care and adoption.

• BVPI – A1 – Stability of Looked After Children (LAC) (3 or placements in a year).

• fostering teams will recruit new foster carers and increase the number of carers for children (target as agreed)

• All Foster/ carer reviews will be held on time and letter sent to carer confirming outcome

Page 316 • All initial packs to be sent to prospective carers within 3 working days

• Successful Ofsted inspection resulting in scores of no less than 3

• All assessments will be completed within 6 months from the point of completion of training

• All newly approved carers will carry out agreed induction training within first year of approval

Service Improvement plan – these processes will inform the Fostering Service 3 year Service Improvement plan which will be reviewed on an annual basis. It was last updated in July 2009.

27 Details of the Registration Authority

OFSTED CONTACT DETAILS Ofsted NBU, 3rd Floor Royal Exchange Buildings St Ann’s Square Manchester M2 7LA Telephone: 08456 404040 Fax : 08456 404049 Email:www.ofsted.gov.uk Matters of concern about this fostering service can be referred to OFSTED who will decide what action to take.

Page 317 This page is intentionally left blank

Page 318 Page 319 Contents

1. Introduction

2. Principles and values

3. Aims

4. Objectives

5. Recruiting, assessing and approving adopters

5.1 Enquiries 5.2 Initial Visit 5.3 Preparation group 5.4 Assessment/home study 5.5 Approval and adoption panel

6. Post approval

7. Annual review of prospective adopters

8. Post placement support

9. Contact and the information exchange service

10. Adoption Support

11. Organisational and Management Structure

12. Numbers, qualifications and experience of staff

13. Monitoring performance

14. Complaints

15. Details of registration authority

2 Page 320 1 Introduction

It is a requirement of the National Minimum Standards for Adoption Services, that an adoption service produces a statement of purpose, including its aims and objectives, a description of the service it provides and the facilities that are provided. This Statement of Purpose gives an outline of those requirements and also how the service is managed and its fitness to provide a comprehensive adoption service.

This statement can be used by children and young people and families as a guide to what they should expect a service to provide and to do. It is available to all members of staff, children and birth parents and is available on our website (put in link here?). A copy of this statement is also lodged with OFSTED. The information contained in it is amended annually.

The Statement of Purpose has been produced in accordance with the Local Authority Adoption Service (England) Regulations 2003, the Local Authority Adoption Service (England) (Amendment) Regulations 2005 and the Adoption National Minimum Standards Addendum 2005. The Adoption Agency is inspected against these standards by Ofsted.

2. Principles and values

The Adoption Service is part of an integrated Fostering, Adoption and Family Placement Service within Leeds City Council Children and Young Peoples Social Care. The requirements of the Adoption and Children Act 2002 underpin the principles and values of our service :-

§ The welfare of the child is paramount.

§ Children who are looked after are consulted regarding their wishes and feelings in regard to all aspects of their care.

§ Children are entitled to grow up as part of a loving family which can meet their needs during childhood and beyond and where possible this should be within their own family.

§ The child’s welfare safety and needs will be at the centre of the adoption process.

3 Page 321 § Delays in adoption can have a severe impact on the health and development of children and should be avoided wherever possible.

§ Children’s ethnic origin, cultural background, religion and language will be fully recognised and positively valued and promoted when decisions are made.

§ The particular needs of disabled children will be fully recognised and taken into account when decisions are made.

§ Children should be allowed to live with brothers and sisters unless this will not meet their individual needs. People applying to adopt are expected to understand the importance of maintaining these relationships.

§ The role of adoptive parents in offering a permanent family to a child who cannot live with their birth family will be valued and respected.

§ Adoption has lifelong implications for all involved and requires lifelong commitment from many organisations, professionals and individuals who have to work together to meet the needs for services.

§ Birth parents and birth families are entitled to services that recognise the lifelong implications of adoption. They will be treated fairly.

3. The Aims of the Agency

The agency is committed to fulfilling the requirements of the Adoption and Children Act 2002 by ensuring the provision of comprehensive and high quality adoption service which guarantees the best possible standards for care, safety and protection for children or young people who are looked after and who need adoptive placements. It also aims to ensure that all those whose lives have been affected by adoption are helped to identify and receive appropriate services. We are committed to ensuring that the service offered is based on statutory requirements, sound principles and good practice and works within the principles of Best Value for the council.

4 Page 322

4. Objectives of the agency • To recruit, assess and provide adopters that meet the needs of the children to be placed for adoption within the timescales laid down by National Adoption Standards. • To provide information on the process to applicants interested in becoming adopters and on the children requiring adoption. • To ensure that adopters receive appropriate preparation ,training, support and advice to enable them to offer the best possible standards of care, safety and protection for children or young people in their care. • To provide information on the services available to all those affected by adoption recognising that as adoption has lifelong implications for all those involved their needs will change over time. • To provide a range of adoption support services to birth relatives, adopted adults, adopters and their children in partnership with other agencies. • To provide information on the Service that is available to those wishing to adopt from abroad. • To provide a service for non agency adoption adoptions. For example, partner and step- parent adoptions. • To ensure that all practice promotes equal opportunities for all and values diversity of both foster children, birth families and adopters regardless of gender, sexual orientation, ethnic background, age, religious beliefs, disability or marital status. • To ensure that any decisions are transparent and fair and that any concerns are addressed and information about the complaints procedure is made available to all. • That the organisation regularly reviews the services it provides, consults with, and learns from, those in receipt of their services through compliments and complaints.

5. Recruiting, preparing, assessing, approving prospective adopters

5.1 Enquiries 5 Page 323

Information meetings are held monthly for people interested in adopting and these are advertised on our website. Information packs are also available with dates provided for the Information meetings for the year. These packs are usually sent to enquirers the same day and are always sent within 5 working days of an enquiry being made and are also available from the website. The information meeting provides an opportunity for people enquiring about adoption to talk to officers and adopters about their experiences, answering any questions. Enquirers can then be seen individually by a worker to both explore individual queries and discuss the initial eligibility criteria. Interpreting facilities can be provided for those families who wish to gain information in other languages. Enquirers are provided with a registration of interest form for completion.

5.2 Initial Home Visit

Following receipt of a registration of interest form an adoption social worker arranges an Initial Home Visit to discuss interest in more detail and identify any possible issues at this stage which may need to be followed up before proceeding. Following this a decision is made about whether they will proceed to the next stage, this is confirmed in writing by the Team Manager for the adoption team. Once an application form is received the statutory checks, Criminal Record Bureau(CRB) and medicals are taken up and the assessment is deemed to have commenced. If the decision is not to proceed reasons will be given in writing along with advice about appeal and the complaints procedure.

5.3 Preparation Groups

The material used in preparation training is designed to provide prospective adopters with information about the adoption process, issues to consider in adopting a child and information regarding the needs of adopted children. An invitation to attend a preparation group is usually within 1 month of the application being formally accepted. Preparation groups for first time adopters are run usually about 6 times per year. Groups for Asian language speakers are run 2 / 3 times per year for all the

6 Page 324 agencies part of the Yorkshire Adoption Consortium. A 2 nd time adopters course is currently being developed with the agency.

5.4 Assessment / Home Study

A qualified social worker (adoption officer) undertakes the assessment and it is usual for the social worker to be allocated to start the home study just prior to the training to explain about the process and what can be expected on the preparation course. The assessment process usually takes about 6 months unless complications or delays have occurred due to unforeseen circumstances. The Prospective Adopters Report which is completed by the adoption officer will then be presented to the adoption panel and applicants have 10 days before panel to make comments on the report. There may be circumstances where it is not possible to allocate an assessment within a reasonable timescale because there may be other priority allocation needed to meet the needs of specific children waiting for placement . For potential applicants who work for Leeds Children and Young People’s Social Care we would advise applicants to approach another agency to be assessed as prospective adopters.

5.5 Approval and Adoption Panel

The main purpose of the Adoption Panel is to consider and make recommendations to the Adoption agency on the following:- • that a child should be adopted, • people are approved as adoptive parents, • approve the match of a child/ren to adopters There are three Adoption Panels in Leeds. They meet once per month and have an Independent Chair. Membership of the panels meets the statutory regulations and includes those who have personally being involved in adoption. All applicants are invited to attend the Adoption Panel. The Panel makes recommendations to the Agency Decision Maker who will make their decision following consideration of the recommendations and the information presented at panel. Applicants and workers will be verbally informed of the agency’s decision within 2 working days and will receive this in writing within 14 working days.

7 Page 325 6. Post Approval

A one day post approval training is provided for all adopters regarding introductions and matching issues. Adoption Officers also ensure that adopters have access to local support networks and specialist national organisations, e.g., British Association of fostering and adoption (BAAF), Adoption UK. A one day training course is available for grandparents or other relatives who are supporting the adopters and wish to have more in depth information regarding adoption called “related by adoption”.

Following the adoption panel the adoption officer will work with adopters to identify matches to a child/ren and will provide support and guidance throughout the process. There will be regular visits and adopters are advised to discuss with their worker if they are considering any changes to their circumstances that may alter the assessment that was approved by the Panel. Information will be given about the children in Leeds and when a referral to the regional consortium or the National register will be made. All prospective adopters are referred to the National Adoption Register at three months, with their agreement, if no match has been identified locally and within the consortium. In order to make an informed decision about a child the prospective adopters are given information regarding a child (the Child Permanence Report). They will meet with the social worker for the child and other professionals relevant for that particular child: for example, medical adviser and child’s foster carers to ensure they receive all the available and known information about a child.

The proposals for the placement will be then set out in the Adoption Placement Report which will be seen by the prospective adopters before panel and will include an Adoption Support Plan based on needs identified in both the assessment of the child and adoptive household. The adopters have an opportunity to comment on the plans to be incorporated into the documentation for panel. The child’s worker, the prospective adopters and their worker attend the Adoption Panel. The process for panel is the same as for approval with recommendations being made to the Agency Decision Maker who makes the decision.

8 Page 326 Once the decision has been made then there will be a planning meeting which will involve the foster carer, the prospective adopters, and the relevant social workers (for the child, the carers and the adopters) and may be chaired by a manager or other worker. The meeting will draw up a timetable and process for the introductions and the monitoring and support.

7. Annual Reviews of Prospective adopters In the event that no placement has been made within 12 months from approval, the Adoption Officer will conduct a Review of their approval status with the adopters.

8. Post placement support Planning and provision of post placement support to all parties should help secure the placement and prevent disruption. Prospective adopters are given information about local and national support services. The period between placement and legal adoption can be a stressful time for all parties and regular support is important. The child concerned continues to be a 'looked after' child and as such is subject to statutory requirements.

Once the child has been placed for adoption, visits by both the child’s social worker and the family’s adoption social worker will take place. The status of the child as a 'looked after' child will continue until such time as an Adoption Order is made. The child must be visited during the first week of placement by his/her social worker followed by at least one of the workers visiting weekly up to the child’s first statutory review at 4 weeks post placement where the pattern of visiting will be discussed and agreed at that Review but will not be less than six weekly. The Child’s review will determine when an application to adopt may be made and advice will be given by the worker for the prospective adopters. The Annexe A Report for Court will be prepared by both the family’s and child’s social workers. Life story material will be provided for the child by the child’s social worker and given to the adopters for safe keeping for the child in the future. The child’s social worker is responsible for ensuring that a “later life letter” is completed before the Adoption Order is made, which will give an account of the circumstances of the adoption.

9. Contact and the Information Exchange Service

9 Page 327

Assistance and support with contact arrangements between adopted children and their birth families is provided by the agency. All contact arrangements will be reached having taken account of what is in the best interests of the child, and will be specified in the Adoption Support Plan before a child is placed. Arrangements will need to kept under review to ensure they continue to meet the child’s needs. Contact may include letter-box contact or face-to-face meetings between the child and members of his/her family, including parents, siblings, or extended family members. These arrangements are usually made through agreement by all involved, though may be the subject of a Contact Order. All forms of contact are more successful if the parties have met together before arrangements start; therefore a meeting between parents and adopters before the child is placed will be encouraged and supported by social workers, where this is appropriate. An Information exchange arrangement (letterbox scheme) may be set up between the adoptive parents on behalf of the child and a birth parent or any other relative or with any other person the agency considers relevant. Support and supervision of direct contact may be arranged where necessary.

10. Adoption Support

Leeds has a comprehensive adoption support service for all those affected by adoption. This service is provided in partnership with After Adoption Yorkshire who provide an independent service and with other agencies including child and adolescent mental health services.

Adoptive Families: • Advice line, confidential counselling service • Support groups • Assessment of needs • Soft play group • Access to therapeutic support and educational support • Assistance and review of contact arrangements between adopters and birth relatives • Newsletter

10 Page 328 • An annual social event for adoptive families • Training and workshops • Flexible respite support

Adopted children & young people: • Social groups • Activities • Listening to them, helping them to understand their background, • Providing information about other organisations that are designed to help adopted children.

Birth relatives: • A confidential and independent advice and counselling service, • Support regarding contact arrangements • Enabling parents to record on their child’s file whether or not they wish to have contact with their child from the age of 18.

For Adopted Adults: • Discussion and advice about wishes around contact with and from birth relatives, • Counselling and assistance with accessing and understanding more information about their history, • Counselling /advice about the implications of tracing and making contact, • Intermediary service between adopted adults and birth relatives, support groups and workshops.

11. Management of the Service

Structure as at April 2010

Interim Director of Childrens Services Eleanor Brazil Chief officer Children and Young people’s social care Jackie Wilson

11 Page 329 Interim Head of Service for Looked After Children Sue May from 26 th July 2010 Service Delivery manager and registered manager of the adoption agency Sarah Johal Team Manager Adoption Team Manager Adoption Lynne Buckle Judith Matthews Team Manager (new post created April 2010 still to be appointed to)

The City council appoints elected members to oversee the work of the Children and Young People’s Social Care and delegates certain responsibilities to the Chief Officer of Children and Young People’s Social Care .The Chief Officer, Jackie Wilson, has overall responsibility for the financial management, proper management systems and the safe care of children. The Department has appointed a registered manager for the fostering and for the adoption services, Sarah Johal, who is responsible to the Interim Head of Service, Yvonne Cherrrington who is, in turn, responsible to the Chief Officer for Children’s Services, Jackie Wilson, the nominated agency decision maker and Adoption Support Service Advisor (ASSA)

There are two adoption teams at present and these teams comprise of two geographically focussed teams managed by Lynne Buckle and Judith Matthews. One team leads on adoption support and the other team leads on recruitment and family finding. The team managers are responsible to the registered manager of the service. There is a third team which works undertakes some work with adoptive families, the Family Placement team, run for children with disabilities and their families city wide. This team works in conjunction with the adoption teams. All the managers are qualified social workers. The management group share responsibility for developing policy and procedure in line with national regulations and standards to ensure a high quality and responsive service.

There has been significant investment in the fostering and adoption service recently and a further adoption team is in the process of being developed. This will enable more recruitment work to be undertaken.

The Adoption service is based within Leeds Children and Young People’s Social Care Merrion House 110 Merrion Centre LEEDS 12 Page 330 LS2 8QB

Information about the Adoption Service can be accessed in a variety of ways including the recruitment line 0113 2474747 and different websites; Leeds City Council; via a link from the Yorkshire adoption consortium website.

All enquiries whether received by the recruitment phone line, email, internet or visit to the office are dealt with promptly.

12. Numbers, Qualifications and experience of staff

The Registered Manager, Sarah Johal has the following qualifications : CQSW 1990 (Newcastle Upon Tyne Polytechnic); MA Social Work and Social Care Sept 2001 (Bradford University); Advanced Award in Social Work April 2002 (General Social Care Council); Post Graduate Certificate in Applied Social Work Management 2007 (Leeds Metropolitan University). She has 20 years post qualification experience in child care, including 13 years in Adoption and Fostering. She has been a manager for 9 years within both child care and adoption and fostering services.

There are 17.5 qualified social workers working within the adoption service. All the social workers have a social work qualification, are registered with the General Social Care Council and have relevant experience within a children and families service. They all have at least one year post qualifying experience.

Administrative support is given by 4.5 admin support workers including the Adoption Archivist and panel administrator.

All Adoption Social Work staff are required to have a minimum of one year’s post qualifying experience within a Children and Families setting. The Authority has generally been successful in recruiting staff with considerably more than the minimum experience required and there is a range of experience among the staff.

13. Monitoring and Performance

13 Page 331 The Adoption Agency is monitored by external inspections carried out by OFSTED. The last inspection was in February 2008 and the report is available from the OFSTED website or the registration address as below or direct from this Service upon request. This judgement was good with outstanding for adoption support.

Regular feedback is received from the Adoption Panels and twice yearly meetings are held between the Management team, Panel chairs and Agency Decision maker. Statistical data is kept and the service provides an annual report to the Senior Leadership Team and members. Activity in the adoption service is measured against national targets on a regular basis . Issues arising from complaints are discussed and recommendations following complaints are implemented. There is a robust evaluation mechanism in place to receive feedback from adopters at key points in the adoption process. Within the coming year, systems will be further developed to seek feedback from all users of the Authority’s adoption services .

14 The Complaints Procedure

All prospective adopters engaging with the Agency and all birth parents of child for whom the Agency is planning adoption are provided with written information about Complaints Procedures, including contact details for the Complaints Officer.

All young people, for whom there is an adoption plan and who are of an appropriate age and understanding are likewise informed of the Complaints Procedures and also informed of the role of the Children’s Rights Service.

15 Details of the Registration Authority

OFSTED CONTACT DETAILS Ofsted NBU, 3rd Floor Royal Exchange Buildings St Ann’s Square Manchester M2 7LA Telephone: 08456 404040

Fax : 08456 404049 Email: [email protected] Web: www.ofsted.gov.uk Telephone 0845 6404040 14 Page 332

Matters of concern about this adoption service can be referred to OFSTED who will decide what action to take.

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Page 334 Agenda Item 27 Agenda Item:

Originator: Jackie Green

Telephone: 0113 2477163

REPORT OF THE CHIEF EXECUTIVE OF EDUCATION LEEDS

EXECUTIVE BOARD: 22 June 2010

SUBJECT: Design & Cost Report and Final Business Case. Building Schools for the Future Phase 2 – Farnley Park Maths and Computing College

EXECUTIVE SUMMARY

1.0 PURPOSE OF THIS REPORT

1.1 The purpose of this report is to request Executive Board to approve the Final Business Case for the Farnley Park Maths and Computing College Project and authorise submission to Partnerships for Schools (PfS). This report seeks the approval of the Executive Board to proceed with the design and build project for Farnley Park Maths and Computing College and to approve the Final Business case for the Farnley Park Maths and Computing College Project (‘Project’).

2.0 BACKGROUND INFORMATION

2.1 The Strategic Partnering Agreement (SPA) signed on the 3 rd April 2007, provided, contractually, for the Leeds Local Education Partnership (LEP) to benefit from a measure of “exclusivity”, subject to the terms set out in the SPA. These terms are encapsulated within the SPA in the New Projects Procedure. This Procedure requires that the LEP’s and Interserve’s design and cost proposals (amongst other matters) for Farnley Park Maths and Computing College must proceed, successfully through two approval stages. This Final Business Case will confirm that the proposals have successfully proceeded through these stages.

2.2 Farnley Park Maths and Computing College forms part of Leeds’ Building School for the Future (BSF) Programme and is in Phase 2. It will proceed as a Design and Build scheme.

2.3 The current school is an 11-18 secondary school with accommodation consisting of four detached blocks which have no physical connection, along with several units of temporary accommodation. Two blocks date back to 1960 with the remaining two dating from 1992 and 1998.

2.4 Farnley Park Maths and Computing College is one of the bases of the West Specialist Inclusive Learning Centre (West SILC) which also includes a High Care Partnership (HCP).

2.5 It is anticipated that the pupil numbers will be increasing to 1230 by 2014/15 from 1 Page 335 the current number of approximately 829.

3.0 RECOMMENDATIONS

3.1 The Executive Board is requested to:- Approve the submission of the Final Business Case for the Farnley Park Maths and Computing College Project to Partnerships for Schools (PfS)

2 Page 336 Agenda Item:

Originator: Jackie Green

Telephone: 2477163

REPORT OF THE CHIEF EXECUTIVE OF EDUCATION LEEDS EXECUTIVE BOARD: 22 June 2010

SUBJECT: Design & Cost Report and Final Business Case. Building Schools for the Future Phase 2 – Farnley Park Maths and Computing College

Electoral Wards Affected: Specific Implications For :

Equality & Diversity

Community Cohesion Farnley & Wortley √ Narrowing the Gap √

√ Eligible for Call-in Not Eligible for Call-in (Details contained in the Report)

1.0 PURPOSE OF THIS REPORT

1.1 The purpose of this report is to request Executive Board to approve the Final Business Case for the Farnley Park Maths and Computing College Project and authorise submission to Partnerships for Schools (PfS).

2.0 BACKGROUND INFORMATION

2.1 The Strategic Partnering Agreement (SPA) signed on the 3 rd April 2007, provided, contractually, for the Leeds Local Education Partnership (LEP) to benefit from a measure of “exclusivity”, subject to the terms set out in the SPA. These terms are encapsulated within the SPA in the New Projects Procedure. This Procedure requires that the LEP’s and Interserve’s design and cost proposals (amongst other matters) for Farnley Park Maths and Computing College must proceed, successfully through two approval stages. This Final Business Case will confirm that the proposals have successfully proceeded through these stages.

2.2 Farnley Park Maths and Computing College forms part of Leeds’ Building School for the Future (BSF) Programme and is in Phase 2. It will proceed as a Design and Build scheme.

3 Page 337 2.3 The current school is an 11-18 secondary school with accommodation consisting of four detached blocks which have no physical connection, along with several units of temporary accommodation. Two blocks date back to 1960 with the remaining two dating from 1992 and 1998.

2.4 Farnley Park Maths and Computing College is one of the bases of the West Specialist Inclusive Learning Centre (West SILC) which also includes a High Care Partnership (HCP).

2.5 It is anticipated that the pupil numbers will be increasing to 1230 by 2014/15 from the current number of approximately 829.

3.0 MAIN ISSUES

3.1 Design Proposals / Scheme Description

The Farnley Park project comprises of 63% new build and 37% refurbishment and will be procured through the Leeds Local Education Partnership (LEP). It will be procured as a Design and Build (D&B) using conventional funding. A high care partnership base (part of the West SILC) for children with profound and multiple learning difficulties is included in this scheme.

The current capacity is 1200 places but upon completion of this project it will increase to 1230. The breakdown will be as follows:

1050 - 11 to 16 150 - Post 16 30 - Special Educational Needs (SEN)

A Design Brief has been developed which reflects both Education Leeds’ and the School’s requirements in relation to design, functionality and service. This was used to inform the initial design options. Furthermore, Mark Burgess, (the Council’s Design Champion) who has responsibility for ensuring that the buildings are consistent with Leeds City Council guidelines and for consulting with representatives from Leeds Architectural Design Initiative (LADI), Commission for Architecture and the Built Environment (CABE), Leeds City Council Planners and Education Leeds has been involved.

The desired aims and outcomes for the scheme can be summarised as follows:

• Farnley Park Maths and Computing College will be a high achieving school providing a curriculum that will help young people to feel empowered and optimistic about their future, allowing all young people to follow their individual learning pathways and thereby gaining high self esteem through achieving success

• The school will be a model of good practise for inclusion where all children and young people with a variety of needs achieve success and have access to the highest quality of education regardless of their background or disability

• It will be an e-confident school with ICT embedded in all teaching and learning to support it’s specialism

4 Page 338 • The school’s extended services agenda will be developed through strengthening Community links and use of the high quality facilities for out of school provision

• There will be a range of different learning environments to support personalised learning and the 14-19 agenda.

These have been captured during the design and development process and the current design achieves these aims.

The Children’s Services Project Board and Strategic Investment Board have reviewed the Final Business Case and recommended submission to PfS.

3.2 Consultations

The Design Development meetings and consultations which have taken place have provided a forum for the wider stakeholder interests associated with the project during the procurement process. The management team at Farnley Park Maths and Computing College have been actively involved with the City Council’s Project Team as well as Education Leeds, the LEP and Interserve to ensure that the design of the school will meet their aspirations relating to design, functionality, and service.

The School and the Governing Body have been regularly consulted on the development of the Output Specifications and on design development as part of the Communication and Consultation Strategy.

The designs were prepared and developed with reference to relevant guidance (DCSF building bulletins, Commission for Architecture and the Built Environment (CABE), Sport England etc.) in order to ensure that Farnley Park Maths and Computing College will meet the transformational agenda inherent in the Building Schools for the Future Programme.

The Final Business Case has been reviewed by the Children’s Services Project Board and Strategic Investment Board.

The Outline Planning Application was approved on 19 March 2007 and the Reserved Matters Application was submitted on 12 March 2009. The City Council is confident that Reserved Matters will be approved prior to Financial Close. The Project Team, the LEP and Interserve have worked closely with Planning Officers.

Executive Board has previously (22 August 2007 and 9 December 2009) authorised scheme expenditure from capital scheme number 13372 for Farnley Park Maths and Computing College

3.3 Programme

The key project milestones for Farnley Park Maths and Computing College are summarised in the table below.

5 Page 339 KEY MILESTONE DATE Executive Board Approval of the 22 August 2007 Outline Business Case for Phases 2 and 3 of Wave 1 Approval of the Outline Business Case 12 February 2008 for Phases 2 and 3 of Wave 1 by PfS Successful progress of Farnley Park 22 January 2010 Maths and Computing College proposal through Stage 1 of the New Projects Procedures SIB Approval of the FBC 21 May 2010 Executive Board Approval of the 22 June 2010 Capital Works Pro-forma Successful progress of the Farnley 30 July 2010 Park Maths and Computing College proposal through Stage 2 of the New Projects Procedures Commercial and Financial Close 6 August 2010 Construction commencement November 2010 Construction Complete July 2012

4.0 IMPLICATIONS FOR COUNCIL POLICY AND GOVERNANCE

4.1 The Farnley Park Maths and Computing College project will impact on the ‘Narrowing the Gap’ and ‘Going up a League’ agendas. Schools in Leeds have the potential to contribute to these ambitious targets to meet key priorities within the Children and Young People’s Plan and the work on the Local Area Agreement.

Separate discussions are being held with the school Governors to consider the most appropriate future governance model to address the National Challenge agenda. The FBC is not affected by these negotiations.

The Director of Children’s Services (or delegee) now has the powers (delegated under section 3E of the Constitution (Officer Delegation Scheme)) to award a Design and Build Contract under BSF where the Director is satisfied that the project remains within the affordability and other tolerances approved by the Executive Board.

5.0 LEGAL AND RESOURCE IMPLICATIONS

5.1 The period between Stage 2 of the New Projects Procedure and Commercial and Financial Close, programmed for 06 August 2010, will be utilised by the City Council, the LEP and Interserve to prepare contract documents.

5.2 Scheme Design Estimate

Estimated costs for this scheme have been reviewed and validated by an external qualified cost consultant based on an approved costing system, using previous schemes cost information and industry knowledge, to ensure value for money is achieved.

6 Page 340 The construction cost and total budget envelope of the project is £23,000,000, subject to PfS approval of the FBC, with £345,000 of associated authority works.

The construction cost of £23,000,000 includes £20,748,000 of BSF funding and £914,000 local authority funding, authorised by Executive Board on 22 August 2009, with a further £1,338,000 of local authority funding authorised by Executive Board on 09 December 2009. This further amount was reallocated to this project from across other areas of the BSF programme.

The associated authority works cost of £345,000 was authorised by Executive Board on 22 August 2009.

5.3 Capital Funding and Cash Flow

Previous total Authority TOTAL TO MARCH FORECAST to Spend on this scheme 2010 2010/11 2011/12 2012/13 £000's £000's £000's £000's £000's CONSTRUCTION (3) 23000.0 775.6 8506.9 12110.0 1607.5 FURN & EQPT (5) 0.0 0.0 0.0 0.0 0.0 DESIGN FEES (6) 0.0 0.0 0.0 0.0 0.0 OTHER COSTS (7) - Auth Works 345.0 4.0 341.0 0.0 0.0 TO TA LS 23345.0 779.6 8847.9 12110.0 1607.5

Authority to Spend TO TAL TO M ARCH FORECAST required for this Approval 2010 2010/11 2011/12 2012/13 £000's £000's £000's £000's £000's CONSTRUCTION (3) 0.0 0.0 0.0 0.0 0.0 FURN & EQPT (5) 0.0 0.0 0.0 0.0 0.0 DESIGN FEES (6) 0.0 0.0 0.0 0.0 0.0 OTHER COSTS (7) 0.0 0.0 0.0 0.0 0.0 TO TA LS 0.0 0.0 0.0 0.0 0.0

Total overall Funding TO TAL TO M ARCH FORECAST (As per latest Capital 2010 2010/11 2011/12 2012/13 Programme) £000's £000's £000's £000's £000's

Sub 01 LCC Funding (Construction) 2252.0 0.0 0.0 2252.0 0.0 Sub 01 LCC Funding (Ath Works) 345.0 4.0 341.0 0.0 0.0 Sub 39 SCE 'C' - PfS 17969.0 775.6 8506.9 8686.5 0.0 Sub 41 SCE 'R' - PfS 2779.0 0.0 0.0 1171.5 1607.5

Total Funding 23345.0 779.6 8847.9 12110.0 1607.5

Balance / Shortfall = 0.0 0.0 0.0 0.0 0.0

Scheme Title : Building Schools for the Future Phase 2 – Farnley Park Maths and Computing College Parent scheme number : 13372 (BSF Phase 2)

5.4 Revenue Effects

Procurement costs (approx £628,000), for the project will be met from Education Leeds’ budgets.

5.5 Risk Assessments

Operational risks will be addressed by effective risk management procedures as outlined in the PPPU governance procedures.

7 Page 341 The outline risks to the project are:

• Scheme becomes unaffordable or de-scoping required due to poor quality design, cost control or construction cost overruns. The council is working closely with the LEP and its supply chain to ensure early identification of issues and have developed a robust and thorough evaluation process.

• Changes in Government policy could result in a need to re-scope or cancel the project. Central government generally gives advance warning of changes. Strategic policy changes are being monitored to ensure changes can be managed.

• Failure to engage with all relevant stakeholders including ward members, in a manner appropriate to their involvement in the scheme. Key stakeholders have been identified and a Communications plan implemented which includes regular briefing of Ward members to maintain their support.

• The Council may require changes to the design during procurement, construction and operation, leading to additional costs. A Change process has been developed and implemented along with Design Meetings to ensure the design proposals are within agreed funding envelope and specification.

6.0 CONCLUSIONS

6.1 The budget envelope for the project is £23m of funding. Subject to PfS approval of the FBC, the Council will enter into a contract for this project.

7.0 RECOMMENDATIONS

7.1 The Executive Board is requested to:

Approve the submission of Final Business Case for the Farnley Park Maths and Computing College Project to Partnerships for Schools (PfS)

8.0 BACKGROUND PAPERS

Executive Board Report - Proposed Variations to the BSF Capital Programme – 09 December 2009

Executive Board Report – Submission of the Outline Business Case for BSF Phase 2 & 3 – 22 August 2007

The final business case is included with Board Members copies only; however, copies can be obtained from the clerk named on the agenda.

8 Page 342 Agenda Item 28

Agenda Item:

Originator: Stuart Gosney Telephone: 07891 274700

REPORT OF THE CHIEF EXECUTIVE OF EDUCATION LEEDS

EXECUTIVE BOARD: 22 June 2010

SUBJECT: Outcome of the consultation on the proposals for the West Leeds SILC

EXECUTIVE SUMMARY

1.0 PURPOSE OF THIS REPORT

In December 2009 the Executive Board approved formal public consultation on the relocation of the West SILC modular building at Farnley Park Maths and Computing College to Bruntcliffe High School as part of the BSF project for Farnley Park

This report details the outcome of these consultations, and outlines an alternative proposal formulated in response to the feedback received.

2.0 BACKGROUND INFORMATION

2.1 The West SILC is one of five community special schools in Leeds. It provides for a range of complex special educational needs for children on whom the local authority maintains a statement of special educational needs (Education Act 1996) either on one of two main sites or in mainstream partnership bases. One of the main sites is a modular building co- located with the Farnley Park Maths and Computing College.

2.2 Farnley Park Maths and Computing College is in the process of receiving a major extension and refurbishment of its buildings as part of the BSF programme that is due to commence works on site in October 2010. This will provide a state of the art 21 st century learning environment that includes specialist facilities for young people with complex needs in a high care partnership base.

2.4 An alternative proposal was developed in response to the consultation. This is to transfer the pupils from the West SILC Farnley Park building to the other main West SILC site at Milestone.

3.0 RECOMMENDATIONS

3.1 The Executive Board is recommended to:

(i) note the outcome of formal public consultation on the relocation of the West SILC modular building at Farnley park Maths and Computing College to Bruntcliffe High School; and

3.2 to note the alternative proposal formulated in response to the public consultation to make provision for the pupils currently educated on the Farnley Park site at the West SILC Milestone site.

Page 343

ITEM No:

Originator: Stuart Gosney

Tel: 07891 274700

REPORT OF THE CHIEF EXECUTIVE OF EDUCATION LEEDS

EXECUTIVE BOARD: 22 June 2010

SUBJECT: Outcome of the consultation on the proposals for the West Leeds SILC

Electoral Wards Affected: Specific Implications For:

Morley North, Morley South, Farnley, Equality & Diversity x

Armley, Bramley & Stanningley

Community Cohesion

Narrowing the Gap

Eligible for Call-in ü Not Eligible for Call-in

1.0 PURPOSE OF THIS REPORT

1.1 In December 2009 the Executive Board approved formal public consultation on the relocation of the West SILC modular building at Farnley Park Maths and Computing College to Bruntcliffe High School as part of the BSF project for Farnley Park.

1.2 This report details the outcome of these consultations, and suggests an alternative proposal formulated in response to the feedback received.

2.0 BACKGROUND INFORMATION

2.1 The West SILC is one of five community special schools in Leeds. It provides for a range of complex special educational needs for children on whom the local authority maintains a statement of special educational needs (Education Act 1996) either on one of two main sites or in mainstream partnership bases. One of the main sites is a modular building co- located with the Farnley Park Maths and Computing College.

2.2 Farnley Park Maths and Computing College is in the process of receiving a major extension and refurbishment of its buildings as part of the BSF programme. Work is due to commence on site in October 2010. This will provide a state of the art 21 st century learning environment that includes specialist facilities for young people with complex needs in a high care partnership base.As such potentially disruptive building work commences vulnerable young people at the West SILC need to be educated in an alternative safe and secure learning environment.

2.3 Improvement of the West SILC is part of the vision within the Leeds Inclusive Learning Strategy. The vision for the West wedge includes the following new BSF facilities that are collocated on mainstream sites:

Page 344 - Swallow Hill Community College. Integrated resource for 30 pupils with learning and communication difficulties. Opened in September 2009. These pupils are not on the roll of the West SILC. - Priesthorpe School. Integrated resource for 30 pupils with learning difficulties. Fully open in April 2011. Pupils will remain on the roll of the West SILC. - Farnley Park Maths and Computing College. High care partnership base for 30 pupils with complex needs. Open in September 2012. Pupils will remain on the roll of the West SILC.

3.0 MAIN ISSUES

3.1 At its meeting on 9 December 2009 the Board agreed to consult on the proposal that the West SILC Farnley Park modular provision move permanently to Bruntcliffe High School in Morley. The consultation for the Bruntcliffe High School proposal ran from 4 th January to 12 th February 2010. The consultation document set out: - what the consultation was about - why the West SILC provision at Farnley Park had to move - why the proposal to move to Bruntcliffe High was preferred - how people could comment

3.2 The document was made available to parents through the schools and local libraries, and via the Education Leeds website. It was distributed to all members, the Church of England and Catholic dioceses, trade unions, and neighbouring authorities. All Ward Members in the West have been offered the opportunity to meet to discuss the proposal.

3.3 In addition to informal discussions with the relevant schools public meetings were held at both the West SILC and Bruntcliffe High schools. Ward members were also briefed and consulted with on these proposals through the South Area Committee meeting. Individual briefings have taken place with Farnley Ward members A consultation meeting was held for all West SILC staff.

3.4 The document gave details of how to respond, and the subsequent processes that would be followed and further opportunities to comment or influence decisions prior to a final determination. These issues were also explained at the public meetings. It was made clear that views were being sought prior to any decisions being taken and these would be reported back to the Executive Board.

3.5 Full details of the responses received can be found in Appendix 1. A summary of the issues raised is provided below.

3.6 Summary of Issues Raised

3.6.1 A total of 206 written responses were received during the public consultation of which 6 were in support of the proposal, 4 expressed no preference and 196 were against. The objections of those against came mainly from the parents of current Bruntcliffe pupils and included: - there is no benefit to Bruntcliffe High and it could adversely affect standards there - it could increase behavioural issues - it could create traffic and highway problems - other options should be considered - Bruntcliffe should be for local children - SILC provision is becoming too fragmented - provision should remain in the West - co-location on a mainstream site is not appropriate for all of the SILC pupils - medical services will be affected by a new location - travel distances and journey times would be too long for children living in the west wedge.

3.6.2 West SILC Governing Body

Page 345 3.6.3 The Governing Body discussed this at its meeting on 10 December 2009. On balance the governors felt that the proposal offered a suitable alternative for the pupils. It would be co- located with a mainstream high school that had an inclusive reputation and had the potential to develop shared practices that could become a beacon of good practice.

3.6.4 Concerns were expressed about travel distances and journey times, the location of facilities outside the West wedge and the long term viability of SILC provision in both the South and West. Governors agreed to work with Education Leeds to resolve these concerns for the good of the pupils

3.6.5 Bruntcliffe High School Governing Body

3.6.6 The Governing Body discussed this at its meeting on 21 January 2010.

3.6.7 The governors were sympathetic to the needs of the West SILC. However, they felt that at this time the co-location of a SILC unit on the site would distract the school from its main aim of improving standards for its own pupils. There were also concerns about alternative uses for the land on which the SILC building would be sited.

3.6.8 Outer South Management Committee

3.6.9 Members stated that they were in support of the Bruntcliffe High School Governing Body views. Concern was expressed that the proposal could be a distraction to Bruntcliffe High School and there would be an increase in transport times and cost.

3.6.10 Farnley Ward Members

3.6.11 Local Members raised reservations about the already congested Farnley Park site if the modular buildings remained on the site of the school. Concerns centred on the increase in pupil numbers at the school and the problems associated with overspill parking for both residents and the local primary school, the grounds of which adjoin the high school grounds.

3.6.12 West SILC Public Meeting

3.6.13 There were approximately 30 attendees, mainly parents of West SILC pupils. The response to the proposal was generally positive on the basis that: - the pupils remained with their current staff and friends - they would move to an inclusive welcoming school - the unit would be separate and secure

However, concerns were voiced on the following main issues: - it would increase travelling times for the majority of pupils and current transport arrangements would need to be reviewed and amended - preference for alternative provision to remain in the West wedge - dispersed provision over a number of sites - parental choice rather than having to accept a transfer to Bruntcliffe

3.6.14 West SILC Staff Meeting

Amongst the staff there was an acceptance that the Bruntcliffe High School proposal offered good opportunities for the pupils and for that reason staff would work with Education Leeds to ensure that quality provision was maintained. Staff were assured that there were no plans to close the SILC.

Other issues causing concern were: - not enough notice given to plan the new provision - travel distances and times - Bruntcliffe is not local for most pupils and is not in the West wedge

Page 346 - the amount of space available at Bruntcliffe - some staff being unable to make reasonable travel arrangements - the possibility that there might be in future a merger of the West and South SILCs

3.6.15 Bruntcliffe High School Public Meeting

3.6.16 16 members of the public were present. The main issues that were raised were:

- the proposal and the public meeting have not been sufficiently advertised in the local area - there is insufficient space on site - there are concerns about co-location with a SILC - potential for behaviour in school to deteriorate

6.6.17 In response to some of the concerns raised the Governors of Bruntcliffe High School held another parents meeting but there is no record of the discussion.

3.7 Alternative Proposal in Response to the Consultation

3.7.1 Consideration has been given to some of the concerns raised during the consultation. An alternative proposal has been developed for pupils from the West SILC Farnley Park building to be transferred to the other main West SILC site at Milestone.

3.7.2 This proposal depends upon the temporary provision of specialist accommodation on the Milestone site to deliver art, science, food and design technology and other ancillary facilities. These do not exist on the site at the moment. It will require some reconfiguration of existing teaching spaces to make best use of available rooms and to form a link to the new facilities. The new facilities will be provided in modular accommodation that will be specifically designed to be flexible so that it can be re-used in the future.

3.7.3 The new modular accommodation will be procured through the Strategic Partnering Agreement with the Local Education Partnership as part of the BSF programme. It is estimated that the cost of the provision of accommodation on the Milestone site will be approximately £0.5m. This is in line with a new modular accommodation framework contract that has been negotiated by Education Leeds .

3.7.4 Planning applications will be required

3.9 Benefits of the Proposal

3.9.1 Although this proposal does not offer co-location with a mainstream secondary school it does have a number of other advantages, namely: - the majority of the pupil and staff group could remain together if parents prefer this provision - it consolidates the West SILC on the Milestone site and creates economies of scale - it provides specialist facilities on the Milestone site that benefit all of the young people not just those from the Farnley Park unit.

the existing modular unit at Farnley Park could be used to benefit the BSF project at that school.

3.9.2 Interim reviews will be held with the parents of all pupils affected by the transitional arrangements. The outcome of these will be an agreed placement that is appropriate for the needs of each individual child.

3.10 The Legal Implications

3.10.1 There are no legal implications of expanding the Milestone site..

Page 347

3.11 Implementation

3.11.1 A detailed plan for the Milestone site has been worked up with the senior staff of the West SILC in consultation with stakeholders, including governors , local members and planners. It has been submitted for planning approval and is currently going through the statutory planning process. The agreed solution will be developed and delivered by Education Leeds and Leeds City Council through their established project management procedures as part of the BSF programme for Farnley Park. The LEP has undertaken to deliver the new provision on the Milestone site.

4.0 RESOURCE IMPLICATIONS

4.1 The capital cost of this proposal is estimated to be £0.5m for the modular accommodation to provide specialist facilities and £0.25 for the work to connect the accommodation to the existing building and adapt the site to secure planning permission. These costs will be resourced through the Leeds BSF Programme budget. The revenue will be met from the existing West SILC budget.

5.0 RECOMMENDATIONS

5.1 The Executive Board is recommended to:

(i) note the outcome of formal public consultation on the relocation of the West SILC modular building at Farnley Park Maths and Computing College to Bruntcliffe High School; and

5.2 (ii) note the alternative proposal formulated in response to the public consultation to make provision for the pupils currently educated on the Farnley Park site at the West SILC Milestone site.

6.0 BACKGROUND REPORTS

(1) 9 December 2009 Executive Board. Proposal to relocate the West SILC from the Farnley Park site under Building Schools for the Future.

(2) Public consultation document. Proposal to relocate West SILC (Victoria Park) provision.

7.0 APPENDICES

7.1 Appendix 1-List of consultees

Page 348

APPENDIX 1

List of consultees

The following persons or bodies were consulted: Consultee Consultation method Letter to each plus booklet distributed via school, Parents of West SILC pupils posters advertising public meetings Letter to each distributed via school ooklets in school, posters advertising public meeting. School arranged second letter plus booklet and held a Parents of Bruntcliffe pupils second meeting LCC Councillors Explanatory letter plus booklet electronic link to document. Those directly affected MPs also received a hard copy Education Leeds board documents electronic link to document and request to cascade Education Leeds Heads of Service to colleagues LCC Leadership Team electronic link to document Neighbouring LAs electronic link to document Locality Enablers electronic link to document Area Managers electronic link to document Leeds Racial Equality Council electronic link to document Leeds Chamber of Commerce electronic link to document Trades Unions electronic link to document Catholic diocese electronic link to document and hard copy C of E diocese electronic link to document and hard copy Other SILC principals Electronic link to document Children’s Services Leadership Team Electronic link to document All libraries in West Leeds and those within 2 miles of Bruntcliffe documents and posters Bruntcliffe family of schools and all Booklets, response forms, letter to head requesting schools in West wedge promotion of consultation to school community Learning and Skills Council Electronic link to document 2 meetings, 1 additional at Bruntcliffe. Education Public Leeds and LCC websites, media and local libraries Outer South Area Management meeting Staff & Governing body of West SILC Governing Body of Bruntcliffe meeting

Summary of written responses

Respondent Local Member School Parent Resident of staff Governor Other Total West SILC 1 1 2 Bruntcliffe 177 2 11 3 11 204 Total 178 2 11 3 12 206

The minutes from both of the Public consultation meetings are available at www/educationleeds/schoolorganisation

Page 349 This page is intentionally left blank

Page 350 Agenda Item 29 Agenda Item:

Originator: Jancis Andrew

Telephone: 2475793

REPORT OF THE CHIEF EXECUTIVE OF EDUCATION LEEDS

EXECUTIVE BOARD: 22 June 2010

SUBJECT: Response to Scrutiny – Attendance Strategy

Electoral Wards Affected: Specific Implications For:

Equality & Diversity

Community Cohesion

Ward Members consulted Narrowing the Gap üüü (referred to in report)

Eligible for Call-in Not Eligible for Call-in (Details contained in the Report)

1.0 PURPOSE OF THIS REPORT

The final statement of the Children’s Services Scrutiny Board's inquiry on Attendance was agreed by the Scrutiny Board on 25 March 2010. This report outlines the proposed responses to the recommendations required for approval by 1.1 the Executive Board. The report asks the Board to approve the proposed responses.

2.0 BACKGROUND INFORMATION

The Children’s Services Scrutiny Board originally identified school attendance as a key area at the start of the 2008/9 municipal year. As a result the Scrutiny Board 2.1 appointed a small working group to consider current performance and strategies in relation to school attendance.

The working group met in April 2009 and subsequently reported back to the full Scrutiny Board, where it was agreed to receive a further report on the progress of the Attendance Strategy and development of the Behaviour and Attendance 2.2 Partnerships by the end of the calendar year. This further meeting took place in November 2009 and the full Scrutiny Statement on Attendance is attached as Appendix 1. The Statement makes five recommendations for the Chief Executive of 1 Page 351 Education Leeds.

3.0 MAIN ISSUES

Below are listed the five recommendations with a response from the Chief 3.1 Executive of Education Leeds.

3.2 Recommendation 1 – That the Chief Executive of Education Leeds works with Area Inclusion Partnerships to ensure that attendance and behaviour targets are embedded in all area plans.

3.2.1 The Attendance Strategy Team have realigned resources to enable the appointment of an Attendance Data Management Officer to enable regular monitoring/ analysis/reporting on persistent absence and attendance by wedge/ cluster/ school.

3.2.2 All high schools, the Area Inclusion Partnerships and all children’s services share the responsibility for achieving the DCSF goal of no more than 5% persistent absence across the authority by the end of 2011. In order to support progress to this goal, all high schools and wedge areas have been provided with individual targets for persistent absence to enable Leeds to achieve this goal.

3.2.3 Education Leeds officers have been working with Area Inclusion Partnerships to secure an appropriate framework for targets for improving attendance, and reducing persistent absence and exclusions. The Area Inclusion Partnerships carry out the statutory functions of the Behaviour and Attendance Partnership and are an integral part of the local Children’s Trust Board. Data will be provided for each partnership to secure an adequate baseline and set appropriate targets for September 2010. Once agreed, progress towards these targets will be monitored on a regular basis.

3.2.4 Good progress will be identified and successful intervention will be shared with other areas. Where progress is less than satisfactory, partnerships will be expected to review their strategic approaches and see how their local plans can be adapted to bring about more rapid improvements.

3.3 Recommendation 2 – That the Chief Executive of Education Leeds ensures that parents, schools and governors continue to be reminded that term time holidays are discouraged.

3.3.1 Following the lead taken by the North West area which reduced the overall number of days lost to holidays, more clusters and families of schools are adopting consistent holiday in term time policies across primary and high schools.

3.3.2 The Attendance Strategy Team support schools by using penalty notices in instances of excessive, unauthorised holidays in term time. Analysis on the impact of holidays in term time is shared with schools and area partnerships.

3.3.3 The policy on extended leave is being reviewed and updated. Once this has been completed, information will be sent out to all schools and key partners reminding then of the importance of regular school attendance and the impact holidays in school time has on learning.

2 Page 352 3.3.4 The Attendance Strategy Team utilises a variety of media to communicate with schools, parents and governing bodies e.g. press, radio, campaigns, newsletter, bulletin etc.

Recommendation 3 - That the Chief Executive of Education Leeds reports back to us on the range of mechanisms used to ensure that local and 3.5 national good practice in tackling persistent absence is systematically disseminated and replicated across the authority .

3.5.1 The Attendance Strategy Team and National Strategies facilitate termly network events for all secondary Attendance Leaders which share key messages from national and local perspectives as well as offering schools making good progress the opportunity to share their expertise.

3.5.2 The head of service also attends regional National Strategies events and disseminates key developments across the Attendance Strategy Team, Education Leeds and schools via network events, whole school attendance reviews. and through internal strategy meetings with National Strategy advisors

3.5.3 Of the current twenty two persistent absence target schools, fifteen have made positive progress within the last school year. In the remaining schools, whole school attendance reviews will continue to support schools to improve.

The head of the Attendance Strategy team is arranging to conduct an attendance 3.5.4 review in one of Leeds’ highest performing schools to identify models of best practice to share with all other schools.

The head of the Attendance Strategy team meets regularly with the Regional 3.5.5 National Strategies Behaviour and Attendance Adviser to review Leeds’ progress and to make use of learning from other authorities.

The Attendance Strategy Team Attendance Advisers review action plans in all 3.5.6 target high schools on a half termly basis. Action plans are also embedded at primary level, according to need i.e. numbers of persistent absentees.

The head of the Attendance Strategy Team regularly meets with School 3.5.7 Improvement Partners and Advisers to enable adequate support and challenge to schools.

The Attendance Strategy Team and National Strategies are currently running a 3.5.8 pilot across 15 targeted primary schools to enhance Social and Emotional Aspects of Learning (SEAL) to impact specifically on attendance and persistent absence. This work is supported by regional and national Behaviour and Attendance and SEAL Advisers.

Leeds has secured arrangements with Prospectus and has provided a menu of 3.5.9 support for April 2011 when National Strategies cease to exist.

3.6 Recommendation 4 – That the Chief Executive of Education Leeds ensures that all governors are reminded of the importance of focusing on attendance .

3.6.1 The Attendance Strategy Team delivers training for governors twice yearly and reports on key issues using the governor’s bulletin.

3 Page 353 3.6.2 Education Leeds will ensure that all schools have a named governor for attendance. The role of the governor will be to monitor school based initiatives such as fast tracking and school advisory panels.

3.6.3 Key messages about the revised children’s services and safeguarding have been disseminated through area governing body meetings. Regular updates will continue to ensure that attendance remains a high priority for all governors.

3.7 Recommendation 5 – That the Scrutiny Board’s statement is circulated to all councillors who are school governors to encourage them to look at their own schools’ approach to attendance management.

Education Leeds agrees that the Scrutiny Board statement is to be circulated to all Councillors who are school governors. Following the Scrutiny Board meeting the Attendance Strategy Team made arrangements for a Councillor to attend a whole school attendance review at their school. Given the positive feedback from the 3.7.1 Councillor about their participation in the process and the insight they were able to obtain into the school’s approaches for managing absence, the Attendance Strategy Team welcome further opportunities for other councillor-governors to attend reviews in the future.

4.0 IMPLICATIONS FOR COUNCIL POLICY AND GOVERNANCE

There are no anticipated implications for council policy and governance as a result 4.0.1 of this report.

5.0 LEGAL AND RESOURCE IMPLICATIONS

5.0.1 There are no legal or resource implications as a result of this report.

6.0 RECOMMENDATIONS

The Executive Board are asked to approve the proposed responses to the recommendations of the Scrutiny Board.

Background Papers

(Please note: a list of all Background Papers referred to during the compilation of the report must be listed here. If no Background Papers have been referred to, this should be reflected here ) Scrutiny Board (Children’s Service) – Scrutiny Statement Attendance – March 2010 (Appendix 1)

4 Page 354 Scrutiny Statement

Attendance

Scrutiny Board (Children’s Services) March 2010

Page 355 2 Statement on Attendance Published March 2010 Page 356 Introduction and Scope

Introduction 1. The Children’s Services Scrutiny Board originally identified school attendance as a key area on which it wished to undertake some work at the start of the 2008/9 municipal year.

2. Levels of school attendance in Leeds have been a cause for concern for a number of years. Although progress has been made, and the gap between attendance levels in Leeds and nationally has reduced, the issue remains a priority area for improvement.

3. As a result the Scrutiny Board appointed a small working group to consider current performance and strategies in relation to school attendance, and to determine whether the Board should carry out any further work.

4. The working group met in April 2009 and subsequently reported back to the full Scrutiny Board, where it was agreed to receive a further report on the progress of the Attendance Strategy and development of the Behaviour and Attendance Partnership by the end of the calendar year.

5. This further meeting took place in November 2009. The working group’s findings, which were endorsed by the full Scrutiny Board, are presented below.

3 Statement on Attendance Published March 2010 Page 357 Conclusions and Recommendations The aim of these thresholds was to Persistent absence secure a trajectory for local authorities to achieve the national target of 5% by 6. One of the first things that we learned in the end of 2011. carrying out this piece of work was that the focus in tackling attendance is 10. In 2007/8 there were 18 target increasingly directed towards reducing secondary schools in Leeds and the persistent absence – defined as those levels of persistent absence in these pupils who miss an average of at least a schools fell by double the amount of the day per week of school. reduction seen in Leeds overall.

7. The working group was made aware 11. In 2008/9 there were 22 target that historically school attendance had secondary schools in Leeds, and the been measured and monitored using authority was classified as an intensive truancy levels (unauthorised absences). authority which would receive support However, in more recent years there from the DCSF. The Attendance has been a shift in emphasis towards Strategy team worked closely with other examining the level of persistent agencies to provide intensive targeted absence, which records levels of pupil support and challenge to target non-attendance at 20% or more. It was persistent absence in secondary highlighted that analysis has continued schools. to demonstrate that persistent absentees attain significantly less than 12. Primary school attendance levels in those with better attendance. Leeds are only slightly below national levels. However persistent absence is 8. In the autumn and spring terms of also an emerging focus in the primary 2006/7, 4,055 (9.8%) of secondary sector. In 2008/9 the DCSF introduced school pupils in Leeds were persistent primary school persistent absence absentees. This reduced to 7.9% in targets. 91 Leeds primary schools which 2007/8. However attendance overall had persistent absence rates above the was still 2.5% below the national national level of 2.4% were designated average. by the DCSF as target schools. The inclusion of primary target schools has 9. It was outlined that the Department for increased pressure on resources. This Children, Schools and Families (DCSF) was in the context of a total of 265 introduced national thresholds, above schools citywide. which a school would be classified as a persistent absence target school in 13. It was reported that currently there were 2007/08. The thresholds are: approximately 5,000 persistently absent pupils across the city. However, as part x 2006/07 – 10% of the regular progress monitoring, in x 2007/08 – 9% April 2009, 18 of the 22 targeted schools x 2008/09 – 7% were showing positive performance in x 2009/10 – 6.1% relation to reducing persistent absence.

4 Statement on Attendance Published March 2010 Page 358 Conclusions and Recommendations

14. Reference was made to the Attendance x the impact on pupil behaviour of and Exclusion Annual Report 2007/08, consistently applied school policies on with the following key points being learning and teaching; and highlighted: x the links between behavioural x School attendance (primary and standards, special educational needs secondary) had improved by 0.2% – (SEN) and disabilities. representing an additional 23,000 school days attended; 18. The working group was advised that many secondary schools (nationally x Attendance in Leeds secondary around 98%) currently participated in schools was at its highest ever level, Behaviour and Attendance Partnerships with the 0.71% improvement on a voluntary basis. The existence and representing the largest single operation of such partnerships was to increase in any one year; become mandatory through the x Permanent exclusion rates had fallen Apprenticeships, Skills, Children and by 69% since 2003/04; Learning Act, with a significant development being that all secondary x Fixed term exclusion rates had fallen schools (including academies) would be by 38% since 2003/04. required to be part of such arrangements. Strategy development 19. It was recognised that such partnerships 15. At the time of the first working group were likely to have a key role in meeting in April a new Attendance continuing to improve school attendance Strategy was being developed. We were and help to identify and share best told that it should be completed by the practice. The role and involvement of end of July 2009. other partner agencies in maintaining a clear focus on pupil attendance was 16. The importance of multi-agency working also recognised. was stressed, to address the underlying reasons for persistent absence and bring about improvements in Managing irregular attendance. school attendance

17. It was reinforced that school attendance 20. Attendance Advisers make regular visits should not be considered in isolation to high schools and review data, policy from other factors that impact on pupils’ and practice using a variety of tools, and learning. It was reported that Sir Alan agree action plans for the school to Steer’s Behaviour Review Interim report tackle problems with persistent published in February 2009 emphasised absence. the relationship between behaviour and attendance. Specifically, the report 21. We learned about the 6-stage process commented on: used for managing attendance in Leeds. In recognising the importance of regular x how school behaviour and attendance attendance at school, alongside the partnerships might be developed so well-documented negative impact on as to maximise their effectiveness; attainment that can occur due to

5 Statement on Attendance Published March 2010 Page 359 Conclusions and Recommendations persistent absence, the working group 25. However, it was recognised that while sought assurances over the timescales schools clearly had an important role associated with each stage of the some issues remained significant process. We were keen to ensure that barriers for many schools across Leeds, all interventions were occurring in a including term-time holidays and, to a timely fashion. lesser extent, extended family holidays. 22. We also raised some concern that an Areas for development ever widening brief, within the context of a fixed resource within the Attendance 26. We noted that the 2007/8 annual Strategy team, could have a negative attendance and exclusion report impact on the effectiveness of the detailed priorities for the coming year. In approach in recent years. addition to the issues already discussed, the following areas were highlighted: 23. It was confirmed that careful targeting of resources (between primary and x Work with School Improvement Partners secondary schools) was key to the (SIPs) to ensure all schools set overall success of the Attendance aspirational targets for attendance and Strategy team. It was also stressed that persistent absence; in order to maintain the success of x Explore with schools and Performance recent years, it was essential that pupil Management the possibility of collecting attendance was taken seriously at a pupil level attendance data regularly at leadership level within a school. an area/cluster level in order to target multi-agency support at an earlier stage; The role of schools x Work with partners to establish local multi-agency panels with a clear remit of 24. The working group were reminded that it analysing pupil level data and targeting was important to recognise the resource, and realign available significant role and responsibility of resources to create multi-agency individual schools in promoting support teams; attendance. Approaches should include: x Identify Attendance Champions in all x Ensuring behaviour and attendance services to deliver improved outcomes; are school priorities; x Develop local service referral and x Targeting interventions, with a move delivery models to meet the Children towards more personalised learning; and Young People’s Plan outcomes and x Engaging more with pupils’ lives – priority 4 LILS – Locality working; recognising that poor attendance is often a symptom (rather than a cause) x Increased resources had been made of wider issues; available to support the Social and Emotional Aspects of Learning (SEAL) x Providing a broad and varied programme for primary schools with curriculum (including an alternative particular emphasis on schools with high curriculum). levels of persistent absence;

6 Statement on Attendance Published March 2010 Page 360 Conclusions and Recommendations x Further development of the National absence from school cannot reside with Programme for Specialist Leaders of one service and demands a multi- Behaviour and Attendance (NPSLBA) to faceted response.” build capacity in the leadership of behaviour and attendance at school and 31. The working group particularly local authority level. welcomed the Attendance Strategy team’s commitment to the Common Assessment Framework (CAF) process, Progress review – with all Attendance Improvement November 2009 Officers trained to use CAFs. We felt that this was particularly important as 27. The working group meeting in persistent absence could in some cases November received a brief written be related to a safeguarding issue. update on progress and key developments in relation to the 32. We learned that persistent absence Attendance Strategy since the previous rates increased in the primary sector by meeting, as well as future plans for 101, from 1,323 in 2007/8 to 1,424 in development. 2008/9.

28. We particularly noted that improving 33. In contrast 2008/9 saw a marked attendance and reducing persistent improvement in the levels of persistent absence is a key priority in the new absence rates in secondary schools Children and Young People’s Plan where the rate fell by 28% from 4,625 in agreed in the summer of 2009. 2005/6 to 3,322 in 2008/9.

29. We considered the revised Attendance 34. Despite this improvement more Strategy which includes a pledge for progress is needed at a faster pace in partners to sign up to, in order to order to match national expectations demonstrate their commitment and and to meet our aspirations in Leeds. contribution to encouraging school attendance in Leeds. 35. We discussed the support available from the DCSF and the National 30. We welcome this idea and we also Strategies Adviser. DCSF monitoring strongly endorse the introduction to the meetings include the sharing of good Attendance Strategy which states: practice, for example Leeds were talking to Newcastle about their success with “Given that the evidence clearly tells us tracking of individual pupils. The that non-attendance at school is mostly National Strategies Adviser had also only one symptom of other, often offered a full day ‘deep dive’ support complex, problems, the Children’s session with individual schools to Services Attendance Strategy aims to consider all aspects of the school’s secure the commitment of all those who approach to attendance and school level work with children and families to data, in order to identify immediate and contribute to improving school longer-term ideas for improvement. A attendance and therefore improving the number of schools have already taken life chances of young people in the city. up this offer. The responsibility for reducing persistent

7 Statement on Attendance Published March 2010 Page 361 Conclusions and Recommendations 36. One of the members of the working 41. We were also concerned about children group, who is also the children’s missing education, who are not on the champion for his Area Committee, has roll of any school and will not appear in already arranged a successful ‘deep persistent absence figures. dive’ session at the high school where he is a governor. Parental engagement Holidays 42. We asked about the role of the home school contract that parents and pupils 37. The working group discussed term-time sign up to when a child starts at a holidays and confirmed that Education school. We wondered whether these Leeds is not in a position to impose a made reference to the importance of single policy on this issue, although the attendance, and also whether they were authority is clear that they are renewed during a pupil’s time at school discouraged. Each school is responsible to reinforce expectations. for setting and owning its own policy on considering requests and deciding 43. We discussed the impact of a school’s whether these are recorded as approach to parental engagement and authorised or unauthorised absence. personalised learning for pupils on promoting attendance and tackling 38. We noted that enforcement action has persistent absence. We felt that this was been taken in some cases of an area where good practice could unauthorised term-time holidays usefully be shared. including warning letters and penalty notices. 44. We were also provided with data on the enforcement action taken by the 39. We also discussed extended leave. We Attendance Strategy team for the were told that there is a policy on 2008/9 year, which included over 130 extended leave, for example to allow cases. 128 fines had been issued, 11 families to visit their home country. This education supervision orders, two includes agreeing a date for return to parenting orders, one community order school. If a pupil fails to return within ten and one custodial sentence had also school days of the agreed date, then the resulted from this enforcement action, school is entitled to remove the child with a number of cases still ongoing at from the school roll. the end of the year.

40. There is a specific DCSF code to be used in the register for extended leave, Area Inclusion so that it can be identified in analysing Partnerships the reasons for absence. We were told that extended leave does not have a 45. The Area Inclusion Partnerships were major impact on attendance figures in formed in 2008/9 to transform the Leeds. previous Area Management Boards (No Child Left Behind) into new broader partnerships focused on the wider inclusion agenda. They also fulfil the

8 Statement on Attendance Published March 2010 Page 362 Conclusions and Recommendations functions of the statutory Attendance holidays by 19.3% or 1,160.5 more days and Behaviour Partnerships in each in school. wedge. 49. We welcomed the information that 46. The Area Inclusion Partnerships now termly attendance leaders’ networking oversee the adoption of local targets for days take place. reducing persistent absence as well as continuing to improve on their excellent Recommendation 2 – That the Chief track record of reducing exclusions Executive of Education Leeds across the city. We were pleased to note ensures that parents, schools and that the Attendance Strategy team is governors continue to be reminded represented on all areas. that term time holidays are discouraged. Recommendation 1 – That the Chief Executive of Education Leeds works with Area Inclusion Partnerships to Recommendation 3 - That the Chief ensure that attendance and Executive of Education Leeds reports behaviour targets are embedded in all back to us on the range of area plans. mechanisms used to ensure that local and national good practice in tackling persistent absence is Examples of good systematically disseminated and practice replicated across the authority.

47. We heard about the success of the Well-being Panels, started in the south of the city. These are a partnership exercise with school health to help Conclusion tackle the biggest reason for absence – illness (47.4% of absences in 2008/9). 50. We welcomed the progress being made These panels have resulted in increased in improving rates of school attendance attendance, as well as increasing and we were pleased to hear that the parental engagement, as often parents DCSF recognises many of the initiatives were unaware of the help available via being employed in Leeds as best school for their child’s health needs. practice.

48. We were also interested to learn about 51. However we are concerned that the success of the Horsforth and ESNW attendance figures still remain clusters in implementing a joint policy on stubbornly below national levels, holidays in term-time. This has ensured indicating that there is still further work a consistent approach, particularly to be done by all concerned, in where parents and carers may have particular to stem the worrying rise in children attending more than one primary school persistent absence. school. The schools in these clusters reduced the number of days lost to

9 Statement on Attendance Published March 2010 Page 363 Conclusions and Recommendations 52. We will continue to track progress through our regular quarterly performance monitoring regime. We would also encourage all Children’s Services Scrutiny Board members and all other councillors who are school governors to consider how their respective schools are addressing attendance.

Recommendation 4 – That the Chief Executive of Education Leeds ensures that all governors are reminded of the importance of focusing on attendance.

Recommendation 5 – That the Scrutiny Board’s statement is circulated to all councillors who are school governors to encourage them to look at their own schools’ approach to attendance management.

10 Statement on Attendance Published March 2010 Page 364 Monitoring arrangements Standard arrangements for monitoring the outcome of the Board’s recommendations will apply.

The decision-makers to whom the recommendations are addressed will be asked to submit a formal response to the recommendations, including an action plan and timetable, normally within two months.

Following this the Scrutiny Board will determine any further detailed monitoring, over and above the standard quarterly monitoring of all scrutiny recommendations.

Reports and Publications Submitted x Executive summary ‘Just a symptom of confusing lives’ – Attendance strategy persistent absence research report 2008 x Attendance Strategy Team structure January 2009 x Attendance Strategy Team brief guide and leaflet for parents and carers x Education Leeds 6 stage process for managing irregular school attendance x 2008/09 quarter 3 performance information on attendance x DCSF attendance data x Extracts relating to attendance from Executive Board report dated 1 April 2009 on Joint Area Review/Annual Performance Assessment (JAR/APA) progress x Attendance and exclusion report 2007/08 x Draft Attendance Strategy x Attendance working group – progress report November 2009 x 2008/09 Attendance data for secondary schools x Prosecutions data 2008/09 x Attendance and exclusions report 2008/09

Witnesses Heard Carol Jordan Strategic Manager, Behaviour and Attendance, Education Leeds Jane Hurst Interim Head of Service, Behaviour and Attendance Strategy, Education Leeds Sandra Pearson Attendance Manager, Education Leeds Jancis Andrew Head of Service, Attendance Strategy Team, Education Leeds

Working Group Members Councillor William Hyde Mr Tony Britten Councillor Bob Gettings (part) Mr Ian Falkingham (part) Professor Peter Gosden

Dates of Scrutiny 21 April 2009 16 November 2009

11 Statement on Attendance Published March 2010 Page 365 Scrutiny Board (Children’s Services) Attendance Statement March 2010 Report author: Kate Arscott

[email protected]

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