Anwen Jones Solicitor/Cyfreithiwr InterimHead of Legal and Democratic Services Pennaeth Dros Dro Gwasanaethau Cyfreithiol a Democrataidd
TO: ALL MEMBERS OF THE COUNCIL Your Ref / Eich Cyf
Our Ref / Ein Cyf CO Date / Dyddiad 16/11/2011 Ask for / Ceri Owen Gofynner am Direct Dial / 01352 702350 Rhif Union Fax / Ffacs
Dear Sir / Madam,
A meeting of the FLINTSHIRE COUNTY COUNCIL will be held in the COUNCIL CHAMBER, COUNTY HALL, MOLD on TUESDAY, 22 NOVEMBER 2011 at 14:00 to consider the following items.
**Members are requested to note that there will be a display from Day Opportunity Services in the foyer outside the Council Chamber prior to the start of the meeting**
Yours faithfully
Democracy and Governance Manager
A G E N D A
1. PRAYERS
2. PRESENTATIONS A presentation will be made to:-
Councillor N. Phillips - Re-award of the WLGA Member Charter - Succesful reassessment of the WLGA Member Development Charter originally awarded in 2008.
County Hall, Mold. CH7 6NA Tel. 01352 702400 DX 708591 Mold 4 www.flintshire.gov.uk Neuadd y Sir, Yr Wyddgrug. CH7 6NR Ffôn 01352 702400 DX 708591 Mold 4 www.siryfflint.gov.uk
The Council welcomes correspondence in Welsh or English Mae'r Cyngor yn croesawu gohebiaeth yn y Gymraeg neu'r Saesneg 1 Flintshire County Council
3. APOLOGIES FOR ABSENCE
4. PUBLIC QUESTION TIME
5. COUNCIL MINUTES To confirm as a correct record the minutes of the meeting held on 28/09/2011 (copy enclosed).
6. DECLARATIONS OF INTEREST To receive any Declarations of Interest from Members.
7. CHAIR'S COMMUNICATIONS
8. PETITIONS
9. QUESTIONS To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A).
10. QUESTIONS FROM MEMBERS ON COMMITTEE MINUTES The Minute Book, Edition 3 2011/12 has been circulated to Members. Members are now entitled to ask questions on these minutes, subject to certain limitations and answers will be provided at the meeting. Members are requested to bring to the meeting their copy of the Minute Book. Any questions must have been received by the Democracy and Governance Manager prior to close of business on Tuesday 8th November, 2011.
11. CONSTITUTIONAL PROVISION RELATING TO CALL IN AND URGENCY Report of Democracy and Governance Manager enclosed
12. AMENDMENTS TO THE CONSTITUTION Report of Democracy and Governance Manager enclosed
13. OVERVIEW & SCRUTINY COMMITTEES - AMENDMENT TO TERMS OF REFERENCE Report of Member Engagement Manager enclosed
14. OVERVIEW & SCRUTINY ANNUAL REPORT Report of Member Engagement Manager enclosed
15. TREASURY MANAGEMENT MID YEAR REPORT 2011/12 Report of Head of Finance enclosed
16. REVIEW OF POLLING DISTRICTS AND POLLING PLACES Report of Chief Executive enclosed
2 Date: 16/11/2011 Flintshire County Council
17. HOUSING BALLOT: CHOICES CONSULTATION DOCUMENT AND LEASEHOLDER CONSULTATION DOCUMENT Report of Chief Executive and Director of Community Services and Head of Housing enclosed
18. SEALING OF DOCUMENTS (A) To authorise the Chair and Vice-Chairman, the Interim Head of Legal and Democratic Services Officer and Principal Solicitors to affix the Common Seal of the County Council between meetings of the County Council.
(B) To note the Action of the Chair and Vice-Chairman, the Interim Head of Legal and Democratic Services Officer and Principal Solicitors in affixing the Common Seal of the County Council as set out in the Seal Register No.13045 - 13122.
3 Date: 16/11/2011 FLINTSHIRE COUNTY COUNCIL WEDNESDAY 28 SEPTEMBER, 2011
Minutes of the meeting of Flintshire County Council held at County Hall, Mold on Wednesday 28 September, 2011
PRESENT: Councillor H.J. McGuill (Chair) Councillors: L.A. Aldridge, Eng. K. Armstrong-Braun, J.B. Attridge, D. Barratt, G.H. Bateman, M. Bateman, R.C. Bithell, H. Brown, C.S. Carver, D.L. Cox, P.J. Curtis, R. Davies, G.D. Diskin, Q.R.H. Dodd, C.J. Dolphin, B. Dunn, E.F. Evans, J.E. Falshaw, V. Gay, F. Gillmore, R.J.T. Guest, A.M. Halford, G. Hardcastle, C. Hinds, R. Hughes, N. Humphreys, H.D. Hutchinson, H.T. Isherwood, G. James, C.M. Jones, N.M. Jones, R.B. Jones, S. Jones, D.I. Mackie, D.L. Mackie, N.M. Matthews, E.W. Owen, M.J. Peers, N. Phillips, H.G. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, N.R. Steele-Mortimer, C.A. Thomas, A. Woolley and M.G. Wright
APOLOGIES: Councillors: S.R. Baker, E.G. Cooke, A.J. Davies-Cooke, A.G. Diskin, R. Dolphin, C.A. Ellis, P.G. Heesom, H.T. Howorth, R. Johnson, C. Legg, R.P. Macfarlane, D. McFarlane, A. Minshull, W. Mullin, T. Newhouse, P.R. Pemberton, M.A. Reece, W.O. Thomas, D.T. Williams and D.E. Wisinger
IN ATTENDANCE: Chief Executive, Director of Environment, Director of Lifelong Learning, Head of Finance, Head of ICT and Customer Services, Interim Head of Legal & Democratic Services, Head of Planning, Planning Strategy Manager, Democracy and Governance Manager and Committee Officers
Amanda Hughes – Wales Audit Office for minute number 61
53. PRAYERS
The meeting was opened with Prayers said by the Chair’s Chaplain.
54. PRESENTATIONS
The Chief Executive was pleased to invite colleagues who had won awards to this meeting for Members to congratulate the winners.
(i) Mr. John Thomas
The Chief Executive, on behalf of Members and the Head of ICT and Customer Services congratulated Mr. John Thomas, Operational Services Manager, who had been awarded Flintshire County Council Student of the Year 2011 following his completion of the Management Development Programme in conjunction with Deeside College. The programme was aimed at middle managers who were keen to develop their skills and was based around Flintshire County Council competencies.
4 (ii) Regeneration Team
The Executive Member for Regeneration and Tourism congratulated the Regeneration Team who had been awarded for the Flintshire County Council’s Town Action Plan Process in the Partnership and Strategies Category of the Action for Markets Town 2011 – Wales Region Awards. He outlined the excellent work carried out by the team which had been started by the late Councillor Mel Higham in 2008 which was greatly appreciated. The Director of Environment said that he was pleased that the hard work of the team had been recognised.
55. PUBLIC QUESTION TIME
The Democracy and Governance Manager confirmed that no questions had been received.
56. COUNCIL MINUTES
The minutes of the special meeting of Flintshire County Council held on the 17 August, 2011 were submitted.
Accuracy
The Chair referred to the title of the minutes and said that the words ‘County Hall, Mold’ should be replaced with ‘Theatr Clwyd’.
Councillor D. Barratt asked that his name be included in the list of Members who had declared an interest on School Modernisation on pages 5 and 10 of the minutes.
RESOLVED:
That subject to the amendments listed above, the minutes be approved as a correct record and signed by the Chairman.
57. DECLARATIONS OF INTEREST
The following Members declared a personal interest for Agenda item number 10 – Statement of Accounts 2010/11:-
Councillors: Eng. K. Armstrong-Braun, J.B. Attridge, D. Barratt, R.C. Bithell, D.L. Cox, C. Hinds, N. Humphreys, S. Jones, N.M. Matthews, I.B. Roberts and A.P. Shotton.
The following Members declared a personal interest for Agenda item number 14 – Higher Education Funding Council for Wales (HEFCW) – Future structure of universities in Wales:-
Councillors: H.T. Isherwood, C.M. Jones and D.L. Mackie
5 The following Members declared a personal interest for Agenda item number 15 – School Modernisation Update:-
Councillors: L.A. Aldridge, Eng. K. Armstrong-Braun, J.B. Attridge, D. Barratt, G.H. Bateman, M. Bateman, H. Brown, D.L. Cox, P.J. Curtis, R. Davies, G.D. Diskin, Q.R.H. Dodd, C.J. Dolphin, B. Dunn, E.F. Evans, J.E. Falshaw, V. Gay, F. Gillmore, R.J.T. Guest, A.M. Halford, G. Hardcastle, C. Hinds, R. Hughes, N. Humphreys, H.D. Hutchinson, H.T. Isherwood, G. James, C.M. Jones, N.M. Jones, R.B. Jones, S. Jones, D.I. Mackie, D.L. Mackie, N.M. Matthews, E.W. Owen, M.J. Peers, N. Phillips, H.G. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, N.R. Steele-Mortimer, C.A. Thomas, A. Woolley and M.G. Wright.
Councillor L.A. Aldridge declared a personal interest for Agenda item number 16 – Consultation by the Independent Remuneration Panel for Wales.
58. CHAIR’S COMMUNICATIONS
Copies of the Chair’s communications were available in the Members’ library.
59. PETITIONS
No petitions were submitted.
60. QUESTIONS
The Democracy and Governance Manager confirmed that a question had been received from Councillor Q.R.H. Dodd. A copy of the question and response had been circulated to all Members before the start of the meeting.
61. STATEMENT OF ACCOUNTS 2010/11
The Head of Finance introduced a report to seek Members’ approval of the final Statement of Accounts for 2010/11.
Councillor I.B. Roberts, as Chairman of the Audit Committee, proposed that the Council approve the Statement of Accounts 2010/11. He commented on the thoroughness of the work undertaken by the Audit Committee in considering the Statement of Accounts and thanked the Head of Finance and her team together with the external auditors for their efforts in bringing the report together. This proposal was seconded by Councillor A. Woolley.
On the report submitted to the Audit Committee from the Wales Audit Office (WAO), Councillor A.P. Shotton asked if a verbal report from the Head of Finance and Amanda Hughes of the WAO could be provided around the significant issues identified within the report.
The Head of Finance reported that a draft Statement of Accounts had been considered by the Audit Committee on 29th June, 2011 with the final Statement of Accounts being considered on the morning of 28 September,
6 2011. The WAO had reported to the Audit Committee on the financial statements for Flintshire County Council and the Clwyd Pension Fund and copies of the report known as ISA 260 would be circulated to all Members. She detailed the significant issues in the WAO report. She explained that the application of accountancy policy in relation to housing stock valuation was currently applied by valuing 20% of the stock on an annual rolling basis; however this methodology had not provided an accurate representation of the total stock at 31 March, 2011, and had resulted in the figures being overstated by £128M in the draft accounts which was classed as a book-keeping error. This amount had been restated within the final Statement of Accounts.
She also said that a significant issue related to delays with payments for pension entitlements and explained that the delays had occurred due to a variety of issues including obtaining information from employing bodies to Pensions as well as delays within the Pension Section. Work was being done to resolve this as quickly as possible. Amanda Hughes, WAO reported that an unqualified opinion would be issued and concurred with the explanations provided by the Head of Finance.
Councillor A.M. Halford said that during the Audit Committee meeting she had raised concerns around the delays with payments for pension entitlements and that she had requested a written indication of the number of potential compensation claims arising from these delays.
Councillor Shotton asked if the housing stock valuation would impact on the discussion with the Welsh Government (WG) in the event of a transfer of the housing stock following the ballot. It was explained that this was not the case. Amanda Hughes explained that a full revaluation would be required in the event that the housing stock was transferred.
RESOLVED:
That the Statement of Accounts of 2010/11 be approved.
62. ANNUAL TREASURY MANAGEMENT REPORT – 2010/11
The Head of Finance introduced a report to present the recommendation of the Executive following its meeting on 19 July, 2011 in relation to the Annual Treasury Management Report 2010/11.
The draft Treasury Management Annual Report for 2010/11, attached at Appendix A, of the report detailed the following:-
• Confirmation that the treasury function operated within the limits detailed in the Treasury Management Policy and Strategy Statements 2010/11. • The financial environment within which the treasury function operated was, and remained, challenging with advice being received on a daily basis from Council advisors on world markets.
7 • Overall performance had been in line with the expectations of the Policy Statement 2010/11; however, base rate did not rise at the end of 2010 as originally forecast.
The Head of Finance reported that the recommendation, detailed in the report, should be amended to read:-
• That the recommendation of the Executive in relation to the approval of the Treasury Management Report for 2010/11 be approved.
Councillor A. Woolley, Leader of the Council proposed that the Council support the recommendation as amended above. This proposal was seconded by Councillor I.B. Roberts.
RESOLVED:
That the recommendation of the Executive in relation to the approval of the Treasury Management Report for 2010/11 be approved.
63. FLINTSHIRE UNITARY DEVELOPMENT PLAN – CONSIDERATION OF THE REPRESENTATIONS TO THE FURTHER STATEMENT OF DECISIONS AND FURTHER PROPOSED MODIFICATIONS
The Head of Planning presented a report detailing the outcome of the consultation exercise carried out between January and March 2011 on the Further Statement of Decisions and Further Proposed Modifications as agreed by the Council at its meeting on 11 November, 2010. The content of the report had been considered by the Development Plans Panel on 13 September, 2011. The Panel resolved to recommend that the County Council accept the recommendations contained within the report.
The Planning Strategy Manager reported that a summary of the representations received and the changes sought were detailed in the report. There were a small number of objections from landowners/developers with a narrow focus, who had objected firstly to the deletion or alteration of the three allocations. The response to the objections was clear that in making the changes to the Plan, the Council had acted in a context that had been highly material and appropriate to those changes.
He explained that the consideration of the need for additional large sites added at a later stage in the plan process to ensure the achievements of the plan’s strategy for housing was not significantly questioned as the recession had changed the dynamics of the housing market. It was clear that the overriding need for additional sites as recommended in 2008 by the Inspector no longer existed and any issues regarding the future demand for and supply of sites should be considered as part of the Local Development Plan (LDP).
Councillor L.A. Sharps proposed that the Council support the recommendations as detailed in the report. He read out a statement in support of the Unitary Development Plan (UDP) and explained that many of
8 the areas identified in the UDP would be developed through the Development Control Process. Development Briefs would be prepared for the sites at Broughton and Sychdyn and local Members would be consulted upon them. He said that there was a need to look forward and consider the LDP to ensure that the Council was not failing in its obligation to have a UDP in place. This proposal was seconded by Councillor C.S. Carver who commented on the consultation process on the Council’s website and said that he had been concerned that local Members had not been notified that the further statement of decisions and further proposed modifications to the UDP had been published. He also raised concern that members of the public would have to wait 10 working days to receive the statements in Welsh.
The Planning Strategy Manager commented that no requests for the statements to be made available in Welsh had been received but took on board Councillor Carvers comments for future publications.
Councillor C.A. Thomas read out a statement on behalf of Councillor D. McFarlane who had been unable to attend the meeting due to his attendance at a public inquiry for the south site at Broughton. She said that the Development Plans Panel had previously recommended capping the density of development on the land south of the Retail Park, Broughton to 25 units per hectare. She also said that Councillor McFarlane proposed an amendment to the current proposal that if the Inspectorate granted outline planning permission at the public inquiry that the Council stand by its decision to impose a density figure of 25 units per hectare.
The Planning Strategy Manager explained that whilst the Council had set out its position on the appropriate density at which this site should be developed and the objector was able to make whatever case they wished to establish what they felt was the appropriate density via the planning application process. A planning application had been submitted and it proposed an indicative higher density that the Council considered appropriate and was being considered at the public inquiry. It would be the public inquiry which ultimately would decide how this site was developed and would supersede the UDP on the specific issue of density.
Councillor L.A. Aldridge sought clarification on the amendment and asked if Members would be able to support this proposal before it had been considered under the Development Control Process. The Democracy and Governance Manager advised Members that if they supported this amendment it could be considered that they were pre-determining any future applications on this site. In view of the advice given by the Democracy and Governance Manager, Councillor C.A. Thomas withdrew the amendment she put forward on behalf of Councillor McFarlane.
A number of Members commented on the need for the Council to adopt the UDP and made reference to the current economic downturn and the assistance the adoption of the UDP would have on the Planning Committee in making future decisions.
9 In response to a question on public consultation and timescales, the Planning Strategy Manager reported that subject to the Council accepting the recommendations of the report the Council would make available for public inspection copies of the plan as adopted and other relevant documents for a minimum of six weeks. Local Members would be consulted on the development briefs before they were submitted to a future meeting of the County Council.
A number of Members thanked the Planning Strategy Manager and his team for his hard work and his assistance over a number of years on the development of the UDP.
The Chief Executive added his thanks to the Planning Strategy Manager and welcomed an early debate around the adoption of a LDP.
RESOLVED:
(a) That the Council adopt the Unitary Development Plan (UDP) without any further modifications;
(b) That the Council agree the response to all the representations received referred to in Appendix 1 of the report;
(c) That a public notice advertising the adoption of the UDP be published; and
(d) That delegated authority be given to officers to prepare the final version of the UDP for publication, including the need to address any final minor errors or matters of consistency that may come to light following this meeting.
64. NATIONAL COMPACT UPDATE
The Chief Executive provided a verbal update on the National Compact. He reported that during the North Wales Members Collaboration Workshop, held in Llandudno on Friday 16 September, 2011 concerns had been raised around the speed of collaboration expected by the Welsh Government (WG). Copies of the comments made at the Workshop would be provided to all Members in due course. He also reported that the Welsh Local Government Association (WLGA) had influenced the WG Minister to ensure that all Local Authorities would be consulted on the Compact for local adoption.
RESOLVED:
That the verbal update be noted.
10 65. HIGHER EDUCATION FUNDING COUNCIL FOR WALES (HEFCW) – FUTURE STRUCTURE OF UNIVERSITIES IN WALES
The Chief Executive introduced a report to invite the Council to respond to the proposals of the Higher Education Funding Council for Wales (HEFCW) on the future structure of Higher Education provision in Wales on which the Welsh Government (WG) was consulting.
In June, 2011 the HEFCW gave evidence to the Minister for Education on the structure of higher education provision in Wales. The Minister had subsequently issued a consultation based on this entitled ‘The Future Shape of Higher Education in Wales’ which would end on 5 October, 2011. Within the consultation various options for the structure of higher education in Wales had been proposed with one preferred option for North Wales. The Chief Executive outlined a summary of the recommendation of the HEFCW and specific issues of concern for the Council on the proposals for North Wales, as detailed in the report. He had been involved in on-going discussion with the Principal of Deeside College who was keen to explore how the proposed changes would affect further education in North Wales.
Councillor N.M. Steele-Mortimer, Executive Member for Education proposed that the Council respond to the proposals of HEFCW outlining its concern about the impact of the key issues as identified in paragraph 3.02 of the report and support the case for Glyndwr University to continue to provide higher education in Wales, whilst recognising the partnership arrangements that existed with the local further education establishments and local authority provided further education. He outlined the excellent work carried out by Glyndwr University together with local further education establishments, particularly Deeside College. This proposal was seconded by Councillor L.A. Sharps.
Councillor R.C. Bithell spoke about the need for a University in North Wales following the rise in tuition fees, which had resulted in a number of students deciding to remain in North Wales to study. His comments were supported by a number of Members.
Councillor M.G. Wright welcomed the proposal and commented on the partnership between Glyndwr University and the private sector. Councillor A.P. Shotton said he understood the need for the WG to review the structure of higher education in Wales but the WG needed to recognise the excellent enterprise opportunities in Flintshire and the value of retaining Glyndwr University. He also said that a strong statement from the Council was needed around the further education provision at Deeside College.
The Chief Executive said that he too recognised the need for the WG to review the structure of higher education and commented on the number of Universities situated in South East Wales. He said that one of the specific issues of concern on the proposals could be the limitation on the freedom of Glyndwr University to invest in research and development and support for the WG economic sector plans. He also said that clarification on the affect the
11 proposal would have on further education was needed as this was not clear within the consultation document.
RESOLVED:
That the County Council was concerned about the impact of the key issues as identified in paragraph 3.02 of the report and supported the case for Glyndwr University to continue to provide Higher Education in Wales whilst recognising the partnership arrangements that existed with the local further education establishments and local authority provided further education.
66. SCHOOL MODERNISATION UPDATE
The Chief Executive provided a verbal update on the examination of and reflection on the school modernisation process so far following the meetings of the Executive on 5 September, 2011 and Lifelong Learning Overview and Scrutiny Committee on 20 September, 2011. The Lifelong Learning Overview and Scrutiny Committee had recommended that all Members be invited to attend a number of Workshops to be arranged in consultation with the Committee to widen and make more effective the consultation process when it re-opened. He explained that the Committee had also considered a call-in of the Executive decision made on 5 September, 2011 as there had been concern around the decision not being in keeping with the resolution made by the County Council at the special meeting on 17 August, 2011. Following consideration of the call-in the Committee resolved that the Executive decision could be implemented.
He commented on the ‘spirit’ of the detailed statement made by the Leader of the Council at the County Council meeting on 17 August, 2011, and said that some confusion may have arisen about the statement of intent and the ambitious timescale. Provisional dates for the Workshops had been set and detailed information on the themes of the Workshops would be provided to Members in due course.
Councillor A. Woolley, Leader of the Council concurred with the comments around the ambitious timescale given during the meeting on 17 August, 2011. He outlined the need for a thorough discussion with residents of Flintshire and for all information available to be provided to all Members.
The Chair commented on the consultation process and asked if the options forms previously completed would be considered as part of the revised consultation process. The Director of Lifelong Learning explained that a number of written statements were submitted to the Council during July and August, 2011. All the statements had been logged onto a database to be published and all interested parties would be asked to complete a new options form once the consultation process re-started.
Councillor J.B. Attridge read out a question on behalf of Ms. Stacey Kelly of Argoed High School on the area review requested by the school governors of Elfed High School. She had raised concern that Argoed High School did not meet the criteria set by the Welsh Government (WG) Minister
12 for Education. The Director of Lifelong Learning explained that area reviews were being carried out at Holywell High School, John Summer High School and Elfed High School in order to review options for future education in those areas. The Chief Executive said that there would be further opportunity for Members to debate those issues during the Workshops.
Councillor A.P. Shotton raised concern around the timetable and asked if the revised timetable would impact on the Council’s opportunity to access 21st Century School Funding. Councillor L.A. Aldridge also raised concern around the timetable and proposed that following the Member Workshops, a special County Council meeting be arranged at the earliest opportunity on a Saturday morning. This proposal was seconded by Councillor C.J. Dolphin.
On the question of access to 21st Century School Funding, the Chief Executive explained that the deadline for submissions for this funding to the WG was the end of December, 2011 and further information on this could be provided to Members during the Workshops.
Councillor N.M. Steele-Mortimer, Executive Member for Education reported that proposals to address surplus places at the schools in Holywell would be considered during the Workshops and fast tracked to meet all Members, partner organisation and stakeholders’ satisfaction to ensure that grant funding was received from the WG. Councillor P.J. Curtis raised concern that details around fast tracking the proposals to address surplus places in Holywell schools had not been provided to local Members.
Councillor Q.R.H. Dodd asked if the 6th form provision and school transport would be considered as part of the School Modernisation Strategy. The Director of Lifelong Learning explained that both these issues were key parts of the Strategy in its widest form and would be part of the debate around local area reviews. The Lifelong Learning Overview and Scrutiny Committee received regular updates on 14-19 education and an independent review on school transport was currently being undertaken.
Councillor Shotton said that there was a need for clear dates to be set for the Workshops and the special County Council meeting to ensure that Members did not submit notices of motion seeking individual schools to be discounted. The Chief Executive suggested that the Workshops be held before the end of November, 2011 to allow a special County Council meeting to take place also during November, 2011. He advised that it would not be proper to remove schools on options from the consultation process at this stage.
The Chairman asked Members to contact the Chief Executive and Director of Lifelong Learning if there was specific information they would like provided at the Workshops.
RESOLVED:
That following the Member Workshops, a special County Council meeting be arranged at the earliest opportunity on a Saturday morning.
13 67. CONSULTATION BY THE INDEPENDENT REMUNERATION PANEL FOR WALES
The Democracy and Governance Manager introduced a report to determine the Council’s response to consultation by the Independent Remuneration Panel for Wales (IRPW) on its Draft Annual Report.
On 1 August, 2011 the IRPW issued, for consultation, its Draft Annual Report for 2012/13. Copies of the Draft Report had been made available to Members and details of the proposed new regulations on allowances were detailed in the report presented by the Democracy and Governance Manager.
Councillor A. Woolley, Leader of the Council commented on the draft propositions, copies of which had been circulated to Members before the start of the meeting. He proposed that the Council respond to the consultation on the draft report as detailed in the draft proposition. This proposal was seconded by Councillor L.A. Sharps.
Councillor R.B. Jones proposed an amendment to the proposal, that an additional proposition be included in the response; that it was not appropriate to refer to basic and senior salaries, as Councillors were not employees and the correct terminology should be allowances rather than salaries. Councillor Woolley supported this amendment.
Councillor Eng. K. Armstrong-Braun commented on the proposal that the Panel should not be making recommendations in relation to Member performance. He disagreed with this proposal and said that Member performance should be made available to residents of Flintshire who could monitor the performance of their local Member. He suggested that point 6 of the draft proposal be removed. This was not seconded.
In response to comments on the allowances for the Chair and Vice- Chair of the Council, the Democracy and Governance Manager explained that their allowance was expressly to cover the expenses of office.
When put to the vote, Councillor Armstrong-Braun voted against the proposal.
RESOLVED:
That the Council respond to the consultation on the draft report by making the following points:-
1. Welcoming the prescribing of amounts Councillors would be paid thereby avoiding the embarrassment of Members voting to decide their own payment;
2. Recommending to the Panel that once the financial climate allowed, the prescribed levels of payment should return to the previously indicated maxima;
14 3. That for each Council the proportion of Members eligible for what the report calls senior salaries should be 35% rather than the current 50% limit;
4. That the existing arrangements for payments to a Council’s Civic Head and Deputy remain unaltered and outside any proposals for what the report calls senior salaries;
5. That the existing arrangements of annual payments for co-optees continue rather than daily or half daily fees;
6. That the Panel should not be making recommendations in relation to Member performance which was for other bodies and in particular the electorate to determine; and
7. The Council reiterates its previous view that it is not appropriate to refer to basic and senior salaries as Councillors are not employees and correct terminology is allowances rather than salaries.
68. SEALING OF DOCUMENTS
RESOLVED:
(a) That the Chair and Vice-Chairman, the Interim Head of Legal and Democratic Services and Principal Solicitor be authorised to affix the Common Seal of the County Council between meetings of the County Council.
(b) That the action of the Chair and Vice-Chairman, the Interim Head of Legal and Democratic Services and Principal Solicitor in affixing the Common Seal of the County Council as set out in the seal register numbers 13023 – 13044 be noted.
69. DURATION OF MEETING
The meeting commenced at 2.00 p.m. and ended at 4.56 p.m.
70. ATTENDANCE BY MEMBERS OF THE PRESS AND PUBLIC
There were three members of the public and two members of the press present.
……………………………… Chair
15 SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT
FLINTSHIRE COUNTY COUNCIL 28 SEPTEMBER 2011
MEMBER ITEM MIN. NO. REFERS
Councillors: Eng. K. Armstrong- Statement of Accounts 61. Braun, J.B. Attridge, D. Barratt, 201/11 R.C. Bithell, D.L. Cox, C. Hinds, N. Humphreys, S. Jones, N.M. Matthews, I.B. Roberts and A.P. Shotton.
Councillors: H.T. Isherwood, C.M. Higher Education Funding 65. Jones and D.L. Mackie Council for Wales (HEFCW) – Future structure of universities in Wales
Councillors: L.A. Aldridge, Eng. K. School Modernisation 66. Armstrong-Braun, J.B. Attridge, D. Update Barratt, G.H. Bateman, M. Bateman, H. Brown, D.L. Cox, P.J. Curtis, R. Davies, G.D. Diskin, Q.R.H. Dodd, C.J. Dolphin, B. Dunn, E.F. Evans, J.E. Falshaw, V. Gay, F. Gillmore, R.J.T. Guest, A.M. Halford, G. Hardcastle, C. Hinds, R. Hughes, N. Humphreys, H.D. Hutchinson, H.T. Isherwood, G. James, C.M. Jones, N.M. Jones, R.B. Jones, S. Jones, D.I. Mackie, D.L. Mackie, N.M. Matthews, E.W. Owen, M.J. Peers, N. Phillips, H.G. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, N.R. Steele-Mortimer, C.A. Thomas, A. Woolley and M.G. Wright.
Councillor L.A. Aldridge Consultation by the 67. Independent Remuneration Panel for Wales
16 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 11
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: DEMOCRACY AND GOVERNANCE MANAGER SUBJECT : CONSTITUTIONAL PROVISION RELATING TO CALL IN AND URGENCY
1.00 PURPOSE OF REPORT
1.01 To inform Council of two Executive decisions that are not subject to call in due to their urgency.
2.00 BACKGROUND
2.01 The Council's Constitution contains a provision enabling the Executive to make urgent decisions that can not then be called in by Overview & Scrutiny. This provision is attached as appendix 1. It requires that the record of such Executive decisions shall state whether in the opinion of the decision making person or body the decision is an urgent one and therefore not subject to call in. It also requires that the Chair of the Council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter or urgency. The provision also requires that such decisions must be reported to the next available meeting of the Council, together with the reasons for urgency.
2.02 At the Executive meeting on the 15 November there were two decisions taken by the Executive which the Executive was of the opinion were urgent and which the Chair of the Council has agreed in accordance with appendix 1.
2.03 The first related to Executive record of decision number 2484. This related to a report on the Local Government Provisional Settlement 2012/13 and Budget 20/2/13. The decision was to urgently approve and endorse the outline response to the Welsh Government contained in the report of the Head of Finance and Chief Executive. The reason for urgency was that a response was required by the end of the week of the Executive meeting.
2.04 The second urgent decision related to Executive record of decision number 2502. This report related to the housing ballot choices consultation document and leaseholder consultation document. This decision was urgent as the Welsh Government has given until the 23 November for the Council to approve the document and it was being submitted to the Council meeting of the 22 November 2011 following the Executive meeting.
3.00 CONSIDERATIONS
Date: 16/11/2011 17 Flintshire County Council
3.01 The Constitution requires that with such urgent Executive decisions they are reported to the next available meeting of the Council, together with the reasons for the urgency. The reasons for the urgency are given in the above paragraphs.
4.00 RECOMMENDATIONS
4.01 The Council is recommended to note the two urgent decisions taken at the Executive meeting on the 15 November 2011.
5.00 FINANCIAL IMPLICATIONS
5.01 None
6.00 ANTI POVERTY IMPACT
6.01 None
7.00 ENVIRONMENTAL IMPACT
7.01 None
8.00 EQUALITIES IMPACT
8.01 None
9.00 PERSONNEL IMPLICATIONS
9.01 None
10.00 CONSULTATION REQUIRED
10.01 With Council Chair.
11.00 CONSULTATION UNDERTAKEN
11.01 With Council Chair.
12.00 APPENDICES
12.01 Appendix 1 - Extract from Constitution.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Executive record of decision number 2484 and Executive record of decision number 2502.
Date: 16/11/2011 18 Flintshire County Council
Contact Officer: Peter J Evans Telephone: 01352 702304 E-Mail: [email protected]
Date: 16/11/2011 19 APPENDIX 1
CALL-IN AND URGENCY
(i) The call-in procedure set out above shall not apply where the decision being taken by the Executive is urgent. A decision will be urgent if any delay likely to be caused by the call in process would prejudice the Council's or the public's interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chair of the Council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairperson, the Vice-Chair’s consent shall be required. In the absence of both, the Head of Paid Service or his/her nominee's consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
20 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 12
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: DEMOCRACY AND GOVERNANCE MANAGER SUBJECT : AMENDMENTS TO THE CONSTITUTION
1.00 PURPOSE OF REPORT
1.01 To consider recommendations from the Constitution Committee for amendments to the Council's Constitution.
2.00 BACKGROUND
2.01 At its meeting on the 19 October 2011 the Constitution Committee considered reports on the topics as indicated below which each led to the Committee recommending at least one change to a part of the Constitution:-
Delegated powers of the Head of Planning Terms of reference of Planning Protocol Working Group Monitoring of planning training Terms of reference Overview & Scrutiny Committees
Copies of the reports are available from Committee Services.
2.02 In relation to the report on the delegated powers of the Head of Planning, the Constitution Committee is making two recommendations that need amendments to the Constitution. Firstly, that planning applications are only submitted to Planning & Development Control Committee if the Chair, Vice Chair and the Head of Planning are satisfied that the local member has given sufficient planning reasons. Secondly, that the Flintshire planning code be amended so that the Council's applications do not automatically go to Planning & Development Control Committee for determination.
2.03 The report on terms of reference for the Planning Protocol Working Group is recommending that the Planning Protocol Working Group has the terms of reference set out in appendix 1 to this report. At present the Planning Protocol Working Group does not have terms of reference.
2.04 The third report related to the monitoring of planning training and the Constitution Committee is recommending an amendment to paragraph 3.4 of the planning code of best practice which forms part of the Constitution. The present wording indicates that for members of the Planning & Development Control Committee attendance at planning training will be monitored and reported to the Council. The Constitution Committee is recommending that the reference to Council is replaced by a reference to attendance monitoring being reported to the Planning Protocol Working Group.
Date: 16/11/2011 21 Flintshire County Council
2.05 The report on Overview & Scrutiny Committee terms of reference is recommending minor changes to the terms of reference of Community Profile & Partnerships and Corporate Resources Committees.
3.00 CONSIDERATIONS
3.01 In relation to the delegated powers of the Head of Planning the delegation scheme contained in the Constitution contains a number of restrictions which include the following:-
"b) Where a member requests in writing during the consultation period that any application in his/her ward should be determined by the Planning & Development Control Committee. c) When an adjoining ward member whose ward is likely to be significantly affected by the development in question request in writing during the consultation period that the application be determined by the Planning & Development Control Committee".
3.02 Paragraph 10.1 of the Flintshire planning code contains the following provision:-
"Whilst members have a right to request that applications, affecting their ward be determined by the Planning and Development Control Committee such requests should be justified by clearly identifying in writing why a Committee decision is required".
For these purposes the code makes clear that the local member includes any adjacent ward member where the application significantly affects their ward.
3.03 The Constitution Committee agreed with a recommendation from the Planning Protocol Working Group that in future the provisions quoted in paragraphs 3.01 and 3.02 above should be amended so that applications are only submitted to the Committee if the Chair, Vice Chair and the Head of Planning are satisfied that the local member has given sufficient planning reasons. During discussion at Constitution Committee it was made clear that if this is agreed written guidance will be issued on what amounts to sufficient planning reasons.
3.04 The other change to the delegated powers of the Head of Planning relates to the Council's own applications. Whilst there is no restriction in the Head of Planning delegated powers requiring all Council applications to go to Committee, the Flintshire planning code contains the provisions shown in appendix 2 of this report. Whilst paragraph 7.1 states that it is important that the Council is seen to be treating applications for its own developments on an equal footing with all other applications, as well as actually doing so, paragraph 7.3 requires all of the Council's applications to be considered by Committee. In effect the Council is therefore treating its own applications differently to external applications. The Constitution Committee recommends paragraph 7.3 be amended to delete the requirement that all Council applications go to Committee.
Date: 16/11/2011 22 Flintshire County Council
3.05 Turning to the terms of reference of the Planning Protocol Working Group, this was formed in 2004 to prepare and bring forward a planning protocol. This led to the drafting of the Flintshire planning code following which the working group has continued to meet as a consultative body on a range of planning related issues. Issues have been referred to the Planning Protocol Working Group by the Planning & Development Control Committee, by the Executive, Council, the Environment Overview & Scrutiny Committee, the Constitution Committee and by the Head of Planning, or the Head of Legal & Democratic Services.
3.06 At its meeting on the 29 July 2011 the Planning Protocol Working Group considered a report on the draft terms of reference and these were recommended to the Constitution Committee meeting of the 19 October 2011. Subject to a minor amendment these were agreed at that meeting and the draft terms of reference are attached as appendix 1 to this report.
3.07 The Planning Protocol Working Group is not a formal Committee but nevertheless is a valuable consultative body on planning issues. This should be recorded by it having these terms of reference and its existence being included in the part of the Constitution that contains details of other informal member bodies, such as the Agricultural Panel and the Children's Forum.
3.08 The Flintshire Planning Code contains a section on planning training for members and substitute members of the Planning & Development Control Committee. This indicates that over a 2 year period such members should attend a minimum of 75% of planning training and this will be monitored and reported to Council. The Constitution Committee is recommending this be changed to reports being made to the Planning Protocol Working Group.
3.09 Turning to the recommended changes to the terms of reference of Overview & Scrutiny Committees, this arose at a meeting of the Overview & Scrutiny Coordinating Committee on the 22 September 2011. At present the terms of reference of the Community Profile & Partnership Overview & Scrutiny Committee includes the phrase "performance framework and coordination". The terms of reference of the Corporate Resources Overview & Scrutiny Committee contain the phrase "overview of performance management" and it was the intention that committee would deal with coordination of the performance framework. The Constitution Committee agreed that the terms of reference of the two Scrutiny Committees should be amended so that performance and coordination is removed from Profile & Partnerships terms of reference and that Corporate Resources terms of reference be amended to change the phrase "overview of performance management" to "overview and coordination of the performance management framework". These changes will then reflect what had always been the intention.
4.00 RECOMMENDATIONS
4.01 To agree the recommendations from the Constitution Committee as detailed in paragraphs 3.03, 3.04, 3.07, 3.08 and 3.09 above.
Date: 16/11/2011 23 Flintshire County Council
5.00 FINANCIAL IMPLICATIONS
5.01 None as a result of this report.
6.00 ANTI POVERTY IMPACT
6.01 None as a result of this report.
7.00 ENVIRONMENTAL IMPACT
7.01 None as a result of this report.
8.00 EQUALITIES IMPACT
8.01 None as a result of this report.
9.00 PERSONNEL IMPLICATIONS
9.01 None as a result of this report.
10.00 CONSULTATION REQUIRED
10.01 Constitution Committee.
11.00 CONSULTATION UNDERTAKEN
11.01 Constitution Committee
12.00 APPENDICES
12.01 Appendix 1 - Planning Protocol Working Group terms of reference Appendix 2 - Flintshire Planning Code of Best Practice
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Flintshire Planning Code of Best Practice Delegation Scheme for Head of Planning Planning Protocol Working Group minutes of 8 and 29 July 2011 meetings Report to the Executive meeting of the 4 May 2004 Minutes of the Executive meeting of the 4 May 2004 Record of Executive decision of the 4 May 2004 Report to and minute of Planning Protocol Working Group meeting of the 8 July 2011 Minute 9 of the Coordinating Committee 22 September 2011
Date: 16/11/2011 24 Flintshire County Council
Contact Officer: Peter J Evans Telephone: 01352 702304 E-Mail: [email protected]
Date: 16/11/2011 25 APPENDIX 1
Draft Terms of Reference for Planning Protocol Working Group
To make recommendations as necessary to Executive, Council, Committee, Head of Planning, or Head of Legal & Democratic Services in relation to:-
1. Alterations to the Flintshire Planning Code of Best Practice.
2. The workings of the Planning and Development Control Committee.
3. The procedures for dealing with planning applications and other applications processed by the Planning Department.
4. Planning appeal processes and decisions.
5. The Local Development Plan process
6. Planning policy & procedure issues.
7. Any planning topics referred to it by the Planning and Development Control Committee, or the Chair of that Committee, or the Environment Overview & Scrutiny Committee, or Constitution Committee, or by the Head of Planning, or by the Head of Legal & Democratic Services.
26 APPENDIX 2
FLINTSHIRE COUNTY COUNCIL
PLANNING CODE OF PRACTICE
HOW WE DEAL WITH PLANNING APPLICATIONS AND OTHER PLANNING ISSUES
Planning Division, Directorate of Environment & Regeneration, County Hall, Mold, Flintshire. CH7 6NF
27 CONTENTS
1. INTRODUCTION
2. ROLE OF MEMBERS AND OFFICERS 2.1 General 2.2 Role of Officers 2.3 Role of Councillors 2.4 Member / Officer Contact
3. TRAINING
4. REGISTRATION AND DECLARATION OF INTERESTS 4.1 Code of Conduct 4.2 Relationship with Third Parties 4.3 Personal Interests 4.4 Declaration 4.5 Register 4.6 Dual Community / Town Council Membership
5. LOBBYING
6. APPLICATIONS SUBMITTED BY MEMBERS AND OFFICERS
7. APPLICATIONS SUBMITTED BY THE COUNCIL
8. PRE-APPLICATION AND ENFORCEMENT DISCUSSIONS
9. PLANNING COMMITTEE SITE VISITS 9.1 Purpose 9.2 Request for a Site Visit 9.3 Format and Conduct at the Site Visit
10. PROCEDURE AT PLANNING COMMITTEE
11. DECISIONS CONTRARY TO OFFICER RECOMMENDATION
12. APPEALS AGAINST COUNCIL DECISIONS
13. PLANNING OBLIGATIONS
14. REGULAR REVIEW OF DECISIONS
15. COMPLAINTS
28 1. INTRODUCTION
1.1 The Planning system involves taking decisions about the use and development of land in the wider public interest having regard to the Development Plan, national Planning Guidance and other material considerations. Planning is highly contentious because its decisions affect the daily lives of individuals, landowners and developers. This is heightened by the openness of the system and the legal nature of Development Plans and decision notices. In making planning decisions the requirements of the individual, whether the applicant or a neighbour, have to be balanced against the broader public interest.
It is important therefore that the process is open and transparent. In other words the system should not only be fair but it should be seen to be fair. The Nolan Committee’s report on Standards in Public Life gave close consideration to these issues and its recommendations feature significantly in the Local Government Association’s revised 2002 guidance for Councillors and Officers in dealing with planning matters. Members are advised to read the LGA guidance as it provides useful background to the Code of Practice.
1.2 This Code of Practice provides guidance to elected Members, Officers and developers on the planning process. It is supplementary to the Flintshire Member and Officer Codes of Conduct and the Protocol on Member/Officer relations all of which are contained in the Council Constitution.
1.3 Whilst the principles set out in this document apply primarily to the manner in which individual planning applications should be dealt with, they also apply to the decision-making process relating to any aspect of the Unitary Development Plan, Supplementary Planning Guidance and associated documentation.
2. ROLE OF MEMBERS AND OFFICERS
2.1 General
2.1.1 Councillors and Officers have different but complementary roles. Both serve the public but Councillors are responsible to the electorate, whilst Officers are responsible to the Council as a whole. Officers advise Councillors and the Council and carry out the Council’s work. They are employed by the Council, not individual Councillors, and Member’s instructions may only be given to Officers through a decision of the Council, its Executive or a Committee.
29 2.1.2 It is important that a good relationship exists between Councillors and Officers and that this is based on mutual trust and understanding of each others positions. This relationship and trust must never be abused or compromised.
2.2 Role of Officers
2.2.1 The Officer’s function is to advise and assist Councillors in the formulation of planning policies, in the determination of planning applications and, deciding whether or not to take enforcement action for breaches of planning control. Officers should:-
* Provide impartial and professional advice. * Make sure that all the information necessary for the decision to be made is given. * Provide a clear and accurate analysis of the issues. * Set applications and enforcement issues against the broader Development Plan policies and all other material considerations. * Give a clear recommendation. * Carry out the decisions made by Councillors in Committee or through the delegated authority of the Director of Environment and the Head of Planning * Update Members on new legislation and guidance.
2.3 Role of Councillors
2.3.1 The full Council is responsible for setting the Council’s formal planning policy framework through the Unitary Development Plan. As a general principle there is an expectation that Councillors will uphold the Council’s planning policies.
2.3.2 It falls to the Planning and Development Control Committee to determine planning and related applications within the context of these planning policies. When Councillors come to make a decision they must:-
* Be clear as to whether or not they have an interest which needs to be declared. * Act fairly and openly. * Approach each application with an open mind. * Carefully weigh up all relevant issues. * Determine each application on its own merits. * Avoid giving the impression that the Member has made her / his mind up prior to the application being determined. * Ensure that there are clear and substantial reasons for their decisions, and that those reasons are clearly stated.
30 2.3.3 Where a planning application relates to a Member’s ward the views of the local Member are important to the Head of Planning and to the Chair and Members of the Planning and Development Control Committee. The local Members are likely to be approached by applicants and by objectors and where approached on three or more occasions by the applicant or by an objector the Member should disclose this to the Planning Case Officer, Planning Team Leader or the Head of Development Control and at the Planning and Development Control Committee. Ward Members should not become too closely identified with special interest groups if they wish to vote in the Planning and Development Control Committee. Whilst Members have a responsibility to their constituents including those who did not vote for them their overriding duty is to the whole County.
2.4 Member / Officer Contact
2.4.1 The Officer / Member relationship is extremely important for good decision making and an effective planning service. The mutual understanding of their respective roles and respect for each other’s position is vital for good relations.
2.4.2 In making enquiries regarding individual applications Members should make contact with the Case Officer or Line Manager and make an appointment if necessary. Whilst Members may wish to seek advice or information from the Head of Planning or the Head of Development Control, Members should not seek advice or information from other Officers who may be advising the Case Officer. This is in the interests of efficiency and to avoid duplication of effort and confusion in what is a very busy service which has to operate within very tight timescales.
2.4.3 Officers will provide every reasonable help to Members in the carrying out of their duties. Meetings between Officers and Members may sometimes be helpful, but are only likely to be of value if prior arrangements have been made. This allows the Officer to have all relevant documents available at the meeting. Prior arrangements may be made by telephoning the relevant Officer or the Planning Services Reception staff. Members rooms can be utilised and suitable rooms can be made available by mutual agreement if privacy is required.
2.4.4 It is acknowledged that Members and Officers may well have differing views on a proposal but Members should on no account interfere with or put pressure on Officers to make a particular recommendation.
31 3. TRAINING
3.1 Members of the Planning & Development Control Committee shall undertake appropriate training and this training will also be offered to all Members. A Member speaking or voting at Planning and Development Control Committee should have received training in planning policies and procedures.
3.2 Core training will consist of sessions covering planning procedures, the Development Plan and material planning considerations, probity and the application of this Code of Practice.
3.3 Other training will be arranged by Officers in consultation with Members in the form of additional sessions, seminars and workshops on topical issues and to keep Members up to date on new procedures, advice and guidance.
3.4 Members of the Planning and Development Control Committee (including substitute Members) should attend a minimum of 75% of the training arranged over a period of 2 years. Attendance records will be monitored and reported to the Council, any Member who fails to attend the stated minimum of training sessions may be removed or suspended from the Committee.
4. REGISTRATION AND DECLARATION OF INTERESTS
4.1 Code of Conduct
4.1.1 Councillors should follow scrupulously the County Council’s Councillors’ Code of Conduct in relation to registration and declaration of interests and, if an interest is declared, in deciding whether the Councillor should participate in the consideration of an application. Not only should impropriety be avoided but also any appearance or grounds for suspicion of improper conduct. If a Member considers he/she may have a personal interest they should consult the Monitoring Officer or a Senior Officer of Legal & Democratic Services for advice on their position.
4.2 Relationship with Third Parties
4.2.1 If a Member of the Planning and Development Control Committee has had such a significant personal involvement with an applicant, agent, landowner or other interested party whether or not in connection with the particular matter under consideration by the Committee, which could possibly lead to the reasonable suspicion by a member of the public that there may be any possibility that the involvement could affect the
32 Councillor’s judgement in any way, then the Councillor should consider carefully whether the involvement amounts to a personal interest, which would debar him / her from participation in the decision-making process.
4.3 Personal Interests
4.3.1 The principles about the disclosure of interests should be applied, not only to formal meetings, but also to any of a Councillor’s dealings with Council Officers, or with other Councillors. Where a Councillor has a personal interest, as defined by the Code, it must always be declared. It does not necessarily follow that the Councillor is debarred from participation in the discussion. The responsibility for declaring an interest lies with the Councillor, but the Monitoring Officer is there to advise. If there is any doubt in a Councillor’s mind, he / she should seek early advice from the Monitoring Officer or other senior Officer of Legal & Democratic Services on their position. Councillors should err on the side of declaring an interest when they are not sure.
4.3.2 Members who have substantial property, professional or other interests relating to the planning function which would prevent them from voting on a regular basis, should avoid serving on the Planning and Development Control Committee.
4.3.3 Where a Local Member has decided he / she has a personal interest making it inappropriate for that Member to be involved in the processing and determination of a planning application in his / her ward such a Member may arrange for another Member to act as local Member instead. In such a situation the local Member should inform the Monitoring Officer and the Head of Planning of the arrangement made and take no further part in the processing and determination of the planning application other than referring any representations or communications received to the Member who is acting as local Member.
4.4 Declaration
4.4.1 When declaring an interest at Committee, this should be done at the beginning of the meeting. Councillors should be clear and specific in identifying the item on the agenda in which they have an interest, and the nature of that interest.
4.5 Register
4.5.1 A register of Members’ interests is maintained by the Council’s Monitoring Officer. It is available for public inspection. Each Councillor has a responsibility to provide the Monitoring Officer with up to date written details of relevant interests.
33 4.6 Dual Community / Town Council Membership
4.6.1 Membership of a Town / Community Council which has expressed a view on a planning matter does not in itself mean that the Councillor cannot take part in the determination of the matter when it comes before the Planning and Development Control Committee provided that the Councillor has kept an open mind and not committed himself / herself to a final view on the matter until all the arguments for and against have been aired at Committee. The Member can enter into discussion and ask questions, but should only express a view in favour or against the proposal on the basis of knowledge and information known at that time.
4.6.2 Where an application submitted by a Community or Town Council is being considered then a Member of that Council may not vote on the proposal to determine the application unless the Member has obtained dispensation from the Standards Committee.
5. LOBBYING
5.1 Lobbying is a part of the political process and it is quite common for applicants or other interested parties to wish to discuss a proposed development with Councillors before a planning application is determined. This can help Councillors’ understanding of the issues and concerns associated with an application.
5.2 However, Councillors are under an obligation to determine matters on their merits. That means that they should not take a firm view on a planning matter before receiving and reading any Officer’s report or receiving any new information reported to the Committee. Whilst Members of the Committee may form an initial view or opinion, and indicate their view that an application is contrary to policy, they should not openly declare which way they intend to vote in advance of the Planning and Development Control Committee meeting. To avoid compromising their position before they have received all the relevant information, Councillors are advised that they should:-
> Refer applicants / developers who approach them for planning or procedural advice to the appropriate Planning Officer. > Avoid making it known in advance whether they support or oppose the proposal. > Avoid campaigning actively in support of a particular outcome. > Not put pressure on Officers to make a particular recommendation in their report.
34 > Direct lobbyists or objectors to the appropriate Planning Officer, who will include reference to their opinions where relevant in their report.
5.3 Members should declare significant contact with applicants and objectors. Significant contact is where a Member has been contacted on more than three occasions by the applicant or the same objector (either orally or in writing).
5.4 Members must advise the Ward Councillor as a courtesy in cases where they are seeking to be involved in a development proposal or enforcement issue outside of their own Ward. It is accepted that where a planning application has a significant effect on another ward the Member(s) for that ward is entitled to become involved in the development proposal.
5.5 Councillors should in general, avoid organising support for or against a planning application. Where a Councillor does organise support for or against a planning application then that Councillor should not vote at Planning and Development Control Committee on such a planning application. Where a Member is in doubt about such issues the Member should seek advice from the Monitoring Officer or other Senior Officer in Legal & Democratic Services.
5.6 If a Councillor expresses support for, or opposition to, a proposal before the matter is formally considered at the relevant meeting, whether or not there has been lobbying, he / she could have some difficulty in being able to claim to retain an open mind on the issue and to be prepared to determine the application on its merits. If a Councillor does express an opinion, then it should make it clear that it is a preliminary opinion and that he / she will only be in a position to take a final decision when all the evidence and arguments have been considered.
5.7 Provided that Councillors comply with 5.2, 5.3, 5.4, 5.5 and 5.6 above and do not have a personal interest in a matter they are able to:-
> Listen and receive viewpoints from residents, constituents or other interested parties. > Make comments to residents, constituents, interested parties, other Councillors or Officers. > Seek information through the appropriate channels. > Bring to the Committee’s attention views / opinions of residents, constituents or other interested parties. > Participate in the decision making process.
35 5.8 If however a member of the Committee has not complied with 5.2, 5.3, 5.4, 5.5 and 5.6 above and has made it clear that he or she has predetermined the matter they should not speak or vote on the matter.
6. APPLICATIONS SUBMITTED BY MEMBERS AND OFFICERS
6.1 Planning applications submitted by or on behalf of Members, or Officers employed in the Planning Division, or Officers involved in the planning process or the close relatives* of Members or such Officers where the Officer or Member knows of the application shall be decided by the Planning and Development Control Committee and not by the Head of Planning under delegated powers.
[* Close relative is defined as spouse, partner, parent, child or sibling].
6.2 A Member affected by clause 6.1 shall declare the interest at any meeting of the Planning and Development Control Committee to determine the application, take no part in the decision and leave the meeting place unless granted a dispensation by the Standards Committee.
6.3 The affected Officer shall take no part in the processing of the application and its determination.
7. APPLICATIONS SUBMITTED BY THE COUNCIL
7.1 It is important that the Council is seen to be treating applications for its own development (or a development involving the Council and another party) on an equal footing with all other applications as well as actually doing so.
7.2 All such proposals will be subject to the same administration processes, including consultation, as private applications with consideration being made in accordance with policy and any other material planning considerations.
7.3 In order to ensure transparency and openness in dealing with such applications Council proposals (save for discharge of conditions) will be determined by the Planning and Development Control Committee and not by the Head of Planning under delegated powers.
36 8. PRE-APPLICATION AND ENFORCEMENT DISCUSSIONS
8.1 Pre-application meetings between Officers and potential applicants and negotiations regarding breaches of planning control are encouraged. The aim of such meetings is to ensure beneficial development and to resolve matters that might otherwise lead to the refusal of planning permission. Such discussions will normally take place at Officer level and Members shall, wherever possible, refer requests for such advice to the Officers. If Members become involved in such discussions they should make it clear that their views are personal and provisional. To avoid such meetings being misunderstood:-
> It will be made clear at such meetings that only personal and provisional views based upon the Development Plan and other material considerations can be given and no commitments can be made which would bind or otherwise compromise the Planning & Development Control Committee or any member of the Committee. > A note of the discussion will be taken and placed on file and made available for public inspection once an application has been made. > Where exceptionally meetings are to involve Councillors the meetings will be arranged by and attended by Officers.
9. PLANNING COMMITTEE SITE VISITS
9.1 Purpose
9.1.1 Planning and Development Control Committee site visits are not meetings where decisions are made and neither are they public meetings. They are essentially fact finding exercises held for the benefit of Members where a proposed development may be difficult to visualise from the plans and supporting material. They may be necessary for careful consideration of relationships to adjoining property or the general vicinity of the proposal due to its scale or effect on a listed building or conservation area.
9.2 Request for a Site Visit
9.2.1 A request for a site visit is normally made by the local Ward Member in response to being consulted on the proposed development. The request must be in writing and should clearly indicate the planning reasons for the visit. Site visits can be costly and cause delay so it is important that they are only held where necessary and prior to Committee. Site visits are held pursuant to a decision of the Chair of the Planning and Development Control Committee or pursuant to a request from a local Member including another Ward Member consulted because the application significantly affects the other ward.
37
9.2.2 Examples where a site visit would not normally be appropriate include where;
* purely policy matters or issues of principle are at issue * the Member wishes to consider boundary or neighbour disputes * issues of competition * loss of property values * any other issues which are not material planning considerations * where Councillors have already visited the site within the last 12 months, except in exceptional circumstances
9.3 Format and Conduct at the Site Visit
9.3.1 Members of the Planning and Development Control Committee and the Local Ward Member(s) will be notified in advance of any visit.
9.3.2 Advance notice of the site visit will also be sent to the applicant or agent requesting that access to the site for Members/officers be provided at the specified time/date and pointing out that the applicant/agent will not be allowed to participate in the site visit.
9.3.3 The Chair will invite the Planning Officer to briefly outline the proposal and point out the key issues raised by the application and of any vantage points from which the site should be viewed. The local ward Member will be invited to speak, followed by other Members of the Committee who may ask questions and seek clarification from officers who will respond. Any statement or discussion concerning the principles and policies applicable to the development should not be allowed by the Chairman.
9.3.4 Although site visits are not part of the formal Committee consideration of the application, the Code of Conduct still applies to site visits and Members should have regard to the guidance on declarations of personal interest.
9.3.5 A file record will be kept of those attending the site visit, together with a brief note of any points raised.
9.3.6 For the avoidance of doubt references in this section to Local Member(s) includes adjacent Ward Members where the application significantly affects their Ward.
9.3.7 Occasionally the applicant/agent/owner of the site to be visited may not permit Members and officers onto the site. There may be good reason for this, for example, if someone was injured they could have a claim against the landowner. Where access is refused to one or more of the elected
38 Members, the Chairman will be advised that none of the Members and officers should enter onto the land. In such circumstances the site should be viewed from the nearest public land such as the public highway.
9.3.8. In summary site visits are:-
> Fact finding exercise. > Not part of the formal Committee meeting and therefore public rights of attendance do not apply. > To enable Officers to point out relevant features. > To enable questions to be asked on site for clarification. However, discussions on the application will only take place at the subsequent Committee.
10. PROCEDURE AT PLANNING COMMITTEE
10.1 The majority of planning applications are determined by the Head of Planning under the Council’s Delegation scheme. This is necessary to ensure that most decisions are made in a timely manner. Whilst Members have a right to request that applications, affecting their ward be determined by the Planning and Development Control Committee such requests should be justified by clearly identifying in writing why a Committee decision is required. This is generally done on the return notification form sent out to Members.
10.2 Officers will produce written reports on all planning applications reported to Committee. In respect of each proposal the report will include, amongst other matters;
* description of the proposal * description of the site * responses to consultations and officer observations thereon. * summary of objections and / or support received * relevant site history * relevant Development Plan policies * relevant planning guidance where appropriate * any other material planning consideration * an appraisal by the Case Officer which will include the relevant views of other consulted Officers within the Planning Division * a clear recommendation * brief details of the substance of any conditions to be imposed or; * full details of reasons for refusal.
10.3 Late observations received by 5.00 p.m. the day before a Committee meeting will be summarised and reported separately and circulated to Members immediately prior to the start of the meeting.
39
10.4 The Planning Officer will briefly introduce each item highlighting the key issues for Members consideration.
10.5 Where an application is being reported to Committee, the Chair will allow oral representations to be made in accordance with the protocol on public speaking prior to the Committee debating the application.
10.6 Where a Member seeks and obtains a majority for a deferment for a specific purpose then there will be no further debate on that matter until such time as the proposal is re-presented.
11. DECISIONS CONTRARY TO OFFICER RECOMMENDATION
11.1 From time to time members of the Planning & Development Control Committee will disagree with the professional advice given by the Head of Planning. The Committee’s decisions must be in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. If Members propose to make a decision contrary to the Officer recommendation (whether for approval or refusal), the proposer should set out clearly the reasons for doing so. The Chairperson will ensure that the Officer is given the opportunity to explain the implications of the contrary decision, before a vote is taken.
11.2 In cases where the Planning and Development Control Committee decides for good and valid reasons to depart from the Head of Planning recommendation, the Committee must always define the reasons for rejecting the Officer’s recommendation and those reasons must be recorded in the minutes of the meeting.
11.3 In the case of conditions which the Committee wishes to add or amend, the drafting is delegated to the Head of Planning and, if appropriate, in consultation with the Chair of Committee.
11.4 In cases of refusal the reasons shall be clearly stated and agreed by Members.
11.5 Where Members seek to determine a planning application contrary to Officer recommendation that application may be deferred to next meeting of the Committee only upon a majority vote of the Committee in favour of such deferment to enable Officers to advise Members further.
40 12. PLANNING APPEALS
12.1 There are a wide variety of different factual situations relating to appeals. There can be appeals against non determination or against a refusal made under officers’ delegated powers or by the Planning Committee, either in accordance with the officer recommendation or contrary to the officer recommendation. Appeals can be heard by way of written representations, informal hearing or at an inquiry. The appeal may relate to a major or a minor planning proposal, a development that has attracted a lot of interest from Members and the public or a proposal that is of limited interest. Because of the range of circumstances, the way the Council responds to an appeal will be individual to the circumstances of that appeal. The following principles will guide the Council’s response to each specific appeal.
12.2 The Council recognises the importance of complying with the timescales within the appeal process as a failure to meet these timescales can lead to an award of costs against the Council.
12.3 The Council will adopt a team approach to appeals whereby Members and officers work together in the best interest of the Council, irrespective of how the decision appealed against was arrived at.
12.4 The decision whether an appeal is determined by way of written representations, informal hearing or public inquiry is a matter for the Planning Inspectorate but the Council is given the opportunity of making representations as to the appropriate format. The Head of Planning will make representations on behalf of the Council as to its preferred format where possible following consultation with the local Member(s).
12.5 In the case of Informal Hearings and inquiries, the Head of Planning will determine who shall present the case on behalf of the Council following consultation with the Chair and Vice Chair of the Planning and Development Control Committee.
12.6 Where the decision appealed against was made by officers under delegated powers or was pursuant to an officer recommendation, the case will normally be presented by the Council’s officers.
12.7 Where the decision was made by Members contrary to officer recommendation, attendance by one or more Member would assist the Council’s case and relevant Members will be approached by the Head of Planning to ascertain their availability. Officers will assist any such Member in preparing for the appeal.
41 12.8 External legal representation and/or consultants will be engaged where the Head of Planning, following consultation with the Local Member(s) and the Chair and Vice Chair of the Planning and Development Control Committee, believes this to be appropriate in all the circumstances. One relevant circumstance is the need for Planning Officers who are members of The Royal Town Planning Institute to comply with its Code of Professional Conduct and not make statements purporting to be their own which are contrary to their bona fide professional opinion.
13. PLANNING OBLIGATIONS
13.1 The Planning and Development Control Committee may, when considering the merits of an individual planning application, consider any planning obligation which has been offered by the applicant or agent but should form a view solely on the basis of the contents of the application and should take into account offered planning obligations only to the extent that they are necessary to make a proposal acceptable in land use planning terms.
13.2 Councillors should avoid becoming involved in discussions with applicants, prospective applicants, their agents, landowners or other interested parties regarding benefits, which may be offered to the Council, or benefits which the Council itself wishes to obtain.
14. REGULAR REVIEW OF DECISIONS
14.1 As part of the aim to continually improve the quality of planning decisions Members will have the opportunity to revisit a sample of implemented planning decisions. Such reviews will be a positive step to improve the quality and consistency of decision-making, not only strengthening public confidence in the planning system but also assist with the review of planning policy.
14.2 Such a review will take place annually and briefing notes will be prepared for each case. The Planning and Development Control Committee will formally consider the review and decide whether it gives rise to the need to reconsider any policies or practices.
15. COMPLAINTS
15.1 Any issues or concern arising from this Code of Practice can be raised with the Chairperson of the Planning and Development Control Committee, the Monitoring Officer, the Head of Planning or the Legal Officer present at Committee. (The Council also has a formal complaints system in operation, which can be used if necessary).
PJE General\Planning Code of Practice Updated 3 November 2010
42 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 13
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: MEMBER ENGAGEMENT MANAGER SUBJECT : OVERVIEW & SCRUTINY COMMITTEES - AMENDMENT TO TERMS OF REFERENCE
1.00 PURPOSE OF REPORT
1.01 To invite the Council to consider a slight change to the terms of reference of two of the Overview & Scrutiny Committees to avoid potential for doubt and duplication.
2.00 BACKGROUND
2.01 The terms of reference of the Overview & Scrutiny Committees were reviewed and approved by the Constitution Committee and subsequently by Council in September 2010.
3.00 CONSIDERATIONS
3.01 During consideration of the draft Overview & Scrutiny Annual Report by the Co- ordinating Committee, a Member drew attention to the inclusion of the phrase 'Performance Framework and co-ordination' within the terms of reference of the Community Profile & Partnerships Overview & Scrutiny Committee (CP&P). The Member Engagement Manager acknowledged that the intention had been to assign that task to the Corporate Resources Overview & Scrutiny Committee entirely, and that the continued inclusion of the reference within CP&P could lead to either confusion or duplication. The Co-ordinating Committee agreed that a recommendation be made that the reference be excised.
3.02 The terms of reference of the Corporate Resources Overview & Scrutiny Committee already contain the phrase 'Overview of Performance Management'. It is suggested that this be amended to 'Overview and co-ordination of the Performance Management Framework' and the Constitution be amended accordingly.
3.03 This report has already been considered by the Constitution Committee which approved the suggested change. Any such change needs Council approval.
4.00 RECOMMENDATIONS
4.01 That the terms of reference of the Community Profile & Partnerships Overview & Scrutiny Committee be amended to remove the phrase 'Performance Framework and co-ordination'.
Date: 16/11/2011 43 Flintshire County Council
4.02 That the terms of reference of the Corporate Resources Overview & scrutiny be amended to change the phrase 'Overview of Performance Management' to 'Overview and co-ordination of the Performance Management Framework'.
5.00 FINANCIAL IMPLICATIONS
5.01 None
6.00 ANTI POVERTY IMPACT
6.01 None
7.00 ENVIRONMENTAL IMPACT
7.01 None
8.00 EQUALITIES IMPACT
8.01 None
9.00 PERSONNEL IMPLICATIONS
9.01 None
10.00 CONSULTATION REQUIRED
10.01 Publication of this report constitutes consultation.
11.00 CONSULTATION UNDERTAKEN
11.01 Publication of this report constitutes consultation.
12.00 APPENDICES
12.01 None
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Minute 9 of the Co-ordinating Committee 22nd September 2011 Minutes of the Constitution Committee 19th October 2011
Contact Officer: Robert Robins Telephone: 01352 702320 E-Mail: [email protected]
Date: 16/11/2011 44 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 14
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: MEMBER ENGAGEMENT MANAGER SUBJECT : OVERVIEW & SCRUTINY ANNUAL REPORT
1.00 PURPOSE OF REPORT
1.01 For the Council to receive the Annual Report of the Overview & Scrutiny function for 2010/11.
2.00 BACKGROUND
2.01 Article 6.03(d) of the Council's Constitution provides that 'Overview & Scrutiny committees must report annually to full Council through the Overview & Scrutiny Co-ordinating Committee on their workings and make recommendations for future work programmes and amended working methods if appropriate'.
2.02 A draft copy of the Annual Report was considered and approved by the Co- ordinating Committee at its meeting on 22nd September 2011.
3.00 CONSIDERATIONS
3.01 A copy of the final version of the report, as amended and approved by the Co- ordinating Committee, is attached.
3.02 During consideration of the Annual Report, a duplication in ther terms of reference of two of the overview & scrutiny committees was recognised. This is resulted in a report to the Constitution Committee and is now the subject of a separate report on this agenda.
4.00 RECOMMENDATIONS
4.01 That the County Council receives the Overview & Scrutiny Annual Report for the 2010/11 municipal year.
5.00 FINANCIAL IMPLICATIONS
5.01 None arising directly from this report.
6.00 ANTI POVERTY IMPACT
6.01 None arising directly from this report.
7.00 ENVIRONMENTAL IMPACT
Date: 16/11/2011 45 Flintshire County Council
7.01 None arising directly from this report.
8.00 EQUALITIES IMPACT
8.01 None arising directly from this report.
9.00 PERSONNEL IMPLICATIONS
9.01 None arising directly from this report.
10.00 CONSULTATION REQUIRED
10.01 Not applicable.
11.00 CONSULTATION UNDERTAKEN
11.01 Publication of this report constitutes consultation.
12.00 APPENDICES
12.01 Overview & Scrutiny Annual Report 2010/11
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
As referred to in the report
Contact Officer: Robert Robins Telephone: 01352 702320 E-Mail: [email protected]
Date: 16/11/2011 46
Overview & Scrutiny Annual Report
May 2010 to April 2011
1 47 Contents
Foreword By Cllr Hilary McGuill, outgoing Chair of the Co-ordinating Committee 3
Report Format 4
Committee Structure 4
Leisure Centres 11
Disabled Facilities Grants Workshop 12
Streetscene 14
Community Houses 16
Crime & Disorder Powers 18
The Budget Process 19
The Local Government Measure 19
The beneficial effects of effective Overview & Scrutiny function 23
Conclusions and Looking to the Future by Cllr Hilary McGuill and Cllr Jim Falshaw, Chair and Vice-chair of the Co-ordinating Committee 24
Appendix 1 Committee Membership 2010/11 25
Appendix 2 Topics covered and activity information 27
2 48
INTRODUCTION TO THE ANNUAL REPORT
By Councillor Hilary McGuill
This is my last Annual Report as the Chairman of the Co- ordinating Committee, as by the time it is published I will already have been elected as Chairman of the Council.
Since 2008, I have thoroughly enjoyed discharging the dual role of Chairman of the Co-ordinating Committee and Chairman of the Social & Health Overview & Scrutiny Committee. Both of these have been demanding roles, but in completely different ways. The common link is that both roles have been opportunities to make a difference, and with my fellow Councillors has enabled me to make a considerable contribution to the effective corporate governance of Flintshire.
Two of the major issues which we have passed during the last three years are the creation of a new more appropriate Overview & Scrutiny Committee Structure, and also our extensive comments on the long awaited draft Local Government Measure. These topics are covered in this year’s report, as is the work which has been carried out by the functional committees on Streetscene; the Community House Review, Leisure Centres and Disabled Facilities Grants.
During the year we saw the loss of two members of the Officer Team, Bev Symonds to another Authority and Sharon Thomas to become a Committee Officer. As Sharon is now attached to the Environment Overview & Scrutiny Committee, she has not moved too far away. We are now coping with reduced staffing levels: not ideal but the situation is hardly unique. What is apparent is that the spirit of co-operation and enthusiasm from amongst the Elected Members and the Officer Team has ensured that these changes have been overcome with fortitude.
I wish my successor as Chair of the Co-ordinating Committee Councillor Hilary Isherwood well in her endeavours.
Signed
Councillor Hilary McGuill Chairman of the Co-ordinating Committee
3 49
REPORT FORMAT
As has been our practice for the last two annual reports, instead of commenting specifically on the work of the individual Committees, we have identified major pieces of work which have been undertaken.
The items chosen - reviewing the Committee Structure, commenting on the Local Government Measure, Crime and Disorder Powers, Leisure Services, Disabled Facilities Grants, Streetscene and Community Houses were identified because of the significant work which has gone into each of them.
COMMITTEE STRUCTURE
We have always been keen to ensure that our Overview and Scrutiny Committee structure is the “best fit” for the organisation’s needs. To this end, the structure has been changed on a number of occasions over the 10 years for which we have been operating Overview and Scrutiny arrangements.
Following the 2008 Elections, concerns were expressed about the effectiveness of the Overview and Scrutiny Committee structure. This led to a wide ranging discussion about form and function: arguments were put forward for a smaller number of Committees, ranging between 3 and 5.
Following an extensive exercise involving the Co-ordinating Committee, the Constitution Committee and a Member Task Group the prevailing view was that we should retain 7 committees and a final structure was presented and approved by Council on the 29th of September 2010.
Some of the Committees did not change at all. Lifelong Learning for instance had no change, whilst the name of the Environment & Regeneration Committee was shortened to Environment. Social & Health became Social & Health Care to provide a refocus of that Committee’s responsibilities, whilst it was recognised that the Community and Housing Committee now deals solely with Housing relating matters, and thus its name is now the Housing Overview & Scrutiny Committee.
It was with the two central committees the biggest changes have taken place. The Corporate Resources Committee now encompasses all of the responsibilities of the former Corporate Management Committee, together with the human resources and performance aspects of People and Performance.
The largest and potentially the most exciting departure from the previous structure is the creation of the Community Profile and Partnerships Committee. The terms of reference of this Committee anticipated the new
4 50 scrutiny powers contained within the Local Government Measure, which will enable the Committee to engage more effectively with external partners. To this end, the Committee has held meetings which have been attended by the North Wales Police, Glyndwr University, the North Wales Fire and Rescue Authority and the Betsi Cadwaladr University Health Board.
During the development of the new Committee’s forward work programme it will be seeking to engage with other public sector service providers, and also with the third or voluntary and charity sector. The Community Profile and Partnerships Committee is also tasked with scrutiny of the Local Service Board. The terms of reference and the working relationships of the new Committee Structure are shown overleaf.
5 51 Terms of Reference of and working relationships for Overview & Scrutiny Committees
Name of Overview & Scrutiny Scope Committee Corporate Resources Corporate Management and Governance, Organisational design/ Flintshire Futures programme 15 Elected Monitoring Finance but not specific control issues which Members are within the remit of the Audit Committee, Revenue and Capital Budget monitoring, Chair: Cllr B Dunn Asset Management, Vice-chair: Cllr C S Carver Strategy and Planning, People strategy and Single Status, Strategic Assessment of Risks and Challenges, Overview of Performance Management, Performance and Policy development for all 4 Corporate Services :
Relevant Executive Member Portfolio Leader, Deputy Leader, EM for Finance & Asset Management, EM for Corporate Management
Key Officer Contributors and Attendees Chief Executive and 4 Corporate Service Heads
HR and OD, ICT and Customer Services, Finance and Legal & Democratic Services
Robert Robins (committee taker / facilitator) Tracy Waters (committee officer)
Environment All services provided by the Environment Directorate including, as per the new Directorate Structure, 15 Elected Members Assets and Transportation, including TAITH, highways, Chair: Cllr M J Peers engineering and energy issues but not valuation/estates Vice-chair : Cllr N Jones which are specifically remitted to the Corporate Resources OSC Planning, including planning and environmental strategy, development control, minerals and waste planning, countryside and the environment Public Protection, including community , health protection and environmental protection Regeneration, including Communities First, economic development & tourism, enterprise and the Regeneration Partnership
6 52 Name of Overview & Scrutiny Scope Committee
Street Scene Services including AD Waste, Environmental and waste management, neighbourhood services and the vehicle fleet. Environment Performance and policy (continued) Development within the Environment Directorate.
Relevant Executive Member Portfolio EM for Environment, EM for Leisure and Health, EM for Waste Management, EM for Regeneration and Tourism
Key Officer Contributors and Attendees
Chief Executive as lead officer for the North Wales Residual Waste Treatment Project, Director of Environment and Service Heads
Samantha Owen (committee taker / facilitator) Sharon Thomas (committee officer)
Housing All housing services provided by the relevant divisions of the Community Services Directorate e.g. 15 Elected Members Housing Management, Chair: Cllr R G Hampson Housing Strategy Vice-Chair: Cllr G Hardcastle Stock Ballot progress and ongoing work relating to the future of the housing stock. Neighbourhood housing renewal areas Performance and policy development for the Housing Service.
Relevant Executive Member Portfolio Leader, Deputy Leader and EM for Housing
Key Officer Contributors and Attendees
Chief Executive, Director of Community Services and Head of Housing
Sam Owen (committee taker / facilitator) Ceri Owen (committee officer)
7 53 Name of Overview & Scrutiny Scope Committee Lifelong Learning All services provided by the Lifelong Learning Directorate: 15 Elected Members (5 Education, Statutory Co-Opted School organisation Members) School Improvement Early Years Chair Cllr R P MacFarlane Special Educational needs Vice-chair Cllr J C Cattermoul Adult and Community learning, (until November 2010) Youth Services, Cllr C A Thomas Libraries, Culture and Heritage including archives, (from December 2010) records management and museums Leisure Services, including Leisure and sports centres, swimming pools, and recreational facilities/activities Relations with external education providers/partners - Deeside College, Glyndwr University etc on service specific issues Relations with DCELLS (Department for Children, Education, Lifelong Learning and Skills) Children and Young People’s Partnership (jointly with Social & Health Care Overview & Scrutiny) Performance and policy development for services within the Lifelong Learning directorate.
Relevant Executive Member Portfolio EM for Education and EM for Leisure and Health
Key Officer Contributors and Attendees Director of Lifelong Learning and Services Heads
Margaret Parry-Jones (committee taker / facilitator) Maureen Potter (committee officer)
Community Profile & Community Strategy and Leadership initiatives Partnerships All external and regional collaboration and partnership (Statutory Crime & working with other public service bodies Disorder Committee) Local Service Board, Community Safety Partnership 15 Elected Members Statutory Crime & Disorder committee, thus relationship with the Police, Fire, Probation etc Chair: Cllr F Gillmore Voluntary Sector compact Vice-chair: Cllr R B Jones Clwyd Theatre Cymru Cross Cutting Policy issues, (Those members who Performance Framework and co-ordination represent Flintshire on the the Outcome Agreement Police or Fire & Rescue But excluding issues specifically remitted to another Authority and who are not committee (eg NWRWTP,TAITH or DCELLS) already named members of the Committee to be co-opted
8 54 Name of Overview & Scrutiny Scope Committee for meetings when crime & Relevant Executive Member Portfolio disorder issues are Leader, considered) Deputy Leader, and EM for Corporate Management Community Profile & Partnerships Key Officer Contributors and Attendees (continued) Chief Executive all other CMT members
Robert Robins (committee taker / facilitator) Tracy Waters(committee officer)
Social & Health Care Services provided by the Community Services directorate relating to: 15 Elected Members Social Services to Adults Chair: Cllr H J McGuill Social Services to Children, Vice-chair: Cllr A. Davies- Social & Health Care Strategy development, Cooke until November 2010 Children and Young People’s Partnership (jointly with Lifelong Learning Overview &Scrutiny)
Monitoring service delivery by the Health Services Providers and Voluntary sector including the relationship with Betsi Cadwaladr University Health Board.
Health Social Care and Well-being Partnership and the Good Health Good Care Strategy
Policy and performance development within the social care and development and resources divisions of the Community Services Directorate
Relevant Executive Member Portfolio EM for Social Services
Key Officer, Contributors and Supporters
Director of Community Services and Service Heads
Margaret Parry-Jones (committee taker / facilitator) Maureen Potter (committee officer)
Co-ordinating Allocating, co-ordinating and prioritising the work of the Overview and Scrutiny Committees where necessary 15 Elected Members Dealing with matters of common interest to overview & Scrutiny Chair Cllr H J McGuill Identification / allocation of appropriate Scrutiny Chairs Vice-chair: Cllr J E Falshaw for consent / consultation purposes
9 55 Name of Overview & Scrutiny Scope Committee The examination and development of good scrutiny practice The promotion, effective development and maintenance Co-ordinating of a high profile Overview and Scrutiny Function to (continued) ensure maximum opportunity for non-executive member engagement. Liaison with and responding to the Welsh Assembly Government on emerging legislation relevant to Overview & Scrutiny.
Key Officer Contributors and Supporters
Chief Executive, Head of Legal & Democratic Services, Democracy & Governance Manager Member Engagement Manager Overview & Scrutiny Facilitators
Ceri Owen (committee officer)
10 56 Lifelong Learning Overview & Scrutiny Committee Leisure Centres
One of the major items considered over the last 12 months has been Leisure Centre provision.
Through its role in monitoring performance the Committee was concerned that the number of recorded visits to Leisure Centres was down in some areas on the previous year. Members requested a further report on user figures at Leisure Centres in Flintshire over recent years to provide more detailed information and to consider any trends which may be emerging.
The impact of poor weather on attendances across centres was evident and the impact of closure for refurbishment or renewal work. The Lifelong Learning Overview & Scrutiny Committee will continue to monitor the level of use at all the Centres through the quarterly performance reports.
The committee also considered proposals for service change to support the delivery of the Leisure Strategy, Leisure organisational redesign service review and to create efficiencies across Leisure Services to enable the service to manage within budget.
The Committee emphasised the impact of withdrawal of leisure facilities including the potential social impact and highlighted the issues of access, concerns regarding dual use centres and the withdrawal of leisure services staff, lone working, the proposal to cease Council support for swimming development and proposed changes in catering arrangements.
The view of the Committee was that Leisure Services is an Invest to Save area and that a full review should be undertaken prior to a decision being made on the future of leisure services and they encouraged the Executive to explore further alternative options prior to any decisions being made.
In January 2011 Members called in the decision taken by the Executive due to concerns including the effect of the decision upon three leisure centres, the reduction in staffing and the lack of meaningful consultation undertaken with service users regarding the three leisure centres affected.
Having considered the decision the Lifelong Learning Overview & Scrutiny Committee was still concerned and referred it back to the Executive to reconsider. We received a report to update the Committee on the key issues raised at the call-in. The Director advised that there was a genuine commitment to securing the ongoing community use of school sports facilities and that the Authority was working closely with the Governing Bodies to secure the ongoing use of the facilities. The Chief Executive assured Members that there had never been a proposal to close leisure centres but to agree a workable operating model to ensure a sustainable and viable future for leisure centres in Flintshire.
11 57
The Committee have also been actively involved at all stages in the exciting re-development work at Deeside Leisure Centre by Flintshire County Council in partnership with Alliance Leisure. These include the development of six 5- aside pitches and the provision of Fitness, Health and Spa facilities.
Disabled Facilities Grants Workshop
A joint meeting of the Social & Health Care and Housing Overview and Scrutiny Committee held on the 14th June 2010 considered a report informing them of current performance in relation to Disabled Facilities Grants. The report demonstrated the significant increase in referrals to the Occupational Therapy Service from 150 per month in 2009 to over 200 per month in 2010. Reasons given included supporting people with very complex needs, earlier discharges from hospital and the increase in the number of elderly people in Flintshire.
In September a workshop was arranged to consider ideas and offer solutions to reduce waiting times. Research was undertaken into models of self- assessment for basic aids and minor adaptations demonstrating how other Authorities had implemented self-assessment and other innovative ways used to reduce waiting times for OT services.
In addition to Members of both Committees and Officers from Community Services, officers from the Care & Repair Agency were also invited to the workshop. Officers gave presentations on the referral process by using case studies and then Members and officers formed two groups to consider what could be done to improve matters and identify what actions were required.
An action plan of the recommendations agreed has been produced and progress is being monitored. Following is an extract from the Action Plan.
12 58 Recommendation from Action taken workshop
• Self Assessment to be i. Steering group identified. considered as an option, with a ii. Service improvement has been designed / suggestion that consideration be introduced - people in local authority housing given to the models already referring to Social Services are being visited by operating in other Authorities, Housing Options Advisor to consider alternatives to e.g. Barnet, Cumbria, Leicester. adaptation.
• Consider joint working between Clinical supervision is now provided by Social Adults & Children's Occupational Services for Adults Team Manager to all Children’s Therapy Services Integrated Disabilities Service Occupational Therapists.
i. Care and Repair have trained its first small aids • Exploration of Registered assessor. Assessors Model used in ii. System has been developed to ensure maximum Knowsley which is currently being efficient use and support from Social Services for considered by Flintshire Care & Adults. Repair. iii. Small aids assessor achieved Jan 2011 iv. O.T. mentor commenced March 2011 v. Improvements for service users will be recorded and subsequently reported.
• Future proofing appropriate A list of accommodation where walk in showers will housing stock - e.g. walk in automatically be provided has been drawn up and showers benefits ongoing.
• Strengthen communication with The housing options pilot will ensure that tenants Flintshire Tenants awaiting will have a named contact at the very start of the adaptation and awaiting transfer, process and procedures are being put in place to and how this impacts on them. ensure they are provided with regular updates.
• Use of third sector for assistance i. Arrangements are in place for Care & Repair to with clients in application process. assist clients with the application process if they are 60+ or disabled. ii. Suitable partnering with other third sector bodies is being explored.
• Pilot at Llys Eleanor re: self Achieved - waiting list removed. assessment for bathing issues.
13 59 STREETSCENE
Following a report to the Environment and Regeneration Overview and Scrutiny Committee in January 2009 a Streetscene Members' Task and Finish group was formed. The group has met regularly since that date, investigating various options and best practice for the future delivery of the Streetscene service in Flintshire.
The Group has made a number of visits to neighbouring Councils to look at specific service delivery options. The Group has invited relevant Officers to attend their meetings and the dedicated Head of Service (Streetscene) has also attended since commencing his post within the Environment Directorate on October 1st 2010.
Because of the complexity and scale of the Streetscene project the group has concentrated on the four main components of the proposal.
- Improving Customer Access to the Service - Raising Public Awareness of the Service - Operational Changes to deliver a more joined up Service - Depot Rationalisation
The Streetscene service will be accessed by a single, local telephone number 01352 701234, and via a single dedicated webpage. The enquiries will be directed to the Council’s own Contact Centre and answered by staff trained to deal with all of the Streetscene services.
Standards for all of the Streetscene services have been agreed between members of the Task and Finish group, Officers and subsequently endorsed by the Environment Overview & Scrutiny Committee. Customers will be informed of the standard of service they can expect at first point of contact .i.e. the street light will be repaired within 5 working days. The performance of the Streetscene service in achieving the standards will be reported regularly to the Environment Overview & Scrutiny Committee. This will allow the service to be monitored for effectiveness and for the standards to be regularly challenged.
The group agreed that a recognisable and consistent brand for the new Streetscene service is essential and that the brand should be publicised and used to promote both the service itself and how the residents can access the service. The Task and Finish group worked with the Design and Print section to develop a brand which will be used on all vehicles and advertising literature to promote the Streetscene service in the future.
14 60 Currently the individual service areas operate largely without reference to each other and without coordination. The result is duplication and a lack of ownership throughout the service. The Task Group agreed that local ownership and accountability are a key element of a successful Streetscene service - with responsibility for all of the services within the Streetscene portfolio resting with a single member of staff within a dedicated Area of the County.
The Areas will:
1. Follow Council and Town and Community Ward boundaries to allow local relationships and working arrangements to flourish.
2. Follow Neighbourhood Policing Areas to allow information on local environmental and ASB issues to be passed between the two organisations
3. Follow Council Enforcement Officer areas to allow information on local environmental issues to be passed between the two parties
Currently no area working arrangements exists and there are a wide variety of staff travelling the entire Council area with responsibility for single elements of the service. Under the new Streetscene arrangement, the current staff will be allocated to individual areas, based on Council Ward boundaries. The staff will be responsible for all of the Streetscene services within that area providing Members with a dedicated Streetscene contact for all service enquiries. The Task and Finish group had raised some concerns relating to the staffing and resources of the new Streetscene service, and so had regular briefings with the Head of Streetscene to ensure the concerns were addressed.
15 61 COMMUNITY HOUSES
In April 2010, the former Community & Housing Overview & Scrutiny Committee formed a task and finish group to consider the operation and management in the use of current and future community houses. The task and finish group members were Councillors Ron Hampson (Chair), Gareth Roberts, David Mcfarlane, Haydn Bateman, Norma Jones, Ray Hughes and co-opted Marion Bateman, with officer assistance from Hannah Fargher, Neighbourhood Manager and Samantha Owen, Overview & Scrutiny Facilitator. The Task group's terms of reference were agreed and brought before full committee for support on 6 July 2010.
The review consisted of four task group meetings, two site visits and two workshops with representatives from each of the Community Houses. The purpose of the first task group meeting was to gain a base line knowledge of the current position of the running of community houses in Flintshire and to agree the terms of reference for the review. The six community houses/rooms were in Panton Place, The Holway and The Strand in Holywell, Knight's Green in Flint, Manley Court in Shotton, and Saltney Ferry.
The two site visits helped the task group members understand the different services each of the community houses offered and identified a number of differences in how each of the community houses were managed by their respective management committee's. As a result of the site visits the task group agreed that it was unfair that the three community rooms at Manley Court, Knight's Green and Panton Place should be labelled a community house, as these had been set up purely to address the needs of residents in each of the sheltered complexes. Through the use of the workshops, the task and finish group were able to consult with community representatives throughout the development of the draft policy and working procedures, as members recognised the impact the proposed policy would have on community representatives. The work of the member and officer task and finish group resulted in the development of: • An application form along with guidance notes for prospective community houses • An annual review and business plan template with guidance notes for existing community houses. • An annual health and safety inspection check list • Revised management agreement which now includes a code of conduct • The draft policy which draws together all the processes • A review of the financial costs to the authority in supporting community houses.
The draft policy recognises the important services a community house can provide for its community, with the charging of rent being determined on the value of services provided at a community house, the needs of the community and whether the services are provided by another organisation within the
16 62 vicinity. This proposal will allow the flexibility for the authority to introduce a suitable rental charge if the need is identified.
It was agreed by the group that the authority should continue covering the costs for repairs and maintenance and the building insurance for all three community houses. However, to provide fairness and consistency, arrangements would be made with the management committee from The Strand, to phase out the total financial support for running costs, and bring them into line with the same financial support given to The Holway and Saltney Ferry community houses.
It was agreed that a training session would be arranged and facilitated by the Tenant Participation Officer to assist each of the community houses in preparing their first annual review and business plan. This support will be on- going as a when required.
17 63 CRIME & DISORDER POWERS
With effect from the 1st October 2009 the Crime and Disorder (Overview and Scrutiny) Regulations 2009 came into force. The regulations and guidance made clear that each Local Authority needs to have a Crime and Disorder Overview and Scrutiny Committee which includes the powers given by Sections 19 and 20 of the Police and Justice Act 2006. The Crime and Disorder powers rested with the Corporate Management Committee from October 2009 until that Committee was replaced by Community Profile and Partnerships with effect from the 29th of September 2010.
The role of the Committee in relation to Crime and Disorder issues is to:-
Consider actions undertaken by the responsible authorities in a Community Safety Partnership.
The responsible authorities include the Council, the Police Authority, the Chief Constable, the Fire and Rescue Authority and the Probation Service.
To consider Councillor calls for action. This is where a Councillor is asked to consider a local Crime and Disorder matter by a person who lives or works in the area that the Councillor represents. The Councillor should consider the matter and respond to the person indicating what if any actions he or she proposes to take and that he or she may refer the matter to the Crime and Disorder Committee.
Make reports and recommendations to the Local Authority or to other responsible authorities.
The Crime and Disorder Committee is required to meet on at least one occasion in a 12 month period.
Crime and Disorder issues were discussed at Corporate Management in May 2010, at Community Profile and Partnerships in October 2010 and in December.
As part of widening participation in the Committee, those Members who represent the County Council on either of the Police or the Fire and Rescue Authorities are invited to attend meetings of Community Profile and Partnerships when Crime and Disorder issues are to be considered, as co-optees.
18 64 THE BUDGET PROCESS
The practice for holding Budget Consultation meetings with Overview & Scrutiny has developed and been refined over the last few years. At each meeting an overview of the Council’s Finances and Budget Projections is given by the Chief Executive and the Head of Finance, after which the relevant Director and/or Heads of Service provide more service specific details. The Leader and the appropriate Executive Member or Members are invited to attend each meeting.
In 2010 / 11 the sequence started with a meeting of Corporate Resources which dealt with the Corporate Services Directorate and Corporate Centre for Finance, and was then followed by Housing (both HRA and General Fund) Environment, Lifelong Learning and Social & Health. The last meeting of the initial sequence was a second meeting of Corporate Resources, which collected the views of all of the Overview & Scrutiny Committees, to make a formal response to the Executive. At that meeting the Capital Programme was also considered. In a new departure a further meeting of Corporate Resources was held after the Executive had considered the Budget proposals and before they were considered by Council. This means that full opportunity for discussion on the proposals had been made available.
THE LOCAL GOVERNMENT MEASURE
For quite some time the then Welsh Assembly Government had been carrying out consultation on Overview and Scrutiny powers. At the time, the Assembly lacked the necessary legislative competence to make any legal changes. Subsequently, in anticipation of legislative competence, the proposed Local Government (Wales) Measure was introduced.
On the 12th July 2010, Carl Sargeant, then Minister for Social Justice and Local Governance in the Welsh Assembly Government announced the Local Government (Wales) Measure, Part 6 of which relates to Overview & Scrutiny arrangements.
19 65 Joint Scrutiny Committees
Section 57 of the proposed Measure enables regulations to be made so that two or more local authorities could form joint Overview & Scrutiny Committees. The Section proposed that certain matters be excluded matters be excluded from consideration by joint Committees, including Crime and Disorder matters. Whilst Flintshire had occasionally been involved in informal joint scrutiny arrangements, the proposals would enable formal arrangements to be made. The Committees supported the proposal, but felt that Crime and Disorder matters should be included. A good example for this is the proposals for a joint Community Safety Partnership covering Flintshire and Wrexham.
External Scrutiny
Sections 58 to 60 deal with external scrutiny, so that Overview & Scrutiny Committees would have powers to acquire information and attendance at meetings if requested, from “designated persons that provide public costs, services, goods or facilities of a public nature”. Previously Overview & Scrutiny Committees have relied on more general powers contained in Section 2(e) of the Local Government Act 2000 however it was unclear whether the provisions would cover the National Health Service. The Committee felt that these provisions should cover the Health Service; this followed on from representations which the Council has made to the Welsh Assembly Government over the years to extend the powers of health scrutiny, available to English counterparts to Wales.
Involvement of the Public in Overview & Scrutiny
Section 61 proposes that Local Authorities make arrangements to enable all persons who live or work in the authority’s area to bring to the attention of the relevant Overview & Scrutiny Committee their views on any matter under consideration by the Committee. The Committee must then take into account such views as Flintshire has had such a facility via its website for a number of years, and has publicised this in talks at Town & Community Councils, the new requirement would not prove onerous.
Allocation of Scrutiny Committee Chairs
This is covered by Section 65 to 74. The objective is to ensure that the Local Authorities allocate appointments to Chairs of Scrutiny Committees in proportion to the political balance of the Council. At present there has only been guidance from the Assembly and Flintshire has followed that guidance since it was introduced – in fact anticipated it. Since 2005, two of the six functional Overview & Scrutiny Committees have been chaired by opposition members. By virtue of Section 69 (3) the political groups represented on the Executive would only be entitled to the proportion of Scrutiny Chairs that correspond to the proportion of Members of the Authority who are members of those groups. Therefore no allowance is made for Members who are not in any political group which could create practical difficulties in applying the
20 66 provisions. These concerns were contained in the Council’s response to the draft Measure.
Co-option of persons other than Councillors
The purpose of Section 75 of the draft Measure was to introduce a limit on the number of Co-opted Members so they were not to exceed more than one third of the members of an Overview & Scrutiny Committee. Section 76 provides that for Sub-Committees, Co-opted Members must not constitute the whole membership. It was noted that these provisions would cause difficulties to the existing arrangements in Flintshire, where we only have Co-opted Members on one Committee namely Lifelong Learning and do not have any Sub Committees.
Section 77 provides that a Local Authority may permit Co-opted Members to vote at meetings of a Committee. At present the Co-optees on the Lifelong Learning Overview & Scrutiny Committee have a statutory right to vote on education matters only. It was emphasised by Councillor MacFarlane, as chair of the Lifelong Learning Overview & Scrutiny Committee that the Co- optees on that Committee brought an essential degree of experience to the meetings. However the general view of the Committee was that the Co- Optees should be able to advise but not vote at meetings.
Publication of Scrutiny Forward Work Plans
The draft Measure includes a provision to enable Welsh Ministers by regulation to require Scrutiny Committees to publicly publish Forward Work Plans for Scrutiny. As this is a practice which Flintshire has followed since 2002, this would not present a problem.
Imposition of Group Discipline
Section 78 of the draft prohibits a Member voting on a question at a Scrutiny Committee, if before the meeting, the Member had been given a party whip relating to that question. At present, Flintshire Members are required to disclose any whipping, and this is a standard agenda item for Scrutiny Committees. Section 81 however goes further than disclosure and would provide that a vote given when there had been party whip must be disregarded. The view of the Co-ordinating Committee was that a statutory prohibition on whipping was unnecessary and that this should be left as at present.
21 67 Guidance and Direction to Local Authorities
Section 82 would enable Welsh Ministers to give a local authority either guidance or a direction about the Authority’s Overview & Scrutiny Committee Structure. An Authority must have regard to this guidance and it must comply with any direction issued under the Section. Whilst Members of the Co- ordinating Committee were concerned at the implications of this, it was explained that that this was re-allocating a power that was currently vested in the Secretary of State, and not used, to the Welsh Ministers, where it was not anticipated it would be used either.
22 68 THE BENEFICIAL EFFECTS OF AN EFFECTIVE OVERVIEW & SCRUTINY FUNCTION
Observations by the Chief Executive on behalf of the Corporate Management Team
In the last year we have seen the effectiveness of our Overview & Scrutiny function increase with the change in our committee structure. The new structure, which builds on the strengths of the previous one, will ensure that Overview & Scrutiny in Flintshire maintains its central role in supporting change and improvement in how the Council works and performs
The Corporate Resources Overview & Scrutiny Committee oversees all our corporate and support functions and ensures a linkage between financial and human resources and the performance framework is maintained.
The Community Profile & Partnerships Overview & Scrutiny Committee has been specifically designed to look outside Flintshire County Council and examine our relationships with other public service providers, and our partners. To this end, the committee held meetings with the North Wales Police in December, Glyndwr University in January and the North Wales Fire & Rescue Service in April.
The use of task groups has again proved to be one of Overview & Scrutiny’s success stories, with the groups dealing with Streetscene, play areas, community houses and public conveniences providing the sort of in-depth analysis which neither the parent Overview & Scrutiny Committees or the Executive have the capacity to do. The task and finish groups offer opportunity to share knowledge and experience which can result in high quality recommendations and evidence for change
The use of work programming has always been a Scrutiny strength in Flintshire: many of the provisions in the draft Local Government Measure for the Welsh Government will set current Flintshire practices on a statutory basis.
Overview & Scrutiny needs to- and does- make a difference, contributing to corporate improvement, value for money, performance, public service and the quality of life within our communities.
23 69 Conclusions and Looking to the Future
We hope that the contents of this Annual Report will have given you a flavour of the work carried out by the seven overview & scrutiny committees. There has been a significant amount of activity and, we hope, a significant amount of value added to our decision making processes through the involvement of Overview & Scrutiny.
With the involvement of the majority of members of the Council as Overview & Scrutiny members, the input of the Leader and the 8 Executive members as well as the Chief Executive, Directors, Heads of Service and other officers, the overview & scrutiny committees constitute the largest element of the democratic interface between politicians and the service managers.
Some of the work has been completed, because reviews have reached their natural ends. Others are on-going processes which, it is hoped, become ever more effective with both time and experience: the budget process is a good example of this.
The Local Government Measure, which is likely to have become law by the time this report is completed, will bring new powers for Overview & Scrutiny. Gratifyingly though, because Flintshire has always been a leading exponent of Overview & Scrutiny, many of the Measure’s requirements are already in place- and in some cases have been for almost a decade.
We believe that Overview & Scrutiny here in Flintshire is in good heart , has committed chairs and vice-chairs, who have built on a tradition of good chairmanship, dedicated Members, enthusiastic contributors and highly professional officer report. We have some concerns at the reduction in that support at a time when Overview & Scrutiny is to have more, rather than less to do, but recognise that across the Authority we are having to make staffing reductions, which we always find hard and causes a great deal of soul searching.
As the retiring Chair and Vice –chair of the Co-ordinating Committee, we commend this Annual Report to you, thank Members for their support and extend our good wishes to our successors, Councillors Hilary Isherwood and Robin Guest.
Cllr Hilary McGuill and Cllr Jim Falshaw.
24 70
Appendix 1 – List of Overview & Scrutiny committees 2010/11
CO-ORDINATING COMMITTEE
M Bateman H Isherwood (C) C S Carver R B Jones B Dunn R P Macfarlane E F Evans H J McGuill R J T Guest (VC) T Newhouse R G Hampson M J Peers G Hardcastle I B Roberts R Hughes
HOUSING CORPORATE RESOURCES
J B Attridge D Barratt G H Bateman G H Bateman M Bateman M Bateman J C Cattermoul C S Carver (Vice-Chair) P J Curtis B Dunn (Chair) Q R H Dodd J E Falshaw R Dolphin R J T Guest A M Halford R G Hampson R G Hampson (Chair) P G Heesom G Hardcastle (Vice-Chair) R B Jones N M Jones R P Macfarlane S Jones D L Mackie E W Owen B Mullin H G Roberts P R Pemberton A P Shotton A P Shotton
25 71 ENVIRONMENT LIFELONG LEARNING
E G Cooke R C Bithell Q R H Dodd R Dolphin C J Dolphin E F Evans J E Falshaw F Gillmore G Hardcastle H T Howorth C Hinds H Isherwood C M Jones C Legg N Jones (Vice Chair) R P Macfarlane (Chair) S Jones D I Mackie C Legg D L Mackie D I Mackie H J McGuill A Minshull T Newhouse M J Peers (Chair) I B Roberts C A Thomas C A Thomas D Wisinger W O Thomas
Co-opted Members: Ms C Burgess) Mr D Hytch Mrs R Price Mrs R Stark Mrs T Millington
COMMUNITY PROFILE & SOCIAL & HEALTH CARE PARTNERSHIPS
K Armstrong Braun D Barratt R B Baker (Vice-Chair) M Bateman P J Curtis C Cattermoul A Davies-Cooke D L Cox G D Diskin P J Curtis F Gillmore A Davies-Cooke (Vice-Chair) R J T Guest V Gay R Hughes C Hinds R P Macfarlane H T Howorth D McFarlane (Chair) H T Isherwood D I Mackie R B Jones (Chair) D L Mackie D I Mackie E W Owen D McFarlane A P Shotton H J McGuill D E Wisinger E W Owen
26 72 Appendix 2 Topics covered and activity information Co-ordinating Committee
Overview & Scrutiny Committee Terms of Reference of Overview & Structure Scrutiny Committees
North Wales Scrutiny Champions Overview & Scrutiny Annual Report meeting 2009/10
Requests from Members for topics Sharing Good Practice to be considered
Centre for Public Scrutiny Feedback on Overview & Scrutiny Accountability Works Campaign training
Scrutiny Timebank Proposed Local Government
(Wales) Measure Progress reports from Committee
Chairs
Joint Meeting of Lifelong Learning & Social & Health Annual update on Corporate Parenting Activity
Attainment of Looked After Children Families First
Community Profile & Partnerships
North Wales Regional Partnership Glyndwr University and The Knowledge Board Industry Corridor Protocol for Business Management The Fire & Rescue Service Crime & Disorder Issues Public Health Strategy Future of Policing in North Wales Corporate Resources (incorporating Corporate Management and People & Performance)
Budget Monitoring Trent Improvement Programme and Salary Overpayment Performance Monitoring Local Government Finance Provincial Procurement Settlement The Outcome Agreement
27 73 North Wales Procurement Budget Consultation Partnerships Update Workforce Cost Reduction Measures Crime & Disorder Annual Report by Auditor General Performance Framework Voice Recognition Technology Design & Print Matrix Workforce Information MTFS / WLGA Peer Review
Environment / Environment & Regeneration
Rural Development Plan 2007 / The Coastal Unit 2013 Fix my Street website Planning Enforcement Allotments Performance Vulnerable Residents & Winter Weather The Development Control Manual Directorate Organisational Review Food Waste Pilot Scheme Streetscene Household Waste Highways Planned Maintenance Collection and pothole repairs Traffic Calming North Wales Residual Waste Treatment Partnership Review of Public Conveniences Public Protection Enforcement Dog Fouling Enforcement Policy Highways Winter Maintenance Car Parking Enforcement
Housing / Community & Housing
Disabled Facilities Grants Private Sector Housing Renewal and Proposed Extra Care Scheme Improvement Policy Jasmine Crescent Sheltered Housing Improvement Project Performance Welfare Reforms Housing Repairs and Maintenance Flint Regeneration of Flint Maisonettes Housing Ballot Alternative Landlord Model Review of Community Houses Asset Management Affordable Housing Secure / Introductory Tenancy Glan yr Morfa Court Housing Trading Accounts Customer Services
28 74 Lifelong Learning
Secondary Phase Strategy Pupil Attainment 2009/10
National Performance Indicator Arson, Vandalism and Burglaries to Review Flintshire Schools
Annual Report on Flintshire Artfest Transport to Denominational Schools 2010 Welsh Public Library Standards Annual Statutory Assessment Progress Report 2009-10 Report
14-19 Educational Provision Saltney Library
School Admissions Policy Disability Sport Provision
Leisure Centre Attendance Trends Draft Play Strategy
Secondary Schools Review Play Areas Survey Strategic Outline Case Active Young People’s Programme Review of Caretaking/security services (call-in) School Admission Arrangements 2012/13 Flintshire Specialist Schools Playgroups Progress Report School Effectiveness Framework Deeside Leisure Centre Quarterly Performance Reports Exclusions from Primary Schools Year End Performance Review 2009/2010 Exclusions from High Schools
Leisure Services Action Pan School Balances 2009/10
Transforming Education: North Leisure Action Plan (call-in) Wales Regional Collaboration Project for the Provision of School Transforming Education: North Wales Improvement Services Regional Collaboration Project for the Provision of School Improvement Budget Process for 2011/2012 Services
Social & Health Care / Social & Health Annual Report on the Social Services Representations and Safeguarding and Child Protection Complaints Procedures 2009-2010 Report
29 75 Social Services Annual Quarterly Performance Review Performance Report Budget Process for 2011/12 National Performance Indicator
Review Contract Monitoring in Flintshire Good Health, Good Care (HSCWBS) - Annual Update Annual Update on Corporate Parenting Activity Youth Rehabilitation Order and the Scaled Approach Betsi Cadwaladr University Health Board Business Plan incorporating the Self Assessment and Improvement Outcomes of the CSSIW Inspection of Tool for the Flintshire Local the Adoption Services of Flintshire Safeguarding Children Board County Council 2010
Adult Protection Annual Report April Update on the North Wales Adoption 2009 – March 2010 Service (April - September 2010)
Outcomes of the CSSIW Inspection Disabled Facilities Grants Workshop of the Flintshire Fostering Service for 2009/10
Key: H = Housing Overview & Scrutiny Committee E = Environment Overview & Scrutiny Committee LL = Lifelong Learning Overview & Scrutiny Committee CP & P = Community Profile & Partnerships Overview & Scrutiny Committee CR = Corporate Resources Overview & Scrutiny Committee S&HC = Social and Health Care Overview & Scrutiny Committee
30 76 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 15
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: HEAD OF FINANCE SUBJECT : TREASURY MANAGEMENT MID YEAR REPORT 2011/12
1.00 PURPOSE OF REPORT
1.01 To present to Council the recommendations of the Executive of 18th October 2011 in relation to the Treasury Management Mid Year Report 2011.
2.00 BACKGROUND
2.01 The Executive approved the 2011/12 Mid Year Report at its meeting on 18th October 2011. This followed a recommendation of the Audit Committee which had considered the report in detail. The purpose of the report is to review the activities and performance of the treasury management operations during the period 1st April to 31st August 2011 and compare them with the Policy Statement.
2.02 The implementation of the Treasury Policy is under constant review in the current financial environment and a further adjustment to the Treasury Management Policy Statement may be required in the future.
3.00 CONSIDERATIONS
3.01 The Treasury Management Mid Year Report for 2011/12 is attached. In summary, the key points are:
Confirmation that the treasury function operated within the limits detailed within the Treasury Management Policy and Strategy Statement 2011/12.
The financial environment within which the treasury function operated remained challenging.
Performance during the period was in line with the expectations of the Policy Statement 2011/12.
3.02 In light of the current financial environment, the approach to credit risk is under constant review with our Treasury Advisers. Since the Mid Year Report, credit risk has continued to increase and currently new investments are limited to:
'AAA' rated Money Market Funds Local Authorities Debt Management Office (DMO), as a last resort due to very low rates of interest.
Date: 16/11/2011 77 Flintshire County Council
Monies held with other counterparties will be 'on call', which means that deposits are returned by the bank on instruction of the Council.
3.03 In looking forward to the review of the Treasury Management in readiness for 2012/13, arrangements are being made for the annual Member Training/Workshop event to tie in with the January Audit Committee.
3.04 With reference to paragraph 7 of the Mid Year Report, the Icelandic Supreme Court has upheld the decision of the Icelandic District Court, however, this only applies to the test cases. This means that for test cases priority status has been confirmed. In terms of non-test cases for which Flintshire County Council is one, we await confirmation from the winding-up board that they will apply the Supreme Court decision to non-test cases or their intended next steps.
4.00 RECOMMENDATIONS
4.01 That the Council approves the recommendation of the Executive in relation to the Treasury Management Mid Year Report for 2011/12.
5.00 FINANCIAL IMPLICATIONS
5.01 As detailed in the Mid Year Report.
6.00 ANTI POVERTY IMPACT
6.01 None.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 None.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REQUIRED
10.01 Sterling Consultancy Services as Treasury Management Advisers.
11.00 CONSULTATION UNDERTAKEN
11.01 Sterling Consultancy Services as Treasury Management Advisers.
Date: 16/11/2011 78 Flintshire County Council
12.00 APPENDICES
12.01 Treasury Management Mid Year Report 2011/12
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Treasury Management Policy & Strategy Statement 2011/12 Schedule of temporary investment transactions 2011/12 List of approved banks and building societies at 31st August 2011
Contact Officer: Philip Latham Telephone: 01352 702264 E-Mail: [email protected]
Date: 16/11/2011 79
FLINTSHIRE COUNTY COUNCIL
DRAFT TREASURY MANAGEMENT
MID YEAR REPORT 2011/12
80 1.00 INTRODUCTION
1.01 The Council approved the Treasury Management Policy and Strategy Statement (Policy Statement) 2011/12 including key indicators, limits and an annual investment strategy, on 1st March 2011.
1.02 The Policy Statement was produced based on the 2009 edition of the CIPFA Treasury Management in the Public Services: Code of Practice.
1.03 The purpose of this report is to review the activities and performance of the treasury management operations during the period 1st April to 31st August 2011 and compare with the Policy Statement.
2.00 TREASURY MANAGEMENT COMPLIANCE STATEMENT 2011/12
2.01 Treasury management comprises the management of the local authority's cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks.
2.02 All treasury management activity undertaken so far during 2011/12 complied with the approved Policy and Strategy Statement 2011/12, the CIPFA Code of Practice 2009, and the relevant legislative provisions.
2.03 The Authority's current policy is to appoint external consultant to advise on its treasury management function. The external adviser is Sterling Consultancy Services.
3.00 ECONOMIC & INTEREST RATE REVIEW – APRIL TO AUGUST 2011
3.01 The UK base rate remained at 0.50% throughout.
3.02 The table below shows that the current interest rate forecast has changed from that assumed in the Policy Statement and on which the strategy was based:
Policy Current Forecast Forecast Q1 2011 0.5% 0.5% Q2 2011 0.5% 0.5% Q3 2011 0.5% 0.5% Q4 2011 1.0% 0.5% H1 2012 2.0% 0.5% H2 2012 3.0% 0.75% H1 2013 4.0% 1.25%
81 3.03 As shown in the table above, interest rates are now forecast to remain lower than stated in the Policy Statement 2011/12.
3.04 Economic review and outlook – April to August 2011 by Sterling Consultancy Services.
The first months of the financial year have been characterised by deteriorating expectations for global economic growth and continued concern about sovereign creditworthiness, and the potential knock-on effects for the banking system. These concerns ultimately culminated in the volatility in financial markets in August, as investors fled riskier investments for safe havens.
Many Western developed nations have initiated fiscal tightening policies to curb excessive budget deficits, forced in most cases by worried investors. Despite bailouts for Greece, Ireland and Portugal, the Eurozone sovereign debt crisis has rumbled on due to both the lack of effective leadership and credible policies to tackle the situation. Italy and Spain were forced to introduce further spending cuts to placate investors, while the interlinked banking system is under pressure on concerns about exposure to government debt and the rising regulatory burden. Confidence was further damaged by Standard and Poors downgrade of the sovereign rating for the US government, brought about by difficulties in raising the debt ceiling and the lack of a credible deficit reduction plan.
Fiscal tightening and resulting low confidence has depressed demand in many developed nations, including the UK. Meanwhile, Asian economies have been tightening monetary policy to combat rising inflation, due to increased costs for raw materials. This, in addition to the earthquake in Japan, has started to dampen demand in the region.
Although inflationary pressures have pushed the Consumer Price Index (CPI) rate well above the Bank of England’s remit target, the weak outlook for UK growth, due to slowing foreign demand and subdued domestic spending, has convinced Monetary Policy Committee (MPC) members to maintain Bank Rate at 0.5%. The financial markets have pushed back the expectation for the first rise in Bank Rate to 2013, amid rising expectations of additional Quantitative Easing (QE).
4.00 TREASURY MANAGEMENT ACTIVITIES DURING THE PERIOD APRIL – AUGUST 2011
4.01 The following were the main treasury activities during the period:
A quarterly update report including a Landsbanki update was presented to the Audit Committee on 13th July 2011. Another update is due at the meeting on 28th September. The maximum investments the Authority had on deposit at any one time
82 was £84.4 million. The average investment balance was £70.85m. The financial environment during this time continued to be challenging. Two longer term investments were made during May 2011 (see paragraph 6.06). The 3 year rolling cash flow forecast is being reviewed. The Council’s cash flow was managed on a daily basis. The Authority acted both as a borrower and as a lender and was a net borrower over the period in question. The maximum long-term borrowing at any one time was £173.6m. After a change in the Policy Statement and improvements to the ratings of counterparties, several new counterparties were added to the Council’s lending list. However, some counterparties have had to be removed from the list as their ratings have been downgraded. Three AAA rated Money Market Funds have been opened and used during August, earning an average rate of 0.65%.
5.00 TREASURY MANAGEMENT DEBT STRATEGY
5.01 The total long term debt outstanding, brought forward into 2011/12 totalled £173.6m of which £144.7m was at fixed rate and £28.9m was variable in the form of LOBOs (Lender’s Option, Borrower’s Option) (£18.9m) and PWLB variable (£10m). The Council’s overall borrowing rate was 5.43%
5.02 The Debt Strategy as stated in the Policy Statement 2011/12 and the mid-year outcomes are recorded below:
To effect borrowing required in 2011/12 at the cheapest cost commensurate with future risk based on interest rate forecasts outlined in the strategy statement.
For a number of years the Council has not taken any new long term borrowing and used cash reserves to fund capital expenditure. The Council’s Capital Programme, including Prudential Borrowing will be reviewed to consider the most financially advantageous method of financing future debt. The situation is monitored on an on-going basis by the Head of Finance. There has been no new borrowing in 2011/12.
The Head of Finance will keep under review, along with its Treasury Consultants, the opportunities which may arise for restructuring the Council’s debt in order to take advantage of potential savings as interest rates change and to enhance the balance of the long term portfolio (amend the maturity profile and/or the balance of volatility). Any actions carried out under delegated powers will be reported to the Executive and County Council as appropriate.
No restructuring opportunities have been identified during 2011/12.
83 To manage the Council’s debt maturity profile, i.e. to leave no one future year with a high level of repayments that could cause problems in re- borrowing with the limits stated within the strategy statement.
The debt maturity profile as at 31 August 2011 is shown on page 8. This shows a debt maturity profile in line with CIPFA's recommendations of having no more than 10% of the debt portfolio maturing in any one future year. This has remained unchanged during 2011/12.
To monitor and review the level of variable interest rate loans in order to take greater advantage of interest rate movements, within the limits stated in the strategy statement.
The Council has one variable PWLB rate loan of £10 million. This is within the Council’s limit of £20 million for variable interest rate exposures. The interest rate on the Council’s LOBOs can be increased by the lender but the Council has the opportunity to repay. This event has not occurred in 2011/12 as market rates remain low.
6.00 TREASURY MANAGEMENT INVESTMENT STRATEGY
6.01 The Council’s investment strategy is:
The Council hold surplus funds which represent income received in advance of expenditure plus balances and reserves held. Both the CIPFA Code and Welsh Assembly Government (WAG) Guidance require the Council to invest prudently and to have regard to security and liquidity of its investments before seeking the highest rate of return or yield.
Part 1 of the Local Government Act 2003, which introduced the Prudential Capital Finance System, gives a local authority power to invest for any purposes relevant to its functions under any enactment, or for the purposes of the prudent management of its financial affairs. The Act requires an authority to ‘have regard to guidance issued by WAG’.
The WAG requires a local authority, before the start of each financial year, to draw up an Investment Strategy which must be approved by the full council and be published. This document should contain certain investment limits. As allowed by the Guidance, Flintshire County Council incorporate the requirements this Policy Statement. WAG Guidance requires the Council to approve certain investment limits and other related information on the following:
Specified Investments Non–specified Investments Investments which can be prudently committed for more than one year Credit Risk Assessment
84 Investment Consultants Investment Training Investment money borrowed in advance of need.
6.02 Investment transactions totalled £109.5m during the period April – August 2011 with interest earned amounting to £277k. Temporary investment income receivable for 2011/12 is currently projected to be near the budgeted level of £590k. A full list of transactions undertaken is available in the background papers. All investments were made in accordance with the Treasury Management Policy & Strategy Statement 2011/12.
6.03 The weighted average temporary investment rate obtained for August of 1.03% is higher than the seven day LIBID rate of 0.48% which is a proxy of a return without effective cash flow management.
6.04 No temporary borrowing was required during this period which is a measure of the accuracy of short term cash flow management.
6.05 The maturity of investments has been regularly reviewed with the aim of maximising returns whilst managing the risk of future interest rate movements. As at 31 August 2011, the maturity of investments is shown in the table below:
Maturity Due Percentage of Portfolio
Policy % August 2011 % < 1month 35.0 34.0 1 – 12 55.0 61.0 months > 12 months 10.0 0.0 Icelandic Investments 0 5.0
The two longer term investments made in May have now fallen into the 1 – 12 month bracket. This creates scope to look at investing more funds in the longer term. However, although a combination of concerns for the global economy and the Eurozone sovereign debt crisis raised longer-term interest rates for investments, these are only with counterparties perceived to be of lesser credit quality. The current credit risk environment suggests that only the most highly creditworthy counterparties should be used for longer-term investments, but these are paying low interest rates.
6.06 The Investment Strategy sets a limit of £30 million for non-specified investments. Non-specified investments are defined as investments over 364 days, including forward deals with counterparties which meet the credit rating or investments in Money Market Funds. The following long term investments have been made in
85 2011/12:
£2 million invested with Bank of Scotland 445 days at 2.65% £2 million invested with Bank of Scotland 434 days at 2.65%
6.07 It is Council policy to minimise daily cash flow balances. However, on certain occasions it is uneconomic to deal (below £200,000) and therefore, the balance is kept in the bank account.
6.08 The performance of external cash managers is monitored by Sterling Consultancy Services and if it is considered appropriate in the future to appoint such a manager, then a recommendation will be made to Executive.
7.00 LANDSBANKI INVESTMENTS - UPDATE
7.01 On 7th October 2008, Landsbanki was placed in receivership. At that time Flintshire had £3.7 million of Council monies invested with the UK subsidiary. The investments were made as follows –
£1.2 million maturing 17th October 2008 (invested on 22nd July 2008) £1.5 million maturing 14th November 2008 (invested on 1st September 2008) £1.0 million maturing 18th November 2008 (invested on 8th September 2008)
7.02 The Audit Committee, Executive and Council will continue to be updated with the latest position as per the result of the Supreme Court hearing on 14 and 15 September.
8.00 PEER GROUP PERFORMANCE COMPARISON
8.01 Flintshire County Council is a member of the CIPFA Treasury Management Benchmarking Club. Half yearly data will be sent to CIPFA in early October and the Benchmarking Report will be returned at the end of October. The findings will be reported to Audit Committee on 14th December 2011.
9.00 CONCLUSION
9.01 The treasury management function has operated within the statutory and local limits detailed in the 2011/12 Treasury Management Policy Statement.
86
Debt Maturity Profile £m 12
10
8
6
4
2
0
1 6 1 /2 /3 /5 0/11 0 5/26 5 0/41 0 5/56 1 2 4 5 02 03 05 20 2015/16 2 20 2030/31 2 20 2045/46 2 20
87 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 16
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: CHIEF EXECUTIVE SUBJECT : REVIEW OF POLLING DISTRICTS AND POLLING PLACES
1.00 PURPOSE OF REPORT
1.01 To consider the outcome of the recent review of polling districts and polling places and to agree a number of changes to arrangements.
2.00 BACKGROUND
2.01 The review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006, require each local authority to carry out a review of polling districts and polling places on a regular 4 yearly cycle. The last review was completed in 2007. It was decided to commence the review in good time so that any changes (particularly changes to polling district boundaries) could be implemented in time for the publication of the Register of Electors 2011/12 on 1 December, 2011. The review commenced on 25 July 2011 and the consultation period ended on 30 September 2011.
2.02 In undertaking a review the local authority must:
a) Publish notice of the holding of a review; b) Consult the Returning Officer for every Parliamentary constituency which is wholly or partly in its area; c) Enable any such Returning Officer to make representations to the authority and publish them in a prescribed manner; d) Seek representations from such persons that it thinks has particular expertise in relation to access to premises or facilities for persons who have different forms of disability; e) Allow any elector in the authority’s area to make representations which could include proposals for alternative polling places.
2.03 On completion of a review the authority must give reasons for its decisions in the review and publish such other information as is prescribed in the Act and Regulations.
POLLING DISTRICT BOUNDARIES AND POLLING PLACES – LEGAL FRAMEWORK
2.04 Polling districts are, in effect, sub divisions of Electoral wards. When designating polling districts the local authority must seek to ensure that all the electors in the area
Date: 16/11/2011 88 Flintshire County Council
have such reasonable facilities for voting as are practical in the circumstances. Responsibility for determining polling district boundaries lie with the Council itself.
2.05 The Council must designate a polling place for every polling district unless the size or other circumstances of the polling district are such that the situation of the polling place does not materially affect the convenience of the electorate. In determining where polling places should be located the Council must seek to ensure that all the electors have such reasonable facilities for voting as are practical in the circumstances and that, so far as is reasonable and practical, polling places are accessible to all electors, including those who are disabled. The polling place for a polling district must normally be within the area of the district unless special circumstances make is desirable to designate a location either wholly or partially outside the polling district. The Council is responsible for designating polling places whereas authority for determining where the polling station should be within the polling place has been delegated to the Returning Officer. Typically a school might be designated as the polling place leaving the discretion to the Returning Officer to decide, in consultation with the school, the exact location of the polling station within the school premises.
3.00 CONSIDERATIONS
RESPONSES RECEIVED DURING THE CONSULTATION PROCESS
3.01 Responses were received from the following indicating that they are content with the polling districts and polling places in their area and these are as follows:
Members for Argoed; Bagillt West; Ewloe; Gronant; Gwernymynydd; Mold East and New Brighton Electoral Divisions.
Community/Town Councils of Caerwys; Connah’s Quay; Flint; Gwernaffield; Halkyn; Higher Kinnerton; Holywell; Hope; Leeswood; Llanasa; Mold; Mostyn; Northop; Northop Hall and Penyffordd.
3.02 Various responses were received and these are summarised in the schedule set out in appendix 1. The schedule provides details of the polling district, the electoral division it is in and each polling place and sets out specific comments received and identifies any action, if any proposed. As you can see from appendix 1 there was relatively limited number of the responses to the consultation and the main issues arising are addressed later in the report.
3.03 There were no responses received from those listed in 11 b) c) d) and g) below.
3.04 The Returning Officer for the Constituencies of Alyn & Deeside and Delyn comments were published on Monday 22 August and can be found in appendix 2.
PROPOSALS FOR CONSIDERATION
Date: 16/11/2011 89 Flintshire County Council
3.05 Various issues were raised through the consultation process and a number of proposals have been identified for consideration which are set out in appendix 3.
4.00 RECOMMENDATIONS
4.01 That Council note the outcome of the review and the consultations undertaken;
4.02 That the Council designate the locations listed in appendix 3 as polling places;
4.03 That the Council agree to improve access to the polling places for polling districts CIA1 and SCA2
4.04 That the Council review the possibility of having a portacabin on a site within polling district BDD1.
4.05 That the outcome of the review and the Councils decision be published in addition to other information as is prescribed in the Act and Regulations.
5.00 FINANCIAL IMPLICATIONS
5.01 No specific financial implications.
6.00 ANTI POVERTY IMPACT
6.01 No specific anti-poverty implications.
7.00 ENVIRONMENTAL IMPACT
7.01 So far as possible venues for polling places have been selected that are reasonably central within the polling district so as to limit the need for electors to travel to them by car.
8.00 EQUALITIES IMPACT
8.01 No specific equalities implications.
9.00 PERSONNEL IMPLICATIONS
9.01 No specific personnel implications.
10.00 CONSULTATION REQUIRED
10.01 No further consultation required.
11.00 CONSULTATION UNDERTAKEN
11.01 The formal consultation period ran from Monday 25 July to Friday 30 September 2011. A public notice was placed on the Council’s website and in local council
Date: 16/11/2011 90 Flintshire County Council
offices and libraries, giving notice of the review and full details of the review. In addition the following specific consultations were undertaken:
a) With Members of the Council, by way of a letter dated 19 July that gave details of the review and included, in particular, the Council’s draft proposal, schedule of existing polling districts and polling places, with their respective electorate, a list of street contained within each current polling district boundaries and a questionnaire. b) A letter to each of the political parties known to be operating in the county with the explanatory information. c) A letter to each of the Members of Parliament with the explanatory information. d) A letter to each of the Assembly Members with the explanatory information. e) A letter to each Community/Town Council with the explanatory information. f) The Returning Officer for the Alyn & Deeside and Delyn Constituencies with the same explanatory information. g) A letter to Flintshire Disability Forum with the explanatory information.
12.00 APPENDICES
12.01 Appendix 1 – Schedule of Comments Received Appendix 2 – Returning Officer’s Comments Appendix 3 – Proposals for Consideration
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
The Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006 Public Notice of the Review Letters to those listed in paragraph 11.01 Review Statement – Draft Proposal Returning Officer’s Comments Responses made to the Consultation
Contact Officer: Lyn Phillips Telephone: 01352 702329 E-Mail: [email protected]
Date: 16/11/2011 91 Appendix 1 Schedule of Comments Received 2011
Electoral Division Polling Polling Place Details of Comments Received Action Proposed (if any) District Bagillt West BDD1 Branch Library, Bagillt Bagillt Community Council (by email) To have a dual polling station at Community Centre, Bagillt and Bagillt Community Council is providing funds to look at the possibility and to keep the Library open for a period of six associated costs of having a months until 30 November. Following public portacabin on a site within the consultation the Community Council have polling district. now decided not to commit any more beyond 30 November. They have been informed about using the Community Centre for West ward voters. Bagillt West BDD1 Branch Library, Bagillt Cllr. M. Reece To have a dual polling station at Member for Bagillt West (by telephone) Community Centre, Bagillt and to look at the possibility and He has been approached by electors within associated costs of having a the electoral division and concerns have portacabin on a site within the been made about the distance some polling district. electors would have to travel to vote at the Community Centre, Bagillt. He has been asked if it is possible to have a portacabin on a site within the polling district. Caergwrle CAA Presbyterian Church Hope Community Council None – This polling place was Hall, High Street, identified during the review in Caergwrle It was considered that this polling place was 2007 and been the designated not adequate because it did not have room polling place since then. There inside for tellers. have been no other adverse comments received. Connah’s Quay Golftyn CIA1 St. Mark’s Church Hall Cllr. R. P. MacFarlane Golftyn C. P. School were Mold Road Member for Connah’s Quay Golftyn consulted in 2007 and were Connah’s Quay opposed to the School being While St. Mark’s Church Hall is adequate it used. If there is an alternative does present difficulties for the less mobile, then it is policy not to use a in that the entry is narrow and restricted. school as a polling place where The staff on duty are aware of this and do possible. 92 assist as required.
Alternative suggested polling place is That comments of the local Golftyn C. P. School. member be noted and access to be improved. The polling place Golftyn School has been used in the past for will be kept under review polling, but this has raised difficulties with the Governors. Sealand SCA1 and Branch Library, Cllr. C. Jones (by email) The Church Hall and Youth SDA Sealand Avenue, Member for Sealand Club have been inspected. The Garden City Church Hall is the preferred Have you decided where the new Polling location as it is more centrally Station for Sealand West Ward is going to located. be? I suggest St. Andrew's Church Hall, Sealand Avenue, as it is central for To designate St. Andrew’s everyone. The Youth Club is not in a good Church Hall, Sealand Avenue position and people will not go to vote there as the polling place. Sealand SCA1 and Branch Library, Sealand Community Council See above SDA Sealand Avenue, Garden City Council asked what the electoral arrangements for Garden City will be with the recent lost of Sealand Library.
93 Appendix 2 Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006
Returning Officer’s Comments on the Schedule of existing Polling Districts and Polling Places 2011
Argoed Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc.electorate) AAD - 1641 Community Centre No. 1, Mynydd Isa Arrangements considered satisfactory – no changes proposed ABD - 572 Community Centre No. 2, Mynydd Isa This polling place is situated in the adjacent polling district of AAD. There are no known suitable alternative within ABD and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Aston Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) ACA1 – 1235 Woodside Close Community Centre, Ewloe Arrangements considered satisfactory – no changes proposed ACA2 – 1229 Aston Community Centre, Aston Park Road, Aston This polling place is situated on the border in the adjacent polling district of SFA2. There are no known suitable alternative within ACA2 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Bagillt East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BAD -1463 Community Centre, Bagillt Arrangements considered satisfactory – no changes proposed
94 Bagillt West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BDD1- 600 Branch Library, Bagillt The Branch Library, Bagillt is currently being funding by Bagillt Community Council for a six month period ending in November 2011. At present it is not known what the future holds for the Library. If the Branch Library is to close then it is proposed to have a dual station at the Community Centre which is situated in the adjacent polling district BAD. There are no known suitable alternative with BDD1. BDD2 - 1029 Youth Centre, Holywell Road, Bagillt Arrangements considered satisfactory – no changes proposed
Broughton North East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BEA - 879 Broughton & Bretton Community Centre (No.1) Brookes This polling place is situated in the adjacent polling district of Avenue, Broughton BGA. There are no known suitable alternative within BEA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place BFA - 829 Broughton & Bretton Community Centre (No.1) Brookes This polling place is situated in the adjacent polling district of Avenue, Broughton BGA. There are no known suitable alternative within BFA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place
Broughton South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BGA - 2826 Broughton & Bretton Community Centre (No.2) Brookes Arrangements considered satisfactory – no changes proposed Avenue, Broughton
95 Brynford Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BID - 927 Community Centre, Pentre Halkyn Arrangements considered satisfactory – no changes proposed BHD - 843 Brynford Primary School, Brynford Arrangements considered satisfactory – no changes proposed
Buckley Bistre East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BJA1 - 1661 Jubilee Court Community Centre, Jubilee Road, Buckley Arrangements considered satisfactory – no changes proposed BJA2 - 1105 Bistre Methodist Schoolroom, Spon Green, Buckley Arrangements considered satisfactory – no changes proposed
Buckley Bistre West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BKA1 - 1485 Buckley Cross Community Centre, Tabernacle Street Arrangements considered satisfactory – no changes proposed BKA2 - 1824 Bistre Youth & Community Centre, Nant Mawr Road Arrangements considered satisfactory – no changes proposed
Buckley Mountain Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BLA1 - 907 Hawkesbury Community Centre, Mill Lane, Buckley Arrangements considered satisfactory – no changes proposed BLA2 - 1326 Bistre Parish Church Hall, Mold Road, Buckley This polling place is situated on the border in the adjacent polling district of BKA2. There are no known suitable alternative within BLA2 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place
96 Buckley Pentrobin Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BMA1 - 1055 St. Matthews Church Hall, Church Road, Buckley Arrangements considered satisfactory – no changes proposed BMA2 - 1496 Hawkesbury Community Centre, Mill Lane, Buckley This polling place is situated on the border in the adjacent polling district of BLA1. There are no known suitable alternative within BMA2 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place BMA3 - 1003 Methodist Church Schoolroom, Drury Lane, Buckley Arrangements considered satisfactory – no changes proposed
Caergwrle Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CAA - 1273 Presbyterian Church Hall, High Street, Caergwrle Arrangements considered satisfactory – no changes proposed
Caerwys Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CBD – 1028 Town Hall, Caerwys Arrangements considered satisfactory – no changes proposed CCD – 562 Berthen Chapel, Lixwm, Holywell Arrangements considered satisfactory – no changes proposed CDD - 448 Village Hall, Ysceifiog Arrangements considered satisfactory – no changes proposed
Cilcain Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CED - 579 Village Hall, Cilcain Arrangements considered satisfactory – no changes proposed CFD - 571 War Memorial Institute, Rhydymwyn Arrangements considered satisfactory – no changes proposed CGD - 407 Memorial Hall, Nannerch Arrangements considered satisfactory – no changes proposed
97
Connah’s Quay Central Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CHA1 - 1475 Community Centre, Tuscan Way, Connah’s Quay Arrangements considered satisfactory – no changes proposed CHA2 - 979 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay Arrangements considered satisfactory – no changes proposed
Connah’s Quay Golftyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CIA1 - 1272 St. Mark’s Church Hall, High Street, Connah’s Quay It has been highlighted that the access to this polling place is unsuitable and the polling station is not adequate. There have been no complaints received from electors. For future elections a ramp will be provided. Arrangements considered satisfactory, no change is proposed to this polling place, unless as part of this review a suitable alternative can be found. CIA2 - 2508 Connah’s Quay Youth Centre, Golftyn Lane Arrangements considered satisfactory – no changes proposed CIA3 - 226 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay This polling place is situated in the adjacent polling district of CHA2. There are no known suitable alternative within CIA3 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Connah’s Quay South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (in electorate) CJA1 - 1998 Wepre C. P. School, Llwyni Drive, Connah’s Quay Arrangements considered satisfactory – no changes proposed CJA2 - 2107 St. Davids Church Hall, Mold Road, Connah’s Quay This polling place is situated on the border in the adjacent polling district of CKA. There are no known suitable alternative within CJA2 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place CJA3 - 291 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay This polling place is situated in the adjacent polling district of CHA2. There are no known suitable alternative within CJA003 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is 98 proposed to this polling place. Connah’s Quay Wepre Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CKA - 1721 Civic Hall, Connah’s Quay Arrangements considered satisfactory – no changes proposed
Ewloe Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) EAA1 - 3076 Community Centre, Level Lane, Hawarden Arrangements considered satisfactory – no changes proposed EAA2 - 1026 Ewloe Social Club, Mold Road, Ewloe Arrangements considered satisfactory – no changes proposed
Ffynnongroyw Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FAD - 552 Community Wing, Ysgol Bryn Garth, Penyffordd Arrangements considered satisfactory – no changes proposed FBD - 339 Community Centre, Talacre Arrangements considered satisfactory – no changes proposed FCD - 603 Canolfan, Ffynnongroyw Arrangements considered satisfactory – no changes proposed
Flint Castle Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FDD1 - 626 Town Hall, Flint Arrangements considered satisfactory – no changes proposed FDD2 - 1001 Community Room, Castle Heights, Flint Arrangements considered satisfactory – no changes proposed
Flint Coleshill Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FED1 - 639 St. John’s United Reformed Church Schoolroom, Flint Arrangements considered satisfactory – no changes proposed FED2 - 2461 Cilfan Community Hall, Cornist, Flint Arrangements considered satisfactory – no changes proposed
99
Flint Oakenholt Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FFD1 - 1406 Neuadd, Ysgol Croes Atti, Woodfield Avenue, Flint Arrangements considered satisfactory – no changes proposed FFD2 - 757 Oakenholt Bowling Club, Croes Atti Lane, Flint Arrangements considered satisfactory – no changes proposed
Flint Trelawny Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (in electorate) FGD1 - 2251 Flint High School, Mount Pleasant, Flint Arrangements considered satisfactory – no changes proposed FGD2 – 503 C. P. School, Flint Mountain, Flint Arrangements considered satisfactory – no changes proposed
Greenfield Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GAD - 2085 Youth & Community Centre, Greenfield Arrangements considered satisfactory – no changes proposed
Gronant Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GBD - 924 Youth Centre, Pentre Lane, Gronant Arrangements considered satisfactory – no changes proposed GCD - 320 Village Hall, Gwespyr Arrangements considered satisfactory – no changes proposed
Gwernaffield Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GDD - 781 Church Hall, Gwernaffield Arrangements considered satisfactory – no changes proposed GED - 819 Village Hall, Pantymwyn Arrangements considered satisfactory – no changes proposed
100
Gwernymynydd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GFD - 918 Village Centre, Gwernymynydd Arrangements considered satisfactory – no changes proposed GGD - 435 Soar Chapel School Room, Nercwys Arrangements considered satisfactory – no changes proposed
Halkyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HAD - 423 Parish Hall, Halkyn Arrangements considered satisfactory – no changes proposed HBD - 278 Village Hall, Rhes y Cae Arrangements considered satisfactory – no changes proposed HCD - 710 Rhosesmor Village Hall, Rhosesmor Arrangements considered satisfactory – no changes proposed
Hawarden Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HDA - 1500 Masonic Hall, Gladstone Way, Hawarden It is proposed to change the designated polling place to the Tithe Barn from the Masonic Hall, Gladstone Way. The Barn was used for the elections in March and May and is more centrally located within the ward.
Higher Kinnerton Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HEA - 1292 Village Hall, Higher Kinnerton Arrangements considered satisfactory – no changes proposed
Holywell Central Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HFD1 - 695 Youth Centre, North Road, Holywell Arrangements considered satisfactory – no changes proposed HFD2 - 722 Community House, 4 Heol y Brenin, Holywell Arrangements considered satisfactory – no changes proposed
101
Holywell East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HGD - 1388 St. Peters Church, Rose Hill, Holywell This polling place is situated in the adjacent polling district of HFD1. There are no known suitable alternative within HGD and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Holywell West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HHD1 - 1021 Youth Centre, North Road, Holywell This polling place is situated in the adjacent polling district of HFD1. There are no known suitable alternative within HHD1 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. HHD2 - 773 Community Centre, Holway, Holywell Arrangements considered satisfactory – no changes proposed
Hope Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HIA - 1972 Community Centre, Heulwen Close, Hope Arrangements considered satisfactory – no changes proposed
Leeswood Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) LAD - 1347 Community Centre, Leeswood Arrangements considered satisfactory – no changes proposed LBD - 248 Pontblyddyn Cricket Club, Pontblyddyn Arrangements considered satisfactory – no changes proposed
102
Llanfynydd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) LCA - 400 C. P. School, Abermorddu Arrangements considered satisfactory – no changes proposed LDA - 399 Community Centre, Cymau Arrangements considered satisfactory – no changes proposed LEA - 466 Community Centre, Ffrith Arrangements considered satisfactory – no changes proposed LFA - 195 Coed Talon Bowling Club, Pontybodkin Arrangements considered satisfactory – no changes proposed
Mancot Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MAA - 2648 Mancot Village Hall. Mancot Lane, Mancot Arrangements considered satisfactory – no changes proposed
Mold Broncoed Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MBD - 1993 Glanrafon Centre, Glanrafon Road, Mold Arrangements considered satisfactory – no changes proposed
Mold East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MCD -1555 St. Davids Church Hall, St. David’s Lane, Mold Arrangements considered satisfactory – no changes proposed
103
Mold South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MDD - 2102 Daniel Owen Centre, Earl Road, Mold This polling place is situated in the adjacent polling district of MBD. There are no known suitable alternative within MDD and no adverse comments have been made about use in the past. Arrangements considered satisfactory – no changes proposed
Mold West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MED - 1918 Parkfields Community Centre, Park Avenue, Mold Arrangements considered satisfactory – no changes proposed
Mostyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MFD - 1004 Community Centre, Maes Pennant Arrangements considered satisfactory – no changes proposed MGD - 442 Community Centre, Maes Pennant This polling place is situated in the adjacent polling district of MFD. There are no known suitable alternative within MGD. Arrangements considered satisfactory, no change is proposed to this polling place.
New Brighton Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NAD - 1528 Women’s Institute, Chambers Lane, Mynydd Isa Arrangements considered satisfactory – no changes proposed NBD - 882 Community Centre, New Brighton Arrangements considered satisfactory – no changes proposed
Northop Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NCD - 985 Memorial Institute, Northop Arrangements considered satisfactory – no changes proposed NDD - 1445 Memorial Hall, Sychdyn Arrangements considered satisfactory – no changes proposed 104
Northop Hall Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NED - 1263 Community Pavilion, Northop Hall Arrangements considered satisfactory – no changes proposed
Penyffordd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) PAA1 - 1449 Youth Centre, Penyffordd Arrangements considered satisfactory – no changes proposed PAA2 - 1564 V. P. School, Chester Road, Penymynydd Arrangements considered satisfactory – no changes proposed
Queensferry Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) QAA - 452 Queensferry War Memorial Institute, Queensferry Arrangements considered satisfactory – no changes proposed QBA - 123 Community Centre, Phoenix Street, Sandycroft This polling place is situated in the adjacent polling district of QCA. There are no known suitable alternative within QBA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. QCA - 918 Community Centre, Phoenix Street, Sandycroft Arrangements considered satisfactory – no changes proposed
Saltney Mold Junction Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SAA - 951 Saltney Ferry Scout and Guide Headquarter, Bradshaw Arrangements considered satisfactory – no changes proposed Avenue
Saltney Stonebridge Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SBA 1- 1250 Community Centre, Saltney Arrangements considered satisfactory – no changes proposed SBA2 - 1450 Community Hall, Douglas Place, Saltney Arrangements considered satisfactory – no changes proposed 105
Sealand Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SCA1 - 607 Branch Library, Sealand Avenue, Garden City Following the closure of the Branch Library a suitable alternative has been found St. Andrew Church Hall, Sealand Avenue, Sealand. The Church Hall is located not far from the previous polling station so it is centrally located. The Church Hall cannot accommodate Tellers inside the building. SCA2 - 232 Community Centre, Sealand Manor, Sealand It has been highlighted that the access to this polling place is unsuitable. There have been no complaints received from electors. For future elections the access will be improved. Arrangements considered satisfactory, no change is proposed to this polling place. SDA - 1329 Branch Library, Sealand Avenue, Garden City Following the closure of the Branch Library a suitable alternative has been found St. Andrew Church Hall, Sealand Avenue, Sealand. The Church Hall is located not far from the previous polling station so it is centrally located. This polling place is situated in the adjacent polling district of SCA1. There are no known suitable alternative within SDA
Shotton East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SEA - 1428 St. Ethelwolds Church Hall, Shotton Lane, Shotton This polling place is situated in the adjacent polling district of SFA1. There are no known suitable alternative within SEA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Shotton Higher Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SFA1 - 793 St. Ethelwolds Church Hall, Shotton Lane, Shotton Arrangements considered satisfactory – no changes proposed SFA2 - 973 Community Centre, Poplar Avenue, Shotton Arrangements considered satisfactory – no changes proposed
106
Shotton West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SGA - 1523 C. P. School, Plymouth Street, Shotton Arrangements considered satisfactory – no changes proposed
Trelawnyd & Gwaenysgor Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) TAD – 214 Old School, Gwaenysgor Arrangements considered satisfactory – no changes proposed TBD - 486 Memorial Hall, Trelawnyd Arrangements considered satisfactory – no changes proposed TCD - 253 Llanasa Village Hall, Llanasa Arrangements considered satisfactory – no changes proposed TDD - 544 Community Centre, Berthengam Arrangements considered satisfactory – no changes proposed
Treuddyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) TEA - 1291 Community Centre, Hafan Deg, Treuddyn Arrangements considered satisfactory – no changes proposed
Whitford Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) WAD - 343 V. P. School, Whitford Arrangements considered satisfactory – no changes proposed WBD - 1524 Village Hall, Carmel Arrangements considered satisfactory – no changes proposed
107 Appendix 3 PROPOSALS FOR CONSIDERATION
1.01 The following polling places are located in an adjacent polling district. These polling places have been the designated polling places for electors for a number of years. In the past there have been no complaints and no alternative polling place has been suggested during the consultation period. It is proposed that there be no changes to the following polling places:-
Polling Place for Polling District ABD – Argoed Electoral Division Community Centre No. 2, Mynydd Isa.
Polling Place for Polling District ACA2 – Aston Electoral Division Aston Community Centre, Aston Park Road
Polling Place for Polling Districts BEA and BFA – Broughton North East Electoral Division Broughton and Bretton Community Centre, Brookes Avenue
Polling Place for Polling District BLA2 – Buckley Mountain Electoral Division Bistre Parish Church Hall, Mold Road
Polling Place for Polling District BMA2 - Buckley Pentrobin Electoral Division Hawkesbury Community Centre, Mill Lane
Polling Place for Polling District CIA3 – Connah’s Quay Golftyn Electoral Division Bryn Deva C. P. School, Linden Avenue.
Polling Place for Polling District HGD – Holywell East Electoral Division St. Peters Church, Rose Hill
Polling Place for Polling District CJA2 – Connah’s Quay South Electoral Division St. Davids Church Hall, Mold Road
Polling Place for Polling District CJA3 – Connah’s Quay South Electoral Division Bryn Deva C. P. School, Linden Avenue
Polling Place for Polling District HHD1 – Holywell West Electoral Division Youth Centre, North Road
Polling Place for Polling District MDD – Mold South Electoral Division Daniel Owen Centre, Earl Road
Polling Place for Polling District MGD – Mostyn Electoral Division Community Centre, Maes Pennant
Polling Place for Polling District QBA – Queensferry Electoral Division Community Centre, Phoenix Street
Polling Place for Polling District SEA – Shotton East Electoral Division St. Ethelwolds Church Hall, Shotton Lane
1.02 Polling Place for Polling District BDD1 – Bagillt West Electoral Division
Following the closure of the Branch Library and the decision by Bagillt Community Council to only fund the opening of the Library until 30 November 2011, it is planned to have a dual polling station at the Community Centre, Bagillt. 108 The Local Member has been approached by electors within the electoral division and concerns have been made about the distance some electors would have to travel to vote at the Community Centre. He has been asked if it is possible to have a portacabin on a site within the polling district.
It is proposed to designate the Community Centre, Bagillt as a polling place but look at the possibility and associated costs of having a portacabin on a site within the polling district.
1.03 Polling Place for Polling District CAA – Caergwrle Electoral Division
During the last review it was noted that there was no facilities for tellers at either the alternative polling places for Caergwrle. No complaints have been received from electors during the last four years with regard to the Presbyterian Church Hall. It is proposed that there will be no changes to this designated polling place.
1.04 Polling Place for Polling District CIA1 – Connah’s Quay Golftyn Electoral Division
Following elections in March and May, it was highlighted that the entrance to St. Mark’s Church, High Street is not adequate. There have been no complaints received from electors regarding this.
The Local Member has suggested Golftyn C. P. School as an alternative polling place in the past. Some years ago, prior to the utilisation of St. Mark’s Church Hall, the school was in fact the polling place for this polling district. The Head Teacher, Governors and Parents objected to use of the school for polling purposes as the school closed on polling day for the safety of the children.
This situation has not changed and this matter is being kept under review. In the meantime, the entrance to the Hall will be improved with a temporary ramp. It is proposed that there will be no changes to this designated polling place.
1.05 Polling Place for Polling District HDA – Hawarden Electoral Division
The Tithe Barn, Church Lane was used as a polling station for the elections that took place in March and May because the Masonic Hall was not available for both set of elections.
The Tithe Barn has good facilities for electors, staff and has disabled access. There is room for a small number of tellers in the entrance hall. There are reasonable parking facilities in a small car park adjacent and on Church Lane. The location of this polling place is centrally located in the main area of the village.
Hawarden Community Council during the last review suggested Tithe Barn was a suitable location for polling purposes. It is proposed to designate the Tithe Barn, Church Lane as a polling place.
1.06 Polling District SCA1 and SDA – Sealand Electoral Division
Following the closure of the Branch Library the Local Member suggested St. Andrew’s Church Hall, Sealand Avenue as an alternative polling place. There is one other building located in this area the Youth Club. Both the Church Hall and the Youth Club were inspected and it was found that the Church Hall was more suitable for polling purposes and located on the same Avenue as the Branch Library. It is proposed to designate St. Andrew’s Church Hall, Sealand Avenue as a polling place.
109 1.07 Polling District SCA2 – Sealand Electoral Division
Following the elections in March and May, polling station inspectors highlighted the problems accessing the Community Centre, Sealand Manor. There is no alternative polling place for this polling district. It is proposed to put plans in place to improve access and keep this matter under review.
110 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 17
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 22 NOVEMBER 2011 REPORT BY: CHIEF EXECUTIVE AND DIRECTOR OF COMMUNITY SERVICES AND HEAD OF HOUSING SUBJECT : HOUSING BALLOT: CHOICES CONSULTATION DOCUMENT AND LEASEHOLDER CONSULTATION DOCUMENT
1.00 PURPOSE OF REPORT
1.01 To receive the recommendation of the Executive that the "Choices" Consultation Document, Tenancy Agreement and the Leaseholder Consultation Document be adopted. Tenants and leaseholders will be formally consulted on a proposal to transfer the freehold ownership and management of homes from the Council to a new Registered Social Landlord, Dee Housing following the adoption.
2.00 BACKGROUND
2.01 In 2009, Flintshire County Council recognised that it could not meet and maintain the Welsh Housing Quality Standard (WHQS) for all of its homes in the timeframe set by Welsh Government (WG). In February 2009, the County Council took a decision to ballot tenants on a proposal to transfer all the Council’s homes to a new Registered Social Landlord.
2.02 The WHQS states that every home in Wales must be:
In a good state of repair Safe and secure Adequately heated, fuel efficient and well insulated Fitted with up-to-date kitchens and bathrooms Located in safe and attractive environments Well managed As far as possible, suited to the specific requirements of the household (e.g. where adaptations are needed because of specific disabilities).
2.03 The process the Council has to follow is set down in the Housing Act 1985 and the Statutory Guidance in the form of the Welsh Government’s Housing Stock Transfer Guidelines 2009 (as updated in 2010). A cross-party Housing Project Board was established to oversee the project management arrangements put in place during the latter part of 2009 for the pre-ballot period. The consultancy support required by Welsh Government Guidance was appointed in mid-2010 following open advertisements. This included the appointment by tenants of an Independent Tenant
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Advisor to ensure tenants received independent, impartial advice and support on all aspects of the process and proposals.
2.04 At the outset of the housing ballot project the County Council agreed and established a neutral stance on the ballot. The Council is putting a proposal to tenants to transfer to Dee Housing - a new, not-for-profit registered social landlord. The Council is not seeking to promote a particular result from the ballot and believes that it is the tenants’ decision to decide the future of their homes. This is what we have called the Council’s ‘neutral stance'. Through a 'secret ballot' the choice whether to vote in favour of a transfer or not will be made by the tenants.
2.05 Transfer is a voluntary process and the Welsh Government cannot give its consent to transfer if the majority of tenants are opposed to the transfer. This is determined by the outcome of a ballot, where all secure and introductory tenants of the Council have a vote on the transfer "proposal". The Welsh Government Guidance requires the Council to make a transfer "proposal".
Tenant Consultation
2.06 Consulting tenants on a transfer proposal is a fundamental part of the process. This must start with a period of non-statutory informal consultation when local authorities introduce and explain the proposals and process to tenants. This is followed by a period of formal or statutory consultation during which the local authority delivers its proposal to tenants. The proposals are set out in the formal Choices Consultation Document, setting out the details of what the Council and Dee Housing (the proposed alternative landlord) can provide in terms of investment in homes, service provision, tenant engagement and community regeneration.
2.07 The Independent Tenant Advisor (Tact@Dome) has been available to provide free independent advice to all tenants and leaseholders throughout the consultation process. The Council and the Independent Tenant Advisor (ITA) have ensured that all tenants are aware of the proposals and had the opportunity to be involved. The Council has listened to the suggestions about how to improve services and incorporated these where possible within the Choices Consultation Document for both the Council and Dee Housing, depending on the projected level of resources to be available over time.
2.08 Tenants through a range of theme groups and tenant conferences have been involved in detailed discussions on the key issues within each part of the Choices Consultation Document. The majority of their suggestions have been reflected in the final draft appended to the report.
Consultation stages 2.09 The informal consultation stage - this stage commenced in summer 2010 and will conclude at the end of 2011. During this stage, the Council has undertaken a comprehensive consultation process to raise awareness and explain the process, the development of the potential new landlord (Dee Housing) and facts on what it would
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mean to stay with the Council and to transfer to Dee Housing. The Council has used newsletters, drop in sessions, road shows, tenant conferences, meetings and surveys to ensure that all tenants are aware of the proposals and they have had the opportunity to be involved.
2.10 During this stage the following consultation and communication activity has taken place with tenants, leaseholders, elected members, employees and other relevant stakeholders:
County-wide road show at over 40 locations Three tenants conferences focusing on ballot issues 46 ITA facilitated consultation events 7 newsletters to all tenants 19 Elected member/employee briefing sessions Written briefings for members and employees Postal survey of 2,000 tenants Three waves of telephone research Quarterly briefings for housing Trade Union representatives Monthly electronic bulletins for housing employees Federation of Tenants and Residents Associations briefed monthly Over 600 tenants are now on the ITA mailing list.
2.11 Stage 1 Notice - This is the formal consultation document (the Choices Consultation Document). The Stage 1 notice must be issued to all secure and introductory tenants. The aim of this consultation document is to explain the Council’s proposal to tenants and to seek their views on it. Tenants have 28 days to submit their views by completing and returning a tear off response card to the Council. The Council is then required to consider responses and make a decision as to whether any changes should be made to the consultation document and whether it should now proceed to ballot.
2.12 Stage 2 Notice - This is the formal notice which must be issued to all secure and introductory tenants once the consultation responses received during the Stage 1 process on the Choices Consultation Document have been considered by Council. It must set out any significant changes to the Choices Consultation Document. The form of the Stage 2 Notice must be approved by the Welsh Government. Tenants would then have a period of 28 days for any representations to be made to the Welsh Government. The Welsh Government may take these representations into account in considering the application from the Council for the necessary consent to transfer the stock in the event of tenants voting in favour of transfer.
2.13 Ballot papers are sent out shortly after the Stage 2 Notice to tenants (including one to each joint tenant). The ballot would be managed by an independent external
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organisation and neither the Council nor Dee Housing would have any involvement in the conduct of the ballot.
2.14 After the ballot, the Council is required to write to tenants to notify them of the results of the ballot and whether it intends to proceed with the transfer proposal. If the Council proceeds with the transfer proposal, tenants will then be able to make further representations to the Welsh Government within a period of 28 days if they so wish.
Developing the Alternative Landlord Model 2.15 A Working Group of tenants, elected members and employees considered in detail throughout 2010, the various options available to the Council for the alternative landlord model. At its meeting in December 2010, the County Council agreed the recommendation of the Working Group (which took into account the views of tenants expressed during the consultation) and the Housing Project Board that the proposed alternative landlord in Flintshire should be a ‘stand-alone’ independent, non-profit making, registered social landlord. It would be an Industrial & Provident Society with charitable status and be established in accordance with the Community Housing Mutual Model.
2.16 A Community Housing Mutual is an organisation in which the tenants are general members. In practice this means the tenants together with any other members (like the independent board members) will collectively own the housing assets for the benefit of the community. This does not mean that individual homes are transferred to individual tenants. There has been some misunderstanding on this important point.
2.17 A Shadow Board of 15 members has been established comprising 5 tenants, 5 Council nominees and 5 independent members. All eligible tenants had the opportunity to stand in County-wide elections for tenant shadow board members. Nine candidates stood in the elections held earlier this year with 5 being elected. Group leaders within the Council nominated the 5 Council nominees and, following national advertisement and an interview and selection process, the Shadow Board appointed the 5 independent members to complete its membership.
3.00 CONSIDERATIONS
The Choices Consultation Document
3.01 The Choices Consultation Document must be approved by both the Council and the Welsh Government to ensure it is factually accurate and impartial. The aim of the document is to provide tenants with all the necessary information for them to be able to make a well informed choice before they vote in the ballot. It has to be presented in a clear and easily understood format. The written document will be supported by a summary ‘Easy-Guide’ and a professionally produced DVD. The information presented explains the consequences of both the transfer proposal and staying with the Council.
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3.02 The draft Choices Consultation Document (attached at Appendix 4) and proposed Tenancy Agreement (attached at Appendix 5) have been developed in consultation with elected members, including the Council leadership, the Executive, the Housing Project Board and the Chair and Vice-Chair of the Housing Overview and Scrutiny Committee, assisted by advisors, including the Independent Tenant Advisor, who has ensured that the issues and concerns raised by tenants during the consultation are adequately and accurately reflected in the document.
3.03 The Choices Document sets out both the proposal to transfer as one option and the choice of staying with the Council as the other option. It is important that tenants read the Choices Consultation Document and the Easy Guide so that they have all the facts before they are asked to vote in the confidential ballot.
3.04 The facts are:
An independent survey has shown that £166 million is needed to bring all Flintshire County Council’s homes up to WHQS within five years. The Council could raise £49 million within five years leaving a shortfall of £116 million. The alternative new landlord, Dee Housing, would have £166 million needed to bring all homes up to the WHQS within five years of transfer and would be able to maintain the standard for 30 years. The Council would not be able to meet the WHQS for all its homes in full for approximately 26 years. Dee Housing would also have around £2.6 million a year to spend on new or improved day to day housing services and a new, affordable housing programme. Service improvements offered by the Council would be funded by service efficiencies and/or service charges. 3.05 Whichever choice tenants make, some things will remain the same and some things would be different depending on the outcome of the ballot. The things that will remain the same whatever the outcome of the ballot are:
Rents and service charges Tenants’ entitlement to claim Housing Benefit and Council Tax Benefit would not be affected Subject to the availability of Supporting People Grant, the warden service for sheltered housing would continue Tenants’ right to remain in their homes would remain unchanged All key tenant rights and entitlements would be protected Tenant’s right to buy their homes would remain Homes would continue to be under the overall supervision of the Welsh Government.
Date: 16/11/2011 115 Flintshire County Council
The key differences between what the Council can deliver and what Dee Housing can deliver
3.06 While some things would stay the same, whatever the outcome of the ballot, some things that would be different under the two possible ballot outcomes. These are:
Staying with the Council Transferring to Dee Housing Rents – see Part B Under current rules, the Dee Housing would be able Council would continue to keep all rent. to pay some of the total rent to the UK Treasury - £6.2 million in the current year. Welsh Housing It would take 26 years for All homes could be brought Quality Standard – all homes to be brought up to WHQS within five see Part D up to WHQS. years of transfer. Investment proposed £49 million in the five £166 million in the first five – see Part D years from 2013. years after transfer. The Council is committed Dee Housing would be Housing services – to continuing to improve committed to improving see Part C housing services. Any housing services, and would additional or improved have £2.6 million additional services would be paid for money available to spend on through service service improvements after efficiencies and/or service transfer each year for 30 charges. years. Job creation Investment programme is Investment programme is proposals – see Part I anticipated to create 100 anticipated to create 300 new new jobs in the five years jobs in the first five years from 2013. after transfer. New homes – see The Council cannot afford Dee Housing plans to develop Part I to build any new homes approximately 150 new within the foreseeable affordable homes within ten future, but regardless of years of transfer to help the outcome of the ballot deliver the County’s it will continue to work objective of increasing the with Housing amount of affordable housing Associations and private available for local people. sector partners to provide new homes for rent and sale across the County.
Date: 16/11/2011 116 Flintshire County Council
Investment programmes for the Council and for Dee Housing
3.07 The table below summarises what work can be completed by the Council if tenants vote to stay with the Council and what work can be completed by Dee Housing if the tenants vote to transfer in the period of five years after 2013 with the funds they would have available:
Type of improvement Staying with the Council Transferring to Dee Housing Approximate number of Approximate number of homes that would benefit homes that would benefit from improvements over from improvements over five years from 2013 to five years from 2013 to 2018 2018 New kitchens 4,880 4,880 New bathrooms with 1,300 6,050 showers New double-glazing Essential work only 1,000 New boilers and/or 3,550 3,550 heating systems Smoke detectors 4,667 4,667 Rewires with additional Essential work only 6,100 sockets New front and back Essential work only 3,000 doors External wall repairs Essential work only 2,000 New roofs Essential work only 2,000 External works Essential work only 5,000 Structural Essential work only £10.5 million improvements to non- traditional homes Environmental works Essential work only £7.4 million Disabled adaptations £5 million £5 million Total over 5 years £49 million £166 million
3.08 The Choices Consultation Document sets out what the Council and Dee Housing would offer/provide in rents, investment in homes, housing services, repairs, sheltered housing services, tenant rights, tenant involvement, governance and economic and community regeneration. The document is structured into a number of parts:
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Part A - The Council’s housing transfer proposal This explains the Council's position, details of the Welsh Housing Quality Standard, the investment needed in homes to bring them up to the WHQS and the choice tenants are being asked to make.
Part B - The rent and other charges you would pay This section explains that rents would still be affordable and subject to Welsh Government policy, just as they are now with the Council, whatever the outcome of the ballot. It also provides information on service charges, rent arrears and paying rent.
Part C - Delivering better local services This contains a comparison in services between the Council and Dee Housing.
Part D - Improving and repairing your home This section provides a detailed comparison between what improvements would be made to homes over five years from 2013 to 2018 with the Council if tenants vote to stay with the Council and Dee Housing if tenants vote to transfer.
Part E - Services for older people and sheltered housing Full details of the sheltered housing improvements and the wardens’ services are in this section.
Part F - Involving you in the running of housing services This section explains the opportunities for tenants and leaseholders to be involved so that services provided by the Council or Dee Housing, depending on the outcome of the ballot, are responding to tenants’ and leaseholders’ concerns.
Part G - Your rights This section compares existing rights with rights tenants would have if they were to transfer to Dee Housing. It confirms that all tenants’ key rights and entitlements would be protected in the event of transfer.
Part H - About the Council and Dee Housing This section explains how the Council works and how Dee Housing would work if the transfer went ahead.
Part I - Community and economic regeneration This section compares the community and economic regeneration that either the Council or Dee Housing could bring including local jobs, apprenticeships and the use of local contractors and suppliers and the future provision of affordable housing is explained in this section.
Part J - The next steps – The legal requirements for tenant consultation The Council must follow the law in consulting its tenants about the possible transfer of their homes. The Council and the Welsh Government must take into account the
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views of the Council’s secure and introductory tenants. This section sets out the legal requirements the Council must adhere to in consulting tenants.
Part K - Other useful information and contacts As well as this consultation document, there are some other documents tenants may want to look at in relation to the Council's proposal. This section signposts tenants to these documents.
Part L - The proposed Assured Tenancy Agreement (See Appendix 5) The Council is required to set out in full the proposed assured tenancy agreement that will be applicable to tenants should tenants vote for transfer to Dee Housing. This section sets out the proposed tenancy agreement in full.
3.09 In finalising the document, the Council applied the tests of:
Compliance with the Welsh Government’s Guidance and legal requirements in full Being a fair and objective representation of all the key issues Being factually correct, accurate and evidenced Being accessible in terms of presentation and language.
3.10 The document must be approved by the Council and the Welsh Government before it can be issued. The final draft has been shared with Welsh Government officials to ensure that it is compliant with Welsh Government Guidance. The feedback from the Welsh Government is positive and only minor revisions are required to make the documents “fit for purpose” for the stage 1 formal consultation. The Welsh Government’s comments together with the Council’s response are set out at Appendix 1.
3.11 The draft Choices Consultation Document has also been shared with the Shadow Board of Dee Housing, as the Shadow Board are required to be content with the commitments contained within the draft document on behalf of Dee Housing. The Shadow Board has accepted that in the event of a vote in favour of transfer, all the commitments made in the Choices Consultation Document including the financial commitments would be capable of being delivered by Dee Housing. The comments of the Shadow Board together with the Council’s recommended response are set out at Appendix 2.
Leaseholder consultation
3.12 The Council has around 112 leaseholders. Whilst leaseholders do not get a vote in the ballot, the Council is required to consult them. Leaseholders have been invited to consultation meetings. Leaseholders will receive a copy of the Choices Consultation Document and they can make comments on the proposals but they do not have a right to vote in the tenants’ ballot. In addition, there is a separate Leaseholders Consultation Document which explains how they would be affected by the proposals.
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This is attached at Appendix 6. Much of the text is derived from the draft Choices Consultation Document and any agreed revisions to the Choices Consultation Document will also be made to the Leaseholder Consultation Document, where necessary.
The timetable
3.13 If the Council agrees the terms of the Choices Consultation Document the approval of the Welsh Government Minister must be obtained to be able to proceed to formal consultation with secure and introductory tenants. This would involve the stages set out at 2.11 - 2.14 above.
3.14 Correspondence from the Welsh Government, attached at Appendix 3 sets out the Welsh Government’s expectations of the timescale for the ballot. The key stages are as follows:
Stage Timescale County Council meeting 22 November 2011 Approval by Minister for Housing, Regeneration and Heritage By 5 December 2011 Translation, design and print By 31 December 2011 Stage 1 formal consultation starts 5 January 2012 Stage 1 formal consultation ends 6 February 2011 Council meeting to consider responses to consultation Week commencing 13 February 2012 Ballot commences Week commencing 20 February 2012 Ballot ends Week commencing 18 March 2012
3.15 If the majority of tenants who vote have voted in favour of the transfer the Council will then proceed to make an application to the Welsh Government for approval to transfer the homes to Dee Housing. There would then be a period of between 9 and 12 months to effect the formal transfer. This is due to the complexity of the process of negotiating and agreeing the transfer of property and land assets, and the transfer of employees under TUPE to the new organisation.
3.16 Members should be aware that in the event of a vote in favour of transfer, and if the transfer proceeds, the promises contained in the Choices Consultation Document would be made legally binding on Dee Housing, through a covenant in the transfer agreement between Dee Housing and the Council. The Welsh Government and the Council would have a role in monitoring the performance of the new landlord including the delivery of WHQS programme. If there is a "No" vote the Council and Welsh Government would make sure that the Council delivers all its commitments in the Choices Consultation Document.
Date: 16/11/2011 120 Flintshire County Council
4.00 RECOMMENDATIONS
4.01 That the County Council receives the recommendations made by the Executive at their meeting on 15 November 2011 that:
1. The Choices Consultation Document and Tenancy Agreement appended to this report together with the revisions set out in Appendices 1 and 2 be approved as the basis on which tenants will be formally consulted prior to the ballot. 2. The Council seeks approval from the Welsh Government to proceed to formal consultation and a confidential ballot of all secure and introductory tenants, Stage 1 and Stage 2 Notices, in accordance with the timetable set out in the report. 3. That the Leaseholder Consultation Document appended to this report together with any applicable revisions set out in Appendices 1 and 2 is approved as the basis on which leaseholders will be formally consulted. 4. That the Chief Executive, in consultation with the Leader of the Council and the Executive Member for Housing, be given delegated authority to make any necessary final changes to the Choices Consultation Document, Tenancy Agreement and Leaseholder Consultation Document required by the Welsh Government.
5.00 FINANCIAL IMPLICATIONS
5.01 The Council can afford to spend approximately £49 million in the five years 2013/14 to 2017/18 on WHQS improvements. The Council’s investment programme was agreed by the Executive at their meeting on 19 July 2011. The Council would be able to carry out some WHQS improvements within the five year period, but would not be able to bring all homes up to WHQS. It is estimated that the Council would have a shortfall of around £116 million after five years and would not be able to bring all homes up to WHQS for 26 years.
5.02 The Choices Consultation Document outlines the maximum investment that the Council would be able to afford in the event of tenants voting to stay with the Council. The proposals outlined in the event of retention do not represent a WHQS business plan that would be acceptable to the Welsh Government.
5.03 The Choices Consultation Document sets out a number of service improvements that the Council would deliver for tenants. These service improvements have been included on the basis that efficiency savings and/or service charges will be available to fund them.
5.04 The transfer business plan shows that Dee Housing would have the ability to deliver the required investment within the first five years to achieve WHQS and maintain
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this over the 30 year period of the business plan. The business plan has been reviewed and approved by the Welsh Government.
5.05 There would be a total investment of £467 million over the life of the business plan. Dee Housing would borrow significant sums of money to deliver the investment programme and in accordance with its current business plan would have a peak debt of £141.376 million. The current business plan shows that this debt would be repaid from income by year 30.
5.06 In addition to meeting WHQS for all properties within five years of transfer, Dee Housing’s business plan also makes provision for an extra £2.6 million per year (for thirty years) to fund new and/or enhanced services identified by tenants during the consultation together with a programme of delivering 150 new affordable homes within ten years of transfer. Resources for service improvements and new affordable housing are built into the Dee Housing business plan and are not dependent on efficiency savings or service charges.
5.07 The financial projections for both the Council and Dee Housing assume the continuation of the Major Repairs Allowance "the Dowry", in accordance with Welsh Government expectations.
5.08 If tenants vote in favour of transfer, the post ballot costs involving set up costs for Dee Housing, which Welsh Government expects to be limited to £4 million, would also need to be funded from "the Dowry". These costs have been factored into the Dee Housing business plan. In the event of tenants voting to staying with the Council, pre-ballot eligible costs of up to £1 million will be reimbursed to the Council by the Welsh Government.
5.09 In the event of transfer the Housing Revenue Account (HRA) would be closed. The costs of the retained housing function would continue to be met by the Council (General) Fund. Under the current arrangements for debt redemption, the Welsh Government has confirmed HM Treasury would provide the financial support to meet the overhanging Public Works Loan Board (PWLB) debt and associated early redemption penalties attributable to the HRA, currently estimated at £33 million, but only if transfer takes place.
6.00 ANTI POVERTY IMPACT
6.01 None directly at this stage.
7.00 ENVIRONMENTAL IMPACT
7.01 None directly at this stage.
8.00 EQUALITIES IMPACT
8.01 None directly at this stage.
Date: 16/11/2011 122 Flintshire County Council
9.00 PERSONNEL IMPLICATIONS
9.01 As highlighted in 3.15 in the event of a "yes" vote there are major implications for the Council workforce eligible for TUPE transfer and risks to the continuity of services provided to the Housing Revenue Account by the Council under contract/Service Level Agreements.
9.02 If tenants vote in favour of transfer, and the housing stock transfer proceeds, those employees who are directly employed in managing and maintaining the Council’s landlord service would transfer to Dee Housing. The majority of the employees providing landlord services in housing services within the Community Services Directorate and in the Building Maintenance DLO would have the right to transfer under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006).
9.03 In addition to the staff carrying out housing management and housing building maintenance functions there are likely to be a limited number of employees in other directorates who may also have a right of transfer. This is likely to include staff who are assigned to services which support management of the housing stock even if they are part of other (non housing) departments, and will include staff from support services for example, Finance and Human Resources. Some employees who spend a lesser part of their time working on the landlord service may also transfer if this is agreed between the Council and Dee Housing.
9.04 Some services receive income from the HRA that contributes to staff salaries. Staff in these services may not be on the transfer list but will be affected as their workload will reduce if stock is transferred. In these instances there will be a need to review structures to ensure that loss of income and reduction in workload are effectively managed.
9.05 The Council has already decided that, in the event of a transfer that services funded by the Council (General) Fund would remain with the Council. These services and employees working on them include:
The Wardens Service and managing the Supporting People budget Review housing conditions and assessing housing need in the County Deciding on housing strategy for providing new affordable housing Tackling homelessness, providing housing advice and assisting homeless people Providing a Housing Register and making nominations to Housing Associations Giving loans and grants for repairs and improvements to private properties Providing the Housing Benefit and Welfare Rights services.
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9.06 Exactly who will transfer will be confirmed as soon as practically possible after the result of the tenants ballot, if this is in favour of transfer. The final TUPE list will be subject to agreement with Dee Housing in the post-ballot period.
10.00 CONSULTATION REQUIRED
10.01 As set out in the report for tenant consultation on the Choices Consultation document once approved.
11.00 CONSULTATION UNDERTAKEN
11.01 As set out in 2.03 - 2.10 of the report.
12.00 APPENDICES
12.01 Appendix 1 - Welsh Government comments on Choices Consultation Document with recommended Council responses Appendix 2 - Dee Housing Shadow Board comments on Choices Consultation Document with recommended Council responses Appendix 3 - Correspondence from Welsh Government (7 November 2011) Appendix 4 - Draft Choices Consultation Document Appendix 5 - Draft Tenancy Agreement Appendix 6 - Draft Leaseholder Consultation Document
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
As contained and listed in the relevant files contained within the Executive office
Contact Officer: Colin Everett Telephone: 01352 702103 E-Mail: [email protected]
Date: 16/11/2011 124 APPENDIX 1
Welsh Government Response to the Draft Choices Document and Draft Tenancy Agreement with recommended Council responses
Areas in which the Draft Choices Document does not Fulfil the Requirements of the Housing Transfer Guidelines
No Guideline Guideline requirement Welsh Government Comments Flintshire response reference 1 Page 49 item The mandate required by the The Foreword and Part A should d local authority from the tenants clearly explain how the ballot will Agreed to proceed with transfer and, in work and that a vote in excess of the case of split transfers, a clear 50% in favour of transfer will indication of what the local mean that the transfer takes authority intends to do if one place. ballot goes in favour of transfer and the other goes against 2 Page 49 item f The method used to value the This information needs to be housing as social rented housing inserted into the draft document Agreed (suggested text below) including a brief explanation of How is the price that Dee housing tenanted market value would pay for the homes transferred to be calculated? The price that Dee Housing would pay is based on a Government formula known as “Tenanted Market Value” and this differs greatly to that used in an open market sale or to a
125 tenant under the Right to Buy. This method seeks to balance the income (mainly from rents) received by Dee Housing over 30 years against the costs of delivering the repair, modernisation and improvement programmes and the costs of managing the homes over the period. This valuation takes account of: • the fact that the housing must be kept available for rent at affordable levels with tenants keeping their security of tenure • the likely rents payable by tenants over a 30 year period • the costs of managing and improving the homes over that period • the cost of the significant programme of repairs and improvements that are planned by Dee Housing • the cost of carrying out the other promises set out in this document
Other Comments
126 No Page reference Current Welsh Government Comments Type* Flintshire response from draft wording (see Choices below) document 3 Page 2 line 2 ‘ brought up to ‘by 2012 or soon after’ should be FA the Welsh inserted after WHQS Agreed Housing Quality Standard’ 4 Page 2 line 6 ‘Welsh Should be replaced with ‘ in a FA Government timescale acceptable to Welsh Agreed aspirations’ Government’ 5 Page 2 second ‘CHM registered Information needs to be included FA paragraph social landlord about Dee Housing being registered Agreed (RSL) and regulated by Welsh Ministers 6 Page 3 first and ‘within five years It would be helpful to add ‘ by 2018 - R third bullet point of transfer’ 2019’ so that tenants have a clear Agreed, but five years ends at 31 idea of timeframe March 2018 7 Page 4 last bullet ‘your homes It would be better to read’ your FA point would be under homes would continue to be subject Agreed the supervision to the policies and guidelines set by of Welsh the Welsh Government’ Government’ 8 Page 4 Table A reference to sheltered housing FA Agreed. Dee Housing £120k a should be added to the table year is in addition to the Council’s £100k a year 9 Page 6 Bullet point 4 Delete ‘supervise’ from Dee Housing FA column and wording should be ‘the Agreed role of the Welsh Government is to regulate all registered social
127 landlords in Wales’ 10 Page 6 Bullet point 6 Could you confirm whether or not FA Flintshire has de pooled its services charges. If the Council has not de The Council has not de-pooled its pooled service charges then these service charges. are already contained within the rent so the current wording would not be Minor text amendments required factually correct . Could you also to cover this point. advise whether there is intention for the Council or Dee Housing to de Neither the Council or Dee pool in the future Housing have decided to de-pool in future.
11 Page 6 Bullet point 7 The wording of ‘plan ‘to’ is unclear in FA both boxes. A tenant may receive services but does not currently pay a Minor text amendments to cover separate service charge. How would this point. the Council deal with this if they de- pooled and how would Dee Housing deal with it as RSLs are required to charge rents and service charges separately 12 Page 8 and ‘If tenants stay It would be more accurate to say throughout with the council’ that’ the houses stay with the ‘Houses’ not accurate as we have document Council’ other property types. Leave as written or use ‘properties’ 13 Page 8 ‘The Council’s This should refer to Welsh FA policy is for new Government rent policy ‘the rents for Agreed tenants’ existing and new tenants would be
128 set in accordance with Welsh Government rent policy 14 Page 9 Service charges Reference to be made that FA and supporting availability of Supporting People Agreed people grant is subject to guidance from the Welsh Government 15 Page 9 First paragraph See comments above (point 9) FA about service charges being Minor text amendment to cover incorporated into rents and the issue this point. of de pooling. This needs to be clarified 16 Page 9 Third paragraph After ‘Dee Housing’ delete ‘and will R sheltered be paid for by the Council and Reject. This is an accurate housing Supporting People Grant’ statement, but can be reworded. schemes 17 Page 9 Fifth paragraph Delete ‘ ‘reasonable’ before ‘costs’ FA Agreed 18 Page 12 and ‘references to This should be changed to FB others ‘handyman’ ‘handyperson’ and all references Agreed throughout the document checked for consistency 19 Page 20 Welsh Please ensure that the message and FA Government facts are consistent between part D Agreed policy on and Part A improving social housing 20 Page 23 ‘The Council It would be helpful if the wording was R has more limited ‘the Council has less money’ Agreed money available’
129 21 Page 25 Dee Housing This commitment should not be would plan to contingent on the availability of any Agreed. The Dee Housing Plan build 100 -150 level of Social Housing Grant in can provide 150 new homes within homes future years. Please provide us with 10 years of transfer without the confirmation that the business plan need for any Social Housing Grant can fully meet this level of development without grant and still meet all other promises in the Choices Document within affordable peak debt limits. 22 Page 28 Council details Similar details should be provided FB of telephone, (where possible) for Dee Housing Agreed internet and 24 hour service are stated 23 Page 32 Supporting See reference at point 7 above people Agreed. We assume this point reference actually refers to point 14 (page 9).
24 Page 33 ‘Dee Housing This figure needs to be inserted . FA would set aside Agreed figure is £600k over five a budget of years and is addition to the £100k £xxxx’ p.a. the Council can commit from efficiencies. 25 Page 43 Second bullet This is difficult to read and needs to R point ‘ you will be amended Agreed continue not to have the right…’
130 26 Page 43 Last bullet point It would be easier to read as’ your R about Dee entitlement to claim housing and Agreed Housing council tax benefits would be the same as with the Council’ 27 Page 46 Right to manage A cross reference page is required in R Agreed the Right to Manage section 28 Page 49 First full This would be better if it was split into R paragraph two paragraphs to enable easier Agreed ‘Introductory reading tenants…’ 29 Pages 52 -62 and References to All references to Welsh Assembly FA throughout Welsh Government should be replaced with Agreed document Assembly ‘Welsh Government’ Government 29 Page 56 Third paragraph The word ‘who’ should be replaced R of ‘what type of by ‘whom’ Agreed organisation is Dee Housing’ 30 Page 56 “ “ See question about allocations policy FA No question from you on of Dee Housing contained below allocations. Assume you are referring to successions 31 Page 59 Shadow Board Profiles of shadow board members FB members should be included Agreed, but very short, factual statements 32 Page 61 ‘fro’ This should be ‘for’ FA Agreed
33 Page 69 Reference to 5 This date needs to be amended FA December Agreed
131
34 Page 70 ‘application to This should be ‘application to Welsh FA the Welsh Ministers’ Agreed Government’
Tenancy agreement Page 8 2.7 ‘if applicable If water charges are paid , there FB water charges’ needs to be a separate explanatory Agreed. Will include short paragraph detailing the explanatory paragraph. arrangements. Page 14 7.1 Succession It would be helpful if you could FA explain the reasoning behind offering The reasoning behind the offering two successions of two successions is that as a new organisation, tenants may not trust Dee Housing to exercise discretion in the same way as the Council currently does. This was fully supported by tenants in the theme groups looking at tenants’ rights.
Page 17 9.5 ‘changes’ This should read ‘ ‘charges’ FA Agreed
* Is the comment for Factual Accuracy (FA), Readability (R) or Fair and Balanced Representation (FB)
132 APPENDIX 2
Dee Housing Shadow Board
Comments and proposed amendments to Draft Choices Consultation Document (Draft 6)
General comments made:
Fair Accurate Balanced Comprehensive Tenant priorities addressed Significant proposals on behalf of Dee Housing.
Specific comments made:
Document Page Number Comments from meeting on 18 October 2011 Accept/Reject Part A 2 Comment about inclusion of number of Council properties meeting WHQS. Factual so no change proposed. N/A
B 6 Typo error: “support” Accept B 8 Concern over benchmark rents for new tenants. WG expectation Accept and all rents will move to benchmarks over time. No change proposed.
B 10 Collecting water rates: add in “existing” before tenants Accept
133 B 6 Comments made about definition of “affordability”. Explanation Reject. The issue of 80% of given. Proposed change to ensure the use of the term here is not market rents being termed seen as to mean “affordable rents” in England under the UK Govt’s affordable only applies in recent policy (up to 80% of market rents – termed affordable rents) England and not in Wales. B 9 Concern over the likely reductions of SP and impact on warden’s service. Sector to model in phased reductions and consider Dee N/A Housing Business Plan provision. (Presentation to Shadow Board on 1/11/11. Business Plan now makes provision for phased reductions in Supporting People Grant). C 12 Do the extra/improved services mean there is a new business plan? No. The existing business plan presented to the shadow N/A board has up to £2.6m provision for additional commitments. The items included in the draft document are costed and built into the business plan. Sector to present on this at next meeting. (This was actioned at the meeting on 25 October 2011) C 12 Last bullet DH: remove the word “additional” Accept C 12 Tenant Participation team appointments – process would N/A commence after ballot and before transfer. Include text for “Caretaking service” for Dee Housing (already in for Accept C 16 the Council) C 19 Error: Delete the word “to” start of Para 6. Accept
C 20 Why are figures in table the same for Council/Dee Housing on N/A kitchens, heating, and smoke detectors? Updated work figures take account of the Council’s improvements in 2011/12 and 2012/13 and reflect for both the five year period commencing April 2013. D 24, 25 Flint maisonettes: Assess business plan impact of decision to decant and demolish. Presentation to Board on 1/11/11. N/A
134 D 27 (and part I) Enforcement of local labour/supply chain clauses. This is N/A challenging but possible. Expert advice will be required. E 33 Need to include budget figure for sheltered housing improvements Accept
E 33, 34 Provision of computer and internet access: add in the word “communal” for both. Accept F 36 6th bullet in table: replace “problems” with “issues” or “queries” as Accept Dee Housing will have a comprehensive complaints policy and procedure. G 47 “Right to pass on tenancy” question is repeated. Delete. Accept H 61 Typo Para 6: Should be “for” Accept Part Page Number Comments from meeting on 25 October 2011 Accept/Reject
B 6 and others Shadow Board asked for reasons for decision not to transfer the wardens service, which is the norm. Head of Housing explained N/A that FFC had taken decision to retain all non-HRA funded services and there was an aim to make the service cross-tenure. B 6, 9 Business Plan has now made provision for the phased reduction of E 31, 32 SP Grant. As this safeguards warden’s service funding, Shadow Reject. Council has the option Board consider that as the Council hasn’t/can’t commit to this, this of funding the shortfall should should be highlighted in the document as a benefit of transfer. the need arise.
C 12 and others FCC 4th bullet: Shadow Board considered the use of the phrase “cannot guarantee that there would be additional resources…” is Reject. WG have commented misleading, and should be replaced with ”Does not have the on this. money” F 36 5th bullet DH: delete word ‘major’ Accept
135 F 36 7th bullet DH: indicate that elected tenants and independents would retire by rotation with tenants being subject to re-election. Cross Accept reference to page 60. F 36 Move current 8th bullet DH to the top of table and in all summary tables in document put issues with differences to the top of the Accept tables.
F 36 2nd bullet DH: change to “three to eight officers” Check other Accept references to this for consistency F 37 Amend “annual survey of tenants” to “rolling programme of Accept surveys” F 38 and 40 2nd bullet and 5th line: replace “problems” with “issues” Accept F 37 and 39 Last para and 2nd last para: Delete “true and meaningful” Accept
F 40 Add into table section explaining that the community mutual model Accept provides tenants with significant influence not only over services but the management of the organisation
F 42 Complaints 3rd para: Replace board reference with “to Director Accept level” G 45 DH Right to manage, complete cross reference. Accept G 50 Question on forcing tenants to move: Delete entire question and answer as some circumstances where both would take action to Accept move tenants G 51 2nd last para: Replace “probationary” with “starter”, for consistency. Accept H 52 5th bullet both sides of table: replace “problems” with “issues” Accept H 52 Consider including diagram to represent both Council and Dee Accept Housing governance structures to aid understanding H 57 3rd para: Remove question mark. Accept
136 H 59 Identify Shadow Board Chair and Vice-Chair and include brief Accept. Very short factual member profiles profiles I All Shadow Board members considered that, subject to Business Plan considerations, Dee Housing could offer more in terms of community development and support services. Ideas discussed N/A included: community development fund; insurance schemes; hardship funds; financial inclusion services; floating support services etc.
Shadow Board agreed that these ideas should be developed and costed so that further consideration can be given at the next meeting to improving the Dee Housing option so that it is clearly contrasted with the more limited retention case which the Council is financially able to make. (Presentation on costs and confirmation that Business Plan can make provision given on 1 November 2011) J 69 Confirmation given that the Council must consider the outcomes of N/A A 5 the stage 1 consultation before deciding whether to hold the ballot
Part Page Number Comments from meeting on 1 November 2011 Accept/Reject
C and/or I 19 (c ) 67 (I) Following presentation from Keith Finch (Sector, Financial plus summary Advisors), Shadow Board requested that the following services Accept (Council to include 1.5 tables should be added to the Dee Housing element of the draft Choices FI Officers and 1.5 Floating Document: 1) a Community Chest of £25k per year for years 1-3; Support Officers) 2) A Financial Inclusion Team of three officers; 3) a Floating Support Team of three officers. Keith Finch confirmed that all these items could be fully funded within the business plan.
137 All Shadow Board noted that the Council’s additional commitments are contingent on service efficiencies and/or service charges, N/A whereas Dee Housing commitments are fully costed within a thirty year business plan. Summary Document Shadow Board requested input to the Choices Document summary Accept document.
138
Tai, Adfywio a Threftadaeth Housing, Regeneration and Heritage
APPENDIX 3
Colin Everett Chief Executive Flintshire County Council County Hall Flint
7 November 2011
Dear Colin
Welsh Government response to the Flintshire draft Choices document
Thank you for forwarding draft copies of your Choices and Tenancy Agreement documents (received on 14th October) both of which have now been considered.
I have attached a grid which provides the response in the agreed format. There are only two areas where it is considered the draft Choices document does not meet the housing transfer guidelines and I hope that you will be able to resolve both of these areas fairly easily.
There are a larger number of comments which are categorised into factual accuracy, readability or fair and balanced representation and a column on the grid has been included for your response.
I would specifically like to draw your attention to our comment 21 relating to plans to build new homes and would like confirmation prior to the Choices Document going to Scrutiny that the commitment is not contingent on Social Housing Grant.
A video meeting has been provisionally booked with you and your project team for Thursday 10th November at 1pm in case a discussion is required on our responses.
It is important that the draft leaseholder document, easy guide and foreword (to the Choices document) is forwarded urgently so that it can be considered and I would be grateful if you could let me have these drafts by Thursday (10th November) please.
In terms of timetable, there are a number of stages which you will need to progress and I have set them out below for ease:
Comments from Flintshire about Welsh Government response. by 10th Nov
Draft leaseholder, easy guide and foreword to WG. by 10th Nov
Final Draft choices and foreword, tenancy agreement by 23rd Nov leaseholders and easy guide to be submitted to Welsh Government (for the Minister).
Rhydycar [email protected] Merthyr Tydfil Ffôn ● Tel0300 0628231 CF48 1UZ Gwefan ● website: www.wales.gov.uk 139 [email protected] 03000628231
Response from WG to ensure that the Choices document by 2nd Dec goes to print by 5 December. Stage 1 Early January Ballot 20th February to 18th March
It is vital that the above timetable is adhered to so that the ballot can take place during February – March prior to the local government pre election period and, in light of the comments supplied, I would expect the timetable to be met.
You will appreciate that further comments may be required following your response to the attached and that the Minister may also have comments once the version approved by Flintshire Council has been forwarded to Welsh Government
I look forward therefore to receiving your response and assure you that housing officials will work in full co operation with you and your team to ensure that this is achieved.
Yours sincerely
Brian Gould Head Housing Quality Standards Housing Directorate
140
APPENDIX 4
Contents
Part A The Council’s housing transfer proposal Page 2
Part B The rent and other charges you would pay Page 6
Part C Delivering better local services Page 12
Part D Improving and repairing your home Page 20
Part E Services for older people and sheltered housing Page 31
Part F Involving you in the running of housing services Page 36
Part G Your rights Page 43
Part H About the Council and Dee Housing Page 52
Part I Community and economic regeneration Page 64
Part J The next steps – The legal requirements for tenant consultation Page 68
Part K Other useful information and contacts Page 71
Part L The proposed Assured Tenancy Agreement (See separate document)
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Part A: The housing transfer proposal
Why is the Council consulting you on transfer?
Like all council and registered social landlord homes in Wales, Flintshire’s homes must be brought up to the Welsh Housing Quality Standard (WHQS). The Council aims to provide good quality, well-managed and well-maintained homes at an affordable rent. The Council would meet WHQS for all homes if sufficient funds were available. Due to limited funds the Council will not be able to fund all the repairs and improvements needed to bring all the homes up to the WHQS in a timescale which meets Welsh Government aspirations. At the moment 26 of the 7,443 homes owned by the Council fully meet the WHQS.
The Council is proposing a transfer of all its homes to a new, not-for-profit and independent housing organisation called Dee Housing Limited (Dee Housing). Dee Housing would be a new, independent, Community Housing Mutual Registered Social Landlord (RSL).
The WHQS states that every home in Wales must be:
In a good state of repair
Safe and secure
Adequately heated, fuel efficient and well insulated
Fitted with up-to-date kitchens and bathrooms
Located in safe and attractive environments
Well managed
As far as possible, suited to the specific requirements of the household (e.g. where adaptations are needed because of specific disabilities)
What needs to be done to meet the Welsh Housing Quality Standard?
The Council has had tenants’ homes independently surveyed to identify all the work needed to bring them up to WHQS including the work needed to the areas around the home, such as car parking, fencing and improved security.
See Part D for more details
The Council’s position
The Council is putting a proposal to tenants to transfer to Dee Housing - a new, not-for- profit registered social landlord. The Council is not seeking to promote a particular result from the ballot and firmly believes that it is the tenants’ decision to decide the future of their homes. This is what we have called the Council’s ‘neutral stance’. Through a ballot the choice whether to vote in favour of a transfer or not will be made by the tenants.
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The choice you are being asked to make
This Choices Document sets out both the proposal to transfer as one option and the choice of staying with the Council as the other option. The facts are:-
An independent survey has shown that £166 million is needed to bring all Flintshire Council’s homes up to WHQS within five years.
The Council could raise £49 million within five years leaving a shortfall of £116M
The alternative new landlord, Dee Housing, would have £166 million needed to bring all homes up to the WHQS within five years of transfer and to maintain the standard for 30 years.
The Council could not meet the Welsh Housing Quality Standard for all its homes in full for approximately 26 years.
Dee Housing would also have around £1.75 million a year to spend on new or improved day to day housing services.
The table below summarises what work can be completed by the Council and by the prospective new landlord Dee Housing in the period of five years after 2013 with the funds they would have available:
Type of improvement Staying with the Council Transferring to Dee Housing Approximate number of Approximate number of homes that would benefit homes that would benefit from improvements over five from improvements over five years from 2013 to 2018 years from 2013 to 2018 New kitchens 4,880 4,880 New bathrooms with 1,300 6,050 showers New double-glazing Essential work only 1,000 New boilers and/or 3,550 3,550 heating systems Smoke detectors 4,667 4,667 Rewires with additional Essential work only 6,100 sockets New front and back doors Essential work only 3,000 External wall repairs Essential work only 2,000 New roofs Essential work only 2,000 External works Essential work only 5,000 Structural improvements Essential work only £10.5 million to non-traditional homes Environmental works Essential work only £7.4 million Disabled adaptations £5 million £5 million Total over 5 years £49 million £166 million
Whichever choice you make, some things will remain the same. Some things would be different depending on the outcome of the ballot.
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The things that will remain the same whatever the outcome of the ballot are:
Rents and service charges – see Part B Your entitlement to claim Housing Benefit and Council Tax Benefit would not be affected – see Part B Subject to the availability of Supporting People Grant, the warden service for sheltered housing would continue – see Part E Your right to remain in your home will remain unchanged – see Part G All your key rights and entitlements would be protected – see Part G Your right to buy your home would remain – see Part G Your homes would continue to be under the overall supervision of Welsh Government – see Part H.
The things that would be different under the two possible ballot outcomes are:
Staying with the Council Transferring to Dee Housing Your rent money – see Under current rules, the Dee Housing would be able to Part B Council would continue to keep all rent pay some of the total rent to the UK Treasury - £6.2 million in the current year Welsh Housing Quality It would take 26 years for All homes could be brought up Standard – see Part D all homes to be brought up to WHQS within five years of to WHQS transfer Investment proposed – £49 million in the five £166 million in the first five see Part D years from 2013 years after transfer The Council is committed Dee Housing would be Your housing services – to continuing to improve committed to improving see Part C housing services. Any housing services, and would additional or improved have £1.75 million additional services would be paid for money available to spend on through service service improvements after efficiencies and/or service transfer each year for 30 charges. years. Job creation proposals – Investment programme is Investment programme is see Part I anticipated to create 100 anticipated to create 300 new new jobs in the five years jobs in the first five years after from 2013 transfer New homes – see Part I The Council cannot afford Dee Housing plans to develop to build any new homes approximately 100 – 150 new within the foreseeable affordable homes within ten future, but regardless of years of transfer to help the outcome of the ballot it deliver the County’s objective will continue to work with of increasing the amount of Housing Association and affordable housing available private sector partners to for local people. provide new homes for rent and sale across the County.
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The detailed comparison of these alternatives is set out in Parts B to L in this Choices Document.
If tenants vote for transfer, what role would the Council have?
If tenants vote for transfer, the Council would no longer be your landlord but would work in close partnership with Dee Housing. There would be a legally binding contract that would require Dee Housing to deliver the commitments made in this Choices Document. The Council would also continue to deliver other important housing functions:
Providing the Wardens Service and managing the Supporting People budget Review housing conditions and assessing housing need in the County Deciding on housing strategy for providing new affordable housing Tackling homelessness, providing housing advice and assisting homeless people Poviding a Housing Register and making nominations to Housing Associations Giving grants for repairs and improvements to private properties Providing the Housing Benefit and Welfare Rights services.
The Council would continue to provide other services including rubbish collection, environmental services, leisure and planning, education and social services.
How have your views helped to shape this proposal?
The Council has used newsletters, drop-in sessions, conferences and surveys to ensure that all tenants are aware of the proposals and that they have had the opportunity to be actively involved. It has worked closely with the tenants and DOME Consultants, the Independent Tenants’ Advisors, who have run a series of meetings, road shows and conferences open to all tenants to receive comments and ideas from tenants. The Council has listened to your suggestions so that they can be dealt with within this document.
How can I comment on this proposal?
The Council is committed to an open and detailed consultation process with all its secure and introductory tenants.
The Council will consider any comments tenants make on the proposal. There is a card included in the centre of this offer document to help you make comments. Please send your comments in to reach the Council by midday on [ ].
The Council will consider tenants’ comments on the transfer proposal and will decide whether this proposal needs to be altered and whether to go ahead with the ballot of all the Council’s secure and introductory tenants.
See Part J for more details
Where can you go for independent advice?
The tenants’ appointed DOME Consultants to provide free independent advice and information to all tenants and leaseholders throughout the transfer consultation. DOME Consultants is a very experienced independent tenants’ advisor. If you are concerned about any aspect of the proposal and want independent advice you should contact them by telephoning their free phone helpline 0800 919994. See Part K for more contacts.
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Part B: The rent and other charges you would pay
Summary
Staying with the Council Transferring to Dee Housing
Council rents would still be affordable Dee Housing’s rents would still be and subject to Welsh Government rent affordable and subject to Welsh policy, just as they are now. Government rent policy, just as they are with the Council.
The Council’s policy would be to keep all Dee Housing’s policy would be to keep rents at affordable levels. all rents at affordable levels.
Under the current housing subsidy All rent received would stay with Dee system, the Council will continue to pay Housing which could be spent on the approximately £6.2 million of money homes and services unlike the current received in rent to HM Treasury and not position with the Council. be able to spend it on housing in Flintshire
The Welsh Government is responsible for The role of Welsh Government is to holding the Council to account for regulate and supervise all registered performance against policy and social landlords in Wales such as Dee standards. Housing.
Under existing rules, your entitlement to Under existing rules, your entitlement to claim Housing and Council Tax Benefits claim Housing and Council Tax Benefits would continue. would not be affected by transfer.
There will be no hidden service charges There will be no hidden service charges and no hidden increases. and no hidden increases.
The Council would not plan to introduce Dee Housing would not plan to introduce any new service charges for existing any new service charges for existing services you receive. services you receive.
Subject to the availability of Supporting Subject to the availability of Supporting People grant, the Council will continue to People grant, the Council would provide provide funding to support a warden funding to supp ort a warden service to service to sheltered housing tenants. the sheltered housing tenants of Dee Housing after a transfer.
What would happen to your rent if homes stay with the Council?
The table below compares projected future rent increases for an existing tenant under the Council and Dee Housing. These figures are based on the average rent and current Welsh Government policy on annual rent increases for the Council. They assume that guideline rents determined by the Welsh Government for the Council will continue to increase on average at 1.7% above inflation each year. This actual figure may change
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What does this mean in real money?
Rent Year Estimated average rent with Estimated average rent the Council for existing with Dee Housing for tenants existing tenants £ p/w £ p/w 2012-13 70.13 70.13 2013-14 72.72 72.72 2014-15 75.41 75.41 2015-16 78.19 78.19 2016-17 81.08 81.08 2017-18 84.08 84.08 2018-19 87.19 87.19 2019- 20 90.13 90.13 2020-21 92.83 92.83 2021-22 95.61 95.61
What would happen to your rent if homes transfer to Dee Housing?
Based on the current estimates of Council rent increases in line with Welsh Government guidelines, average rent increases each year under Dee Housing would be no greater than they would be if the homes stay with the Council.
The Welsh Government’s rent setting policy aims to ensure that over a period of time rent levels for councils and registered social landlords like Dee Housing are set at similar levels for similar properties in similar locations. This policy requires all Welsh councils and registered social landlords to reach what are known as “benchmark” rents for their properties (this is known as “rent convergence”). Therefore, under current Welsh Government policy, rents would reach the same benchmark levels whether transfer to Dee Housing takes place or not. Dee Housing would be subject to, and therefore set rents in line with, this policy.
The current Welsh Government policy means that rents for existing tenants will increase by inflation plus 1.7% each year until they reach the benchmark rent. Once the benchmark rent has been reached, your rent should increase by no more than inflation plus 1% each year.
This is the guarantee on rents for all existing Council tenants, based on the Welsh Government’s guidelines on housing transfer. This rent guarantee has been used in Dee Housing’s Business Plan, which would need to be approved by the Welsh Government before any transfer could take place. The guarantee would also be legally protected through the contract for the transfer between the Council and Dee Housing.
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If tenants stay with the Council, what rents would new tenants pay?
The Council’s policy is for new tenants to pay the same rent as outgoing tenants in the same property.
If tenants vote to transfer, what rents would new tenants pay?
The Welsh Government will require Dee Housing to charge all new tenants the benchmark rent for their home from the start of their tenancy. New tenants are people who are not currently (or at the time of transfer) secure or introductory tenants of the Council, and who move into a home for the first time after the date of transfer.
Rent Year Estimated average rent with Dee Housing for new tenants£ p/w 2012-13 73.28 2013-14 75.48 2014-15 77.75 2015-16 80.08 2016-17 82.48 2017-18 84.96 2018-19 87.51 2019- 20 90.13 2020-21 92.83 2021-22 95.61
Would you still be able to claim Housing Benefit?
Yes. Regardless of the outcome of the ballot, your entitlement to claim housing benefit and Council Tax Benefit will not be affected. Any future applications for housing benefit would still be made to and assessed by the Council who would continue to make payments, even if there is a transfer. If tenants vote for transfer, Dee Housing’s staff as well as Council staff would also be able to provide advice about housing benefit.
Would you still have the rent free weeks?
Yes. Regardless of the outcome of the ballot, the Council’s current policy to collect rent over 50 weeks, (or 51 weeks in a 53 week year) would continue, so you would still have your two 'rent free' weeks. If you are in arrears you would still be required to make payments during the 'rent free' weeks.
Would you pay any extra when my home is improved to the Welsh Housing Quality Standard?
No. Whether tenants vote to transfer or stay with the Council, there would be no extra charge for any of the improvements done to your home over and above the usual annual rent increases (as explained above).
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Would there be extra service charges and would you need to pay for these?
A service charge is a charge for the cost of providing and maintaining services or amenities that benefit only certain tenants and are extra to the standard landlord service provided for all tenants. Examples include caretaking, grounds maintenance, and support services in sheltered housing. Currently, Council tenants do not pay service charges for these services and, subject to the availability of Supporting People grant, it is planned that this would continue to be the case if tenants stay with the Council or transfer to Dee Housing.
What about charges in sheltered housing schemes?
If you live in sheltered housing and receive additional housing support from sheltered housing wardens, there is currently no charge for this service. This will continue to be the case for current tenants if tenants stay with the Council or vote to transfer to Dee Housing.
If the charges for your warden and other services are currently paid for by Supporting People and the Council, subject to the availability of Supporting People grant, the Council has agreed to continue to fund this service for current tenants whether your home stays with the Council or transfers to Dee Housing and will be paid for by the Council and Supporting People Grant.
Would there be new charges for any additional new services?
There would be no new service charges unless tenants want new or significantly changed services. The Council or Dee Housing would consult all tenants and leaseholders affected by proposals for new or changed services and explain the implications of the changes including the cost. Any new services would only be introduced with the support of the majority of the tenants affected.
If after consultation with the tenants and leaseholders affected a new service is introduced, then the Council or Dee Housing would only charge those tenants and leaseholders who benefit from the new service to cover the reasonable costs of providing the service.
What would happen to garages?
If tenants stay with the Council then all garages will continue to be owned, managed and let by the Council. If tenants vote for transfer, then garages would be owned, managed and let by Dee Housing. If ownership of your garage transfers to Dee Housing, you would pay garage rent to Dee Housing.
How would rent arrears be dealt with?
Your rent pays for the housing service, the investment in the homes and repayment of loans. The Council and Dee Housing believe it is not fair to those tenants who pay their rent on time, to allow a minority not to do so.
If tenants stay with the Council, any rent arrears that existing tenants owe to the Council would still be payable to the Council, If tenants vote for transfer, existing rent arrears will be payable to Dee Housing. Regardless of the ballot outcome, the Council or Dee
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Housing would continue with the firm but fair approach successfully applied by the Council. Dee Housing’s rent arrears policy would continue the Council’s policy of maximising income for tenants and ensuring that tenants are aware of what benefits they can claim.
The Council and Dee Housing also realise that some tenants sometimes have financial difficulties through no fault of their own. If you experience financial problems that make it difficult to pay your rent, staff from the Council or Dee Housing would be available to help and support you. If you get into arrears, the Council or Dee Housing would try to come to a workable arrangement to help you pay off arrears over a reasonable time in manageable instalments.
Either the Council or Dee Housing would only take court action to end a tenancy as a last resort. Generally this would be when a tenant has failed to make contact or ignored an agreement to pay off arrears without good reason.
If there was a transfer, Dee Housing would have no more rights than the Council does now to repossess your home for rent arrears or any other breach of tenancy.
Would water rates still be collected with the rent?
The Council currently collect water rates with the rent, except where tenants have water meters in their homes. If tenants stay with the Council, the Council will review this service and consult with tenants on future provision. If tenants vote to transfer, subject to reaching agreement with the water company, Dee Housing would continue this service initially and would consult with tenants on whether to extend it for a further period.
If Dee Housing decided that it would collect water rates from tenants, then like the Council, it would not evict tenants for non payment of water rates.
The Council or Dee Housing would invest any surplus money it received from the water company for providing the collection service back into services for tenants.
Would I be able to pay for contents insurance with my rent?
The Council currently provide this service and will continue to do so if tenants stay with the Council. If tenants vote for transfer, Dee Housing would plan to continue the arrangement with an insurance company that would enable tenants who chose to do so to pay for contents insurance with their rent.
What methods could you use to pay your rent?
Regardless of the outcome of the ballot, the Council or Dee Housing would continue with the current methods available for paying your rent. These include:
Direct debit from your bank or building society Directly at Council or Dee Housing offices By post - cheque or postal order sent to the Council or Dee Housing’s office Automated telephone payment by debit or credit card
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Internet payment by debit or credit card Pay Point payment at any Pay Point outlet or Post Office Deduction from your salary if you are employed by the Council or Dee Housing
If tenants stay with the Council, the Council would plan to continue the arrangement under which rent can be paid at the Council’s offices, as at present. If tenants vote to transfer, Dee Housing would try to negotiate an agreement with the Council so that this arrangement could continue after any transfer.
The Council or Dee Housing would keep all of these payment methods under review in consultation with tenants and would ensure that cost effective and convenient methods for paying your rent are always available to you.
The Council or Dee Housing would be able to offer advice and assistance to tenants on how to pay their rent and would also provide you with an easy to understand quarterly rent statement.
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PART C: Delivering better local services
Summary
Staying with the Council Transferring to Dee Housing (assuming transfer by April 2013)
The Council is committed to improving Dee Housing would be committed to improving housing services year on year as it does housing services year on year and would have now. around £1.75m of additional money available to spend on service improvements after transfer each year.
The Council would give priority to Dee Housing would give priority to increasing increasing resources for housing resources for housing management services management services including creating including creating a three person handy man a three person handy man service by service within six months of transfer. April 2013.
The Council makes tackling all forms of Dee Housing would make tackling all forms of anti-social behaviour a high priority and anti-social behaviour a high priority and would would create a dedicated ASB team of create a dedicated ASB team of four officers three officers by April 2013. within six months of transfer.
The Council cannot guarantee that there Dee Housing would improve the grounds would be additional resources to improve maintenance service including collecting grass the grounds maintenance service or to cuttings at sheltered housing schemes and enhance the current free gardening would provide an additional £50,000 a year to service for elderly, disabled and enhance the current free gardening service for vulnerable tenants. The Council would elderly, disabled and vulnerable tenants consult tenants and could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge.
The Council would aim to improve Dee Housing would aim to improve communication with tenants and make communication with tenants and make services services more accessible more accessible
The Council would expand the current Dee Housing would expand the current Tenant Tenant Participation Team from one Participation Team from one officer to eight officer to three officers by April 2012. officers within six months of transfer.
The Council cannot guarantee that there Dee Housing would set aside around £7.4m in would be additional resources to spend total over the first 5 years after transfer to spend on environmental improvements over the on general environmental works in consultation next five years. with tenants. The Council cannot guarantee that there would be additional resources to spend Dee Housing would set aside around £1.5m in on additional car parking over the next total over the first five years for additional car five years. parking.
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Who would provide the housing service?
If tenants decide to stay with the Council, it would continue to employ the people who manage and repair your homes. So you would continue to deal with people you know.
If tenants vote for transfer, employees from the housing management and repairs and maintenance sections of the Council, together with related support service employees, would transfer from the Council to Dee Housing. So you would continue to deal with people you know. The Council would continue to provide the wardens service (just as it does now) to Dee Housing tenants.
Depending on the outcome of the ballot, the Council or Dee Housing would be committed to maintaining and improving the existing housing management services and would continue with the improvement plans already put in place. Most importantly, regardless of the outcome of the ballot, the Council or Dee Housing would continue to provide locally based services within Flintshire ensuring that you have access to advice and assistance on:
Rents (see Part B) Tenancy management and tenancy conditions including anti-social behaviour (see Part C) Day to day repairs and improvements to your home (see Part D ) Sheltered housing and lifeline alarm services (see Part E).
How will the Council or Dee Housing improve the housing service?
Regardless of the outcome of the ballot, the Council and Dee Housing are committed to providing an excellent housing service and would consult tenants about the best ways to do this. The Council or Dee Housing would regularly review services in consultation with tenants to make sure they meet the needs of tenants and:
Are good value for money Meet the needs of local communities Are effective and efficient Are caring and responsive to tenants’ needs.
The Council or Dee Housing would aim to improve services and would seek your views on the quality of the services provided. The Council and Dee Housing have agreed that service improvements already being planned before the ballot will be implemented, regardless of the outcome of the ballot. These include:
Delivering the tenant satisfaction survey action plan Improving customer involvement in the housing service Improving the way we consult and involve tenants in our work Reviewing offices and customer facilities to deliver an improved customer experience Improving access to services through the internet Developing better access to services for customers in rural locations
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Improving how customer complaints are dealt with Developing an incentive scheme for tenants who have a clear rent account throughout the year Restructuring the neighbourhood housing management teams Implementing a revised allocations policy Improving the day-to-day repairs service (see part D).
How would the Council improve the local environment? a) Environmental improvements
If tenants decide to stay with the Council, the Council cannot guarantee that, beyond essential work, it would have resources for security and environmental improvements as it has prioritised kitchen renewals, central heating systems, bathroom replacements and smoke detectors over the next five years. b) Car parking
If tenants decide to stay with the Council, the Council cannot guarantee that it would have resources to create additional car parking facilities for Council tenants as it has prioritised kitchen renewals, central heating systems, bathroom replacements and smoke detectors over the next five years.
If tenants decide to stay with the Council, the Council would review the use of underused garage sites and rationalise their provision, just as they do now. c) Grounds maintenance and gardening service
If tenants decide to stay with the Council, the Council would continue to work with Age Concern to develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including council tenants. There would be no charge for tenants who are eligible for the gardening service. Where essential, the Council would also be able to:
Improve external and security lighting Improve communal drying areas Improve street and block signs Inspect communal areas during regular estate walkabouts to help identify problem areas.
The Council would also continue its successful partnership with Deeside College to offer a decorating service for Council tenants and if tenants are willing to pay a service charge, plans to extend the service by involving the social enterprise mentioned above.
The Council cannot guarantee that there would be additional resources to improve the grounds maintenance service or to enhance the current free gardening service for elderly, disabled and vulnerable tenants. If tenants vote to stay with the Council, the Council would consult tenants and could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge.
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The caretaking service plays an important part in ensuring that the environment around some of the Council’s homes is properly managed. In response to tenant priorities, if tenants decide to stay with the Council, the Council would from April 2013, extend and enhance the existing caretaking service by providing six days a week service provision. This enhanced service would enable caretakers to more effectively deal with local issues and tenant priorities.
This would require the employment of three additional posts over the next five years. These posts would be paid for through identifying efficiencies in the way the Council provides housing services and by improving performance in other areas.
How would Dee Housing improve the local environment? a) Environmental improvements
Dee Housing would have a budget of around £7.4 million for environmental and security improvements to homes and estates in the first five years after transfer and would consult with tenants and local communities to understand their priorities. Dee Housing would consult tenants on setting up a new annual estate improvements fund after the transfer, whereby priorities for spending the money could be set locally in consultation with tenants.
Subject to tenant consultation, Dee Housing would plan to:
Improve fencing, boundary walls and railings Improve external and security lighting Repair pathways and other hard landscaping Enhance landscaping around homes Provide more play areas for children Improve communal drying areas Improve street and block signs Improve rubbish storage and disposal systems Inspect communal areas during regular estate walkabouts to help identify problem areas. b) Car parking
During the consultation, many tenants said that more car parking needed to be provided for tenants, some of whom have more than one car. In response, Dee Housing plans to invest £300,000 each year for five years (a total of £1.5 million over five years) to provide more off-road car parking facilities for tenants.
In addition Dee Housing would review the use of underused garage sites and rationalise their provision, just as the Council does now.
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The Council currently provides a very successful gardening service for eligible elderly, disabled or vulnerable tenants. This will continue if tenants vote to stay with the Council. If tenants vote for transfer, Dee Housing plans to increase the funding for this service by an additional £50,000 per year, allowing more tenants to benefit from the service.
If tenants vote to transfer to Dee Housing, Dee Housing would continue to work with Age Concern to develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including tenants. There would be no charge for tenants who are eligible for the gardening service.
Dee Housing would also continue the Council’s successful partnership with Deeside College to offer a decorating service for Council tenants and plans to extend the service by involving the social enterprise mentioned above. There would be a charge for this service.
Tenants, particularly tenants in sheltered housing schemes, have also said that they would like to see the grass-cuttings collected once the communal grassed areas have been cut. In response, Dee Housing plans to improve the grounds maintenance specification to include the collection of grass cuttings at all the sheltered housing schemes in the County. This will be introduced in the first twelve months after transfer.
Dealing with anti-social behaviour and breaches of tenancy
Anti-social behaviour is a problem that affects all parts of a community and can have a significant impact upon the quality of life of those affected. In 2010, 1 in 10 tenants reported anti-social behaviour to the Council.
The Council or Dee Housing would aim to promote a safe and secure environment for tenants. Depending on the outcome of the ballot, the Council or Dee Housing would tackle the problems caused by anti-social behaviour and would plan to take the following action as appropriate?
Deal with anti-social behaviour in a firm but fair manner, aiming to discourage such behaviour from occurring in the first instance. Give clear information and advice on what tenants can do to help deal with anti- social behaviour, focussing on practical ways of resolving problems. Enforce the terms of tenancy agreements as appropriate. Provide appropriate support to tenants reporting anti-social behaviour and assist them if they are asked to give evidence in court. Assess the support needs of tenants and where appropriate, making a referral to a supporting agency so that the tenancy be successfully maintained. Develop expertise and best practice in dealing with anti-social behaviour problems and gather evidence to help ensure successful court action. Share information with the Police and other agencies to tackle problems and the perpetrators of anti-social behaviour. Work with tenants, local residents, the Council and the police and other agencies to identify local solutions for local problems.
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The Council or Dee Housing would plan to use the full range of remedies available against offenders of anti-social behaviour including where appropriate:
Taking early and firm action in relation to enforcing the tenancy Independent mediation Injunctions Acceptable behaviour contracts Anti-social behaviour orders Possession action and evictions when necessary as a last resort.
What would the Council or Dee Housing do to help prevent anti-social Behaviour?
Dee Housing and the Council both recognise that preventing anti-social behaviour is as important as tackling it where it occurs. The Council or Dee Housing would adopt appropriate measures to help prevent anti-social behaviour from occurring. These could include:-
Using starter tenancies (assured short-hold tenancies for the first 12 months of a new tenancy with Dee Housing) Clearly explaining obligations under the new tenancy to all new tenants and highlighting potential consequences of breaching the tenancy agreement Supporting new tenants during the first six weeks of their tenancy to check they have settled in and there are no unresolved issues Working to find the causes of anti-social behaviour and dealing with them. Carrying out regular estate walkabouts to make contact with local residents to understand where and why problems occur Sending a clear message to those who cause nuisance and annoyance to others that it will not be tolerated.
What would the Council provide?
If tenants decide to stay with the Council, it would continue to respond to anti-social behaviour complaints through its Area Housing Officers. The Council also plans to establish a dedicated, specialist Anti-Social Behaviour Team to support its Area Housing Officers. The Council would plan to have this team of three officers (including two new posts) set up by April 2013.
The new team would work solely on tackling anti-social behaviour and ensuring that tenants are responded to quickly and that the appropriate action is taken to stop anti- social behaviour and prevent its reoccurrence wherever possible. The Anti Social Behaviour Team would provide a specialist service supported by housing officers and would have the full range of remedies available to tackle anti-social behaviour. It would work in close partnership with tenants, local residents, the police, and other agencies to tackle any problems affecting tenancies. A formal compact agreement will be put in place to make sure all agencies are working together effectively to address concerns.
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What would Dee Housing provide?
Because tackling anti-social behaviour is a high priority for tenants in Flintshire, Dee Housing plans to expand the specialist team to four officers (one extra post) to support Area Housing Officers deal with cases of anti-social behaviour and harassment, including supporting victims.
The new team would be introduced within six months of transfer and would work solely on tackling anti-social behaviour and ensuring that tenants are responded to quickly and that the appropriate action is taken quickly and effectively to stop anti-social behaviour and prevent its reoccurrence wherever possible. The Anti Social Behaviour Team would provide a specialist service supported by housing officers and would have the full range of remedies available to tackle anti-social behaviour.
It would work in close partnership with tenants, local residents, the Council, the police, and other agencies to tackle any problems affecting tenancies. A formal compact agreement would be put in place to make sure all agencies are working together effectively to address concerns.
If homes stay with the Council, how would they be allocated?
If tenants stay with the Council, the Council would allocate homes according to the Council’s allocations policy and would ensure empty homes are allocated in a way that promotes choice, considers peoples’ needs and encourages the development of sustainable and balanced communities. It would continue to make appropriate lettings in sheltered housing schemes.
The Council is proposing to review its allocations policy and would consult tenants about any proposed changes. The Council would continue to have the legal duty to house homeless people.
The Council would continue to operate a tenants’ transfer policy. This would enable tenants who need to move to bigger or smaller properties or to another type or location of property to be considered for a move. Within its transfer policy, the Council would continue to include measures to respond to the possible rehousing needs of victims of harassment and domestic violence. Tenants would continue to have access to mutual exchange (home swaps), both in relation to the Council’s homes and other Registered Social Landlords' homes.
The Council would also plan to develop a common housing register. Under this scheme, there would be one waiting list for all social properties and landlords in the County. The Council would be able to provide applicants with up-to-date information on the demand for different types of property, indications of likely waiting times, details of rent and services and details of properties. This would give applicants the opportunity to make a much more informed choice when applying for properties.
For more information on the Council’s role after transfer, see Part H.
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If tenants vote for transfer, how would Dee Housing allocate homes?
Before the transfer takes place Dee Housing would be required to enter into a formal and legally binding contract with the Council. This agreement would (amongst other things) contain provisions to help the Council to make sure that promises made to tenants in this offer document are kept. If Dee Housing was failing to honour the promises the Council would have a right (as provided in the contract) to enforce those provisions against Dee Housing.
Tenants would be protected by arrangements set up by the Council to monitor Dee Housing performance.
Dee Housing would work closely with the Council to help ensure empty homes are allocated in a way that promotes choice, considers peoples’ needs and encourages the development of sustainable and balanced communities.
Priority would be given to people in housing need in accordance with Dee Housings’ policy. There would also be an agreement to allow the Council to nominate people in housing need to Dee Housing when Dee Housing has former Council properties available for letting. Dee Housing would try to match the properties available to the circumstances of people needing housing. It would continue to make appropriate lettings in sheltered housing schemes.
Like all Registered Social Landlords operating in Flintshire, Dee Housing would assist the Council in fulfilling its legal duty to house homeless people. Dee Housing would aim to ensure that properties are let quickly and efficiently, and that the time lettable properties remain empty is kept to a minimum.
As with the Council, Dee Housing would to operate a tenants’ transfer policy. This would enable tenants who need to move to bigger or smaller properties or to another type or location of property to be considered for a move. Within its transfer policy Dee Housing would include measures to respond to the possible rehousing needs of victims of harassment and domestic violence.
As with the Council, tenants would have access to mutual exchange (home swaps), both in relation to Dee Housings’ homes and other Registered Social Landlords' homes. Dee Housing plans to participate in national mobility and home exchange schemes (or similar schemes) as appropriate.
Dee Housing would also plan to work in partnership with the Council to develop a common housing register. Under this scheme, there would be one waiting list for all social properties and landlords in the County. Dee Housing would be able to provide applicants with up-to-date information on the demand for different types of property, indications of likely waiting times, details of rent and services and details of properties. This would give applicants the opportunity to make a much more informed choice when applying for properties.
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Part D: Improving and repairing your home
Summary
In the next five years, depending on the outcome of the ballot, the Council or Dee Housing would plan to carry out the following improvements:
Type of improvement Staying with the Council Transferring to Dee Approximate number of homes Housing that would benefit from Approximate number of improvements over five years homes that would benefit from 2013 to 2018 from improvements over five years from 2013 to 2018 New kitchens 4,880 4,880 New bathrooms with 1,300 6,050 showers New double-glazing Essential work only 1,000 New boilers and/or 3,550 3,550 heating systems Smoke detectors 4,667 4,667 Rewires with additional Essential work only 6,100 sockets New front and back doors Essential work only 3,000 External wall repairs Essential work only 2,000 New roofs Essential work only 2,000 External works Essential work only 5,000 Structural improvements Essential work only to non-traditional homes £10.5 million Environmental works Essential work only £7.4 million Disabled adaptations £5 million £5 million Total over 5 years £49 million £166 million
Welsh Government policy on improving social housing
In 2002, the Welsh Government introduced the Welsh Housing Quality Standard (WHQS). This sets the minimum standard for the quality of homes provided by councils and registered social landlords in Wales. The Welsh Government expects all homes to be brought up to this standard and then maintained at that level.
The Council cannot meet the Welsh Housing Quality Standard for all its homes for 26 years.
If a transfer of homes takes place, Dee Housing will have additional resources which will enable it to improve all homes to the WHQS within five years of the date of transfer.
What is the Welsh Housing Quality Standard? The WHQS says that all homes must be: In a good state of repair Safe and secure
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Adequately heated, fuel efficient and well insulated Fitted with up-to-date kitchens and bathrooms Located in attractive and safe environments Well managed As far as possible suit the specific requirements of the household e.g. where adaptations are needed because of a disability.
How do we know what work is needed?
The Council is well aware that many of its homes need modernising and improving. It has had an independent stock condition survey carried out by an independent firm of surveyors which shows the amount of work needed and how much it is likely to cost.
What did the independent stock condition survey show?
Projections based on the results of the independent stock condition survey show that a total of around £467 million needs to be spent on your homes over the next 30 years to reach the WHQS and maintain this standard. The survey shows that over £166 million needs to be spent over the first five years to meet the WHQS and to fund other improvements.
The survey found that whilst the Council has maximised investment in the homes, they have been unable to provide all the resources needed to bring homes up to the Welsh Housing Quality Standard. Substantial improvements and investment are required:
A significant programme is required to replace older central heating systems in the next five years Kitchens and bathrooms are basic and need modernising Over half the homes need rewiring in the next five years A significant programme of re-roofing is required A significant programme re-rendering and re-pointing is required Paths, driveways, fencing have not been a priority for the Council and a programme of replacement is required. Non-traditionally built homes such as the Flint high-rise blocks require substantial investment including overcladding. Environmental works to meet WHQS would include improved security measures, improved parking; improved lighting and landscaping.
What have tenants said they want?
The Council knows from consultation with tenants by DOME Consultants in theme group meetings, tenants’ conferences and surveys such as the ‘Tenant Satisfaction Survey’ carried out by the independent consultants that a range of repairs and improvements are needed to bring homes up to modern standards.
The tenants’ priorities for the improvement programme were developed following the Independent Tenant Satisfaction Survey in 2010 and are:
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KEY PRIORITIES FOR IMPROVEMENTS INSIDE HOME
55% Heating system 44% 45% Smoke/CO2 detectors 40% 30% Kitchen 37% 40% Home security 32% 25% Windows 32% 24% Bathroom 26% 15% Front/back door 20% 14% Sheltered Wiring 19% 9% Loft/wall insultaion 8% General needs 4% Internal doors 8% 6% Extractor fans 7% 8% Entry system 6%
KEY PRIORITIES FOR IMPROVEMENTS OUTSIDE HOME
36% External drains 55% 47% Storm canopies/ porches 37% 39% Guttering 32% 17% Roofing 29% 32% Communal area decoration 28% 17% Paths, drives and steps 24% 13% Car parking 21% Sheltered 21% Pointing and/or rendering 17% 9% External decoration 13% General needs 16% Environmental/ landscaping 9% 4% Security measures 4% 9% Fencing/ boundaries/ gates 4%
Source: Flintshire County Council 2010 Customer Satisfaction Survey. Postal survey, 967 respondents (48%) from sample of 2,000 tenants.
How much money would the Council be able to invest in improving your homes over the next five years?
The Council estimates that as things stand it would have around £49 million available to spend on modernisation and improvements over the next five years.
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How would the Council prioritise its spending over the next five years?
Because the Council has more limited money available and cannot do all the work required, it has decided to spend its capital programme on the following improvements over the next five years if tenants decide to stay with the Council:
Renewing 4,880 kitchens where required Upgrading and renewing 3,550 central heating systems where required Renewing 1,300 bathrooms where required Upgrading 4,667 smoke detectors where required £1m per year on disabled adaptations.
The Council would also have a total of £2.5 million over the five year period for urgent replacements including essential health and safety items. If tenants decide to stay with the Council, the Council would draw up plans to spend this money on improvements in close consultation with tenants.
How much money would Dee Housing be able to invest in improving your homes over the next five years?
Dee Housing could afford to, and would plan to spend all the £166 million required to meet the WHQS over the next five years.
How would Dee Housing prioritise the programme of improvements?
Dee Housing is planning to spend £166 million to meet the WHQS in full for all homes within five years of transfer. This would mean that Dee Housing would complete the following work within five years of transfer:
Type of improvement Number of homes benefiting within five years of transfer New kitchens 4,880 New bathrooms 6,050 New double-glazing 1,000 New boilers and/or heating systems 3,550 Rewires with additional sockets 6,100 Smoke detectors 4,667 New front and back doors 3,000 External wall repairs 2,000 New roofs 2,000 External works 5,000 Structural improvements to non- £10.5 million traditional homes Environmental improvements £7.4 million to be invested Disabled adaptations £5 million to be invested
This would require careful preparation and Dee Housing would draw up its plans in close partnership with its tenants. A Repairs and Improvements Forum, including tenants will be set up to take this work forward and Dee Housing would continue to run this forum if transfer goes ahead.
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Tenants could expect the improvement programme to start very soon after any transfer takes place. The scale of the work required to around 7,400 homes across Flintshire means that it would not be possible for Dee Housing to bring all properties up to standard immediately after transfer takes place. However, it would be planning to do so within five years of transfer, and Dee Housing’s 30 year Business Plan includes the money needed to keep your homes up to the improved standard.
Non-traditional homes
The Council has around 591 non-traditional homes, mainly the high-rise flats and maisonettes in Flint, but also a few in other areas:
Property Type Number of Properties Airey houses 35 Easiform houses 73 Various timber houses 5 System-built maisonettes 12 blocks, 214 properties High-rise blocks 3 blocks, 264 properties
What are the Council’s plans for the Flint maisonettes?
There has long been a local ambition to regenerate the centre of the town of Flint. Following comprehensive consultation with tenants in the Flint maisonettes, the Council has with the support of the majority of tenants, decided that the Flint maisonettes are not suitable or sustainable for modern-day living and that these properties will be demolished to make way for a regeneration scheme including a mixed development of new housing for those who want to rent or buy. There would also be enhanced public services and additional retail units provided.
If you vote to stay with the council then the Council will continue with its proposals to regenerate Flint. The Council intends to take a decision to re-house people in the maisonettes so that the redevelopment can take place. It is anticipated that this will take place early in 2012. At that point tenants would receive priority for re-housing in either council stock or housing association properties. (This would be a choice for individual tenants). In addition tenants would qualify for home loss payments and disturbance payments so the costs of moving would be covered. The final regeneration proposals would be developed in consultation with tenants, other residents, local businesses and local service providers and the Council will need to have agreed funding in place before they can come to fruition.
The Council would have nomination rights for any new homes developed so ensuring that local housing need is met. Those tenants who want to live in the new homes provided in Flint may need to move twice during the redevelopment, once to vacate their maisonette and then again when the new homes were built. There are expected to be fewer homes in the new development than there are at present so not all tenants will be able to move back and a home loss payment will only be made once.
This will be a long term regeneration plan perhaps taking 5 or more years to achieve and funded by private developers, Housing Associations and the Council.
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Dee’s Housing’s approach to Flint maisonettes
If tenants vote for their homes to transfer to Dee Housing, then Dee Housing will work with the Council to support delivery of the regeneration proposals for Flint town centre.
Dee Housing would work closely with the council to rehouse tenants from the maisonettes in a sensitive, phased and planned way. Tenants would receive the same home loss and disturbance payments as they would if they vote to stay with the council. The Council would have the same nomination rights for any new homes developed so ensuring that local housing need is met. Just like the Councils commitment Dee Housing would work to accommodate those tenants who want to live in the new homes provided in Flint, but to achieve this people may need to move twice during the redevelopment, once to vacate their maisonette and then again when the new homes are built. There are expected to be less homes in the new development than there are at present so not all tenants will be able to move back and a home loss payment will only be made once.
Dee Housing would plan to build approximately 100 – 150 new affordable homes across the County within ten years of transfer and would have resources in its business plan to support the provision of new and improved affordable housing. In consequence, it is intended that Dee Housing would be an important partner, along with other housing associations and private sector partners, in the regeneration of Flint town centre and the maisonettes. Should tenants vote for their homes to be transferred to Dee Housing, there would be negotiation between the Council and Dee Housing prior to the stock transfer actually proceeding, to agree the role that Dee Housing would take in the regeneration plan for Flint and to make sure that the resources were available to meet this commitment.
Flint High-rise blocks and other non-traditional homes
The regeneration proposals for Flint town-centre do not include the three high-rise blocks and these homes will remain regardless of the outcome of the ballot.
These three blocks require a range of external repairs as well as internal improvements to bring all three blocks and all the flats up the Welsh Housing Quality Standard. External repairs include:
Comprehensive concrete repair programme Renewal of the mastic in the panel joints and roof finishes New insulated roof systems Application of an over-cladding system to improve thermal performance and provide weather proofing.
The cost of this external work for all three high-rise blocks is around £4 million. In addition, improvements are required to individual flats to bring them up to standard.
Of the remaining non-traditional homes, 76 require structural improvements to bring them up to standard and provide them with a thirty-year life. In addition, all these homes require a range of internal improvements to bring them up to the Welsh Housing Quality Standard.
What are the Council’s plans for the Flint high-rise blocks and other non-traditional homes?
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If tenants vote to stay with the council, the Council has decided to spend its capital programme on renewing kitchens, central heating systems and smoke detectors where required as well planning to renew 1,300 bathrooms where required. Homes in the high- rise blocks and other non-traditional homes would have these elements improved by the Council, where required.
The Council has not planned to invest any money in other elements or on the external works required on the three high-rise blocks, but would also have a total of £2.5 million over the five year period for all homes in the County for urgent replacements to its homes, including essential health and safety items. If tenants decide to stay with the Council, the Council would draw up plans to spend this money on improvements.
What are Dee Housing’s plans for the Flint high-rise blocks and other non- traditional homes?
If tenants vote for transfer, Dee Housing would improve all these non-traditional homes in the high-rise blocks and elsewhere to the Welsh Housing Quality Standard within five years of transfer. Where required, homes would receive new kitchens, bathrooms, roofs, double-glazing, heating systems, rewires, smoke detectors, new doors and external wall repairs.
The business plan for Dee Housing also includes the £4 million required to improve the external structures of the three high-rise blocks including concrete repairs, new roofs and external cladding to significantly improve energy efficiency.
In addition Dee Housing would improve the structures of all other unimproved non- traditional homes including installation of new cavity construction masonry (Airey houses), concrete repairs and new insulation and render systems (Easiform houses), together with comprehensive improvements to the remaining unimproved timer houses.
Dee Housing also has significant resources for environmental improvements and these would be designed and agreed with residents following consultation.
Would I pay extra for these improvement works?
No. Regardless of the outcome of the ballot, there would be no extra charge from the Council or Dee Housing for any of these programmed improvements.
Would I get a say in how the improvements are done?
Yes. Before improvements are carried out to your home, Council or Dee Housing staff would visit you and discuss the work and layout of the kitchen and bathroom if a new kitchen or bathroom is being fitted.
If you have particular needs because you or a family member have a disability, the Council or Dee Housing would take account of that when identifying and designing the work needed to your home, and in the arrangements they make to carry out the work. When working in an area, the Council or Dee Housing would discuss with tenants and residents ways of making sure that any inconvenience caused by tradesmen and contractors is minimised.
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Dee Housing staff would participate in the Tenants Repairs and Improvements Forum with tenants and residents ensuring tenants can exercise a degree of choice when improvements are carried out such as choice of tiles and colour schemes. More information about the Forum can be found in Part J regarding resident involvement with the new landlord on page [xx].
What if my home has already been improved?
Improvements would only be done by the Council or Dee Housing where they are needed. For example, if the Council recently fitted a new kitchen you would not get another new kitchen immediately, but you may still need a new bathroom or rewiring.
Who would carry out the improvements?
Local jobs for local people
Whether tenants decide to stay with the Council or transfer to Dee Housing, both organisations plan to create local employment. Dee Housing will be able to access significantly more resources than the Council is able to achieve the WHQS, to carry out the largest single investment programme of housing repairs and improvements ever seen in Flintshire. This means it will be in a position to create more job opportunities than the Council.
The Council or Dee Housing would be the direct employer of a large number of staff. Both would where possible and appropriate buy materials locally, work with local partners, and encourage contractors to employ local staff.
The Council or Dee Housing would need skilled and trained employees and both would be committed to creating trade-based apprenticeships and student training and placement schemes where these are needed. The Council or Dee Housing would also work with partners to encourage local training opportunities within Flintshire. (See also Part I on Community and economic regeneration).
Would I still be able to carry out my own improvements?
Yes. Regardless of the outcome of the ballot, tenants would still be able to make improvements to their homes, provided that prior permission was obtained from the Council or Dee Housing along with any planning or other consents needed. If tenants carry out improvements to homes within the terms of their tenancy agreement, this would not affect the level of rent paid. In addition, tenants may be entitled to claim compensation for certain improvements they had carried out should they vacate their home.
What adaptations would the Council offer to people with disabilities?
The Council has always given the adaptation of homes for tenants with disabilities a high priority. If tenants decide to stay with the Council this will continue and the Council will invest £1m per year in adaptations for the disabled. Where possible and practical, necessary adaptations would be carried out at the same time as the main improvement works needed to the property so that tenants could benefit from improvements that meet their needs with as little disruption as possible.
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What adaptations would Dee Housing offer to people with disabilities?
Like the Council, Dee Housing believes that works should be done to support disabled people to live independently in their own homes. It would work closely with the Council and other relevant agencies so that any adaptations needed to allow tenants to enjoy the full use of their homes are carried out promptly.
Dee Housing’s financial plans include setting aside a budget of £1 million each year, to pay for adaptations to tenants’ homes where needed for disability or health reasons. Where possible and practical, necessary adaptations would be carried out at the same time as the main improvement works needed to the property so that tenants could benefit from improvements that meet their needs with as little disruption as possible.
If homes stay with the Council, how quickly would day-to-day repairs be done?
The Council is currently reviewing its repair timescales, particularly for routine repairs, but currently there are four main categories of repair:
Emergency repairs – these will be attended to on the day it is reported
Urgent repairs – these will be usually attended to within 7 calendar days
Routine repairs – these are cases where there is no risk to people or further damage to the property and are usually attended to within 28 days.
Planned repairs – these repairs are managed on a planned basis and are attended to within 6 – 12 months.
The Council’s would continue to report the performance of the repairs service to the Housing Overview and Scrutiny Committee every quarter and the Welsh Government on an annual basis.
Council tenants would continue to be able to report a repair in person, via the telephone or the internet. The Council also has a 24 hour emergency service which tenants are able to use.
If homes stay with the Council, who would carry out the day-to-day repairs?
If homes stay with the Council, in most instances, the day-to-day repairs to your home would be undertaken by an operative employed the Council’s Repairs Service, depending on the work required.
If tenants vote to transfer to Dee Housing, how quickly would day-to-day repairs be done?
If tenants vote for transfer, Dee Housing would commit to doing day-to-day repairs within the same timescales as the Council’s current policy:
Emergency repairs – these will be attended to on the day it is reported
Urgent repairs – these will be usually attended to within 7 calendar days
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Routine repairs – these are cases where there is no risk to people or further damage to the property and are usually attended to within 28 days.
Planned repairs – these repairs are managed on a planned basis and are attended to within 6 – 12 months.
If tenants vote to transfer to Dee Housing, who would carry out the day-to-day repairs? The same operatives who do the repairs in your homes currently would continue to carry out the repairs after transfer. So you would see the same employees as you do now as a Council tenant.
If the transfer goes ahead, most of the staff working for the Council in the housing service would transfer to Dee Housing with their conditions of employment at the time of transfer protected under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations.
Repairs, maintenance and housing staff would transfer from the Council to Dee Housing. This would include staff that are primarily office based as well as staff who currently work for the Council’s Direct Labour Organisation (i.e. the workforce). Their terms and conditions of employment would be protected by legislation. This would ensure continuity of service for tenants and means Dee Housing would have a skilled and experienced workforce to rely on.
What are the Councils and Dee Housing’s plans for the repairs service?
The day-to-day repairs service has long been a high priority for Flintshire tenants. Regardless of the outcome of the housing transfer ballot, both the Council and Dee Housing want to see the service improved for all tenants.
During 2011, the Council has started to implement a range of service improvements aimed at ensuring the day-to-day repairs service improves significantly. These improvements have been considered by Dee Housing and the Shadow Board has endorsed them and committed to continuing to implement them, should tenants vote for transfer. After the ballot and depending on the outcome, the Council or Dee Housing will continue to implement service improvements in order to improve quality of work, response times and tailor services around the tenant.
Mobile working – from Spring 2012 repairs staff will be able to receive and complete work orders while out and about using mobile digital devices. This will mean that repairs staff can work more quickly and efficiently.
Repairs appointment and receipts – In 2011 tenants will be able to book an appointment when they report a repair. This means that you will know when the repairs operative is coming to your home to carry out the work. Tenants will also receive written receipts for their repair requests.
Extended service hours - In 2011/12 on a trial basis the council if offering extended repairs service hours, from the current 8.00am to 4.15pm Monday to Thursday and 8am to 3.30pm Friday to 8.00am to 6.00pm Monday to Friday, Thursday evenings and Saturday
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The Council or Dee Housing would be committed to ensuring that the in-house workforce maintains a central role in providing the day-to-day repairs service and planned maintenance service and both would be committed to, and plan to introduce:
a new Housing Maintenance Handyperson’s scheme to undertake small jobs
Introduce more ways for you to report repairs directly, for example, through the internet and by e-mail
Will there be planned maintenance programmes?
Yes. The Council or Dee Housing would have programmes of planned maintenance works that would be carried out to help ensure your home is well maintained through a commitment to:
Service all gas appliances each year through an appointments system.
Decorate internal communal areas in sheltered schemes and blocks of flats.
Maintain communal lifts, fire and smoke alarms, fire safety equipment and emergency lighting and carrying out fire safety inspections to communal buildings.
Maintain appropriate ‘open spaces’ on estates and ensure that trees and shrubs are trimmed as necessary.
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PART E: Services for older people and sheltered housing services
Summary
Staying with the Council Transferring to Dee Housing Sheltered housing would continue to be Sheltered housing would transfer to Dee Housing owned by the Council Subject to the availability of Supporting Subject to the availability of Supporting People People grant, the wardens’ service would grant, the wardens’ service would continue to be continue to be provided by Flintshire County provided by Flintshire County Council and they Council and the Council would continue to would continue to provide the same services after provide the same services as they do now transfer as they do now The charges for your warden and other The charges for your warden and other services services would continue to be paid for by are currently paid for by Supporting People Grant Supporting People Grant and the Council. and the Council. The Council has agreed to continue to fund this service if your homes transfer to Dee Housing. You would continue to be entitled to help You would continue to be entitled to help through through Housing Benefit in exactly the same Housing Benefit after the transfer in exactly the way as you are now same way as you are with the Council. The Council would continue to provide a 24 The Council would continue to provide a 24 hour hour community alarm service for all community alarm service after transfer for all sheltered housing tenants. sheltered housing tenants, just as it does now. The Council cannot afford to improve all All sheltered housing schemes would transfer to homes to the Welsh Housing Quality Dee Housing and would be brought up to the Standard for 26 years. The Council has Welsh Housing Quality Standard (WHQS) within 5 prioritised its investment over the next five years of transfer. years on fitting new kitchens, bathrooms, smoke detectors and central heating systems, where they are needed. The Council would continue to provide Dee Housing would provide amenities such as amenities such as laundries and communal laundries and communal lounges, including lounges, including cleaning of communal cleaning of communal areas and windows and areas and windows and grounds grounds maintenance. maintenance. The Council cannot guarantee that there Dee Housing would improve grounds would be additional resources to improve maintenance at sheltered schemes by collecting the grounds maintenance service or and removing grass cuttings and would provide an enhance the current free gardening service additional £50,000 a year to enhance the current for elderly, disabled and vulnerable tenants. gardening service for elderly, disabled and The Council would consult tenants and vulnerable tenants. could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge. The Council would continue to provide Dee Housing would provide disabled aids and disabled aids and adaptations. adaptations. The Council would continue to provide Dee Housing would provide concessionary TV concessionary TV licences for as long as licences for as long as regulations permit. regulations permit.
What would stay the same regardless of the ballot outcome?
Your Council has always viewed sheltered housing as an important service for older and vulnerable people. Dee Housing shares this view and recognises the importance of allowing tenants to maintain independence in their homes.
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Regardless of the outcome of the ballot and subject to the availability of Supporting People Grant, the wardens’ service would continue to be provided by Flintshire County Council and they would continue to provide the same services after any transfer as they do now. This means that sheltered housing tenants would have the same wardens’ service provided by the same people just as now. The Council would also continue to provide 24 hour community alarm service for all sheltered housing tenants
What plans are there to improve the warden support service for both sheltered and other tenants?
Both the Council and Dee Housing want to see improvements in the wardens’ service. The Council has committed following extensive consultation with tenants to modernise and improve the warden support service. Regardless of the outcome of the ballot the Council will improve the warden support service to achieve the following:
Develop community based teams of staff in 2012 so that there is less reliance on relief staff and tenants know all the team who will support them Provide the warden support service to council tenants who need it but don’t live in sheltered housing starting in 2011/12 Provide the warden support service to any resident in the County who needs it from 2013/14. A comprehensive training and development programme for staff.
This means whether you vote to transfer to Dee Housing or stay with the Council, you will continue to benefit from an improving warden support service.
What about rents and service charges?
Whether your homes stay with the Council or transfers to Dee Housing, there would be no extra charge for any of the improvements done to your home over and above the usual annual rent increases.
If you moved to larger accommodation, for example as a result of remodelling of bed-sit accommodation following consultation with tenants, you might have to pay a higher rent, which could still be covered by Housing Benefit if you qualify for it.
If you live in sheltered housing and receive additional housing support from wardens, there is currently no charge for this service. The charges for your warden and other services are currently paid for by Supporting People Grant and the Council. Subject to the availability of Supporting People grant the Council has agreed to continue to fund this service whether or not your home transfers to Dee Housing.
If tenants stay with the Council, what other improvements would the Council introduce for older people and sheltered housing tenants?
The Council would set aside an annual budget of around £100k to carry out improvements in sheltered schemes.
These could include:
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Providing facilities and stores to accommodate and charge mobility scooters where possible Improving security measures including high quality secure front and rear doors, internal and external lighting and adequate fencing and boundaries Provision of additional lifts or stair lifts where appropriate The provision, where possible, of a rehabilitation flat in all blocks to allow quicker discharge from hospital.
If tenants decide to stay with the Council, the Council would:
Continue to work with Age Concern do develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including council tenants Continue its successful partnership with Deeside College to offer a free decorating service for Council tenants and would plan to extend the service by involving the social enterprise mentioned above. During 2012/13 and 2013/14, provide computer and internet access free of charge at sheltered schemes.
The Council cannot guarantee that there would be additional resources to improve the grounds maintenance service and would also continue with the existing grounds maintenance service specification, including a gardening service for elderly, disabled and vulnerable tenants. The Council would consult tenants and could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge.
If tenants vote to transfer to Dee Housing, what other improvements would Dee Housing introduce for older people and sheltered housing tenants?
As well as the major investment plans outlined elsewhere in this document and the service improvements outlined in Chapter C, ‘Delivering better local services,’ Dee Housing would pay particular attention to the needs of homes and communal areas in sheltered housing schemes. Dee Housing would set aside a budget of £[xx] million to carry out improvements in sheltered schemes.
A range of improvement works would be offered to sheltered housing tenants, depending on the needs and priorities of their individual schemes. These could include:
Providing facilities and stores to accommodate and charge mobility scooters where possible Improving security measures including high quality secure front and rear doors, internal and external lighting and adequate fencing and boundaries In consultation with tenants, improving on the grounds maintenance service by collecting and removing grass cuttings at all sheltered housing schemes Increase the funding for the gardening service for elderly, disabled and vulnerable tenants an additional £50,000 per year, allowing more tenants to benefit from the service. Continue the partnership with Age Concern to develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including tenants.
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Continue the partnership with Deeside College to offer a free decorating service for Council tenants and would plan to extend the service by involving the social enterprise mentioned above. Within twelve months of transfer, provide computer and internet access free of charge at sheltered schemes.
The improvement programme for sheltered schemes would provide high standards of physical environment within and outside sheltered housing and include consideration, following consultation with tenants, of:
Automatic doors for all communal areas in order to allow easier access for frail and disabled tenants Provision of additional CCTV to the entrance of all blocks so that tenants could see who was there before allowing entry. The provision, where possible, of a rehabilitation flat in all blocks to allow quicker discharge from hospital Provision of additional lifts or stair lifts where appropriate.
How could we be involved and consulted by the Council or Dee Housing?
Regardless of the outcome of the ballot, tenants would have the opportunity to be involved in design, development, delivery and monitoring of services where possible at each scheme and also through a central Sheltered Tenants’ Forum.
The Council or Dee Housing would continue to support a Sheltered Tenants and Older Persons Forum so that tenants could influence the management and development of the service. The Sheltered Tenants and Older Persons Forum would monitor complaints specific to sheltered accommodation.
The Council or Dee Housing would plan to introduce a sheltered tenants handbook in consultation with the Sheltered Tenants’ Forum setting out in full the rights and responsibilities, and services and amenities available in sheltered housing.
How would the Council or Dee Housing work with other organisations?
Either the Council or Dee Housing would work in collaboration with other service providers to ensure the best possible package for sheltered tenants. This could include things like assistive technology services to allow you to return home from hospital earlier and /or medical management services.
The Council or Dee Housing would also be committed to developing communities in and around its sheltered housing and would encourage all older people living within a community to join in with social activities and receive services locally at sheltered housing complexes.
The Council or Dee Housing would work with other partners to try to provide newly developed extra care sheltered housing schemes.
Would the Council or Dee Housing continue to carry out adaptations to homes to help disabled people?
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Yes. Both the Council and Dee Housing recognise the importance of the need to carry out adaptations to the homes of disabled people. Regardless of the outcome of the ballot, adaptations will continue to be carried out where they are needed. See part D for further detail.
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PART F: Involving you in the running of Housing Services
Summary
This Section explains opportunities for getting involved if your home stays with the Council or transfers to Dee Housing.
Staying with the Council Transferring to Dee Housing
The Council would continue to develop new Dee Housing would develop new ways for you to ways for you to have a say so that it could have a say so that it could be sure that its be sure that its services are responding to services are responding to tenants' and tenants' and leaseholders' needs leaseholders' needs
The Council would increase the level of Dee Housing would expand the current Tenant resources allocated to tenant participation Participation Team from one officer to eight and would expand the current Tenant officers. Participation Team from one officer to three officers by April 2012.
Tenants would have an opportunity to help Tenants would have an opportunity to help shape shape and influence the Council’s future and influence Dee Housing’s future plans for plans for homes and services homes and services There would be a range of ways in which There would be a range of ways in which tenants tenants would be able to participate and can would be able to participate in Dee Housing and chose the way and level that suits them. can chose the way and level that suits them.
The Council would be committed to Dee Housing would be committed to consulting consulting tenants and leaseholders on all tenants and leaseholders on all major decisions major decisions that would significantly that would significantly affect the housing affect the housing management service management service provided to tenants and provided to tenants and leaseholders leaseholders
County Councillors would continue to act on County Councillors would continue to act on your your behalf if you have problems with your behalf if you have problems with your housing, housing, just as they do now. though the Council will not own or manage your home.
The Housing Overview and Scrutiny Dee Housing Board is the governing body of the Committee made up of elected councillors organisation and will consist of 5 elected tenants, would continue to enable citizens to have a 5 council nominees and 5 independent greater say in Council housing matters by individuals. Tenants make up one-third of the investigating or inquiring into matters of board and are directly elected by other tenants. local concern or interest, usually in public. The Executive (Cabinet) would also continue its role as an advocate for the housing service. The Resident Involvement Group, which If you join Dee Housing as a member you would comprises 4 County Councillors and 4 be able to play a central role in monitoring Dee tenants, would continue to monitor, evaluate Housing’s performance through general meetings and amend the resident involvement and through Service Performance Boards and a strategy and action plan. Review Committee which would monitor the work of the Board of Dee Housing and performance of the organisation. The Tenants Repairs and Improvements The Tenants Repairs and Improvements Forum Forum would play a key role in ensuring would play a key role in ensuring high standards high standards in repairs and improvement in repairs and improvement works. works.
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What communications and engagement would the Council or Dee Housing provide for individual tenants?
Regardless of the outcome of the ballot, the Council or Dee Housing would plan to improve and build upon the current communication methods used, and would be committed to ensuring that tenants and leaseholders are kept informed on a regular basis using the following methods:-
A regular newsletter to tenants with specific sections for local communities and where possible collated and edited by tenants Information on housing performance An annual conference /fun day. Mobile consultation trailer to visit the more remote areas Display and information stands in buildings open to the public Joint training programmes for staff, tenants and leaseholders Consult with tenants on an individual basis, when any improvements are due to take place on their homes
In addition, the Council or Dee Housing would:
Undertake an annual survey of tenants to find out their views about the service provided and priorities for improvement
Provide opportunities for tenants to have a say via the internet such as Discussion Forums.
Aim to offer all tenants a visit once a year to hear their views on the services provided, to pick up any concerns they may have and to give advice on any issue relating to their tenancy. This would be an opportunity to check that all tenants are receiving the benefits they are entitled to and whether they need any adaptations to their homes. It would also be an opportunity to discuss any problems with rent arrears or other breaches of tenancy conditions if these are relevant.
Ensure that there was fully trained staff that would carry out detailed consultation with tenants individually about improvements to their home. Staff would also work with local groups to help them to decide local priorities for spending on estate and environmental improvements.
Have a named person to act as the link between tenants and their landlord or contractors to help sort out any on site concerns whilst works are in progress.
How would the Council continue to involve you in the running of the housing service?
Tenants and leaseholders will always be the driving force of council housing in Flintshire. It is only with the involvement of tenants that true and meaningful improvements can be made to the services the Council can provide. The Council would offer you different ways of becoming involved. You could pick and mix how you participate and choose to get involved as much or as little as you wish.
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Housing belongs to the directorate that includes adult social care service and children’s social services. Currently, directorate involvement and public information strategies are being developed by the Resident Involvement Manager to ensure equality of service to service users, tenants and clients to ensure all are given the same opportunities to be involved in design, delivery and monitoring of services.
Flintshire County Council involves tenants in the housing service in a range of ways:
Ways of Involvement What they can do
Housing Overview and Scrutiny Committee The Housing Overview and Scrutiny Committee allows citizens to have a greater say in Council matters by investigating or inquiring into matters of local concern usually in public. These lead to reports and recommendations which advise the Executive and the Council as a whole on its policies, budget and service delivery. They can also monitor the decisions of the Executive and can ‘call in’ a decision. They may also be consulted by the Executive or the Council on forthcoming decisions and the development of policy.
County Councillors would continue to act on your Contacting your County Councillor behalf if you have problems with your housing, just as they do now.
Resident involvement strategy The main objectives of the strategy are to build on the strengths of the current approach to resident involvement, through the delivery of projects or implementation of policies and working practices identified in the annual action plan. This comprises 4 County Councillors from housing Resident Involvement Group scrutiny and 4 tenants from Flintshire Federation of Tenant and Resident Associations. This group monitor, evaluate and amend the strategy and action plan. Bi-annual tenant conference Tenant conferences discuss priorities to inform service and capital investment planning. Tenants and Leaseholders Federation This would be the place where tenants and others (Nominated representatives of tenants, would represent and advocate for their area, the leaseholder, sheltered and other community wider tenant body, and local Tenant and Resident groups together with individuals who wish to Associations / community and Estate Forums. represent themselves) Sheltered and Older Tenants Group An opportunity for sheltered and older housing tenants to regularly meet and discuss issues that (Open to all sheltered tenants of the Council) are of particular concern to them. Support for new and existing tenant & resident Tenant Participation Officers would continue to groups on a local level encourage and support the establishment and development of residents groups across the county.
Production of quarterly housing news A quarterly newsletter, keeping tenants up-to-date with housing issues, policy and performance Communication focus group A focus group of tenants to review and improve council housing communications including letters, forms and publications. Obtaining tenant feedback to inform housing The use of customer satisfaction surveys for service planning individual services. Support for staff to implement local activities Support and guidance from the resident involvement to maximise tenant involvement. team to assist housing staff to engage tenants
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through activities such as roadshows, housing and repair surgeries or fun days. Tenant training The Council organises an annual training programme to help equip tenants to become involved in the running of the Council’s housing service. The Council has established and maintains a Tenants ‘Pool of interest’ database of interested tenants who may want to be involved in focus groups, service improvement groups, or attending conferences and events. The Council would establish a programme of tenant Tenant Auditors and mystery shoppers auditors to enable trained tenants to consider the quality and effectiveness of housing services and make recommendations for improvement. Tenant and resident Fun days The council runs annual fun days geared at encouraging a broader group of residents – younger and families in particular to engage with the council and give their views and opinions
By developing a range of opportunities in this way the Council would ensure that involvement and consultation would be accessible to all tenants and leaseholders, taking into account those whose individual circumstances make participation difficult (such as those with support needs, hearing or visual impairment).
The Council recognises and welcomes the diversity that exists within the County and is keen to explore new, relevant and innovative methods of involvement to maximise opportunities for all.
If tenants stay with the Council, how will the Council resource tenant participation?
Engaging tenants is the responsibility of all housing employees who work with tenants on a daily basis. Employees are supported by the Resident Involvement Manager who is responsible for developing and co-ordinating engagement strategy and activities. In addition, the Council has created a graduate trainee post specialising in resident engagement.
During 2012/13, the Council will also appoint a further tenant participation officer to manage tenant involvement relating to the Council’s planned kitchen renewal programme.
How could tenants and residents get involved in Dee Housing?
Tenants and leaseholders will always be the driving force of Dee Housing. It is only with the involvement of tenants that true and meaningful improvements can be made to the services it would provide. Dee Housing would offer you different ways of becoming involved. You could pick and mix how you participate and choose to get involved as much or as little as you wish.
Dee Housing will adopt the rules based on a Community Housing Mutual model which means that if transfer goes ahead tenants could choose to take up membership and become ‘owners’ of the organisation, collectively holding it for the public benefit. Therefore, members including tenants and leaseholders would be able to make decisions that will help to shape Dee Housing and set its future direction. Other tenants would still be consulted and could be involved in other ways.
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Dee Housing would aim to set up a range of opportunities for involvement available to both groups and individual tenants. The table below illustrates a variety of ways in which you may be able to become involved in a formal way if transfer goes ahead: See later paragraphs for ways in which you could be involved in other ways.
Ways of Involvement What they can do Shareholding members of Dee Housing Members would have the right to vote at the annual and other general meetings. The (All tenants of Dee Housing would be eligible members would play a vital role in holding Dee to apply for full membership Subject to board Housing to account. Members would be approval encouraged and supported to develop their own ideas for how tenants should be involved in the decision making process of the organisation. Dee Housing Board This is the governing body of the organisation (5 tenants, 5 Council nominees and 5 and will consist of 5 elected tenants, 5 council independent members) nominees and 5 independent individuals. Service Performance Boards Boards comprising of shareholding members and local Elected Members who work together on local housing management delivery and performance issues. Review Committee The Review Committee would help to ensure that the members of Dee Housing play a central role in how Dee Housing develops and (A group of shareholding members improves its services to tenants. The Review ,nominated by shareholding members) Committee could for example:
Receive and comment on all non confidential board papers prior to Board meetings Receive an explanation for any board decisions Question senior staff Monitor Dee Housing performance Be involved in the appointment process of senior staff Scrutinise Board decisions
Contacting your County Councillor County Councillors would continue to act on your behalf if you have problems with your housing, though the Council will not own or manage your home.
Tenants and Leaseholders Federation This would be the place where tenants and (Nominated representatives of tenants, others would represent and advocate for their leaseholder, sheltered and other community area, the wider tenant body, and local Tenant groups together with individuals who wish to and Resident Associations / community and represent themselves) Estate Forums. Sheltered and older Tenants Group An opportunity for sheltered and older housing (Open to all sheltered tenants of Dee tenants to regularly meet and discuss issues Housing) that are of particular concern to them. Leaseholder Group An opportunity for leaseholders to regularly meet and discuss issues that are of particular (Open to all leaseholders of Dee Housing) concern to them. TRAs and Community /Estate Forums Dee Housing would work with individual tenants and residents to set up local TRA’s or estate panels. Dee Housing would provide opportunities for tenants and leaseholders to meet as a community to discuss important issues about their area. These groups would be consulted and involved in developing plans in
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their local areas (such as environmental improvement and community activities). Continuous Improvement Team Initially this groups would be partnership between staff, tenants and board members trained together to take an active part in agreeing specifications for planned improvement works, selecting contractors reviewing the work At a later date joint teams of this nature would be developed to review all service areas. Dee Housing Sounding Board Tenants and leaseholders do not always want to be involved in regular formal meetings but still wish to have a say. Over 600 tenants and leaseholders have registered their interest already and have been involved in shaping this Choices Document. Dee Housing would build on this enthusiasm by developing a Sounding Board which would give tenants and leaseholders the opportunity to have a say. A wide range would be offered such as: Telephone, email and website surveys Theme groups Working parties with Dee Housing staff Training as tenant auditor to review performance from point of view of the customer.
By developing a range of opportunities in this way Dee Housing would ensure that involvement and consultation would be accessible to all tenants and leaseholders, taking into account those whose individual circumstances make participation difficult (such as those with support needs, hearing or visual impairment).
Dee Housing recognises and welcomes the diversity that exists within the County and is keen to explore new, relevant and innovative methods of involvement to maximise opportunities for all.
If tenants vote for transfer, how would Dee Housing resource tenant participation?
If tenants vote for transfer, Dee Housing recognises that there is a lot of work needed in order to encourage larger numbers of tenants and leaseholders to get involved and have a say. Following any transfer, Dee Housing would be required to move towards full implementation of the community housing mutual principles (see Part H for details) which are based on involving tenants in all key parts of the organisation.
Dee Housing would also have to comprehensively involve tenants in the planning and delivery of the planned £166 million investment programme to bring all homes up to the Welsh Housing Quality Standard within five years of transfer.
To ensure that tenants are at the heart of what Dee Housing would do and how it would operate, if tenants vote for transfer, Dee Housing will establishing a larger, specialist tenant participation team of eight officers to work with tenants to achieve the aspirations of the Community Housing Mutual in developing proposals for community ownership and to ensure that tenants would be fully involved in the design and implementation of the
13.10.11 'Non-approved document in draft form - confidential and not for circulation' 41 181 improvements programme to bring all homes up to the Welsh Housing Quality Standard within five years of transfer. This team will report to a Director of Dee Housing.
The financial plans for Dee Housing include enough money to ensure that the commitments to involvement made in this offer document can be delivered. In order to recognise the importance of tenant involvement, the Chief Executive and the management team would receive regular reports on the work of the team. At every annual general meeting the Chief Executive of Dee Housing would have a duty to present a report on community engagement.
Tenant, leaseholder and community involvement would be fundamental to Dee Housing and its employees.
Complaints
The Council has a complaints policy and procedure which tenants can use if they are unhappy about the level or quality of service provided by the Council.
The Council is currently reviewing the process for handling customer complaints in order to provide an improved service. The revised process for handling complaints will be introduced during 2011. If tenants stay with the Council, tenants will benefit from this improved complaints policy and procedure.
Dee Housing would have a similar complaints policy and procedure that would allow tenants and leaseholders to take their complaint to the Board of Dee Housing and to the Public Services Ombudsman for Wales if it is not resolved to their satisfaction by Dee Housing. The Board would also ensure that any lessons from complaints are used to improve services. The Members Review Committee would be given the opportunity to review all complaints and the ways that they are resolved.
Tenants’ Handbook
Regardless of the outcome of the ballot, tenants will receive a new tenants’ handbook in the post-ballot period. If tenants vote to stay with the Council, the Council’s existing handbook will be updated and distributed to tenants.
If tenants vote for transfer, Dee Housing would consult with the appropriate panels on the development of new handbooks and issue them to all tenants, sheltered housing tenants and leaseholders, and ensure they are kept up to date.
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PART G: Your Rights
Summary
This section explains what will happen to your rights if your home stays with the Council or if it transfers to Dee Housing.
Staying with the Council Transferring to Dee Housing
You would continue to have a secure You would have a new assured tenancy tenancy agreement, the conditions of agreement from Dee Housing, the conditions which can be changed by the Council of which (except for increases in rent and following a general consultation with other charges) could only be changed with tenants. your written consent.
You will continue not to have the right to You would have a new right to prevent any prevent the Council changing your change to your tenancy agreement. conditions of tenancy following consultation. You would continue to have security of You would still have security of tenure, just tenure. like you do with the Council.
All your existing rights would continue All your key rights would be protected if your as now if you to stay with the Council. homes transfer to Dee Housing.
If you are entitled to buy your home If you are entitled to buy your home now with now, you would still be entitled to buy the Council you would still be entitled to buy your home if homes stay with the your home with Dee Housing. Council.
Your Right To Buy discount would Your Right To Buy discount would transfer continue to grow up to the maximum with you and continue to grow up to the allowed. maximum allowed.
You would still be able to pass on your You would still be able to pass on your home home (Succession), and transfer or (Succession), and transfer or exchange your exchange your home. home.
You will continue to have one right of You will have an additional right of succession succession if your home stays with the with Dee Housing. Council. The council will continue to consider applications for a further succession Your entitlement to claim Housing and Your entitlement to claim Housing and Council Tax Benefit would continue as Council Tax Benefit would not be affected by now. the transfer.
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How does a Secure Tenancy Agreement compare with an Assured Tenancy Agreement?
Most Council tenants are secure tenants. If tenants vote for transfer, you would become an assured tenant of Dee Housing.
If you have, within the last year, been given a tenancy for the first time, you are an introductory tenant. People who are introductory tenants on the date that any transfer takes place would also become assured tenants of Dee Housing.
The main difference is that as a secure or introductory Council tenant the rights you now enjoy are set down in law by Acts of Parliament. As an assured tenant of Dee Housing, your rights would be covered partly by Acts of Parliament and partly by a legally binding contract (your tenancy agreement) between you and Dee Housing.
You would still enjoy security of tenure and have protection of your key rights, as you currently do as a secure tenant of the Council. As with your current tenancy, Dee Housing could only end your tenancy by obtaining a court order.
Because the basic rights of an assured tenant can be less than for a council secure tenant, Dee Housing has agreed to extend your rights as an assured tenant to match as closely as possible your existing Council tenancy rights. This extension is in the tenancy agreement which is a contract between you and Dee Housing (see the proposed tenancy agreement in Part L) and not imposed by Acts of Parliament. These are called contractual rights and they and the other terms of your new tenancy agreement with Dee Housing cannot be changed without your individual agreement. Your key rights which you currently have as a tenant of the Council would be protected if there was a transfer.
If tenants vote for transfer, you will become an ‘assured tenant’ and, except for the limited circumstances described in Part L, you will be given a new tenancy agreement, substantially in the form set out in Part L of this offer document. The Tenancy Agreement protects your rights so that your rights with Dee Housing are similar to your current rights with the Council.
If tenants vote for transfer, all your key rights would be protected. The combination of statutory rights, the rights in the tenancy agreement and the rights in the rules of Dee Housing mean that all key rights that exist with the Council would be protected if transfer takes place.
How would your rights compare if you stay as a Council tenant or if your home transfers to Dee Housing?
The table on the next page compares the rights you have now with the Council and those you would have with Dee Housing under the new assured tenancy agreement.
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Your Rights With the Council With Dee Housing The Right to Buy with a discount Yes Yes. (this is known as the Preserved Right to Buy)* The Right to pass on your home Yes Yes when you die (succession) A fresh right of succession if you No (but Council uses Yes have already succeeded to your discretion) tenancy, provided you qualify (go to page []) A second right of succession No (but Council uses Yes discretion) The Right to be given information Yes Yes about the management of your home The Right to be consulted about Yes Yes housing management
The Right to have repairs carried out Yes Yes within set timescales The Right to transfer or exchange Yes Yes your home* The Right to make improvements Yes Yes and receive compensation for them* The Right to live in your home Yes Yes without the threat of being evicted without good cause (security of tenure) The Right to sub-let part of your Yes Yes home with approval and to take in lodgers* The Right for your tenancy No Yes agreement not to be changed without your consent The Right to Manage Yes No (but see page xx) The Right to Acquire* No Yes
*Introductory tenants do not have these rights with the Council. However, if the proposed transfer takes place most introductory tenants would be granted the same rights as other transferring tenants. As the table above shows, your key rights and entitlements would be protected if homes are transferred to Dee Housing.
How is the Council proposing to improve the existing Secure Tenancy Agreement?
The Council’s current Secure Tenancy Agreement is dated and requires improvement. The Council has reviewed the Agreement with tenants’ input and if tenants stay with the Council, will consult tenants on the following proposals:
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Changing the order of information to bring the Agreement and headings make sure that it is easier to understand and clearly states what is expected of tenants. Including information on the service of notices both from the tenant and by the Council which is not included in the current Agreement. Provision of an explanation of security of tenure and how it can be lost and a full list of grounds for possession. Provision of an explanation of what the tenant is required to keep in good repair and what the Council is not required to repair. Explaining that the landlord must give 24 hours written notice (in accordance with section 11(6) of the Landlord and Tenant Act 1985), to access tenants’ homes. This includes access for gas servicing. Confirming that people living or visiting the tenant must not interfere with fire detecting equipment in communal areas and must ensure that security and fire doors are kept shut Explaining that where belongings are left in a property, a Notice should be served on the tenants requiring them to remove their belongings within a reasonable period, or alternatively the Landlord will sell or dispose of them. An Introductory Tenancy Agreement which converts to a secure tenancy on satisfactory completion of the introductory period would be adopted. Including additional information on succession, how to make a complaint and contact the Local Government Ombudsman and a list of the Rights of a Secure Tenant. More information on the Tenant's Rights will be included in a new Tenant's Handbook.
After the ballot, would I lose any rights?
If tenants stay with the Council, tenants will still have all their existing rights, including the statutory Right to Manage.
If tenants vote for transfer, the only right you would not have (because it does not apply to Registered Social Landlords) is the statutory Right to Manage (which allows tenants to set up a Tenant Management Organisation, subject to certain rules). Although this right has been in existence for many years the Council has never had a request to set up a Tenant Management Organisation (see the next paragraph on a similar right which you would have with Dee Housing).
What if we want to take over local management or ownership of our homes?
If tenants stay with the Council, tenants will still be able to exercise the statutory Right to Manage. This right enjoyed by Council tenants allows tenants to set up a Tenant Management Organisation, subject to certain rules.
If tenants vote to transfer to Dee Housing, tenants would not have this right by law, because it does not apply to Registered Social Landlords.
The Rules of Dee Housing allow you, with other tenants in your community, subject to certain conditions and time constraints, to take over some or all of the management of your homes. They also allow for the setting up by the community of a new organisation to take over ownership of your homes in specific areas. If you want to exercise these powers, the Rules of Dee Housing set out the relevant process and say that Dee Housing must do what they can to assist you.
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This would be similar to your existing Right to Manage that you have under your current tenancy agreement with the Council.
Although you would not have this Right to Manage by law, Dee Housing would be firmly committed to working with tenants to achieve greater tenant involvement and would help tenants who wish to become more involved in the management of their homes (see Part F – for more information on how you can be involved in Dee Housing).
What about the right to pass on my tenancy? What about the right to pass on my tenancy?
If tenants stay with the Council, you would continue to have the legal right to be able to pass on your tenancy to:
(i) joint tenants, (ii) your wife, husband or someone who lives with you as your partner; or (iii) a member of your family who has lived with you for the last 12 months.
With the Council, these succession rights only occur once. However, whilst there is no obligation on the Council to allow a second succession they often exercise their discretion and allow a second succession to take place. In this case they will also consider whether the accommodation is too large or unsuitable and, if so, will offer a move to more suitable accommodation. If you die, the proposed new tenancy agreement with Dee Housing would give your family increased rights to succeed to your tenancy compared with the rights they currently have with the Council.
With Dee Housing you would have the legal right to be able to pass on your tenancy to:
(i) joint tenants, (ii) your wife, husband or someone who lives with you as your partner, or (iii) to a member of your family who has lived with you for the last 12 months.
This is the same as with the Council.
Under the proposed new tenancy agreement with Dee Housing all tenants would have the right to an initial succession and also a second succession. Whereas the second succession in the case of the Council tenancy is discretionary, with Dee Housing it will be a contractual right. This is a significant additional right for tenants especially for those who “inherited” their tenancies from the previous Council tenant.
As with the Council, if in the case of a second succession the accommodation is too large or unsuitable then Dee Housing could offer them a move to more suitable accommodation.
Would I get a new tenancy agreement?
If tenants stay with the Council, you will not need a new tenancy agreement and you will continue your tenancy in accordance with the secure or introductory tenancy agreement you already have. If tenants stay with the Council, the Council is proposing to improve and change the existing secure tenancy agreement and would consult tenants on the proposed changes.
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If tenants vote for transfer, Dee Housing would give you a new tenancy agreement to replace your existing agreement. This new tenancy agreement would protect the key legal rights you currently have with the Council. The only right you would lose on transfer would be the Right to Manage (which allows tenants to set up a Tenant Management Organisation, subject to certain rules) as this right does not apply to assured tenants of registered social landlords like Dee Housing.
However, after completion of the improvements programme Dee Housing would give full consideration to proposals for tenant management of particular areas or estates put forward by tenants, such as to form a tenant management organisation or local board to take over some or all of the management of homes (subject to any necessary consents or approvals). This commitment would be reflected in Dee Housing’s rules.
Tenants have played a key role in developing the new tenancy agreement for Dee Housing working closely with TACT@DOME, the Independent Tenants’ Advisor. They have made sure that the important rights in the Council’s existing secure tenancy agreement have been protected in the new assured tenancy agreement.
Once signed, this new tenancy agreement would be legally binding between you and Dee Housing. Except for rent and service charges, it could only be changed if you individually give consent to the changes. This is an added benefit not contained in your current tenancy agreement, as whilst the Council has to consult you, it does not need your individual consent to make any changes to your secure tenancy agreement.
You can find a copy of the proposed new tenancy agreement and an explanation of how it would be introduced in Part L on page [XX].
Regardless of the outcome of the ballot, would you still be able to buy your home?
Yes. If tenants stay with the Council and you are a secure tenant with the right to buy your home, you will continue to have the right to buy. If you are an introductory tenant you do not have the right to buy your home and this would continue to be the case if homes stay with the Council, (while you are an introductory tenant). Some properties such as sheltered housing are excluded from the Right to buy.
If tenants vote to transfer to Dee Housing and you have the right to buy your home now, you would keep that right if transfer takes place to Dee Housing. This is called the Preserved Right to Buy. As with the Council, some properties such as sheltered housing would be excluded from the Preserved Right to Buy.
The Preserved Right to Buy remains with you, or any member of your family who succeeds to your tenancy. It remains with you even if you later transfer to another property which is owned by Dee Housing or another council, as long as the property is not excluded from the Right to Buy.
You would not keep your Preserved Right to Buy if you later moved home to another registered social landlord but you would have the Right to Acquire which has similar provisions on eligibility (see later in this ‘Your Rights’ section for details on the Right to Acquire). The only difference between your existing Right to Buy and the Preserved Right to Buy is that slightly different rules apply to how the price is calculated. As things stand
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Introductory tenants do not have a right to buy with the Council, but Dee Housing has agreed to give transferring introductory tenants a contractual right to buy (in the tenancy agreement) which gives them the right to buy their home on the same terms as the Preserved Right to Buy. Dee Housing would be able to use 100% of the money raised from the sale of its homes on improvements to homes and running the housing service and in meeting its objectives as a social landlord. In comparison, the Council is only allowed to keep 25% of the money at present.
Any new tenants housed by Dee Housing after the date of transfer would not have the Preserved Right to Buy, but they would have the Right to Acquire.
What would happen to the discount entitlement I’ve already built up?
Whether your home stays with the Council or transfers to Dee Housing, the Right to Buy (with the Council), the Preserved Right to Buy (with Dee Housing) entitles you to a discount on the purchase price of your home based on the total number of years you have spent as a tenant. This would take into account your time as a tenant with the Council and with Dee Housing, if a transfer takes place. Your rate of discount would therefore continue to grow after any transfer takes place, up to the maximum amount allowed.
The maximum discount for the Right to Buy in Flintshire is currently £16,000. The same limit would apply if you stay with the Council or transfer to Dee Housing and use your Preserved Right to Buy in the future i.e. the maximum discount remains the same whether the transfer takes place or not.
What about transfers or exchanges?
The Council or Dee Housing would aim to make best use of its housing by assisting with tenant transfers and exchanges both within its stock and with other landlords.
If you move to another property owned by the Council or Dee Housing you would keep all your rights including the Right to Buy/ Preserved Right to Buy with discounts (provided it applies to the new property). If you transfer to another Registered Social Landlord your right would be lost, as it would if you move from the council to an RSL.
Would you still be able to take in lodgers and sublet part of your home?
Yes. Whether your home stays with the Council or transfers to Dee Housing you would have these rights. You would be able to sublet part of your home, with the Council’s or Dee Housing’s permission, or take in lodgers.
If there was a transfer, would Dee Housing have more rights to obtain possession of transferring tenants’ homes than the Council currently has?
No. Dee Housing would not use any of the additional grounds for possession which could be available under an assured tenancy. This is to make sure that your rights to live in your home match as closely as possible those you have now with the Council. (For further details, see the proposed tenancy agreement in Part L). The Council will be able to legally enforce this.
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Regardless of the ballot outcome, would you still have a right to have repairs carried out?
Yes. Regardless of whether your home stays with the Council or transfers to Dee Housing, if contractors failed to carry out certain types of repairs within set time limits, you could require the Council or Dee Housing to appoint another contractor to do the repairs.
With the Council or Dee Housing you would have the right to compensation if that contractor also fails to do the repairs within a set time limit.
Regardless of the outcome of the ballot, would we continue to be consulted?
Yes. Part F of this consultation document sets out the commitments of the Council or Dee Housing to consult with and improve the ways tenants are involved in the running of the service. If tenants vote to transfer to Dee Housing, the promises made in this consultation document would be included in a legally binding contract between the Council and Dee Housing
If tenants stay with the Council, Flintshire County Council will continue to consult and provide information to tenants just as it does now. If tenants vote for transfer, Dee Housing would consult with and provide the information to its tenants as if they were secure tenants, just as the Council does now. This is one of the terms of the new tenancy agreement (see Part L).
The Welsh Government requires the Council to provide information to tenants and this would continue to be the case if tenants vote to stay with the Council. If tenants vote to transfer to Dee Housing, the Welsh Government would also require that Dee Housing consults with and provides information to all its tenants as if they were secure tenants. This is also included as one of the terms in the new tenancy agreement.
Regardless of the outcome of the ballot, the Council or Dee Housing would aim to improve the ways tenants are involved in the running of the service.
Could the Council or Dee Housing force a tenant to move to smaller accommodation?
No, absolutely not. Regardless of the outcome of the ballot, neither the Council nor Dee Housing can force a tenant to move to a smaller home against their will. However, if a tenant wanted to move to smaller accommodation then the Council or Dee Housing would, in consultation with the tenant, try to meet their housing needs.
If there was a transfer, would there be any difference to my rights if I am an introductory tenant with the Council?
If tenants stay with the Council, introductory tenants will have the same rights as they do now. If tenants vote to transfer to Dee Housing, people who are introductory tenants on the date that any transfer takes place would become assured tenants and under their tenancy agreement would have the same tenancy rights as transferring Council secure tenants, unless legal action is being taken against them by the Council at the time for breaches of their tenancy agreement.
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Changes to the tenancy agreement
If tenants stay with the Council, the Council will continue to have the right to consult tenants on proposed changes to the secure tenancy agreement and to introduce any changes to the secure tenancy agreement it considers necessary following consultation.
If tenants vote to transfer to Dee Housing, once you have signed your tenancy agreement with Dee Housing, Dee Housing would not be able to change the terms of your tenancy agreement (except for the rent and other charges) without your written consent. This right is not available to Council tenants and would continue not to be available if tenants stay with the Council.
What about new tenants?
If tenants stay with the Council, the Council would continue to grant people becoming tenants an introductory tenancy for the first year of being a Council tenant. An introductory tenancy gives fewer rights and less security of tenure than the Council’s secure tenancy agreement for the first twelve months.
The introductory tenancy is an added measure to deal with anti-social behaviour by ensuring that tenants are made aware of the standard of behaviour expected of them. This type of tenancy allows the Council to take action more quickly should a tenant or visitor to a tenant’s home cause a nuisance to other residents or anti-social behaviour in the area.
If there are no significant problems in the first twelve months, the new tenant would be entitled to a secure tenancy agreement.
If tenants vote to transfer, Dee Housing would initially grant people who become tenants after the transfer an assured shorthold tenancy (or starter tenancy) for their first twelve months as a new tenant. This is similar to the introductory tenancy that new tenants are given for the first year of being a Council tenant. A starter tenancy would give fewer rights and less security of tenure than Dee Housing’s full assured tenancy for the first twelve months.
The probationary tenancy is an added measure to deal with anti-social behaviour by ensuring that tenants are made aware of the standard of behaviour expected of them. This type of tenancy would allow Dee Housing to take action more quickly should a tenant or visitor to a tenant’s home cause a nuisance to other residents or anti-social behaviour in the area.
If there are no significant problems in the first twelve months, the new tenant would be entitled to an assured (non-shorthold) tenancy.
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PART H: About the Council and Dee Housing
Summary
Staying with the Council Transferring to Dee Housing
The Council would continue to own and Homes would transfer to Dee Housing. Dee manage your home. The Welsh Government Community Housing would be a not-for-profit and is responsible for holding the Council to charitable registered social landlord regulated by the account for performance against policy and Welsh Government. standards.
The Council is composed of 70 Councillors Dee Housing would be collectively owned by the elected every four years. Councillors are members who would include Flintshire tenants and democratically accountable to the whole leaseholders. community and the residents of their electoral division.
The Executive (Cabinet), full Council and the Dee Housing would be run by a Board consisting of Executive Member for Housing would five tenants, five council nominees, and five continue to make all key decisions about independent members. The Tenant Board Members council housing with officers being would be elected by tenants. The Board would responsible for the day-to-day management make the appointments to the senior management of the housing service. team. The Chief Executive and other senior management would be recruited by external advertisement through an open recruitment process.
The Council would continue to be Dee Housing would be accountable locally - to accountable locally - to tenants, leaseholders tenants, leaseholders, communities and the Council. and communities.
County Councillors would continue to act on County Councillors would continue to act on your your behalf if you have problems with your behalf if you have problems with your housing, housing, just as they do now. though the Council will not own or manage your home. County Councillors will continue to receive a Board members would not receive payment, other basic allowance and in some cases, special than reasonable expenses such as travelling costs responsibility allowances. Allowances are paid to reflect the wide-ranging roles and responsibilities of elected members. County Councillors can also claim care allowance and reasonable expenses such as travelling costs
Tenants and the Welsh Government would There would be a legally binding agreement with the make sure that the Council delivers all its Council to help to ensure the promises set out in commitments in this Choices Document. this Choices Document are met. Tenants, the Council and the Welsh Government would make sure that Dee Housing delivers all its commitments in this Choices Document.
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About the Council
How does the Council work?
The Council is composed of 70 Councillors elected every four years. Councillors are democratically accountable to residents of their electoral division. The overriding duty of Councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.
The Council has agreed a constitution which sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Council to choose.
Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. Flintshire County Council has adopted a Code of Corporate Governance. Corporate Governance is the system by which the Council directs and controls its functions and relates to communities. It is founded on the basic principles of openness and inclusivity, integrity and accountability together with the overarching concept of leadership. It is an inter-related system that brings together the underlying set of legislative requirements, governance principles and management processes.
The Code forms part of the Constitution and applies to all aspects of the Council’s business. Members and staff of the Council in carrying out its business, conduct themselves in accordance with the high standards expected by the citizens of Flintshire.
All Councillors meet together as the Council. Meetings of the Council are normally open to the public. Here Councillors decide the Council's overall policies and set the budget each year.
The Council is required to set and publish an Improvement Plan including the Council’s priorities. The ten priorities below show how the Council uses resources to secure continuous improvement and improve services themselves:
1. To be a modern, efficient and cost effect public organisation through our four resource strategies 2. To achieve the greatest possible cost efficiencies through regional and sub- regional collaboration to reinvest in local public services 3. To be a modern, caring and flexible employer with fair and equal pay and terms and conditions of employment under a Single Status Agreement. 4. To achieve the highest standards of customer service and care through our Customer Service Strategy. 5. To make our communities safe and to safeguard the vulnerable, with children and older people being priority groups. 6. To protect and grow the local and regional economy to be a prosperous County and to provide help and support for those vulnerable to poverty. 7. To promote independent, healthy and fulfilled living in the community with the highest quality personalised and supportive social and health care services.
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8. To meet housing need in the County and to work with partners to ensure a sufficient supply of quality and affordable homes and housing services in the social, mixed tenure and private sector housing markets. 9. To secure a modern and high performing range of learning, cultural, play and leisure opportunities for all ages with our schools, colleges and other partners. 10. To protect, plan and develop sustainable natural and built environments.
These primary priorities are supported by more detailed secondary priorities set out in the three Directorate plans for Community Services, Environment and Lifelong Learning and in the Corporate Governance Plans, turning these objectives into specific outcomes and targets. The Improvement Plan builds upon the Council Priorities and the Directorate priorities presenting them in a single document.
The Council has a Chief Executive who is head of the paid service. The Chief Executive provides leadership to the Council’s Management Team and all employees; ensures that the Council has the appropriate structure, staff and other resources needed to deliver high quality, cost effective services to the people of Flintshire; works closely with elected Members to ensure the realisation of the Council’s culture, vision, policies and programmes and works with partners and others to realise Flintshire’s full potential.
The Chief Executive is supported on the Council’s Management Team by the Director of Community Services, the Director of Environment, the Director of Lifelong Learning and the four corporate heads of service. The Council’s housing service is managed on a day- to-day basis by the Head of Housing who is responsible for implementing the housing policies and strategies agreed by the Council. The Head of Housing reports to the Director of Community Services.
More information on how Flintshire County Council works can be found on the Council’s website: www.flintshire.gov.uk.
How does the Council make decisions?
The Executive
Major housing decisions are taken by the Cabinet and sometimes by the full Council. The Executive is the part of the Council which is responsible for taking most of the major strategy, policy and management decisions.
The Executive is made up of 10 Portfolio Members including the Leader and Deputy Leader. There is an Executive Member for Housing in the Cabinet who has specific responsibilities for housing in Flintshire.
The Executive has to make decisions which are in line with the Council's overall policies and budget. If it wishes to make a decision which is outside the budget or policy framework, this must be referred to the Council as a whole.
Meetings of the Executive, Overview and Scrutiny Committees, the Council and other Committees are open for the public to attend except where exempt or confidential matters are being discussed, as defined by the law.
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Overview and Scrutiny
There are six Overview and Scrutiny Committees which complement the work of the Executive and the Council as a whole. They allow citizens to have a greater say in Council matters by investigating or inquiring into matters of local concern usually in public. These lead to reports and recommendations which advise the Executive and the Council as a whole on its policies, budget and service delivery.
Overview and Scrutiny Committees also monitor the decisions of the Executive. They can ‘call in’ a decision which has been made by the Executive but not yet implemented. This enables them to consider whether the decision is appropriate. They may recommend that the Executive reconsider the decision. They may also be consulted by the Executive or the Council on forthcoming decisions and the development of policy.
There is a Housing Overview and Scrutiny Committee that looks specifically at housing decisions and issues.
What are the vision and priorities of the Council’s housing service?
Flintshire County Council’s housing vision is to:
“To ensure that existing and future residents of Flintshire can access quality housing that is affordable and meets diverse needs and aspirations within safe, healthy and sustainable communities.”
Flintshire County Council’s housing priorities are:
To increase the supply and choice of new affordable accommodation in locations throughout Flintshire in accordance with housing need and Aspiration. To aim to ensure that all homes within the County are of a good quality, Particularly through ensuring that Council Housing is brought up to the Welsh Housing Quality Standard. To seek to prevent homelessness and provide a wide range of accommodation for homeless people when homelessness is Unavoidable. To provide a range of housing-based support for vulnerable people and To maximise independence through the Supporting People programme. To improve the quality of life of our diverse communities through joint Approaches to community safety, physical and social regeneration. To ensure that housing provision in the county is in line with our Economic aspirations. To promote the health and well-being of communities by improving the quality and design of homes and the environment in which they live. To improve the environmental and energy performance of housing through construction, education and maintenance. To seek to meet the housing needs and aspirations of our diverse Communities. To make the case for housing in Flintshire.
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Do the County Councillors get remuneration?
Yes. The 22 Unitary Authorities in Wales are each required to have a Scheme of Allowances which governs the entitlement of Members to receive various allowances. Flintshire’s Scheme is shown below. This Scheme can be amended from time to time, in Flintshire this is usually done at the Annual meeting of the Council. There are the following types allowances paid to members that are governed by the Scheme and reflect the wide- ranging roles and responsibilities of elected members:-
1. Basic Allowance (paid to all Members at the same rate).
2. Special Responsibility Allowance (paid up to a maximum of half the Council’s Members at different rates according to the responsibility the Member has).
3. Care Allowance (payable to a Member to reimburse for the expense of caring for dependents arising from Council business).
4 & 5. Travel & Subsistence Allowances (payable in relation to a Member attending on approved duties, such as attendance at Council or Committee meetings.
About Dee Housing
What type of organisation is Dee Housing?
Dee Housing would be a newly created, local, not-for-profit, independent organisation based on a ’Community Housing Mutual’ model. It would be registered with the Welsh Assembly Government as a registered social landlord (RSL). The Council would help to establish it. As with all RSLs in Wales, it would be regulated by the Welsh Assembly Government. In addition, Dee Housing would have charitable status. It would not be a private commercial company.
In order to have charitable status, Dee Housing would be registered with charitable rules. One advantage of charitable status is that charities pay less tax which allows them to make best use of their income for the benefit of those persons they are assisting.
As a charitable organisation Dee Housing would be limited in who it could house and the activities that it would be allowed to carry out. Its allocations policy would be based on the Council’s current allocations policy, and it would consult with tenants if it proposed to change that policy significantly. As a charitable organisation it would not be able to:
carry out extensive commercial activities provide services to other outside organisations which are not charities provide commercial rented accommodation.
If Dee Housing did want to carry out these activities in the future it would have to consider setting up a non-charitable subsidiary.
Community Housing Mutual model
The Community Housing Mutual model was developed by the Welsh Assembly Government for local authorities considering housing stock transfers. It gives tenants an opportunity to become involved in the regeneration and development of their communities
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The Council is committed to putting tenants at the heart of the transfer process. It has therefore supported the Tenants Theme Group’s recommendation to set up Dee Housing as a Community Housing Mutual. Theme group meetings for tenants were set up by your independent tenants’ advisors to look at all aspects of the transfer proposal.
In a Community Housing Mutual, such as Dee Housing, tenants can become members of the organisation. It could therefore be said that the assets (including the houses transferred from the Council) would be collectively owned by the members. which include tenants and other residents of Dee Housing, therefore bringing more opportunities for tenants to get involved in the organisation?
As a Community Housing Mutual, Dee Housing constitution would have a provision for support of community involvement and development and would encourage tenants to play a greater part in the affairs of Dee Housing. The Rules of Dee Housing would include provisions which recognise the tenant empowerment and community involvement focus of the organisation.
What are Dee Housing’s priorities?
Dee Housing would be a registered social landlord. Its primary purpose would be to provide affordable rented housing to people in housing need. Dee Housing has been established with the help of the Council specifically to:
Supply good quality affordable housing Deliver excellent housing services to the people of Flintshire Deliver the levels of investment needed to bring all homes currently owned by the Council up to the requirements of the Welsh Housing Quality Standard within the first five years after transfer.
Dee Housing has agreed its statement of purpose or ‘mission statement’ and the values by which it intends to operate.
What is the vision and core values of Dee Housing?
Dee Housing’s vision is:
Quality homes, safe communities - a brighter future
Dee Housing’s values are:
Openness and honesty
Providing customers with information about Dee Housing on a regular basis.
Listening to our customers and actively involving them in the business and our services.
Doing what we say and keeping our promises.
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Putting customers first
Respecting all our customers and treating them fairly.
Engaging customers, being pro-active and informed
Shaping our services to meet customers needs.
Listen and respond
Showing respect and fairness to all our customers, employees and partners.
Having a positive attitude, acting with integrity.
Outward looking, informed and communicative.
Value for money
Managing our financial capacity and performance effectively.
Delivering first rate services and outcomes.
Providing services in new and more efficient ways.
Ensuring tenants benefit from savings.
Community focused
Working with partners to build sustainable and cohesive communities.
Ensuring our impact on communities and environments is positive.
providing employment and training opportunities.
Who would run Dee Housing?
Dee Housing would be run by a board of management. The Board would consist of 15 people.
The 15 places on the Board would be filled as follows:
Five tenants, elected by tenants Five Council nominees Five independent people.
All Board members have equal status. Each of them must act in the best interests of Dee Housing, which means to provide excellent services for tenants and not for personal gain.
Would the Board members of Dee Housing receive remuneration?
The Welsh Assembly Government does not allow payment of Board members of registered social landlords in Wales. However, Board members can claim reimbursement
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No Board member would be entitled to receive any share of surpluses from Dee Housing because all surpluses would be spent in furtherance of the organisation’s charitable objects and applied for the benefit of the community. Any surplus money would be used to provide services to tenants, and improvements and repairs to tenants’ homes.
Who is on the board of Dee Housing and what do they do?
If the transfer takes place the Board would be responsible for running Dee Housing but the day-to-day operations would be delegated to the staff. The Board is currently operating as a Shadow Board until the outcome of the tenants’ ballot is known.
Profiles of the Shadow Board members have been included in newsletters sent to you during the consultation and are also included in the accompanying ‘Easy-Guide’ Here are the names of the Shadow Board members.
Tenants:
Loraine Meakin David Walker Cherry Evans Adrienne Meager Janet Pratt
Council nominees:
Cllr Veronica Gay Cllr Dave McFarlane Cllr Eric W. Owen Cllr Robin Guest Cllr Hilary Isherwood
Independent members: Ken Molyneux Brian King Stephen Porter Frank Molloy Ed Hughes.
How were the tenant Shadow Board members chosen?
All tenants were invited to stand for election to the Shadow Board of Dee Housing. Nine tenants wished to stand and an election with all tenants able to vote for their preferred candidates took place in February/March 2011. To ensure that there was a good spread of shadow tenant board members across the County, the Council agreed that at least one should be elected from each of the Council’s existing housing management areas ( North, South and East).
In the election 19.27% of tenants voted and the five candidates elected are as set out in this document.
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How were the Council nominees on the Shadow Board chosen?
The five council nominees were selected by the Council. The council has the right to make nominations each year.
How were the independent Shadow Board members chosen?
Initially, the five independent Shadow Board members were selected by the other ten Board members (five tenants and five Council nominees) through an interview process. They are chosen for their skills and experience to help ensure that the Board has the full range of skills and experience needed to run the business of Dee Housing.
In addition to the fifteen full members of the Board it is possible for the Board to have additional co-opted members.
If transfer goes ahead, how would board members be chosen in the future?
The rules of Dee Housing set out how Board members would be chosen in future, and how they can be replaced if they retire.
Any Dee Housing tenant would be able to apply to become a Tenant Board member and all Dee Housing tenants would be eligible to vote in the elections. Independent Board members would be chosen by the Board for their skills and experience and their appointment would be subject to confirmation by the members of Dee Housing. Council nominees would be chosen by the Council.
Some of the Board members would retire each year on a rotational basis. This would provide continuity and a process for periodical renewal of the Board. The retiring Board members would be eligible for re-appointment if they wished to be considered, but the appointment of independent Board members would need to be confirmed by the members of Dee Housing.
How long do Board members stay in office?
Board members stay in office for a fixed period of no more than three years. After that they must stand down but can be re-elected or re-appointed for another term. Board members can be removed by a two thirds majority of the members who vote for their removal.
If there was a transfer, who would provide the service and what would happen to the existing staff?
The Board of Dee Housing would make the appointments to the senior management team. The Chief Executive and other senior management would be recruited by external advertisement through an open recruitment process. The Board may chose to set up an appointments panel to interview the candidates and pass their comments to the Board.
Dee Housing would employ paid staff to run the housing service on a day-to-day basis. If the transfer goes ahead, most of the staff working for the Council in the housing service would transfer to Dee Housing with their conditions of employment at the time of transfer
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This would ensure continuity of service for tenants and means Dee Housing would have a skilled and experienced workforce to rely on.
The additional work which would be undertaken by Dee Housing would help to create more employment opportunities for people locally.
Repairs, maintenance and housing staff would transfer from the Council to Dee Housing. This would include staff who are primarily office based as well as staff who currently work for the Council’s Direct Labour Organisation (i.e. the workforce). Their terms and conditions of employment would be protected by legislation.
The new Chief Executive would, be responsible for the management of staff and be directly answerable to the Board.
If tenants vote for transfer, what role would the Council have?
If tenants vote fro transfer, the Council would no longer be your landlord but would work in close partnership with Dee Housing. There would be a legally binding contract that would require Dee Housing to deliver the commitments made in this Choices Document. The Council would also continue to deliver other important housing functions:
Providing the Wardens Service and managing the Supporting People budget Review housing conditions and assessing housing need in the County Deciding on housing strategy for providing new affordable housing Tackling homelessness, providing housing advice and assisting homeless people Poviding a Housing register and making nominations to Housing Associations Giving grants for repairs and improvements to private properties Providing the Housing Benefit and Welfare Rights services.
The Council would continue to provide other services including rubbish collection, environmental services, leisure and planning, education and social services.
Who regulates and inspects social housing in Flintshire? a) The role of the Welsh Government
The Welsh Government is responsible for the oversight and direction of local authorities in Wales. The Welsh Government is also responsible for local authority performance and their accountability for it. The Welsh Government not only regulates Registered Social Landlords (including Dee Housing, if tenants vote to transfer), but also oversees local authority housing and allocates resources for Council housing.
The Welsh Government sets the broad policy for local authorities in Wales, but avoids using its powers to control how they operate. The Welsh Government’s work with local authorities is firmly on the basis of partnership. The Minister for Housing, Regeneration and Heritage has responsibility for the following key housing issues:
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The housing and housing-related activities of local authorities and housing associations, including housing management and the allocation of social and affordable housing Homelessness and housing advice Regulation of registered social landlords Matters relating to housing provided by the private rented sector Support for private sector housing renewal Aids and adaptations, including Disabled Facilities Grants and Physical Adaptation Grants The provision of housing-related support (but not the payment of Housing Benefit) Matters relating to the supply of market and affordable housing to meet need (but not planning policy or Building Regulations) Quality of social and affordable housing Strategic Regeneration Areas and legacy regeneration Provision of sites and premises, derelict land and environmental improvements relating to regeneration Physical Regeneration Fund The regulation of commercial tenancies let by local authorities.
The Welsh Government regulates all Registered Social Landlords, in Wales. Dee Housing must achieve registration with the Welsh Government as a Registered Social Landlord (RSL) before a transfer can take place. Following such registration, Dee Housing would be regulated by the Welsh Government.
In particular, the Welsh Government:
Has established a regulatory code with which all Registered Social Landlords must comply. The code sets rules and standards which all Registered Social Landlords in Wales must follow. These standards are set to ensure that tenants’ rights are protected, services are of a high quality and that financial management is sound.
Monitors the performance of Registered Social Landlords to ensure their expectations are met. If Dee Housing did not meet the expectations, the Welsh Government would have wide powers to step in and work with the Board of Dee Housing to ensure promises are met, if necessary.
Would monitor the financial performance of Dee Housing especially during its early years of operation and is able to take action if a Registered Social Landlord is threatened by insolvency to ensure as far as possible that tenants are protected and their homes remain in the regulated social housing sector. The finances of Dee Housing would also be monitored by external auditors. This means that there would be safeguards in place to prevent Dee Housing from getting into financial difficulties.
Role of the Council in monitoring Dee Housing
Before the transfer takes place Dee Housing would be required to enter into a formal and legally binding contract with the Council. This agreement would (amongst other things) contain provisions to help the Council to make sure that promises made to tenants in this consultation document are kept. If Dee Housing was failing to honour the promises the
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Council would have a right (as provided in the contract) to enforce those provisions against Dee Housing.
Tenants would be protected by arrangements set up by the Council to monitor Dee Housing’s performance.
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PART I: Community and Economic Regeneration
Summary
Staying with the Council Transferring to Dee Housing The Council would plan to have a capital Dee Housing would plan to have a capital investment programme worth £49 million investment programme worth £166 million over the next five years. in the first five years after transfer.
Council housing investment provides an This presents a unique opportunity for opportunity for community regeneration community regeneration within Flintshire. within Flintshire. The Council would aim to provide more Dee Housing would aim to provide more local employment opportunities. local employment opportunities.
The Council aims to create more business Dee Housing aims to create more opportunities for local suppliers. business opportunities for local suppliers. The Council’s investment programme The Dee Housing investment programme could result in up to 100 new jobs being could result in up to 300 new jobs being created in the next five years. created in the first five years after transfer. The Council would aim to create 10 Dee Housing would aim to create 30 apprenticeships for local people in the apprenticeships for local people in the first next five years. five years after transfer.
The Council cannot afford to build any new homes within the foreseeable future, Dee Housing plans to develop but regardless of the outcome of the ballot approximately 100 - 150 new affordable it will continue to work with Housing homes within ten years of transfer to help Association and private sector partners to deliver the County’s objective of provide new homes for rent and sale increasing the amount of affordable across the County. housing available for local people. There will be opportunities for the There will be opportunities for the development of community owned social development of community owned social enterprises and community enterprises and community empowerment. empowerment.
.What are economic benefits of housing investment for Flintshire?
Regardless of the outcome of the ballot, the Council or Dee Housing would look to use social and/or community benefit clauses in contracts to require contractors and suppliers where possible to use local labour and source their supplies and services locally.
Consequently, a key part of ensuring maximum benefit to the local economy would be to build links between contractors, businesses and local residents that would help to reduce the amount of money ‘leaking out’ of the area. The Council or Dee Housing would aim to do this by:
Using the major planned repairs work to provide local employment opportunities. Working with local labour market intervention programmes to assist the long-term unemployed and economically inactive back into work. Using apprentice schemes across the repair service.
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Providing training with recognised qualifications to promote a multi-skilled workforce. Promoting training and career opportunities by working in partnership with schools, educational establishments and existing local training providers. Developing local supply chains and providing introductions to major contractors to develop longer-term working relationships and contract opportunities for local businesses. Helping businesses promote themselves and win contracts, i.e. how to tender workshops, Meet the Buyer events.
Including community and social benefit clauses in contracts that encourage, as far as possible, local employment and training and sourcing of goods and services locally. Supporting the development of community owned social enterprises to supply goods and services. Work closely with residents and public bodies to help local communities tackle problems and improve the quality of life.
Working with local suppliers
Regardless of the outcome of the ballot, there would be opportunities to engage local suppliers in providing improvements and services to tenants – thereby also giving a boost to local economy.
This could involve, where appropriate:
Gearing up small and medium enterprises Getting the most of major procurement – encouraging apprenticeships Developing local supply chains.
The Council or Dee Housing would use social clauses in contracts to require contractors to source materials from local suppliers as far as possible.
How many jobs and apprenticeships would the Council’s investment create if tenants stay with the Council?
If tenants stay with the Council, the Council plans to invest around £49 million over the next five years in improvements to your homes. The Council would aim to use this housing investment to create job and training opportunities for local people. This investment programme provides an opportunity to deliver benefits to the community beyond the physical improvement of homes and estates.
Improving the quality of the housing would help transform the image and assist in attracting new investment while more training and employment opportunities for local people would help to tackle issues of economic inactivity. The Council estimates that this level of investment could create:
100 new jobs over the next five years 10 apprenticeships over the next five years.
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The Council would seek to take advantage of match funding such as the Communities First Outcomes Fund in tackling environmental problems, alongside its own budgets.
The Council would aim to create apprenticeships within its Direct Labour Organisation for people from the local community, and would target its estates when recruiting. Subject to funding being available, it would work with local training providers, to secure quality training and educational opportunities for young people and others seeking opportunities in the construction industry.
Training and education would also be offered for jobs relating to housing management services, and in working with older or vulnerable people. The Council would invest in its work force to ensure that tenants benefit from a well trained, multi-skilled and highly motivated team.
The Council would use social clauses in contracts to require contractors and suppliers to use local labour, and would aim for a target of 20% of their workforce engaged on contracts with the Council to be local people. It is intended that this arrangement would also bring further training opportunities for local people.
The Council would aim to continue to develop family friendly working practices, including flexible working patterns, part time working and school friendly hours, in order to demonstrate a commitment to balance tenants’ needs with the needs of its staff.
How many jobs and apprenticeships would Dee Housing’s investment programme create if tenants vote to transfer?
If tenants vote for transfer, the investment of over £166 million over the first five years after transfer, and a total of over £467 million over a 30 year period, represents one of the largest investment programmes ever proposed for Flintshire.
Given the level of planned investment, the long-term spending power and the boost this would give to the local economy, this investment programme provides a unique opportunity to deliver benefits to the community way beyond the physical improvement of homes and estates.
Improving the quality of the housing would help transform the image and assist in attracting new investment while more training and employment opportunities for local people would help to tackle issues of economic inactivity.
The economic impact assessment shows that there would be increased employment opportunities for local people to undertake the work associated with the improvement of housing stock following the transfer. It has been calculated that the investment programme could result in:
300 new local jobs being created in the first five years after transfer 30 apprenticeships being created in the first five years after transfer.
Dee Housing would seek to take advantage of match funding such as the Communities First Outcomes Fund in tackling environmental problems, alongside the £14 million it would have in its own budget for environmental and security improvements.
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Dee Housing would aim to create up to 300 new construction related jobs locally in the first five years after transfer, either within its own Direct Labour Organisation if it has sufficient resources, or with contracting partners and suppliers. Dee Housing would have the long term guaranteed spending power, based on its 30 year business plan, to make a real commitment to training and apprenticeships in Flintshire.
Dee Housing would aim to create apprenticeships within its Direct Labour Organisation for people from the local community, and would target its estates when recruiting. Subject to funding being available, it would work with local training providers, to secure quality training and educational opportunities for young people and others seeking opportunities in the construction industry.
Training and education would also be offered for jobs relating to housing management services, and in working with older or vulnerable people. Dee Housing would invest in its work force to ensure that tenants benefit from a well trained, multi-skilled and highly motivated team.
Dee Housing would use social clauses in contracts to require contractors and suppliers to use local labour, and would aim for a target of 20% of their workforce engaged on contracts with Dee Housing to be local people. It is intended that this arrangement would also bring further training opportunities for local people.
Dee Housing would aim to develop family friendly working practices, including flexible working patterns, part time working and school friendly hours, in order to demonstrate a commitment to balance tenants’ needs with the needs of its staff.
If tenants stay with the Council, would the Council build new affordable homes?
The Council itself currently has no plans to build any new homes, but regardless of the outcome of the ballot it will continue to work with Housing Association and private sector partners to provide new homes for rent and sale across the County.
If tenants vote for transfer, would Dee Housing build new affordable homes?
If tenants vote for transfer, Dee Housing would aim to establish a programme for building new affordable homes within Flintshire once the improvements programme is fully under way, and has obtained in principle approval from the Welsh Government to do so. Dee Housing would plan to develop approximately 100 - 150 new affordable homes within ten years of transfer to help deliver the County’s objective of increasing the amount of affordable housing available for local people.
Regeneration
Where practicable, the Council or Dee Housing would aim to use some of its housing capital investment to compliment wider Council regeneration schemes, maximising the potential for match funding from other sources. The Council or Dee Housing would also seek opportunities to develop Community Improvement Funds, working with tenants to tackle estate based priorities.
The Council or Dee Housing would work with communities where appropriate with a view to developing and supporting estate based social enterprises.
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PART J: The next steps - The legal requirements for tenant consultation
Summary
The next steps
The Council must follow the law in consulting its tenants about the transfer of their homes.
The Council and the Welsh Government must take into account the views of the Council’s secure and introductory tenants.
This consultation document, which sets out all the details of the transfer proposal, is what is known as the Stage 1 Notice.
You can give your views on the proposal using the freepost tear off response card in the beginning of this offer document.
The Council will consider any representations it receives from you about this offer document.
The Stage 2 letter will set out any significant changes to the transfer proposal and would inform you whether the Council has decided to proceed to ballot.
Secure and introductory tenants will decide whether the transfer proposal can go ahead in a secret ballot.
What must the Council do?
The Council must follow the law in consulting its tenants about the transfer of their homes. The law that the Council must follow is set out in section 106A and Schedule 3A of the Housing Act 1985.
The Council and the Welsh Government must take into account the views of the Council’s secure and introductory tenants. If you are not sure what sort of tenant you are, please refer to your tenancy agreement or phone the Council’s Freephone 0800 xxxxx
The Council must give you a notice that informs you of:
The details of the proposal. This must include the identity of the organisation to which the Council is proposing to transfer the homes The likely consequences of the transfer for you, the tenant The effects of the provisions of Schedule 3A Housing Act 1985 and, in the case of secure tenants, of Sections 171A to 171H Housing Act 1985 (the Preservation of Right to Buy on transfer)
All this required information is set out in this Choices Document.
How will the Council comply with the law?
The Council must first serve you with a notice giving the information detailed above. This is called a Stage 1 notice. This notice must inform you of the time period you have to
13.10.11 'Non-approved document in draft form - confidential and not for circulation' 68 208 make representations to the Council. This Choices Document and the letter introducing it form the Stage 1 notice. Any written or email comments from tenants received by the Council by 5pm on (DATE) will be considered. A tear off slip is attached to this document if you wish to use it. All comments should be sent to:
Housing Services FREEPOST xxxxxxx Flintshire County Council Community Services Directorate County Offices Chapel Street Flint CH6 5BD
Or by email to: Richard [email protected]
The Council must then serve you with a further notice known as a Stage 2 notice. This Stage 2 notice must tell you:
Of any significant changes to the proposal if there are any That you have 28 days to contact the Welsh Government with any objections to the proposal
The 28 day period for you to make objections begins when the Stage 2 letter is sent to tenants. After the Stage 2 notice has been served, a secret ballot would be held on the proposals. Each secure and introductory tenant will receive a ballot paper and can vote whether they support a transfer or not.
After the ballot the Council is required to inform you of the ballot result and whether the Council intends to proceed with the transfer and that you may make representation to the Welsh Government within a further period of 28 days.
The Welsh Government will take into account any representations it receives when considering whether to give approval to any application from the Council for consent to go ahead with the transfer.
Stage 1 timetable:
This Choices Document and covering letter are sent to every secure and introductory tenant of the Council as the Stage 1 notice.
From XX to XX
This is the representation period when you can make comments to the Council on its proposal to transfer your homes. The Council will take every opportunity to talk to you about the proposal. There will be visits to tenants’ homes by Council staff and a short DVD will be delivered to all tenants.
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Winter 2012
The Council will consider the comments and representations you have made. It will then decide whether the proposal needs to be changed and whether to go ahead with Stage 2 and the ballot of secure and introductory tenants.
Stage 2 timetable: XX 2012
If the Council has decided to go ahead, it will send secure and introductory tenants the Stage 2 letter. This will tell you what, if any, changes have been made to this Choices Document; inform you that objections may still be made to the Welsh Government within 28 days, and that the Council has decided to go ahead with a ballot of all tenants.
From: To: 2012
A secret ballot will be carried out by Electoral Reform Services which is an independent organisation with many years of experience of running ballots and elections. Every secure and introductory tenant of the Council will have a vote. This means that every joint tenant will have a separate vote and their own ballot papers. Neither the Council nor Dee Housing will know how you personally have voted.
If the majority of tenants who vote have voted in favour of the transfer, the Council will make an application to the Welsh Government for their approval to transfer the homes to Dee Housing Limited. This timetable may change after discussions with the Welsh Government or as a result of this consultation.
XX 2012: The results of the ballot
If the ballot is in favour of transfer to Dee Housing then tenants would be notified that they are entitled to make representations to the Welsh Government within a further period of 28 days.
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Part K: Other useful information and contacts
Summary
As well as this consultation document, there are some other documents you may want to look at in relation to the Council's transfer proposal. These include:
Regulatory Code for Housing Associations registered in Wales
Welsh Government Housing Transfer Guidelines 2009
Welsh Government Stock Transfer Tenants' Charter and accompanying guidance
Advice from Dome Consultants, your Independent Tenant Advisor.
Further information can also be obtained from the following:
Council Freephone helpline: 0800 xxxxxx Email: xxxxx Website: www.flintshire.gov.uk
The Welsh Government [ ] www.housing.wales.gov.uk
Public Services Ombudsman for Wales 1 Ffordd yr Hen Gae Pencoed, CF35 5LJ
Tel: 01656 641 150 Fax: 01656 641 199 www.ombudsman-wales.org.uk
Tenants’ Independent Advisor Dome Consultants Freephone helpline: 0800 919 994 Email: TACT@DOME Website: www.domeconsultants.com
Who are TACT@DOME and how were they chosen? TACT@DOME is the organisation providing independent advice to tenants and leaseholders as required by the Welsh Assembly Government. Although the Council is paying for this service, TACT@DOME was selected by Flintshire tenants. If you are concerned about any aspect of the proposal and want a free, independent, impartial opinion, you should contact TACT@Dome or visit their website www.domeconsultants.co.uk
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APPENDIX 5
Part L: The Proposed Assured Tenancy Agreement
This part contains the form of tenancy agreement tenants would have with Dee Housing if tenants vote for transfer to Dee Housing.
This tenancy agreement has been designed to ensure that tenants’ rights are protected if transfer goes ahead and it has been developed in consultation with tenants who attended the TACT@DOME Theme Groups. If transfer goes ahead Introductory Tenants would become assured tenants of Dee Housing from the date of transfer, in exactly the same way and with all of the same rights as secure tenants. In effect for Introductory Tenants the probationary period would come to an end on transfer, even if the period has not run its full twelve month term.
If transfer goes ahead, Dee Housing would give tenants a new Tenants’ Handbook which would explain clauses in the tenancy agreement.
Dee Housing’s proposed new tenancy agreement
A tenancy agreement in substantially this form would be issued as soon as possible after transfer to each transferring secure and introductory tenant except:
where tenants have a valid Possession Order in force against them;
where tenants have been served with a valid Notice of Intention to Seek Possession;
where tenants have ongoing possession proceedings at the time the transfer takes place;
where tenants have been issued with a demotion order;
where Introductory Tenants, only, have been served with a valid notice of possession proceedings.
In these cases, the new Tenancy Agreement would be issued if:
the Possession Order is discharged;
the Notice of Intention to Seek Possession is withdrawn or expires; or
if the tenant complies with a demotion order and the demotion period comes to an end; or
if the Court decides when finally determining the proceedings not to make a Possession Order.
212
In the meantime, these tenants would become tenants of Dee Housing like all other remaining tenants.
Dee Housing would be able to enforce the Possession Orders that the Council had obtained prior to transfer and may also be able to obtain Possession Orders for tenancy breaches where the Council has served notices before the transfer takes place.
Dee Housing would also be able to take action on tenancy debts owed to the Council before the transfer went ahead.
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Assured (non shorthold) tenancy agreement- transferring tenants
Introduction
When you sign a tenancy agreement with Dee Housing you are asked to agree to the conditions of tenancy. It is therefore important that you know and understand what you are agreeing to do. If you are unsure, please ask the housing officer to explain anything you do not understand.
If you breach a tenancy condition, Dee Housing may take steps to end your tenancy. In some circumstances it may apply to the court for an injunction in which the court can order you to keep to your tenancy conditions.
Dee Housing has responsibilities to perform its obligations in the tenancy conditions. The majority of these are responsibilities to keep your home in a reasonable state of repair.
You also have a number of responsibilities which include paying your rent, looking after your home and behaving in a reasonable way, which will not upset other people living near you.
This tenancy agreement is between
The Landlord's name and …..…..…………………………………………………..……..…….. address (we us or our) of …………………………………..……..……..
We are registered with the National Assembly for Wales under Section 3 of the Housing Act 1996
Name of Tenant/s and ……………………………………………………..……..……..
………………………………………..………………………..……..
(the Tenant or you) (In the case of joint tenants, the term Tenant or you applies to each of you and the names of all joint tenants should be written above. Each Tenant individually has the full responsibilities and rights set out in this tenancy agreement.)
Address of property …………… …………………………………………….……..……..
……………………………………………..…….. (your home)
Description of your home …………………………………………………………..……..……..
Charitable status The home that is the subject of this tenancy is owned by an exempt charity.
Support This paragraph only applies where support is provided. Support is granted to facilitate the provision of support for you or a member of your household. The nature of this provision, and your obligations in relation to it, including, if applicable, any obligation to pay for it, are set out in a separate support agreement. Because the provision of support is fundamental to this tenancy, it shall be regarded as a breach of this tenancy if you withdraw from or breach the support agreement, and in the event of such a withdrawal or breach we may take steps to end the tenancy (see
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condition 2.6).
Payments for your home The weekly payments for your home at the start of this tenancy are: (i) rent of £ [(ii) rent arrears of £ payable at £ per week]
Service charge £ £
[Water and sewerage charge £ ]
Supporting People charge £
Total weekly payment £
Permitted number The maximum number of people allowed to live at your home is
The tenancy This tenancy begins on ………………………………… for a week and thereafter weekly until brought to an end, and it is an assured non- shorthold tenancy the terms of which are set out in this tenancy agreement.
Your tenancy makes you an assured tenant. While you are an assured tenant you can keep your home for as long as you want it unless there is a legal reason, and a court agrees that you should be evicted.
SIGNATORIES
Signed on behalf of the landlord…………………………………………………………..……..
I/we have been given an opportunity to read the terms and conditions of this tenancy agreement. I/we understand that I/we should not sign it unless I/we are prepared to agree to keep to the terms and conditions.
Signed by the Tenant…………….…………………………………………………………..……..
………………………………………………………………………………………….……..……..…
If this is a joint tenancy, each Tenant should sign.
Date…………………………………………………………………………………….……..……..…
We are subject to any guidance on housing management practice issued by the Welsh Government and this tenancy is one to which that guidance applies.
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1 Section one – About your tenancy agreement
Your right to occupy your home is at risk if you do not comply with the terms of this tenancy agreement.
1.1 Assured tenancy
This agreement makes you an assured tenant of Dee Housing. Your tenancy is not an assured shorthold tenancy.
1.2 Right to occupy
You have the right to occupy your home without interruption or interference from us for the duration of this tenancy except where:
1.2.1 access is required subject to reasonable notice, to inspect the condition of your home or to carry out repairs or other works to your home or adjoining property; or
1.2.2 we are entitled to possession at the end of the tenancy.
Your right to occupy your home is at risk if you do not comply with the terms of this tenancy agreement or have proper respect for the rights of other tenants and other persons in the neighbourhood.
1.3 Altering the agreement
Except for any changes in rent, service or other charges, this tenancy agreement may be altered only with the written consent of both you and us.
1.4 Preserved rights
So far as possible, we agree to give you the rights in conditions 3.10, 3.11, 3.13, 4.3, 4.4, 6.2, 6.3, and 7.4 as they apply to a secure tenant of a Council landlord and as if Sections 92-101, 104–106 and Schedule 3 of the Housing Act 1985 applied to this tenancy.
2 Section two – Payments for your home
It is important that you pay your rent and other charges when they are due. If you do not, we may apply to the court for possession of your home. Contact us immediately if you are having difficulty making payment.
2.1 Rent and other charges
You must pay the rent and (if applicable) service and other charges and Supporting People Charge weekly in advance on the Monday of each week.
The weekly rent and service and other charges for your home at the start of the tenancy are set out on page [2].
We will collect rent, service charge and any other charges due under this tenancy over [fifty] weeks in each 52 week financial year or 51 weeks in each 53 week financial year (starting 1 April each year). We will tell you at the start of the year which weeks are “non payment” weeks.
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Your obligation to pay rent, service and other charges and any agreed payments towards arrears will continue during the currency of any Debt Relief Order made under the Insolvency Act 1986 (as amended) or any successor legislation and any such payments should accordingly be treated as an allowable expense under any such Order.
2.2 Payment of arrears
If you have any rent arrears and other charges due when this tenancy is granted you agree to pay off those arrears by the week instalments shown on page [2]. If you do not make the payments, we may start court proceedings to end this tenancy.
2.3 Services
We will provide the services set out on page [2] for which you shall pay a service charge. These charges only apply to your home if an amount has been entered against a service on page [2].
We may, after consulting the tenants affected, increase, add to, remove, reduce, or vary the services provided or charges to the services (subject to condition 2.5 below) or introduce new services.
2.4 Changes in rent
We may increase the rent on the [first Monday in April] after this tenancy is granted by giving you not less than one calendar month’s notice in writing. The revised rent shall be the amount set out in a rent increase notice given to you by us.
After the first rent variation under this tenancy agreement we may in accordance with the provisions of Sections 13 and 14 of the Housing Act 1988 increase or decrease the rent by giving you not less than one calendar month’s notice in writing. The notice will specify the rent proposed. The revised rent shall be the amount specified in the notice of increase unless you refer the notice to a Rent Assessment Committee to have a market rent determined. In that case the maximum rent payable for the following year will be the rent so determined.
2.5 Changes in service and other charges
With effect from the first Monday in April after this tenancy is granted we may increase your service charge (if it applies) at any time if we give you at least one month’s notice in writing, but not more than once a year unless there is a change in the services provided.
Each year, we will estimate the sum we are likely to spend in providing services to you over the coming year. That will be the service charge we will ask you to pay for the year.
At the same time, we will work out how much we have actually spent on providing services for you in the previous year. If we have overcharged you, we will reduce your service charge for the coming year. If we have undercharged you, we will increase your new service charge.
We will give you a certificate showing what is included in your service charge. When you receive your certificate you have the right, within six months of receiving it, to examine the service charge accounts, receipts and other documents relating to them and to take copies or extracts from them. We may make a small charge to cover the cost of any copying.
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We can only make reasonable service charges and the services or work we do must be of a reasonable standard. If you believe that your service charge is unreasonable (in terms of the amount charged or standard of work) you may be able to apply to the Leasehold Valuation Tribunal for a decision as to what is reasonable.
2.6 Supporting People Charge (where applicable)
If we provide you with support services (indicated by a charge for ‘Supporting People’ services on page [2] of this tenancy agreement) then those services may include the provision of general counselling and support in relation to all or any of the following:
2.6.1 maintaining the security of your home;
2.6.2 maintaining the safety of your home;
2.6.3 standard of conduct required;
2.6.4 paying the rent;
2.6.5 maintaining your home in an appropriate condition;
2.6.6 giving up the tenancy at the appropriate time;
2.6.7 contact with others to ensure your welfare;
2.6.8 other support services (excluding personal care).
We may vary the support and counselling fees at any time by giving you at least one calendar month’s notice in writing of the new charge. We will usually do this when we increase your rent each year. In varying the support and counselling fees, we will limit any increase in charges for the support services provided with reference to the level of charges approved by the Supporting People Administering Authority.
You agree to accept the level of support services made available to you in order to ensure the necessary standard of independence is achieved.
If, instead of us providing you with support services, a support provider provides you with such support services as are listed in this condition 2.6, then you shall be responsible for entering into a separate agreement with that service provider with respect to the provision of those services and to pay for that support in accordance with that separate agreement and in addition to any rent or service charge which is payable in accordance with this agreement.
2.7 Outgoings
You must meet all outgoings applying to your home including (if applicable) water charges and electric and other costs whether metered or billed.
2.8 Water and sewerage charges
If your rent includes water and/or sewerage charges these will be the actual amount payable to the companies providing those services and will vary when they change the charges.
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3 Section three – Repairs and improvements
We will take reasonable steps to ensure that your personal belongings and furniture are protected during any repair or improvement work undertaken by us at your home. You must remove belongings (including furniture, fittings and furnishings) from the work area before our employees or contractors arrive where we have given you notice that such removal is necessary.
3.1 Repair of structure and exterior
We will keep in good repair the structure and exterior of your home including:
3.1.1 drains, gutters and external pipes;
3.1.2 the roof;
3.1.3 outside walls, outside doors, windowsills, window catches, sash cords and window frames including necessary external painting and decorating;
3.1.4 internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration;
3.1.5 chimneys, chimney stacks and flues but not including sweeping;
3.1.6 pathways, steps or other means of access;
3.1.7 plasterwork;
3.1.8 integral garages and stores;
3.1.9 boundary walls and fences.
3.2 Insurance
We are responsible for insuring the structure of your home, but our insurance does not cover your possessions. You are strongly advised to insure your own possessions with a reputable insurer.
3.3 Repair of installations
We will keep in good repair and proper working order any installation provided by us for space heating, water heating and sanitation and for the supply of water, gas and electricity, including:
3.3.1 basins, sinks, baths, toilets, flushing systems and water pipes;
3.3.2 electric wiring including sockets and switches, gas pipes and water pipes;
3.3.3 water heaters, fireplaces, fitted fires and central heating installations.
3.4 Repair of common parts
We will take reasonable care to keep the common entrance, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their electric lighting,
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in reasonable repair and fit for use by you and other occupiers of and visitors to your home.
3.5 External decorations
We will keep the exterior of your home and any common parts in a good state of decoration and normally to decorate these areas once every five years.
3.6 Internal decoration and minor repairs
You must keep the interior of your home in reasonable and clean condition, to undertake minor repairs and to decorate all internal parts of your home as often as is necessary to keep them in good decorative order.
Some tenants may not be required to undertake repairs or decoration because they are unable to do so. The Tenants' Handbook provides more information on this.
3.7 Reporting disrepair
You must report to us promptly any disrepair or defect for which we are responsible in your home or the common parts.
3.8 Access
You must allow our employees or contractors acting on our behalf access at reasonable times and subject to reasonable notice to inspect the condition of your home or any installations or to carry out repairs or other works to your home or adjoining property (we will normally give at least [three] days' notice but more immediate access may be required in an emergency).1
3.9 Damage
You must make good any damage to your home or our fixtures and fittings or to the common parts caused by you or any member of your household or any visitor to your home, fair wear and tear excepted. If you do not, we may do the work and require you to pay us the reasonable costs which we have reasonably incurred.
3.10 Right to make improvements
You may make improvements, alterations and additions to your home including putting up a television or radio aerial, satellite dish, earth wire, shed, greenhouse, pigeon loft or garage, external decoration and additions to, or alterations in, our installations, fixtures and fittings, provided that you have first obtained our written consent and all other necessary approvals (for example, planning permission or building regulations approval). We will not refuse our consent unreasonably, but may make it conditional upon the works being carried out to a certain standard. Failure to seek our consent or to comply with our conditions shall be a breach of your obligations under this tenancy.
3.11 Right to compensation for improvements
1 Originally this stated 24 hours' notice. Tenants requested five days. A compromise position of three days is provisionally inserted, subject to agreement by officers/maintenance teams.
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You have the right to claim compensation for certain improvements which you have made to your home after a certain date. You can only apply for compensation when your tenancy ends. We will give you full details of the scheme and the qualifying improvements upon request.
3.12 Repair timescales
We will do repairs within a reasonable time. We will publish a repairs policy which will set target timescales for different categories of repair. We will consult tenants before we change the policy or the timescales.
3.13 Right to repair
You have the right to have certain urgent minor repairs done quickly and at no cost to you where the repair may affect health, safety or security, and where the repair has not been completed within a specified timescale. We will give you full details of the Right to Repair Scheme including a schedule of qualifying repairs upon request. Under the Right to Repair Scheme, we must pay you compensation if qualifying repairs are not done within set timescales.
4 Section four – Using your home
4.1 Use of your home
You must use your home for residential purposes, as your only or principal home and not to operate any business at your home that might cause a nuisance or annoyance to other persons in the neighbourhood.
4.2 Overcrowding
You must not to allow more than the number of persons shown on page [3] to live at your home.
4.3 Lodgers
You may take in any persons as lodgers as long as you do not grant a sub-tenancy or exceed the number of people allowed to live in your home (see page [3]).
You do not need our consent before taking in lodgers although we will ask for the name, age and sex of the intended lodger and of the accommodation he or she will occupy.
4.4 Sub-letting
As long as you first get our written consent, you may sublet part of your home. We may give consent subject to reasonable conditions.
You must not grant a sub-tenancy of the whole of your home.
4.5 Absence from your home
You must inform us, in writing and if possible in advance, if you are or expect to be absent from your home for four weeks or more (this is so we know you have not abandoned your home).
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5 Section five – Responsibilities to the community
Your right to occupy your home is at risk if you do not have proper respect for the rights of other tenants and other persons in the neighbourhood
If you report nuisance or harassment we will give you help and advice. We will investigate your complaints and decide what action to take. Where there is harassment or victimisation we will aim to respond quickly.
5.1 Nuisance
You must not cause, nor allow members of your household or visitors to cause, a nuisance or annoyance to other persons in the neighbourhood or to any of our tenants, agents, employees or contractors.
Examples of nuisance include (but are not limited to):
loud music or loud noise from a TV, radio, hi-fi or musical instruments
loud arguing and shouting and door slamming
dog barking and fouling
dumping of rubbish
5.2 Harassment
You must not commit, nor allow members of your household or invited visitors to commit, any harassment, or threat of harassment, on any ground including on grounds of race, colour, religion, age, sex, sexual orientation or disability that may interfere with the peace and comfort of, or cause offence to, other persons in the neighbourhood or to any of our tenants, employees, agents or contractors.
5.3 Illegal or immoral use
You must not use, not allow members of your household or invited visitors to use your home or the common parts of flats or the locality for illegal or immoral purposes.
Examples of illegal or immoral purposes include (but are not limited to):
vandalism of property
prostitution
use, possession, storage, cultivation, supply or distribution of illegal drugs
receipt or storage of stolen goods
5.4 Noise
You must not allow excessive noise of any kind. In particular you must not play, nor to allow to be played, any radio, television, record or tape recording or musical instrument so loudly that it causes a nuisance or annoyance to other persons in the neighbourhood or can be heard outside your home between the hours of 11.00pm and 8.00am.
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5.5 Pets
It will not be appropriate for pets to be kept at certain properties. Our policy document [ ] identifies those properties where pets will not normally be allowed. In circumstances where pets are allowed, you must keep under control any animals kept at your home and not to keep any animal that might damage your home or cause a nuisance or annoyance to other persons in the neighbourhood.
5.6 Vehicles
Cars must not be parked on a footpath, crossing, grass verge or paved area in the locality or anywhere on your property except on a properly constructed driveway or paved area intended for parking.
Regular major car repairs must not be undertaken at your home or in the area around your home. This does not prevent occasional incidental repairs to cars for personal use.
5.7 Roadways
Neither you, nor members of your household or invited visitors should block local roadways and other vehicular access, and should instead keep them, and car parking spaces, clear of unroadworthy vehicles and other obstructions. Cars must not be parked anywhere within your home unless there is a properly constructed hardstanding.
5.8 Garden
You must keep your garden tidy. The grass must be cut regularly and the hedges trimmed and kept at a reasonable height. Trees and shrubs must be kept pruned. You must not remove any trees, boundary hedges, fences or walls without our prior written consent. You must not alter or remove any of the paths or steps surrounding or leading to your Home without our prior written consent.
6 Section six – Keeping each other informed
6.1 Housing management
We will provide you with information on our housing management policies as required by the guidance issued by the Welsh Government.
6.2 Right to consultation
We will consult you, on matters affecting your home and your tenancy, before making changes in matters of housing management or maintenance which are likely to have a substantial effect on your tenancy.
6.3 Right to information
You have a right to information from us about the terms of this tenancy and about our repairing obligations, our policies and procedures on tenant consultation, housing allocation and transfers, and our performance as a landlord.
6.4 Complaints
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We will establish a procedure for dealing with complaints raised by you on any matter arising from this tenancy. The procedure shall operate in accordance with the requirements of the Welsh Government as laid down from time to time. We will provide you with details of the scheme at the beginning of the tenancy and inform you of any changes.
6.5 Service of notices
This condition gives you notice under Section 48 of the Landlord and Tenant Act 1987 that our address for receiving legal notices, and any other communication arising from this tenancy agreement, is:
…………………...……………….………………………….………………….……..……..……..
Any legal notice, or any other communication arising from this tenancy agreement, shall be validly served on you if posted or delivered to or left at your home or last known address.
7 Section seven – Transferring your home to someone else
7.1 Succession - general
If you die, certain people, who are specified in condition 7.2 below, may succeed to this tenancy. Conditions 7.1 to 7.3 will not apply if you have already twice succeeded to a tenancy (either under condition 7 in this tenancy or similar succession conditions in a previous tenancy which we granted).
If you were granted this tenancy on the transfer of your home from Flintshire County Council to us, we will not take account of any successions before the date of the transfer.
We will normally only allow two successions. We may allow further successions, at our discretion.
When there is a second succession, if your home is larger than the needs of the second successor or has been provided or adapted for an elderly or disabled person and the second successor is not elderly or disabled, they will be offered suitable alternative accommodation.
7.2 People entitled to succeed to this tenancy
7.2.1 If you are a joint tenant and you die then the tenancy may continue in the name of the remaining tenant.
7.2.2 If you are not a joint tenant and you die, the tenancy may pass to your wife, husband, civil partner or partner (this includes same sex couples) provided he or she lived with you in your home as their principal or only home at the time of your death.
7.2.3 If you are not a joint tenant and you do not have a wife, husband, civil partner or partner (this includes same sex couples) who lived with you in your home as their principal or only home immediately prior to your death, the tenancy may pass to a member of your family who lived with you in your home (as their principal or only home) for at least 12 months prior to your death.
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If more than one member of your family has a right to the tenancy they should agree who will claim it. If they cannot agree, they should all make a claim to us in writing within three months of your death and we will decide to whom we will offer the tenancy. We will advise who the successful claimant was to everyone who makes such a claim.
7.3 Special succession rights
If inheritance rules do not allow someone who qualifies under condition 7.2 above to take over this tenancy, we may use Ground 7 to end this tenancy agreement and grant that person a new tenancy of your home. If your home has been specially adapted and no one living in your home needs that adaptation or if your home would be larger than the person entitled to a new tenancy reasonably requires, we may offer them a tenancy of a more suitable home owned by us. The new tenancy will be on the same terms as this tenancy other than in relation to rent, service charge and succession.
7.4 Right to exchange2
You have the right to exchange this tenancy by way of assignment with that of another assured periodic or secure tenant of a registered housing association or a local authority subject to first getting our written consent. We will only refuse consent in the same circumstances where a council landlord would be able to refuse consent.
You must not charge any fee or other sum in relation to an exchange of this tenancy.
7.5 Assignment
You must not assign this tenancy except in accordance with the terms of a court order or with our written consent when exercising the right to exchange set out in condition 7.4 above, or when assigning the tenancy to someone that would have been qualified under condition 7.2, above to succeed to the tenancy if you had died.
8 Section eight – Your right to buy your home
8.1 Preserved Right to Buy
As long as you qualify under the legislation, you have the preserved right to buy your home under the Housing Act 1985 and the Housing (Preservation of Right to Buy) Regulations 1993 as amended.
If you were an Introductory Tenant of the Council immediately before we became your landlord, we will give you a right to buy your home as far as possible on the same terms as the preserved right to buy.
If you die, the person who takes over the tenancy under the succession rights in condition 7.1 above will also take over your preserved right to buy (if you had that right).
You will not be able to exercise the right to buy your home if you live in sheltered housing, or other housing excluded from this legislation.
2 This right will apply to exchanges both within Wales or to England (so long as the tenants qualify and relevant conditions are met).
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To avoid doubt, if you became the tenant under this Tenancy Agreement following an exchange (under condition 7.4 above), you do not have a preserved right to buy unless you had that right under a previous tenancy which we granted to you.
8.2 Right to acquire
You have the right to acquire your home under the Housing Act 1996, unless you live in sheltered housing or other housing excluded from this right by that legislation, in which case you will not be able to exercise this right.
9 Section nine – Ending your tenancy and leaving your home
9.1 How you can end this tenancy
If you wish to end this tenancy, you must give us at least four weeks’ notice in writing.
9.2 How we may end your assured tenancy
You shall remain an assured tenant so long as you occupy your home as your only or principal home. We can end a periodic assured non-shorthold tenancy by obtaining a court order for possession of your home on one of the grounds listed in Schedule 2 to the Housing Act 1988. We may also apply for a demotion order under Sections 6A and 20B of the Housing Act 1988 (as amended by the Anti-Social Behaviour Act 2003).
If we intend to seek a demotion order we will give you two weeks’ notice in writing unless the Court has allowed us to go ahead without serving notice on you.
If we intend to seek possession of your home, as long as this tenancy has not been demoted, we will give you four weeks’ notice in writing unless:
9.2.1 we are using grounds 14 or 14A when the notice may be less than four weeks; or
9.2.2 we are using grounds 7, 9 or 16 when we will give two months’ notice; or
9.2.3 the Court has allowed us to go ahead without serving notice on you.
We agree that, unless this tenancy has been demoted, we will only serve a notice (or ask the court to allow us to go ahead without serving notice) and seek possession of your home on the grounds and in the circumstances set out in section 10 below. We will not use grounds 1-6, 8 or 11 to end this tenancy (these grounds are summarised at the end of section 10 below).
If this tenancy has been demoted, we may ask the Court to make a possession order under other provisions of the Housing Act 1988. These give the Court limited rights to refuse a possession order.
9.3 Injunctions
As well as seeking a possession and/or a demotion order, we can ask the Court for an injunction, which may include a power of arrest and an exclusion order to make you comply with or stop breaching any terms of this tenancy or where you use your home for
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unlawful use. We may also apply for an injunction against an individual who engages in antisocial behaviour.
9.4 Cessation of assured tenancy
If the tenancy stops being an assured tenancy (for example if you stop living in your home as your only or principal home) we may end the tenancy by giving you four weeks’ notice in writing.
9.5 Moving out of your home
You must give us vacant possession and return the keys of your home at the end of the tenancy and to remove all furniture, personal possessions and rubbish and leave your home and our fixtures and fittings in good lettable condition and repair (subject to fair wear and tear). We do not accept any responsibility for anything you leave at your home at the end of the tenancy.
At the end of your tenancy you will be responsible for meeting all reasonable removal and/or storage charges when items are left at your home. We will remove and store them for a maximum of one month. We will notify you at the last known address. If the items are not collected within one month you agree that we may dispose of the items and you will be liable for the reasonable costs of disposal.
10 Section ten – Grounds for possession
Schedule 2 of the Housing Act 1988 - Grounds for Possession of Dwelling-houses let on Assured Tenancies
Part 1 Grounds on which Court must Order Possession
Ground 7
The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than 12 months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant's death.
For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.
We will only seek to recover possession of your home on this ground in the circumstances explained in clause 7.3.
Part 2 Grounds on Which Court may Order Possession
Ground 9
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Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
We will only seek to recover possession of your home on this ground if in addition we can show that:
(a) we intend within a reasonable time of obtaining possession to demolish, reconstruct or refurbish your home and/or the building of which your home forms part or an adjoining or adjacent building and cannot reasonably do so without obtaining possession; or
(b) your home has features which are substantially different from those of ordinary homes which are designed to make them suitable for occupation by a physically disabled person who requires accommodation of a type provided by your home and no person residing in your home any longer does so and we require your home for occupation by such a physically disabled person; or
(c) your home is one of a group of homes which it is our practice to let for occupation by people with special needs and a social service or special facility is provided near to the group of homes in order to help people with those special needs, and no other person with those special needs any longer resides in your home and we require your home for occupation by a person who has those special needs; or
(d) your home is Overcrowded (within the meaning of Part X of the Housing Act 1985) in such circumstances as to render the occupier guilty of an offence; or
(e) premises were made available to you on a temporary basis so that works could be carried out to your property on the understanding that on completion of the works you would move back into your property. The works have been completed and you have failed to return to your own property; or
(f) a member of your family (not your spouse or civil partner or partner or a joint tenant) succeeded to your tenancy and the accommodation offered by the property is more extensive than is reasonably required by the person succeeding to the tenancy provided that notice of proceedings for possession have been served (or where no notice has to be served that proceedings for possession have been begun) more than six months but less than 12 months following the date of your death. Before deciding whether or not it is reasonable to take action under this clause we will consider the following matters:
i the age of the person succeeding to your tenancy;
ii the period during which the person succeeding to your tenancy occupied the property with you as their only or principal home;
iii any financial or other support given to you by the person succeeding to your tenancy.
Ground 10
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Some rent lawfully due from the tenant:
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Ground 12
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 13
The condition of the dwellinghouse or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwellinghouse and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
For the purposes of this ground, "common parts" means any part of a building comprising the dwellinghouse and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwellinghouses in which the landlord has an estate or interest.
Ground 14
The tenant or a person residing in or visiting the dwellinghouse:
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality; or
(b) has been convicted of:
iv using the dwellinghouse or allowing it to be used for immoral or illegal purposes; or
v an indictable offence committed in, or in the locality of, the dwellinghouse.
Ground 14A
The dwellinghouse was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other, a couple living together as husband and wife or a couple living together as if they were civil partners and:
(a) one or both of the partners is a tenant of the dwellinghouse;
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust;
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(c) one partner has left the dwellinghouse because of violence or threats of violence by the other towards:
i that partner; or
vi a member of the family of that partner who was residing with that partner immediately before the partner left; and
(d) the court is satisfied that the partner who has left is unlikely to return.
For the purposes of this ground "registered social landlord" and "member of the family" have the same meaning as in Part I of the Housing Act 1996 and "charitable housing trust" means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.
Ground 15
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwellinghouse and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
Ground 16
The dwellinghouse was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
For the purposes of this ground, at a time when the landlord is or was the Secretary or State, employment by a health service body, as defined in Section 60(7) of the National Health Service and Community Care Act 1990 or by a Local Health Board, shall be regarded as employment by the Secretary of State.
Ground 17
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by:
(a) the tenant; or
(b) a person acting at the tenant's instigation.
Summary of Housing Act 1988 grounds for possession that Dee Housing will not use under this tenancy agreement:
Ground 1: The landlord used to live in the property as their home, and they are returning to it Ground 2: The property is subject to a mortgage and the lender is selling/disposing of it Ground 3: The property was previously used as a holiday let Ground 4: The property was previously used for student accommodation Ground 5: The property is required for a minister of religion to live in
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Ground 6: It is intended that the property will be substantially redeveloped Ground 8: Eight weeks' rent is unpaid at the date of the NOSP and of the hearing Ground 11: The tenant has persistently delayed in paying their rent
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APPENDIX 6
LLeeaasseehhoollddeerr iinnffoorrmmaattiioonn oonn FFlliinnttsshhiirree CCoouunnttyy CCoouunncciill’’ss hhoouussiinngg ttrraannssffeerr pprrooppoossaall
Important information about the future of your home
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Formal Leaseholder Consultation
A message from Colin Everett, Chief Executive, Flintshire County
A message from Colin Everett, Chief Executive, Flintshire County Council
Dear Leaseholder,
Consultation on a proposal to transfer of Flintshire Country Council’s housing to Dee Housing
Colin Everett Chief Executive, Flintshire County Council
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Formal Leaseholder Consultation
Contents
Section Description Page No.
1 The Council’s Housing Transfer Proposal 4
2 Information on the transfer proposal for 4 leaseholders
3 The Council’s position 5
4 Meeting the Welsh Housing Quality Standard 6
5 Non-traditional homes 7
6 Major works 10
7 Delivering better local services 11
8 Tackling anti-social behaviour 12
9 Improving the environment 14
10 Involving You in the running of the services 17
11 Monitoring the quality of service 24
12 Economic impact of housing investment 25 27 13 Payment for service charges 28 14 Your right to comment
15 Other Useful Information and contacts 29
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1. The Council’s Housing Transfer Proposal
Like all council and registered social landlord homes in Wales, Flintshire’s Council homes must be brought up to the Welsh Housing Quality Standard (WHQS). The Council aims to provide good quality, well-managed and well- maintained homes at an affordable rent. The Council would meet WHQS for all homes if sufficient funds were available. Due to limited funds the Council will not be able to fund all the repairs and improvements needed to bring all the homes up to the WHQS in a timescale which meets Welsh Government aspirations. At the moment 26 of the 7,443 homes owned by the Council fully meet the WHQS.
The Council is proposing a transfer of all its homes to a new, not-for-profit and independent housing organisation called Dee Housing Limited (Dee Housing). Dee Housing would be a new, independent, Community Housing Mutual Registered Social Landlord (RSL). Dee Housing is a new not-for-profit independent housing organisation based in Flintshire. If the transfer goes ahead, Dee Housing would apply to become a Registered Social Landlord so it would be registered with and regulated by the Welsh Government.
This document has been designed to provide leaseholders with details on how the proposal would affect them should transfer go ahead. Whilst there is no statutory requirement to consult with leaseholders, the Council values your views and opinions and would appreciate any comments you may have.
The Council is required to meet the Welsh Housing Quality Standard (WHQS) by 2012 or as soon as possible thereafter. The WHQS states that every home in Wales must be:
In a good state of repair Safe and secure Adequately heated, fuel efficient and well insulated Fitted with up-to-date kitchens and bathrooms Located in attractive and safe environments Well managed As far as possible suit the specific requirements of the household e.g. where adaptations are needed because of a disability.
2. Information on the transfer proposal for Leaseholders
A formal consultation document (known as the Choices Document) has been prepared for the Council’s secure and introductory tenants (people who rent their homes). The Council has a legal duty to formally consult tenants providing them with details of its proposal. All leaseholders will receive a copy of the Choices Document.
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If tenants vote in favour of transfer, the Council would need to obtain the Welsh Government’s consent before the transfer can take place. If the transfer goes ahead, the Council’s homes and the housing service would transfer to Dee Housing. The transfer would be likely to happen in 2013. If there is a vote to stay with the Council, the housing stock would remain with the Council, including housing services and staff.
As you bought your home, your legal rights are set out in your lease and are protected by legislation. The housing transfer proposal would not change your rights as a leaseholder. If the transfer goes ahead, you and the other leaseholders would continue to occupy your present homes and would retain all of your existing rights and responsibilities as set out in the lease granted by the Council.
Dee Housing would be your new landlord (or the freeholder) and would comply with the landlord’s legal obligations under the terms of your lease. Leaseholders would not be affected by the transfer to the same extent as tenants but the Council recognises that you may have concerns particularly about standards of work and value for money.
Tenants will be asked to vote on the proposals contained in the Choices Document in February 2012. There is no statutory requirement to have a ballot for the leaseholders as they cannot legally be given the same right to vote. Nonetheless, the Council would like to know your views.
If transfer takes place, Dee Housing will own the building of which your property is part. Dee Housing would be bound by the provisions of your lease with the Council and you will pay your service charge and any other charges which you are required to pay under your lease to Dee Housing. As a leaseholder, you would also retain all of your statutory rights.
If tenants vote to stay with the Council, the Council will continue to be bound by the provisions of your lease with the Council and you will continue to pay your service charge and any other charges which you are required to pay under your lease to the Council. You would also retain all of your statutory rights.
3. The Council’s Position
In February 2009, Flintshire County Council decided it could not ensure it could meet and maintain the set Welsh Housing Quality Standard (WHQS) for all its homes in the timeframe set by the Welsh Government.
The Council is therefore putting a proposal to tenants to transfer to Dee Housing, a new, not-for-profit registered social landlord which the Council and tenants has helped to set up.
The Council is not seeking to promote a particular result and believes that it is tenants’ decision to decide the future of their homes. There is a choice or
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Council tenants to make when the secret ballot takes place – either to vote in favour of transfer or not.
The Council is well aware that many of its homes need modernising and improving. It has had a stock condition survey carried out by an independent firm of surveyors which shows the amount of work needed and how much it is likely to cost.
4. Meeting the Welsh Housing Quality Standard
What did the independent stock condition survey show?
Projections based on the results of the independent stock condition survey show that a total of around £467 million needs to be spent on Council homes over the next 30 years to reach the WHQS and maintain this standard. The survey shows that over £166 million needs to be spent over the first five years to meet the WHQS and to fund other improvements.
The survey found that whilst the Council has maximised investment in the homes, they have been unable to provide all the resources to bring all the homes up the Welsh Housing Quality Standard. Substantial improvements and investment are required:
A significant programme is required to replace older central heating systems in the next five years Kitchens and bathrooms are basic and need modernising Over half the homes need rewiring in the next five years A significant programme of re-roofing is required A significant programme re-rendering and re-pointing is required Paths, driveways, fencing have not been a priority for the Council and a programme of replacement is required. Non-traditionally built homes such as the Flint flats and maisonettes require substantial investment including overcladding. Environmental works to meet WHQS would include improved security measures, improved parking; improved lighting and landscaping.
How much money would the Council be able to invest in improving homes?
The Council estimates that as things stand it would have around £49 million available to spend on modernisation and improvements over the five years from 2013.
How much money would Dee Housing be able to invest in improving homes?
Dee Housing could afford to, and would plan to spend all the £166 million required to meet the WHQS within five years of transfer.
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How do the two options compare?
The table below lists the main improvements that the Council would plan to carry out to homes over the five years from 2013 if it retains ownership of the homes and things remain as now, compared to the main improvements Dee Housing would plan to carry out to homes in the first five years following any transfer.
Type of improvement Staying with the Council Transferring to Dee Housing Approximate number of Approximate number of homes that would benefit homes that would benefit from improvements over from improvements in the five years 2013 - 2018 first five years after transfer 2013 - 2018 New kitchens 4,880 4,880 New bathrooms with 1,300 6,050 showers New double glazed Essential work 1,000 windows only New boilers and/or heating 3,500 3,550 systems Rewires with additional Essential work 6,100 sockets only Smoke detectors 4,667 4,667 New front and back doors Essential work 3,000 only External wall repairs Essential work 5,000 only New roofs Essential work 2,000 only External works Essential work 5,000 only Structural improvements to Essential work £10.5 million non-traditional homes only Environmental Essential work £7.4 million improvements only Disabled adaptations £5m £5m
5. Non-traditional homes
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The Council has around 591 non-traditional homes, mainly the high-rise flats and maisonettes in Flint, but also a few in other areas:
Property Type Number of Properties Airey houses 35 Easiform houses 73 Various timber houses 5 System-built maisonettes 12 blocks, 214 properties High-rise blocks 3 blocks, 264 properties
What are the Council’s plans for the Flint maisonettes?
There has long been a local ambition to regenerate the centre of the town of Flint. Following comprehensive consultation with tenants in the Flint maisonettes, the Council has with the support of the majority of tenants, decided that the Flint maisonettes are not suitable or sustainable for modern- day living and that these properties will be demolished to make way for a regeneration scheme including a mixed development of new housing for those who want to rent or buy. There would also be enhanced public services and additional retail units provided.
If tenants vote to stay with the Council then the Council will continue with its proposals to regenerate Flint. The Council intends to take a decision to re- house people in the maisonettes so that the redevelopment can take place. It is anticipated that this will take place early in 2012. At that point tenants would receive priority for re-housing in either council stock or housing association properties. (This would be a choice for individual tenants). In addition tenants would qualify for home loss payments and disturbance payments so the costs of moving would be covered. The final regeneration proposals would be developed in consultation with tenants, other residents, local businesses and local service providers and the Council will need to have agreed funding in place before they can come to fruition.
The Council would have nomination rights for any new homes developed so ensuring that local housing need is met. Those tenants who want to live in the new homes provided in Flint may need to move twice during the redevelopment, once to vacate their maisonette and then again when the new homes were built. There are expected to be fewer homes in the new development than there are at present so not all tenants will be able to move back and a home loss payment will only be made once.
This will be a long term regeneration plan perhaps taking 5 or more years to achieve and funded by private developers, Housing Associations and the Council.
Dee’s Housing’s approach to Flint maisonettes
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If tenants vote for their homes to transfer to Dee Housing, then Dee Housing will work with the Council to support delivery of the regeneration proposals for Flint town centre.
Dee Housing would work closely with the council to rehouse tenants from the maisonettes in a sensitive, phased and planned way. Tenants would receive the same home loss and disturbance payments as they would if they vote to stay with the council. The Council would have the same nomination rights for any new homes developed so ensuring that local housing need is met. Just like the Councils commitment Dee Housing would work to accommodate those tenants who want to live in the new homes provided in Flint, but to achieve this people may need to move twice during the redevelopment, once to vacate their maisonette and then again when the new homes are built. There are expected to be less homes in the new development than there are at present so not all tenants will be able to move back and a home loss payment will only be made once.
Dee Housing would plan to build approximately 150 new affordable homes across the County within ten years of transfer and would have resources in its business plan to support the provision of new and improved affordable housing. In consequence, it is intended that Dee Housing would be an important partner, along with other housing associations and private sector partners, in the regeneration of Flint town centre and the maisonettes. Should tenants vote for their homes to be transferred to Dee Housing, there would be negotiation between the Council and Dee Housing prior to the stock transfer actually proceeding, to agree the role that Dee Housing would take in the regeneration plan for Flint and to make sure that the resources were available to meet this commitment.
Flint High-rise blocks and other non-traditional homes
The regeneration proposals for Flint town-centre do not include the three high-rise blocks and these homes will remain regardless of the outcome of the ballot.
These three blocks require a range of external repairs as well as internal improvements to bring all three blocks and all the flats up the Welsh Housing Quality Standard. External repairs include:
Comprehensive concrete repair programme Renewal of the mastic in the panel joints and roof finishes New insulated roof systems Application of an over-cladding system to improve thermal performance and provide weather proofing.
The cost of this external work for all three high-rise blocks is around £4 million. In addition, improvements are required to individual flats to bring them up to standard.
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Of the remaining non-traditional homes, 76 require structural improvements to bring them up to standard and provide them with a thirty-year life. In addition, all these homes require a range of internal improvements to bring them up to the Welsh Housing Quality Standard.
What are the Council’s plans for the Flint high-rise blocks and other non-traditional homes?
If tenants vote to stay with the Council, the Council has decided to spend its capital programme on renewing kitchens, central heating systems and smoke detectors where required as well as planning to renew 1,300 bathrooms where required. Homes in the high-rise blocks and other non-traditional homes would have these elements improved by the Council, where required.
The Council has not planned to invest any money in other elements or on the external works required on the three high-rise blocks, but would also have a total of £2.5 million over the five year period for all homes in the County for urgent replacements to its homes, including essential health and safety items. If tenants decide to stay with the Council, the Council would draw up plans to spend this money on improvements.
What are Dee Housing’s plans for the Flint high-rise blocks and other non-traditional homes?
If tenants vote for transfer, Dee Housing would improve all these non- traditional homes in the high-rise blocks and elsewhere to the Welsh Housing Quality Standard within five years of transfer. Where required, homes would receive new kitchens, bathrooms, roofs, double-glazing, heating systems, rewires, smoke detectors, new doors and external wall repairs.
The business plan for Dee Housing also includes the £4 million required to improve the external structures of the three high-rise blocks including concrete repairs, new roofs and external cladding to significantly improve energy efficiency.
In addition Dee Housing would improve the structures of all other unimproved non-traditional homes including installation of new cavity construction masonry (Airey houses), concrete repairs and new insulation and render systems (Easiform houses), together with comprehensive improvements to the remaining unimproved timber houses.
Dee Housing also has significant resources for environmental improvements and these would be designed and agreed with residents following consultation.
6. Major Works
Both the Council or Dee Housing would ensure that all required notices under the Commonhold and Leasehold Reform Act 2002, would be served on all leaseholders. Under this Act, leaseholders have the right to be consulted
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prior to any improvements or repair work, where the leaseholders would be expected to pay more than £250. Consultation would be in accordance with statutory requirements.
The Council or Dee Housing would also consult leaseholders on any long term arrangements (longer than 12 months) that it proposes to enter into, just as the Council does now, where individual contributions from leaseholders are likely to be more than £100 per year. The purpose of the consultation is to help leaseholders plan for the future costs. Under the consultation process, leaseholders would be given:
Details of the work proposed and the likely cost. The opportunity to nominate contractors who may be included in the tender process (depending on the nature of the work or services being tendered). The name and contact details of the officer supervising the contract.
7. Delivering better local services
Both the Council and Dee Housing have considered the views and priorities of tenants and leaseholders from the consultation and, depending on the outcome of the ballot, plan to improve services in a number of key areas. The table below sets out the key service improvements that the Council or Dee Housing would provide:
Staying with the Council Transferring to Dee Housing (assuming transfer by April 2013)
The Council is committed to improving Dee Housing would be committed to improving housing services year on year as it does housing services year on year and would have now. around £2.6m of additional money available to spend on service improvements after transfer each year.
The Council makes tackling all forms of Dee Housing would make tackling all forms of anti-social behaviour a high priority and anti-social behaviour a high priority and would would create a dedicated ASB team of create a dedicated ASB team of four officers three officers by April 2013. within six months of transfer.
The Council cannot guarantee that there Dee Housing would improve the grounds would be additional resources to improve maintenance service including collecting grass the grounds maintenance service or to cuttings at sheltered housing schemes and enhance the current free gardening would provide an additional £50,000 a year to service for elderly, disabled and enhance the current free gardening service for vulnerable tenants, The Council would elderly, disabled and vulnerable tenants consult tenants and could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge.
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The Council would aim to improve Dee Housing would aim to improve communication with tenants and communication with tenants and leaseholders leaseholders and make services more and make services more accessible accessible
The Council would expand the current Dee Housing would expand the current Tenant Tenant and leaseholder Participation and leaseholder Participation Team from three Team from one officer to three officers by officers to eight officers within six months of April 2012. transfer.
The Council cannot guarantee that there Dee Housing would set aside around £7.4m in would be additional resources to spend total over the first 5 years after transfer to spend on environmental improvements over the on general environmental works in consultation next five years. with tenants. The Council cannot guarantee that there Dee Housing would set aside around £1.5m in would be additional resources to spend total over the first five years for additional car on additional car parking over the next parking. five years. The Council cannot afford to build any new homes within the foreseeable future, Dee Housing plans to develop approximately but regardless of the outcome of the 150 new affordable homes within ten years of ballot it will continue to work with Housing transfer to help deliver the County’s objective of Association and private sector partners to increasing the amount of affordable housing provide new homes for rent and sale available for local people. (See page 27) across the County. (See Page 27)
8.Tackling Anti-Social Behaviour and Crime
Anti-social behaviour is a problem that affects all parts of a community and can have a significant impact upon the quality of life of those affected. The Council or Dee Housing would aim to promote a safe and secure environment for tenants. Depending on the outcome of the ballot, the Council or Dee Housing would tackle the problems caused by anti-social behaviour and would plan to take the following action as appropriate:
Deal with anti-social behaviour in a firm but fair manner, aiming to discourage such behaviour from occurring in the first instance. Give clear information and advice on what tenants can do to help deal with anti-social behaviour, focussing on practical ways of resolving problems. Enforce the terms of tenancy agreements as appropriate. Provide appropriate support to tenants reporting anti-social behaviour and assist them if they are asked to give evidence in court. Assess the support needs of tenants and where appropriate, making a referral to a supporting agency so that the tenancy be successfully maintained. Develop expertise and best practice in dealing with anti-social behaviour problems and gather evidence to help ensure successful court action. Share information with the Police and other agencies to tackle problems and the perpetrators of anti-social behaviour.
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Work with tenants, local residents, the Council and the police and other agencies to identify local solutions for local problems.
The Council or Dee Housing would plan to use the full range of remedies available against offenders of anti-social behaviour including where appropriate:
Taking early and firm action in relation to enforcing the tenancy Independent mediation Injunctions Acceptable behaviour contracts Anti-social behaviour orders Possession action and evictions when necessary as a last resort.
What would the Council or Dee Housing do to help prevent anti-social Behaviour?
Dee Housing and the Council both recognise that preventing anti-social behaviour is as important as tackling it where it occurs. The Council or Dee Housing would adopt appropriate measures to help prevent anti-social behaviour from occurring. These could include:-
Using starter tenancies (assured short-hold tenancies for the first 12 months of a new tenancy with Dee Housing) Clearly explaining obligations under the new tenancy to all new tenants and highlighting potential consequences of breaching the tenancy agreement Supporting new tenants during the first six weeks of their tenancy to check they have settled in and there are no unresolved issues Working to find the causes of anti-social behaviour and dealing with them. Carrying out regular estate walkabouts to make contact with local residents to understand where and why problems occur Sending a clear message to those who cause nuisance and annoyance to others that it will not be tolerated.
What would the Council provide?
If tenants decide to stay with the Council, it would continue to respond to anti- social behaviour complaints through its Area Housing Officers. The Council also plans to establish a dedicated, specialist Anti-Social Behaviour Team to support its Area Housing Officers. The Council would plan to have this team of three officers (including two new posts) set up by April 2013.
The new team would work solely on tackling anti-social behaviour and ensuring that tenants are responded to quickly and that the appropriate action is taken to stop anti-social behaviour and prevent its reoccurrence wherever possible. The Anti Social Behaviour Team would provide a specialist service supported by housing officers and would have the full range of remedies
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available to tackle anti-social behaviour. It would work in close partnership with tenants, local residents, the police, and other agencies to tackle any problems affecting tenancies. A formal compact agreement will be put in place to make sure all agencies are working together effectively to address concerns.
What would Dee Housing provide?
Because tackling anti-social behaviour is a high priority for tenants in Flintshire, Dee Housing plans to expand the specialist team to four officers (one extra post) to support Area Housing Officers deal with cases of anti- social behaviour and harassment, including supporting victims.
The new team would be introduced within six months of transfer and would work solely on tackling anti-social behaviour and ensuring that tenants are responded to quickly and that the appropriate action is taken quickly and effectively to stop anti-social behaviour and prevent its reoccurrence wherever possible. The Anti Social Behaviour Team would provide a specialist service supported by housing officers and would have the full range of remedies available to tackle anti-social behaviour.
It would work in close partnership with tenants, local residents, the Council, the police, and other agencies to tackle any problems affecting tenancies. A formal compact agreement would be put in place to make sure all agencies are working together effectively to address concerns.
9. Improving the environment
How would the Council improve the local environment?
a) Environmental improvements
If tenants decide to stay with the Council, the Council cannot guarantee that it would have resources for security and environmental improvements as it has prioritised kitchen renewals, central heating systems, bathroom replacements and smoke detectors over the next five years.
b) Car parking
If tenants decide to stay with the Council, the Council cannot guarantee that it would have resources to create additional car parking facilities for Council tenants as it has prioritised kitchen renewals, central heating systems, bathroom replacements and smoke detectors over the next five years.
If tenants decide to stay with the Council, the Council would review the use of underused garage sites and rationalise their provision, just as they do now.
c) Grounds maintenance and gardening service
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If tenants decide to stay with the Council, the Council would continue to work with Age Cymru to develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including council tenants. There would be no charge for tenants who are eligible for the gardening service.
The Council would also continue its successful partnership with Deeside College to offer a decorating service for Council tenants and if tenants are willing to pay a service charge, plans to extend the service by involving the social enterprise mentioned above.
The Council cannot guarantee that there would be additional resources to improve the grounds maintenance service or to enhance the current free gardening service for elderly, disabled and vulnerable tenants. If tenants vote to stay with the Council, the Council would consult tenants and could improve these services if either future efficiencies allow further investment or tenants are willing to pay a service charge. d) Caretaking service
The caretaking service plays an important part in ensuring that the environment around some of the Council’s homes is properly managed. In response to tenant priorities, if tenants decide to stay with the Council, the Council would from April 2013, extend and enhance the existing caretaking service by providing six days a week service provision. This enhanced service would enable caretakers to more effectively deal with local issues and tenant priorities.
This would require the employment of three additional posts over the next five years. These posts would be paid for through identifying efficiencies in the way the Council provides housing services and by improving performance in other areas.
How would Dee Housing improve the local environment? a) Environmental improvements
Dee Housing would have a budget of around £7.4 million for environmental and security improvements to homes and estates in the first five years after transfer and would consult with tenants and local communities to understand their priorities. Dee Housing would consult tenants on setting up a new annual estate improvements fund after the transfer, whereby priorities for spending the money could be set locally in consultation with tenants.
Subject to tenant consultation, Dee Housing would plan to:
Improve fencing, boundary walls and railings Improve external and security lighting Repair pathways and other hard landscaping Enhance landscaping around homes
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Provide more play areas for children Improve communal drying areas Improve street and block signs Improve rubbish storage and disposal systems Inspect communal areas during regular estate walkabouts to help identify problem areas.
b) Car parking
During the consultation, many tenants said that more car parking needed to be provided for tenants, some of whom have more than one car. In response, Dee Housing plans to invest £300,000 each year for five years (a total of £1.5 million over five years) to provide more off-road car parking facilities for tenants.
In addition Dee housing would review the use of underused garage sites and rationalise their provision, just as the Council does now.
c) Grounds maintenance and gardening service
The Council currently provides a very successful gardening service for eligible elderly, disabled or vulnerable tenants. This will continue if tenants vote to stay with the Council. If tenants vote for transfer, Dee Housing plans to increase the funding for this service by an additional £50,000 per year, allowing more tenants to benefit from the service.
If tenants vote to transfer to Dee Housing, Dee Housing would continue to work with Age Concern to develop a social enterprise to provide decorating, gardening and cleaning services for all residents across the County, including tenants. There would be no charge for tenants who are eligible for the gardening service.
Dee Housing would also continue the Council’s successful partnership with Deeside College to offer a decorating service for Council tenants and plans to extend the service by involving the social enterprise mentioned above. There would be a charge for this service.
Tenants, particularly tenants in sheltered housing schemes, have also said that they would like to see the grass-cuttings collected once the communal grassed areas have been cut. In response, Dee Housing plans to improve the grounds maintenance specification to include the collection of grass cuttings at all the sheltered housing schemes in the County. This will be introduced in the first twelve months after transfer.
d) Caretaking service
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The caretaking service plays an important part in ensuring that the environment around some of the homes is properly managed. In response to tenant priorities, if tenants vote to transfer to Dee Housing, Dee Housing would after transfer extend and enhance the existing caretaking service by providing six days a week service provision. This enhanced service would enable caretakers to more effectively deal with local issues and tenant priorities.
This would require the employment of three additional posts over the next five years. The costs of these posts have been built into Dee Housing’s business plan.
10. Involving You in the Running of the Services
What communications and engagement would the Council or Dee Housing provide for individual tenants and leaseholders?
Regardless of the outcome of the ballot, the Council or Dee Housing would plan to improve and build upon the current communication methods used, and would be committed to ensuring that tenants and leaseholders are kept informed on a regular basis using the following methods:-
A regular newsletter to tenants and leaseholders with specific sections for local communities and where possible collated and edited by tenants Information on housing performance An annual conference /fun day. Mobile consultation trailer to visit the more remote areas Display and information stands in buildings open to the public Joint training programmes for staff, tenants and leaseholders Consult with tenants and leaseholders on an individual basis, when any improvements are due to take place on their homes
In addition, the Council or Dee Housing would:
Undertake an annual survey of tenants to find out their views about the service provided and priorities for improvement
Provide opportunities for tenants and leaseholders to have a say via the internet such as Discussion Forums.
Aim to offer all tenants a visit once a year to hear their views on the services provided, to pick up any concerns they may have and to give advice on any issue relating to their tenancy. This would be an opportunity to check that all tenants are receiving the benefits they are entitled to and whether they need any adaptations to their homes. It would also be an opportunity to discuss any problems with rent arrears or other breaches of tenancy conditions if these are relevant.
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Ensure that there was fully trained staff that would carry out detailed consultation with tenants and leaseholders individually about improvements to their home. Staff would also work with local groups to help them to decide local priorities for spending on estate and environmental improvements.
Have a named person to act as the link between tenants and leaseholders and their landlord or contractors to help sort out any on site concerns whilst works are in progress.
How would the Council continue to involve you in the running of the housing service?
Tenants and leaseholders will always be the driving force of council housing in Flintshire. It is only with the involvement of tenants that improvements can be made to the services the Council can provide. The Council would offer you different ways of becoming involved. You could pick and mix how you participate and choose to get involved as much or as little as you wish.
Housing belongs to the directorate that includes adult social care service and children’s social services. Currently, directorate involvement and public information strategies are being developed by the Resident Involvement Manager to ensure equality of service to service users, tenants, leaseholders and clients to ensure all are given the same opportunities to be involved in design, delivery and monitoring of services.
Flintshire County Council involves tenants and leaseholders in the housing service in a range of ways:
Ways of Involvement What they can do
Housing Overview and Scrutiny The Housing Overview and Scrutiny Committee Committee allows citizens to have a greater say in Council matters by investigating or inquiring into matters of local concern usually in public. These lead to reports and recommendations which advise the Executive and the Council as a whole on its policies, budget and service delivery. They can also monitor the decisions of the Executive and can ‘call in’ a decision. They may also be consulted by the Executive or the Council on forthcoming decisions and the development of policy.
County Councillors would continue to act on Contacting your County Councillor your behalf if you have problems with your housing, just as they do now.
Resident involvement strategy The main objectives of the strategy are to build on the strengths of the current approach to resident involvement, through the delivery of projects or implementation of policies and
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working practices identified in the annual action plan. This comprises 4 County Councillors from Resident Involvement Group housing scrutiny and 4 tenants from Flintshire Federation of Tenant and Resident Associations. This group monitor, evaluate and amend the strategy and action plan. Bi-annual tenant conference Tenant conferences discuss priorities to inform service and capital investment planning. Tenants and Leaseholders Federation This would be the place where tenants and (Nominated representatives of tenants, others would represent and advocate for their leaseholder, sheltered and other community area, the wider tenant body, and local Tenant groups together with individuals who wish to and Resident Associations / community and represent themselves) Estate Forums. Sheltered and Older Tenants Group An opportunity for sheltered and older housing tenants to regularly meet and discuss (Open to all sheltered tenants of the issues that are of particular concern to them. Council) Support for new and existing tenant & Tenant Participation Officers would continue resident groups on a local level to encourage and support the establishment and development of residents groups across the county.
Production of quarterly housing news A quarterly newsletter, keeping tenants up-to- date with housing issues, policy and performance Communication focus group A focus group of tenants to review and improve council housing communications including letters, forms and publications. Obtaining tenant feedback to inform The use of customer satisfaction surveys for housing service planning individual services. Support for staff to implement local Support and guidance from the resident activities to maximise tenant involvement team to assist housing staff to involvement. engage tenants through activities such as roadshows, housing and repair surgeries or fun days. Tenant training The Council organises an annual training programme to help equip tenants to become involved in the running of the Council’s housing service. The Council has established and maintains a Tenants ‘Pool of interest’ database of interested tenants who may want to be involved in focus groups, service improvement groups, or attending conferences and events. The Council would establish a programme of Tenant Auditors and mystery shoppers tenant auditors to enable trained tenants to consider the quality and effectiveness of housing services and make recommendations for improvement. Tenant and resident Fun days The council runs annual fun days geared at encouraging a broader group of residents – younger and families in particular to engage with the council and give their views and opinions
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By developing a range of opportunities in this way the Council would ensure that involvement and consultation would be accessible to all tenants and leaseholders, taking into account those whose individual circumstances make participation difficult (such as those with support needs, hearing or visual impairment).
The Council recognises and welcomes the diversity that exists within the County and is keen to explore new, relevant and innovative methods of involvement to maximise opportunities for all.
If tenants stay with the Council, how will the Council resource participation?
Engaging tenants and leaseholders is the responsibility of all housing employees who work with tenants on a daily basis. Employees are supported by the Resident Involvement Manager who is responsible for developing and co-ordinating engagement strategy and activities. In addition, the Council has created a graduate trainee post specialising in resident engagement.
During 2012/13, the Council will also appoint a further participation officer to manage tenant involvement relating to the Council’s planned kitchen renewal programme.
How could tenants and leaseholders get involved in Dee Housing?
Tenants and leaseholders will always be the driving force of Dee Housing. It is only with the involvement of tenants that improvements can be made to the services it would provide. Dee Housing would offer you different ways of becoming involved. You could pick and mix how you participate and choose to get involved as much or as little as you wish.
Dee Housing will adopt the rules based on a Community Housing Mutual model which means that if transfer goes ahead tenants could choose to take up membership and become ‘owners’ of the organisation, collectively holding it for the public benefit (this does not mean that individual homes would be transferred to individual tenants) . Therefore, members including tenants and leaseholders would be able to make decisions that will help to shape Dee Housing and set its future direction. Other tenants would still be consulted and could be involved in other ways.
Members collectively would make decisions that will help to shape Dee Housing and set its future direction. Dee Housing would be:
Run by a Board of Management made up of 15 Board Members who would make the main decisions. There is a Shadow Board already in place and Shadow Board members have worked with the Council to put together the formal Choices Document for tenants. The Shadow Board is made up of five tenants, five people nominated by the Council and five independent people.
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Registered with the Welsh Government, who regulate and monitor all Registered Social Landlords in Wales.
Set up to operate within chartable rules.
Based in Flintshire, which would be its primary focus of operation.
Becoming a Member of Dee Housing
Dee Housing would encourage all tenants and leaseholders to apply to become members of the organisation. Membership would be open to tenants and leaseholders over the age of 16. Members would hold the Board to account, and would have a role to play in shaping the key strategies and policies of the new organisation, including those that directly affect tenants and leaseholders, with each member having a vote.
Members would be able to exercise their right to vote at the Annual and Special General Meetings. Any Board proposals to change the rules governing Dee Housing would need membership approval. The organisation would be required to provide a report to its general members at every Annual General Meeting on its performance, future plans and how it is effectively involving members.
As a member, you would have an ability to influence the direction of Dee Housing and vote on matters which are reserved to general members of the organisation. The key features of a community Housing Mutual Model include:-
All the tenants and leaseholders could apply to become members of the organisation. There is greater tenant and leaseholder involvement in setting priorities, and running the housing service. There is an obligation to provide a report to all members of the organisation at every annual general meeting about what it is doing to secure the highest possible level of community involvement.
Dee Housing would aim to set up a range of opportunities for involvement available to both groups and individual tenants and leaseholders. The table below illustrates a variety of ways in which you may be able to become involved in a formal way if transfer goes ahead: See later paragraphs for ways in which you could be involved in other ways.
Ways of Involvement What they can do Shareholding members of Dee Housing Members would have the right to vote at the annual and other general meetings. The (All tenants of Dee Housing would be members would play a vital role in holding eligible to apply for full membership Subject Dee Housing to account. Members would be to board approval encouraged and supported to develop their own ideas for how tenants should be involved in the decision making process of the organisation.
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Dee Housing Board This is the governing body of the organisation (5 tenants, 5 Council nominees and 5 and will consist of 5 elected tenants, 5 council independent members) nominees and 5 independent individuals. Service Performance Boards Boards comprising of shareholding members and local Elected Members who work together on local housing management delivery and performance issues. Review Committee The Review Committee would help to ensure that the members of Dee Housing play a central role in how Dee Housing develops and (A group of shareholding members improves its services to tenants. The Review ,nominated by shareholding members) Committee could for example:
Receive and comment on all non confidential board papers prior to Board meetings Receive an explanation for any board decisions Question senior staff Monitor Dee Housing performance Be involved in the appointment process of senior staff Scrutinise Board decisions.
Contacting your County Councillor County Councillors would continue to act on your behalf if you have problems with your housing, though the Council will not own or manage your home.
Tenants and Leaseholders Federation This would be the place where tenants and (Nominated representatives of tenants, others would represent and advocate for their leaseholder, sheltered and other area, the wider tenant body, and local Tenant community groups together with individuals and Resident Associations / community and who wish to represent themselves) Estate Forums. Sheltered and older Tenants Group An opportunity for sheltered and older (Open to all sheltered tenants of Dee housing tenants to regularly meet and discuss Housing) issues that are of particular concern to them. Leaseholder Group An opportunity for leaseholders to regularly meet and discuss issues that are of particular (Open to all leaseholders of Dee Housing) concern to them. TRAs and Community /Estate Forums Dee Housing would work with individual tenants and residents to set up local TRA’s or estate panels. Dee Housing would provide opportunities for tenants and leaseholders to meet as a community to discuss important issues about their area. These groups would be consulted and involved in developing plans in their local areas (such as environmental improvement and community activities). Continuous Improvement Team Initially this groups would be partnership between staff, tenants and board members trained together to take an active part in agreeing specifications for planned improvement works, selecting contractors reviewing the work At a later date joint teams of this nature would be developed to review all service areas. Dee Housing Sounding Board Tenants and leaseholders do not always want
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to be involved in regular formal meetings but still wish to have a say. Over 600 tenants and leaseholders have registered their interest already and have been involved in shaping this Choices Document. Dee Housing would build on this enthusiasm by developing a Sounding Board which would give tenants and leaseholders the opportunity to have a say. A wide range would be offered such as: Telephone, email and website surveys Theme groups Working parties with Dee Housing staff Training as tenant auditor to review performance from point of view of the customer.
By developing a range of opportunities in this way Dee Housing would ensure that involvement and consultation would be accessible to all tenants and leaseholders, taking into account those whose individual circumstances make participation difficult (such as those with support needs, hearing or visual impairment).
Dee Housing recognises and welcomes the diversity that exists within the County and is keen to explore new, relevant and innovative methods of involvement to maximise opportunities for all.
If tenants vote for transfer, how would Dee Housing resource participation?
If tenants vote for transfer, Dee Housing recognises that there is a lot of work needed in order to encourage larger numbers of tenants and leaseholders to get involved and have a say. Following any transfer, Dee Housing would be required to move towards full implementation of the community housing mutual principles which are based on involving tenants in all key parts of the organisation.
Dee Housing would also have to comprehensively involve tenants and leaseholders in the planning and delivery of the planned £166 million investment programme to bring all homes up to the Welsh Housing Quality Standard within five years of transfer.
To ensure that tenants and leaseholders are at the heart of what Dee Housing would do and how it would operate, if tenants vote for transfer, Dee Housing will establish a larger, specialist tenant participation team of eight officers (five new posts) to work with tenants and leaseholders to achieve the aspirations of the Community Housing Mutual in developing proposals for community ownership and to ensure that tenants would be fully involved in the design and implementation of the improvements programme to bring all homes up to the Welsh Housing Quality Standard within five years of transfer. This team will report to a Director of Dee Housing.
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The financial plans for Dee Housing include enough money to ensure that the commitments to involvement made in this offer document can be delivered. In order to recognise the importance of tenant and leaseholder involvement, the Chief Executive and the management team would receive regular reports on the work of the team. At every annual general meeting the Chief Executive of Dee Housing would have a duty to present a report on community engagement.
Tenant, leaseholder and community involvement would be fundamental to Dee Housing and its employees.
Complaints
The Council has a complaints policy and procedure which tenants and leaseholders can use if they are unhappy about the level or quality of service provided by the Council.
The Council is currently reviewing the process for handling customer complaints in order to provide an improved service. The revised process for handling complaints will be introduced during 2011. If tenants stay with the Council, tenants and leaseholders will benefit from this improved complaints policy and procedure.
Dee Housing would have a similar complaints policy and procedure that would allow tenants and leaseholders to take their complaint to a Director of Dee Housing and to the Public Services Ombudsman for Wales if it is not resolved to their satisfaction by Dee Housing. The Board would also ensure that any lessons from complaints are used to improve services. The Members Review Committee would be given the opportunity to review all complaints and the ways that they are resolved.
11. Monitoring the Quality of Service
The Council or Dee Housing would carry out regular customer opinion surveys to make sure that the service is meeting your needs. It would take account of the results of these surveys to improve and develop the service and it would publish findings to ensure you know what levels of service are being provided.
The Council or Dee Housing would encourage tenants groups and the Leaseholder Group to become involved in monitoring its performance through joint estate inspections and the regular provision of performance information. It would also produce other information, for example newsletters, to these groups and an annual to all tenants.
In addition, the Council or Dee Housing would establish a Quality and Design Forum (QDF) which would include tenants, staff, board members and leaseholders with the aim of informing and influencing the improvement programme. The QDF’s role could include:-
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Helping to select and monitor contractors and the in-house workforce. Deciding on the choice of fixtures, for example, the range of new kitchens and bathrooms, windows, doors, boilers and tiles etc. that are installed (tenants only). Prioritising the programme Checking quality, value for money and ease of repair. Making sure the programme is well communicated and keeps tenants needs in focus. Agreeing estate and crime prevention improvements.
12. Economic Impact of housing investment
Regardless of the outcome of the ballot, the Council or Dee Housing would look to use social and/or community benefit clauses in contracts to require contractors and suppliers where possible to use local labour and source their supplies and services locally.
Consequently, a key part of ensuring maximum benefit to the local economy would be to build links between contractors, businesses and local residents that would help to reduce the amount of money ‘leaking out’ of the area. The Council or Dee Housing would aim to do this by:
Using the major planned repairs work to provide local employment opportunities. Working with local labour market intervention programmes to assist the long-term unemployed and economically inactive back into work. Using apprentice schemes across the repair service. Providing training with recognised qualifications to promote a multi- skilled workforce. Promoting training and career opportunities by working in partnership with schools, educational establishments and existing local training providers. Developing local supply chains and providing introductions to major contractors to develop longer-term working relationships and contract opportunities for local businesses. Helping businesses promote themselves and win contracts, i.e. how to tender workshops, Meet the Buyer events.
Including community and social benefit clauses in contracts that encourage, as far as possible, local employment and training and sourcing of goods and services locally. Supporting the development of community owned social enterprises to supply goods and services. Work closely with residents and public bodies to help local communities tackle problems and improve the quality of life.
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How many jobs and apprenticeships would the Council’s investment create if tenants stay with the Council?
If tenants stay with the Council, the Council plans to invest around £49 million over the five years from 2013 in improvements to your homes. The Council would aim to use this housing investment to create job and training opportunities for local people. This investment programme provides an opportunity to deliver benefits to the community beyond the physical improvement of homes and estates.
Improving the quality of the housing would help transform the image and assist in attracting new investment while more training and employment opportunities for local people would help to tackle issues of economic inactivity. The Council estimates that this level of investment could create:
100 new jobs over the next five years 10 apprenticeships over the next five years.
How many jobs and apprenticeships would Dee Housing’s investment programme create if tenants vote to transfer?
If tenants vote for transfer, the investment of over £166 million over the first five years after transfer, and a total of over £467 million over a 30 year period, represents one of the largest investment programmes ever proposed for Flintshire.
Given the level of planned investment, the long-term spending power and the boost this would give to the local economy, this investment programme provides a unique opportunity to deliver benefits to the community way beyond the physical improvement of homes and estates.
Improving the quality of the housing would help transform the image and assist in attracting new investment while more training and employment opportunities for local people would help to tackle issues of economic inactivity.
The economic impact assessment shows that there would be increased employment opportunities for local people to undertake the work associated with the improvement of housing stock following the transfer. It has been calculated that the investment programme could result in:
300 new local jobs being created in the first five years after transfer 30 apprenticeships being created in the first five years after transfer.
If tenants stay with the Council, would the Council build new affordable homes?
The Council itself currently has no plans to build any new homes, but regardless of the outcome of the ballot it will continue to work with Housing
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Association and private sector partners to provide new homes for rent and sale across the County.
If tenants vote for transfer, would Dee Housing build new affordable homes?
If tenants vote for transfer, Dee Housing would aim to establish a programme for building new affordable homes within Flintshire once the improvements programme is fully under way, and has obtained in principle approval from the Welsh Government to do so. Dee Housing would plan to develop approximately 150 new affordable homes within ten years of transfer to help deliver the County’s objective of increasing the amount of affordable housing available for local people.
Regeneration
Where practicable, the Council or Dee Housing would aim to use some of its housing capital investment to compliment wider Council regeneration schemes, maximising the potential for match funding from other sources. The Council or Dee Housing would also seek opportunities to develop Community Improvement Funds, working with tenants to tackle estate based priorities.
The Council or Dee Housing would work with communities where appropriate with a view to developing and supporting estate based social enterprises.
13. Payment for Service Charges
Regardless of the outcome of the ballot, leaseholders and the Council or Dee Housing would be bound by terms of the existing leases issued to leaseholders by the Council. This means that all existing leases would remain unchanged and continue to include details of the items which could be included in service charges.
Leaseholders would continue to be charged annually and for every 12 month period. The Council or Dee Housing would provide leaseholders with an annual statement of actual expenditure for the previous year and a breakdown of estimated service charges for the following year including:-
Ground rent and insurance (paid annually and in advance). Management fees, repairs works, major works charges paid annually in arrears. Any other service charges
An invoice or credit note to cover any under or over payment for the previous year would also be issued. This would ensure that the amount you are asked to pay is equal to the cost of providing the services. The Council or Dee Housing would not make a profit from the service charges.
As the Council is able to recover the cost of VAT from central Government, it does not include the cost of VAT in the service charges to leaseholders. As
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Dee Housing would not normally be able to do this, it would need to include VAT in leaseholder’s services charges.
At present, when service charge bills are issued, leaseholders are given the option of paying their bill outright or paying monthly over a set period. This arrangement would continue if the transfer goes ahead.
If transfer goes ahead, leaseholders are unlikely to be asked to contribute to any estate or environmental improvements outside of the curtilage of their properties. Leaseholders may however be asked to contribute towards the cost of improved facilities to their blocks or immediate environment e.g. enclosed garden areas.
Where contribution causes financial hardship the Council or Dee Housing will consider a request for the leaseholder to make deferred payments over and agreed term or in exceptional circumstances placing a charge on the property and only seeking payment at the time the property is sold.
14. Your Right to Comment
Before any transfer of the Council’s housing stock can proceed, the Council must formally consult its secure and introductory tenants. The Council is committed to an open and detailed consultation process with its tenants. Whilst leaseholders do not have the right to vote in the ballot as tenants, the Council is committed to consulting its leaseholders informally.
The Council is keen to hear the views of leaseholders on the transfer proposal. The Council will consider any comments tenants and leaseholders make on the proposal and will then decide whether to go ahead with a ballot when secure and introductory tenants will be able to vote on the proposal. A comments form has been provided. Please send your comments to reach the Council (Date) in the pre-paid envelope provided.
What is the timetable for consultation?
The current plans are:-
(Date) to (Date) – This is the period of formal consultation on the Choices Document (called Stage 1 notice) with tenants.
(Date) – The Council will consider tenants and leaseholders comments on the transfer proposal. The Council will decide whether its proposal needs to be altered and whether to go ahead with the ballot of all the Council’s secure and introductory tenants. If the Council decides not to go ahead with the ballot then the process stops and the transfer proposal goes no further.
If the Council decides to go ahead, tenants would be sent a letter called the Stage 2 notice. This would describe what significant changes, if any, have been made to the Council’s proposal and whether the Council has decided to
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proceed to a ballot. It will also explain the tenant’s right to make representations to the Welsh Government.
A confidential ballot would be organised by an independent organisation, Electoral Reform Services. Every secure and introductory tenant would have a vote, this mean that joint tenants would each have separate ballot papers. Neither the Council nor Dee Housing would know which way tenants have voted.
After the ballot the Council will send tenants another letter informing them of the ballot results, whether it will proceed with the transfer and explain their right to make further representations to the Welsh Government. Leaseholders will be provided with copies of all correspondence sent to tenants (for information).
Where can you go for independent advice?
Tenants interviewed and appointed an Independent Tenant Advisor, TACT@DOME to provide independent advice on both options to tenants and leaseholders throughout the Council’s consultation.
TACT@DOME has held consultation events around the county to which both tenants and leaseholders were invited to attend, and now has over 600 tenants now on their mailing list.
TACTDOME is a very experienced Independent Tenants’ Advisor. If you are concerned about any aspect of the proposal, you can ring their free information and advice line on 0800919994 or text them on 07867510977.
15. Other Useful Information and Contacts
As well as the formal Choices Document to tenants, there are some other documents leaseholders may want to look at in relation to the Council’s transfer proposal.
These include:-
Regulatory Code for Housing Associations registered in Wales
Welsh Government Housing Transfer Guidelines 2009
Welsh Government Stock Transfer Tenants' Charter and accompanying guidance
Advice from Dome Consultants, your Independent Tenant Advisor.
Further information can also be obtained from the following:
Council Freephone helpline: 0800 xxxxxx
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Email: xxxxx Website: www.flintshire.gov.uk
The Welsh Government [ ] www.housing.wales.gov.uk
Public Services Ombudsman for Wales 1 Ffordd yr Hen Gae Pencoed, CF35 5LJ
Tel: 01656 641 150 Fax: 01656 641 199 www.ombudsman-wales.org.uk
Tenants’ Independent Advisor Dome Consultants Freephone helpline: 0800 919 994 Email: TACT@DOME Website: www.domeconsultants.com
Who are TACT@DOME and how were they chosen?
TACT@DOME is the organisation providing independent advice to tenants and leaseholders as required by the Welsh Government. Although the Council is paying for this service, TACT@DOME was selected by Flintshire tenants. If you are concerned about any aspect of the proposal and want a free, independent, impartial opinion, you should contact TACT@DOME, Freephone, xxxxxtextxxxxxxx or visit their website www.domeconsultants.co.uk
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