Meeting of the Council of The City and County of Swansea th 26 February 2009 4.00pm
COUNCIL SUMMONS
You are hereby summoned to attend a Meeting of the COUNCIL OF THE CITY AND COUNTY OF SWANSEA to be held in the Council Chamber, Civic Centre, Swansea on Thursday, 26th February 2009 at 4.00pm
The following business is proposed to be transacted:
Page No’s 1. Apologies for Absence.
2. To Receive Disclosures of Personal and Prejudicial Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City & County of Swansea. (NOTE: You are requested to identify the Agenda Item / Minute No. Planning Application No. and Subject Matter to which the interest relates).
3. To receive and sign as a correct record the Minutes of the Council 5-16 meeting held on 15th January 2009.
4. Report of the Head of Legal and Democratic Services (1) Minutes of Council of 4th December 2008. 17
5. Presiding Officer’s Announcements.
6. Leader’s Announcements.
7. Public Questions in accordance with Procedure Rule 16. Questions must relate to matters on the open part of the Agenda of the meeting and will be dealt within a ten minute period.
8. Public Presentations : – Fairbridge Swansea Daniel James Community School
9. Report from Constitution Working Group (1) Nomination of Lord Mayor and Deputy Lord Mayor Elect 2009/10. 18-19
10. Cabinet Member Report(s)
(A) Community Leadership & Democracy (1) A Corporate Parenting Forum for Looked After Children. 20-25 (2) Community Councils Standards Sub Committee – Appointment of 26-27 Community Council Members. (3) Freedom of the City and County of Swansea to 1st The Queens 28-29 Dragoon Guards.
(4) Membership of Committees/Outside Bodies. 30-31
(B) The Leader (1) Hackney Carriage Demand Survey 2008. 32-113
(C) Environment (1) Adoption of Approved Policy Documents as Supplementary Planning 114-116 Guidance.
(D) Housing (1) Housing Allocations Policy 2009. 117-157
(E) Social Services (1) Choice of Accommodation Policy. 158-194
11. Report of the Head of Legal and Democratic Services (1) Council Diary 2009/10. 195-208
12. Joint Report of the Presiding Officer and Monitoring Officer (1) Amendments to the Council Constitution. 209-211
13. Report of the Chief Executive (1) Development of Pre Decision Scrutiny. 212-221
14. Joint Report of the Head of Communications and Overview and Scrutiny Co-ordinating Group (1) Overview & Scrutiny Strategic Work Programme 2008/09 - Update. 222-229
15. Report of the Section 151 Officer (1) Statutory Resolution – Resolutions to be in accordance with the Regulations in the setting of Council Tax 2009/10.
16. Councillors’ Questions under Procedure Rule 15 230-235
17. To authorise the affixing of the Common Seal to any document necessary to carry into effect any resolution passed or confirmed at this meeting.
David Daycock Head of Legal and Democratic Services Civic Centre, Swansea 19th February 2009
To: All Members of the Council
Item No. 2
Disclosures of Personal Interest from Members
To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.
NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.
1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.
2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)
3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).
4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.
5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -
- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature
S:\Committees\A Agenda Pack\Cabinet\2008-09\08 October 30\02 - Disclosures of Personal Interest.doc CITY AND COUNTY OF SWANSEA
MINUTES OF THE COUNCIL OF THE CITY AND COUNTY OF SWANSEA
HELD AT CIVIC CENTRE, SWANSEA ON THURSDAY 15TH JANUARY 2009 AT 4.00 P.M.
PRESENT: Councillor T H Rees (Presiding Officer) presided
Councillor(s): Councillor(s): Councillor(s):
V N Abbott B J Hynes D Phillips V A Bates Hughes D I E Jones G Phillips P M Black J W Jones C L Philpott N S Bradley M H Jones D Price J E Burtonshaw M R Jones S J Rice M C Child S M Jones I M Richard A C S Colburn W E A Jones J C Richards W J F Davies A Jopling D A Robinson A M Day J B Kelleher G Seabourne C R Doyle R H Kinzett D G Sullivan J Evans E T Kirchner M Smith W Evans R D Lewis P B Smith E W Fitzgerald A Lloyd R L Smith R Francis-Davies R J Lloyd R C Stewart M E Gibbs K E Marsh C Thomas J B Hague P N May D W W Thomas M J Hedges P M Meara L G Thomas C A Holley J T Miles J M Thomas N A Holley W K Morgan D P Tucker P R Hood-Williams H M Morris S M Waller Thomas D H Hopkins J Newbury J Woodman D T Howells B G Owen
173. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors A R A Clement, D H James, P Matthews, R Speht, R J Stanton and N J Tregoning.
174. DISCLOSURES OF INTEREST
In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea the following interests were declared:
Councillor J E Burtonshaw - Item 7 (1) – 9 B(1) and 10 (1) – RMAL - Post 16 School Transport – Response to Referral of Notice of Motion- Personal Relating to Cap Gemini – Governor of Daniel James School – Dispensation from Standards Committee.
Councillor M C Child - Item 9 B(1) - Post 16 School Transport - Personal - Governor of Bishop Gore School. Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Councillor W J F Davies - Items 9 B (1) - 10 (1) and 14 - Post 16 School Transport - Response to Referral of Notice of Motion- Governor of Morriston Comprehensive - Relative is a member of the NHS Trust Board.
Councillor R Francis Davies – Items 11 (1) and 14 Report of the Health Social Care & Well Being Scrutiny Board – Notice of Motion – Member of A.B.M University NHS Trust N.E.D.
Councillor M E Gibbs - Item 9 B (1) - Post 16 School Transport- Governor of Cefn Hengoed Community School.
Councillor M J Hedges - Items 9 B (1) and 10 (1) Post 16 School Transport - Response to Referral of Notice of Motion-Governor of Swansea College.
Councillor D T Howells – Items 9 B (1) and 10 (1) Post 16 School Transport - Response to Referral of Notice of Motion-Governor of Pontarddulais Primary and Comprehensive Schools.
Councillor B J Hynes – Items 7 (1) and 8 (1) RMAL – Manages Annual Report Pension.
Councillor J W Jones - Item 9 B (1) - Post 16 School Transport - Governor of Olchfa Comprehensive School.
Councillor M H Jones - Items 9 B (1) and 10 (1) - Post 16 School Transport – Response to Referral of Notice of Motion – Governor of Olchfa Comprehensive School.
Councillor S M Jones – Items 9 B (1) – 10 (1) and 11 (1) - Post 16 School Transport - Response to Referral of Notice of Motion - Report of the Health Social Care & Well Being Scrutiny Board –Governor of Gowerton Comprehensive School – Member of C.H.C
Councillor A Jopling – Item 9 B (1) - Post 16 School Transport – Director of a transport Company - prejudicial (left meeting whilst under consideration).
Councillor A Lloyd - Item 9 B (1) - Post 16 School Transport – Governor of Bishop Gore School.
Councillor J Miles – Items 9 B (1) and 10 (1) - Post 16 School Transport - Response to Referral of Notice of Motion – Governor of Pontarddulais Comprehensive School and Gorseinon College.
Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Councillor B G Owen - Item 9 B (1) - Post 16 School Transport – Governor of Daniel James School.
Councillor C L Philpott – Item 11 (1) C - Report of the Health Social Care & Well Being Scrutiny Board – Member of C.H.C.
Councillor S J Rice – Items 9 B (1) and 10 (1) - Post 16 School Transport - Response to Referral of Notice of Motion – Governor of Swansea College.
Councillor C Richards – Item 9 B (1) – Post 16 School Transport Governor of Penyrheol Comprehensive School - personal.
Councillor P B Smith - Item 9 B (1) – Post 16 School Transport Governor of Birchgrove Comprehensive School - personal.
Councillor R C Stewart - Items 9 B (1) and 10 (1) - Post 16 School Transport - Response to Referral of Notice of Motion – Governor of Glycollen Primary School.
Councillor C Thomas - Items 7 (1) RMAL and 9 B (1) Post 16 School Transport – Member of Pension Scheme - Governor of Daniel James School.
Councillor D W W Thomas – Items 9 B (1) and 10 (1) - Post 16 School Transport - Response to Referral of Notice of Motion – Governor of Bishop Gore Senior Comprehensive School.
175. MINUTES
RESOLVED that:
(1) the Minutes of the Ordinary Meeting of Council held on 4th December 2008 be accepted as a correct record subject to the deletion of the words “and a member of the Pension Fund” in the disclosure of interests by Councillor J E Burtonshaw;
(2) the Minutes of the Extraordinary Meeting of the Council of 18th December 2008 be accepted as a correct record subject to the addition of the words “parent of daughter of YGG Brynymor” in the disclosure of interests by Councillor P N May in Minute 168.
Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
176. PRESIDING OFFICER’S ANNOUNCEMENTS
Condolences
The Presiding Officer referred with sadness to the death of former County Councillor Edgar Miles who had represented the Townhill Ward on the former West Glamorgan County Council for many years.
All present stood as a mark of sympathy and respect.
Congratulations
The Presiding Officer was pleased to refer to the following recipients who had received awards in the New Year’s Honours:
OBE
Thomas Alan Fry Chief Executive, South Wales Police Authority. For services to the Police.
MBE
Jody Cundy Cyclist. For services to Disabled Sport.
Captain Peter Royall Griffiths Operations Manager, Royal National Lifeboat Institution. For services to Maritime Safety in Swansea.
Miss Eleanor Simmonds Swimmer. For services to Disabled Sport.
Mrs Davida Ann Lewis For voluntary service to Music and to Culture in Wales.
Mrs Dorothy Margaret Neyland For voluntary service to Gymnastics and to the community in Swansea.
Frederick Clifford Rose For charitable services to the Church in Wales and to Music in Swansea.
Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Item 14 - Notice of Motion
The Presiding Officer announced that Councillor Robert Francis-Davies had asked that his name be deleted from the list of proposers of the Notice of Motion on the NHS referred to in Item 14 on the agenda.
Items 7a(1) and 8
The Presiding Officer announced that the above items would be considered as one item.
177. PUBLIC QUESTIONS
Ms L Davies asked a question in respect of Item 7A(1) - Children’s Services. The Cabinet Member for Social Services indicated that as it was the report of the Relationship Manager, she would not be responding.
Mr A Beddow asked a question in respect of Item 7(1) - Adult Services. Mr R Alcott - Relationship Manager, responded.
Mr K Ross asked a question in respect of Item 18 - Notice of Motion re. Human Trafficking. The Leader indicated that he would write to the South Wales Evening Post in response to the issue raised (copy to all Members).
178. RELATIONSHIP MANAGER’S ANNUAL LETTER 2007/2008
The Cabinet Member for Business Improvement and Efficiency introduced Mr Rod Alcott, the Relationship Manager and Ms Lynne Hyne the Appointed Auditor, who would jointly present the Relationship Manager’s Annual Letter (RMAL). The letter set out the key messages from work undertaken in 2007-08, up to the point of the production of the letter by:
• the Appointed Auditor under the Code of Audit and Inspection Practice;
• the Relationship Manager under Audit General’s inspection powers.
The letter included a summary of audit and inspection work and progress against improvement plans and drew on published reports of other inspectorates to provide an annual summary to the City and County of Swansea. The work plan for the year was set out in the
Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Regulatory Plan 2007-08 and more detail on the specific aspects of the work undertaken could be found in the separate reports that had been issued during the year.
Following the presentation, Members asked questions of the content of the RMAL and were responded to by the Relationship Manager and the Audit Partner.
The Appointed Auditor reported that since publication of the RMAL the 2006-07 and 2007-08 accounts had been certified.
Following the presentation, Members asked questions on the content of the RMAL and were responded to by the Relationship Manager and the Audit Partner.
The Deputy Presiding Officer thanked Rod Alcott and Lynne Hyne for their presentation.
RESOLVED that the Council notes the receipt of the Relationship Manager’s Annual Letter 2007-2008.
179. CHANGES TO COMMITTEE MEMBERSHIP
The Cabinet Member for Community Leadership and Democracy reported that the Council, at its Annual Meeting on 15th May 2008, had agreed Membership of the various Committees/Bodies as reflected in the lists submitted by the Political Group. He indicated that the Groups shown had since submitted further minor changes which were outlined.
RESOLVED that the following changes be approved:
Swansea Administration Group
Area 2 Development Control
Change Councillor V Bates-Hughes from “voting” to “non voting”;
Change Councillor J Jones from “non voting” to “voting”;
Member Support and Development Working Group
Replace Councillor D Price with Councillor J W Jones
Labour Group
General Purposes Panel Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Delete Councillor C Thomas and replace with Councillor A Robinson
180. POST 16 - SCHOOL TRANSPORT
The Cabinet Member for Education reported on the feedback following the consultation regarding the introduction of means tested support for post 16 school transport. The report outlined the proposed phased introduction of charges for students eligible for means tested support, to be implemented from September 2009, and the possible options to consider in determining an appropriate way forward.
It was recommended that:
(1) the representations received regarding the implications from any introduction of charges to students ineligible for means tested support for post 16 school transport be considered;
(2) charges phased from September 2009 as set out in the report be implemented;
(3) recommendation 2 be implemented in the knowledge that the Welsh Assembly Government may impose a statutory requirement under the Learner Traveller Measure for post 16 learners in the future, at which point the decision would be reviewed.
A request for a named vote under provisions of Procedure Rule 21.3, the voting was recorded as follows:
For Against Abstentions
V Abbott N S Bradley J Hague V A Bates-Hughes J Burtonshaw K Marsh P Black M Child M Day A C S Colburn W Fitzgerald J Davies C Holley R Doyle N Holley J Evans J Jones W Evans M Jones R Francis-Davies M R Jones M Gibbs S Jones M Hedges J B Kelleher P Hood-Williams P May D Hopkins P M Meara D T Howells Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
For Against
K Morgan B Hynes J Newbury D Jones C Philpott B Jones H Rees R Kinzett I Richard E Kirchner S Rice A Lloyd A Robinson R Lloyd G Sullivan J Miles G Thomas H M Morris J M Thomas B G Owen P Tucker D Phillips Woodman G Phillips D Price (26) J C Richards G Seabourne M Smith P B Smith R Smith R Stewart C Thomas D Thomas
(35)
RESOLVED that the recommendations be not accepted.
181. RESPONSE TO REFERRAL OF NOTICE OF MOTION: POST 16 SCHOOL TRANSPORT
The Council received the report of the Children and Young People Overview Board which outlined the Board’s response following referral of a Notice of Motion to the Board on Post 16 school transport.
RESOLVED that the report be noted.
The Council adjourned for a period of 15 minutes.
182. SINGLETON HOSPITAL SCRUTINY HEARING REPORT
The Council received the report of the Health, Social Care and Well Being Scrutiny Board on the Hearing on the proposed arrangements at the Singleton Hospital Minor Injuries Unit.
RESOLVED that the report be noted.
Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
183. OVERVIEW AND SCRUTINY STRATEGIC WORK PROGRAMME 2008/09 - UPDATE
The Deputy Presiding Officer submitted a report giving an update on the Overview and Scrutiny Strategic Work Programme for 2008/09.
RESOLVED that the report be noted.
184. COUNCILLOR’S QUESTIONS UNDER PROCEDURE RULE 15
Six Member questions were submitted under Council Procedure Rule 15. The relevant Cabinet Members responded by way of written answers. Supplementary questions were dealt with in the allotted time and the relevant Cabinet Members responded.
185 NOTICE OF MOTION RE. REORGANISATION OF THE NHS WITHIN WALES
Proposed by Councillor D Phillips, seconded by Councillor M C Child:
“Following the decision to re-organise the NHS within Wales this Council proposes that the principles of democratic local accountability inherent in those proposals and those for the new Local Service Boards are reflected as follows:
• The Board Membership of the new Trusts shall include elected members (councillors) from all the local Authorities covered by that Trust, directly appointed by those local Authorities; selected by such means as the local Authorities together shall agree (or in default by the WLGA). The number of such councillors to comprise at least 25% of the voting members of the Board.
• The duty to participate in Local Authority Scrutiny arrangements, as and when requested, is included as a specific provision in the constitution of these new Trusts”.
Proposed by Councillor E W Fitzgerald, as an amendment, seconded by Councillor P M Black that the following be added to the Notice of Motion “that the Minister should be requested to outline how the new Trust will improve the interaction between Health and Social Care”.
The amendment was agreed.
RESOLVED that the Notice of Motion, as amended, be approved. Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
186. NOTICE OF MOTION RE. “STAND UP AND TAKE ACTION”
Proposed by Councillor Alan Lloyd, seconded by Councillor R J Lloyd.
“This Council RESOLVES that the City & County of Swansea will sign up to the United Cities and Local Government campaign “STAND UP & TAKE ACTION”, a worldwide call to show support for the fight against poverty and the Millennium Goals Declaration.”
Under the provisions of Procedure Rule 11.5 the Presiding Officer ruled that the Notice of Motion be referred to the Finance Audit and Business Improvement Overview Board.
187. NOTICE OF MOTION RE. GAZA
Proposed by Councillor D Philips, seconded by Councillor A Lloyd.
“The current situation in Gaza is a “very dangerous and dark moment” in both Palestine and Israel’s histories, a moment that threatens the future peace and security of both countries. The murder of innocent civilians is inhumane, immoral and unacceptable. The killing must stop.
Whatever our views on the rightness of either side, this Council urges all to secure an immediate cease-fire in Gaza and encourage discussions between the Israeli and Palestinian governments.
This Council recognises that reconciling two groups of peoples who are profoundly convinced that they both have the right to occupy the same small piece of the Earth and who, as a consequence, must live side by side and whose destinies are therefore inextricably linked, will not be simple. This Council believes that this cannot be achieved by military means; it can only be resolved by diplomatic agreement between them.
As the recent UK LGA delegation to Israel & Palestine (co-led by Cllr Alan Lloyd) demonstrated, the two sides will sit down together, will talk to each other and do agree about achieving a lasting peace. The LGA delegation resulted in an historic tri-partite agreement between the LGA’s of the UK, Israel and Palestine about working together to achieve a secure peace.
This Council therefore calls upon the UK Government to redouble its efforts and, building on the links that already exist, urge both sides to start the dialogue that will end the carnage. Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
In addition, Council resolved to write to the Local Government Organisations in Israel and Palestine to urge our colleagues to continue the good work of the recent tripartite discussions and for them to urge their political colleagues to press for a cease-fire and an end to the conflict”.
Proposed by Councillor K Morgan, as an amendment seconded by Councillor V Bates-Hughes that the following be added to paragraph 3:
“and to agree to the establishment of a Palestinian State to peacefully co-exist along with the State of Israel”.
And the following be added to paragraph 5:
“and assist in every way possible to bring about the establishment of a sovereign Palestinian State”.
On being put the amendment was lost.
The Notice of Motion was then put and agreed.
RESOLVED that the Notice of Motion be approved.
188. NOTICE OF MOTION RE. CORPORATE IMPROVEMENT PLAN 2008-11
Proposed by Councillor R H Kinzett, seconded by Councillor P Hood- Williams.
‘’This Council notes that in the Introduction to the Corporate Improvement Plan 2008-11, the figure given to illustrate how well Swansea's schools are doing showed that 68.9% of students GCSE grade A*-C. However, within the text of the introduction, signed by the Leader and Chief Executive, there is no mention that this figure only relates to those students who achieve one GCSE A*-C in WJEC examinations only.
This Council notes that the actual performance indicator used to show how well schools are doing is how many pupils achieve 5 or more GCSEs at grades A* - C or the vocational equivalent, which was 55.60% across Swansea's schools.
Council further notes that despite Councillor Kinzett raising concerns about the inclusion of the misleading figure, which is not an accepted performance indicator, nothing was done to correct the printed version of the Corporate Improvement Plan prior to it being sent to print. Minutes of the Meeting of the Council of the City and County of Swansea (15.01.09) Cont’d
Council also notes the reply received by Councillor Kinzett from the Education Department, in response to Councillor Kinzett's assertion that the statistic in question should not have been quoted in the way it was:
"I agree - it needs to show the 5+A*-C figure. I was not involved in this plan, but we have provided corrected text. The A*-C figure shown was probably taken from the press release on results day, where we give a figure for the percentage of all entries gaining a C grade or higher, based on WJEC exams only. This of course is a totally different figure."
Council is concerned that within a week of Councillor Kinzett's concerns being raised in Council, in the presence of the Leader, Chief Executive and CMT, the document was printed and already distributed and demands to know whether the document had in fact already been printed prior to the Council approving its publication.
Council believes that the use of misleading statistics should be reserved for Lib Dem leaflets, not official documents funded by the taxpayer.
Council calls upon paid officers of this Authority to prevent further abuses of publicly-funded publications from being used to propagate misleading spin from this Administration’’.
RESOLVED that the Notice of Motion be disapproved.
189. NOTICE OF MOTION RE. HUMAN TRAFFICKING
RESOLVED that consideration of the above notice of motion BE DEFERRED to a future meeting of Council for further input by the Police and Immigration Officials.
190. COMMON SEAL
RESOLVED that the Common Seal be affixed to any necessary documents to bring into effect any decisions taken at this meeting.
The meeting ended at 9.25 p.m.
CHAIRMAN S: Council - 15 January 2009 (SHR/HCR) 23rd January 2009
Item No. 4 (1)
Report of the Head of Legal and Democratic Services
COUNCIL – 26th FEBRUARY 2009
MINUTES OF COUNCIL 4th DECEMBER 2008
1. Minutes of Council 4th December 2008
2.1 It is reported for the official record that when the minutes of Council meeting on the 4th December 2008 were reported to the meeting of 15th January 2009 a minute was omitted through an administrative error.
2.2 The minute which was omitted related to a report by the Cabinet Members for Education and Community Leadership on a proposal for the adoption of new byelaws to replace the existing byelaws in order to implement the changes to the Employment of Children brought about by the Children (Protection at Work) Regulations 2000. The notes taken by the Democratic Services Manager clearly show that the recommendation to adopt the new byelaws was approved by Council.
3. Recommendation. It is recommended that the minutes of Council of 4th December 2008 be amended to include the following minute to read as follows:-
150a. EMPLOYMENT OF CHILDREN BYELAWS
The Cabinet Members for Education and Community Leadership jointly presented a report on the proposal for the adoption of new byelaws to replace the existing byelaws in order to implement the changes to the employment of children brought about by The Children (Protection at Work) Regulations 2000 and advice from the Welsh Assembly Government
RESOLVED that Council adopts the new byelaws.
Background Papers:- Local Government (Access to Information) Act 1985 Local Government Act 1972 Minutes of the Council 4th December 2008.
Contact Officer: Steve Rogers Democratic Services Manager 01792 636607
Legal Officer Rod Jones
Item No. 9 (1)
Report from Constitution Working Group
Council – 26th February 2009
NOMINATION OF LORD MAYOR AND DEPUTY LORD MAYOR ELECT 2009/10
Summary
Purpose: That Council agrees the nominations for the Lord Mayor and Deputy Lord Mayor Elect 2009/10
Policy Framework: Protocol for the election of the Lord Mayor and Deputy Lord Mayor Reason for Decision: To enable arrangements for the inauguration to proceed.
Consultation: Legal and Finance
Recommendation(s): It is recommended that:
That Council agree the following nominations for the Lord Mayor Elect and Deputy Lord Mayor Elect for 2009/10 :
Lord Mayor Elect 2009/10 – Councillor Alan Lloyd Deputy Lord Mayor Elect 2009/10 – Councillor Richard Lewis
1. INTRODUCTION
1.1 The Protocol for the election of the Lord Mayor and Deputy Lord Mayor, as contained in the Constitution, was approved by Council on 28th February 2008.
1.2 The Protocol states that the Constitution Working Group (CWG) will determine whether the candidates meet the criteria set out in the Protocol and discuss the appropriateness of the candidates nominated for the role of Lord Mayor and Deputy Lord Mayor.
2. NOMINATIONS
2.1 It is the usual procedure for the Council to consider nominations for the Lord Mayor and Deputy Lord Mayor elect in February / March of each year so that the appropriate arrangements for the Inauguration can be put in place.
2.2 The Constitution Working Group considered the matter at its last meeting on 19th January 2009 and recommends the following nominations:
Lord Mayor Elect 2009/10 - Councillor Alan Lloyd Deputy Lord Mayor Elect 2009/10 - Councillor Richard Lewis
2.3 Council should note that the Protocol states that a Councillor will be honoured with the title of Deputy Lord Mayor and Lord Mayor only once. Councillor Richard Lewis has already served as Deputy Lord Mayor in 2003/04.Therefore, to elect Councillor Lewis as Deputy Lord Mayor in 2009/10 would not be in line with the Protocol. However, Council can agree not to follow the Protocol in appropriate circumstances and to facilitate the recommendation of the CWG, and agree the nomination of Councillor Richard Lewis as Deputy Lord Mayor, it is recommended that the Protocol is not followed in this instance.
3 RECOMMENDATION
That Council agree the following nominations for the Lord Mayor Elect and Deputy Lord Mayor Elect for 2009/10:
Lord Mayor Elect 2009/10 – Councillor Alan Lloyd Deputy Lord Mayor Elect 2009/10 – Councillor Richard Lewis
Background papers: Minutes of Constitution Working Group – 19th January 2009
Contact Officer: Stephen H Rogers 01792 636607 18.02.2009 Z: Word /Committee /Reports/Council Item No. 10 (A) (1)
Report of the Cabinet Member for Community Leadership & Democracy
Council - 26th February, 2009
A CORPORATE PARENTING FORUM FOR LOOKED AFTER CHILDREN
Summary
Purpose: To establish arrangements for the implementation of a Corporate Parenting Forum.
Policy Framework: Children Act 1989
Reason for Decision: To ensure that the Authority’s Corporate Parenting role is being fulfilled.
Consultation: Legal and Finance
Recommendation(s): It is recommended that:
1) Council establish a Corporate Parenting Forum. 2) Council agree the Terms of Reference and Forum representation. 3) Council agree the reporting of the Forum meetings to Cabinet and to the Health and Social Care Scrutiny and Overview Boards. 4) Council nominate 4 Elected Members to the Forum.
1. Introduction
1.1 This paper outlines a proposal to create a Corporate Parenting Forum. This Forum would be the body responsible for assessing that the Council’s Corporate Parenting Strategy is working successfully.
1.2 The Forum would be responsible for considering whether services for looked after children are fit for purpose; that those services are performance monitored; and that children and young people are engaged in the planning of their care.
2. Legislative Background
2.1 The Children’s Act 1989 provides the statutory framework through which the Local Authority responsibilities towards the care of children are defined. Children and young people become looked after either by:
• being subject to a court order. Section 31 of the Children’s Act 1989 is applicable where the Local Authority has ‘parental responsibility’ with his/her parents to ensure planning for their care meets the child’s needs.
• Or by being provided with accommodation (Section 20) where, on a voluntary basis, the local authority, supports the parents in the care of the child through offering accommodation because the person with parental responsibility recognises such support is required to achieve the best outcomes for the child. The Local Authority does not share parental responsibility for these children, which remains with the parents.
2.2 The term ‘Looked After’ refers to any child or young person for whom the authority has parental responsibility, or for whom the authority provides care and accommodation to the child or young person on behalf of their parent.
2.3 The term child can refer to any child or young person between 0-18 years. The Authority also has a duty and responsibility to those young people who leave care after the age of 16 years until they reach the age of 21 or 24 if they are in higher education.
3. What is Corporate Parenting?
3.1 Corporate Parenting involves the whole council being included in acting like a good parent with the support of its partner agencies, committing resources and working together to improve the lives of all Looked After Children, young people and care leavers. It is about prioritising the needs of Looked After Children and caring about what they want to do in life, to make the most of their lives. As Corporate Parents, when thinking about looked after children and young people and the services that respond to those needs, we should ask: ‘Would this be good enough for my child?’ If it’s not good enough, then we need to make it so.
3.2 The responsibility for corporate parenting lies with everyone who works for the Council, the Health Services and other organisations working with children. Within the Council every elected member also takes on the role of Corporate Parent. In so doing we all aim to improve the life chances of Looked After Children.
3.3 The roles of different agencies and departments of the Council are set out in our ‘Statement of Corporate Parenting’ (March 2003) and in the recently produced information for Elected Members ‘Supporting Children in Need and their families in Swansea’ (May 2008). A more extensive briefing booklet on ‘Corporate Parenting’ has been circulated to all Members of the Council.
4. Purpose of the Corporate Parenting Forum
4.1 The aims of the Corporate Parenting Forum would be:
• to work together, acting on behalf of the Council and partners, to aim to ensure that all of the services with a responsibility for Looked After Children, Young People and Care Leavers are of a high standard.
• to improve the life chances of Looked After Children in line with their peers. We need to encourage, protect and support our Looked After Children and Young People in order that our children can grow up, contribute and participate as healthy citizens within their community.
• that Members of the Corporate Parenting Forum will act as advocates for Looked After Children, work with and challenge colleagues about their responsibilities for these children & young people.
5. How the Forum would be Managed
5.1 The matter of how the Forum would be chaired was considered in the light of established Forum within the Authority, e.g. the Gower Countryside Forum. It is therefore suggested that the Forum should be chaired by an Elected Member nominated by Council.
5.2 The aims of the Forum were considered. It was concluded that the Forum should report to Cabinet as a decision making body. This could be on a regular basis such as quarterly, or when specific issues arose which the Forum consider necessary.
5.3 The role of the Health and Social Care Scrutiny and Overview Boards in scrutinising and overseeing the services provided by the Local Authority for children and young people also needs to be considered. It is therefore suggested that the report from the Forum should also be presented to these Boards for information.
5.4 Consideration was given as to whether the Forum should be a formal meeting of the Council, in which case the Local Government Act 1972 would apply in respect of access to Agendas, 3 day rule etc ,and whether the Forum would need to be serviced by Committee Clerks . It is suggested that this would be the best way forward. However, due to the nature of the matters to be considered by the Forum, members of the general public may need to be excluded if any personal, or other exempt information, is before them. If there is no personal information or exempt information to be considered, then meetings of the Forum would be open to the public. Suggested Terms of Reference are attached as an appendix. 6. The work of the Corporate Parenting Forum
6.1 The Panel will meet quarterly and will consist of: • 4 Elected Members • Two foster carers. • Social Services Accommodation Team Managers. • Up to three Looked After Children/Care Leavers. • The Principal Officer (Accommodation). • LAC Nurse Manager. • LAC Education Lead Officer. • A representative of the Housing Department.
All members of the Forum would be subject to a Criminal Record Bureau check as appropriate. The resourcing of Police Checks is currently under discussion corporately. However in the meantime any costs would be met from within existing resources.
6.2 The agenda will be organised by the Principal Officer (Accommodation) and include:
• Data including Looked after children performance indicators, population admissions and discharges, total LAC numbers and placements (including external placements), and numbers placed for adoption. • Management reports from our residential, fostering and adoption teams. • Reports of placement audits and inspections. • Reports on our business plans and their progress. • Discussion on strategic and service commissioning plans & policies. • Feedback from Rota visits and Regulation 32 & 33 visits. • Reports on education, and health and wellbeing issues relating to looked after children and care leavers. • Feedback on participation initiatives and their outcomes.
7. Financial Implications
7.1 There are no financial implications.
8. Legal Implications
8.1 The arrangements for the Corporate Parenting Forum will enable the Authority to address the requirements of the Children Act 1989 as noted in this report.
9. Recommendations
9.1 It is recommended that:
1. Council establish a Corporate Parenting Forum. 2. Council agree the Terms of Reference and Forum representation. 3. Council agree the reporting of the Forum meetings to Cabinet and to the Health and Social Care Scrutiny and Overview Boards. 4. Council nominate 4 Elected Members to the Forum.
Contact Officer: Katrina Guntrip 01792 636659 18.02.2009
Legal Officer Janet Hooper
APPENDIX
CORPORATE PARENTING FORUM
TERMS OF REFERENCE
1. The Corporate Parenting Forum will be responsible for considering that services for looked after children are fit for purpose; that these services are performance monitored; and that children and young people are engaged in the planning of their care (referred to in the following as the Forum). It will be convened by the Council.
2. The Forum will provide the opportunity for children and young people in public care to meet with Elected members and Managers from the Council and Health Services.
3. The Chair will be appointed by the Council. A Vice Chair shall be elected from the representatives present.
4. The Forum will be representative of the local authority, foster carers, Accommodation Team managers, Looked After Children/Care Leavers, Health, Education and Housing.
5. The Forum will meet quarterly.
6. The Forum will be supported by Officers from the Social Services Accommodation team which will draft the agenda.
7. The Forum will be serviced by Democratic Services.
8. Minutes of the meetings will be reported to Cabinet and the Health and Social Care Scrutiny and Overview Boards and made available to constituent organisations and reported to the next meeting.
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Item No. 10 (A) (2)
Report of the Cabinet Member for Community Leadership and Democracy
Council – 26th February 2008
COMMUNITY COUNCILS STANDARDS SUB COMMITTEE- APPOINTMENT OF COMMUNITY COUNCIL MEMBERS
Summary
Purpose: To agree the appointment of Community/ Town Councillor representatives to the Community Councils Standards Sub- Committee. Policy Framework: None
Reason for Decision: To appoint Community / Town Council representatives onto the Community Councils Standards Sub-Committee Consultation: Legal.
Recommendation(s): It is recommended that:
1) Council appoint Town Councillor G Bateman and Community Councillor L Pritchard as Community/Town Council representatives to the Community Councils Standards Sub-Committee for a term of 4 years or until the Local Government elections (whichever is shorter);
2) Council re-appoint Town Councillor D. C. Richards as a Community / Town Council Member of the Community Councils Standards Sub-Committee for one further term of 4 years or until the Local Government elections (whichever is shorter).
1. Introduction
The Council has established a Standards Committee in accordance with the Local Government Act 2000 and the Standards Committee (Wales) Regulations 2001 as amended. The Council have also agreed that a sub- committee be appointed to deal with Community Council Standards issues. The Sub-Committee has a maximum membership of 7 (4 Independent members / 3 Community Council Members).
2. Community / Town Councils
2.1. The term of office of all Community Councillors who sat on the Community Council Standards Sub-Committee came to an end at the time of the Local Government Elections in May 2008.
Following the Elections, Community / Town Councillors were asked for nominations to fill the vacancies on the Sub- Committee.
2.2 Five Community /Town Councillors expressed an interest and four were interviewed by a Panel on 20th January 2009 (a fifth candidate failed to turn up). The Panel recommend that the following Community / Town Councillors be appointed:
Town Councillor G. Bateman of Pontarddulais Town Council
AND
Community Councillor L. Pritchard of Mumbles Community Council
2.4 Town Councillor D. C. Richards previously served on the Sub- Committee from 2006 to the Local Government Elections in 2008.
2.5 The Standards Committee (Wales) Regulations 2001, as amended, provide that at the end of their term of office, a Member of the Standards Committee may be re-appointed by the Authority for one further consecutive term, but the further term cannot exceed four years. This also applies to the Community Councils Standards Sub-Committee provided they are still Community / Town Councillors.
2.6 Town Councillor D.C.Richards is eligible for re-appointment and has requested that he be re-appointed for a further term of four years or up until the next local Government elections (whichever is shorter).
3. RECOMMENDATION
That:
1) Council appoint Town Councillor G. Bateman and Community Councillor L. Pritchard as Community/Town Council Members of the Community Councils Standards Sub-Committee for a term of 4 years or until the Local Government Elections (whichever is shorter) ;
2) Council re-appoint Town Councillor D. C. Richards as a Community / Town Council Member of the Community Councils Standards Sub- Committee for one further term of 4 years or until the next Local Government elections (whichever is shorter).
Background papers: None Contact Officer: Stephen H. Rogers 01792 636607 26.11.2008 Z: Word /Committee /Reports/Council/09Feb26 Item No. 10 (A) (3)
Report of the Cabinet Member for Community Leadership & Democracy
Council – 26th February 2009
FREEDOM OF THE CITY AND COUNTY OF SWANSEA TO 1st THE QUEEN’S DRAGOON GUARDS (The Welsh Cavalry)
Summary
Purpose: To agree to grant the freedom of the City and County of Swansea to 1st The Queen's Dragoon Guards (The Welsh Cavalry). Policy Framework: None.
Reason for Decision: To enable the necessary arrangements to be made.
Consultation: Legal and Finance
Recommendation(s): It is recommended that The Council agree to grant the Honorary Freedom of the City and County of Swansea on 1st The Queen’s Dragoon Guards (The Welsh Cavalry) in recognition of the of their 50th anniversary, their long standing relationship with the City and County of Swansea as a recruitment area and to mark the return of their deployment to Afghanistan.
1. Introduction
1.1 1st The Queen’s Dragoon Guards (The Welsh Cavalry) has had a long association with South Wales and celebrates their 50th anniversary of their formation in 2009.
1.2 The Regiment are returning from a six month tour of duty in Afghanistan in Spring 2009 and Swansea remains one of their major recruiting areas with many local people serving in the Regiment.
2. Section 249 of the Local Government Act 1972.
2.1 Under section 249 of the Local Government Act the Council may by resolution passed by not less than two thirds of the members voting thereon, admit to be an Honorary Freeman person of distinction and persons who have, in the opinion of the Council rendered eminent service to the County.
2.2 In the past similar honours have been bestowed by the Council and its predecessors on The Royal Welsh Regiment (Royal Welch Fusiliers), HM Coastguard, RNLI, former President Jimmy Carter, the late Lord Callaghan, the late John Charles and more recently HMS Scott.
3. Ceremony Arrangements
3.1 It is proposed that the ceremony will be held at an Extraordinary meeting of the Council to be held at the Council Chamber, The Guildhall, Swansea on 11th July 2009 at 10.00 a.m.
4 Financial Implications
The cost of the proceedings, including a Freedom Scroll, can be met from the Corporate Promotions budget.
4. Legal Implications
The power to grant Honorary Freedom of the City and County of Swansea is contained in Section 249 of the Local Government Act 1972.
5. Recommended that:
It is recommended that The Council agree to grant the Honorary Freedom of the City and County of Swansea on 1st The Queen’s Dragoon Guards (The Welsh Cavalry) in recognition of the of their 50th anniversary, their long standing relationship with the City and County of Swansea as a recruitment area and to mark the return of their deployment to Afghanistan.
Background papers: None Contact: Jo-anne Cutler 01792 637553 Legal Officer: David Daycock Z: Reports /Council /06Jun29 /HonFreedom Item No. 10 (A) (4)
Report of the Cabinet Member for Community Leadership and Democracy
Council – 26th February 2009
MEMBERSHIP OF COMMITTEES/OUTSIDE BODIES
Summary
Purpose: That Council notes the nominations for membership of the Outside Body below.
Policy Framework: None
Reason for Decision: To agree nominations for Committee Membership/Outside Bodies. Consultation: Political Groups.
Recommendation(s): It is recommended that:
1) That Council approves the amendments to the membership of the Committees/Boards listed and notes the nomination to the Outside Body outlined.
1.1 The Council, at its Annual Meeting on 15th May 2008, agreed membership of the various Committees / Boards as reflected in the lists submitted by the political groups to the Head of Community Leadership and Democracy.
2. CHANGES TO OUTSIDE BODIES
2.1.1 The Groups shown have since submitted further minor changes/nominations which are outlined below -
Swansea Administration Group
Swansea Local Health Board - Remove DA Robinson and add IM Richard
Conservative Group
Appointments Committee – Appoint P Hood-Williams in place of R Kinzett Area 1 - Appoint P Hood-Williams in place of R Kinzett Environment, Regeneration & Culture Scrutiny - Appoint P Hood- Williams in place of R Kinzett Finance, Audit & Business Improvement Overview – Appoint T Colburn in place of R Kinzett
3 RECOMMENDATION That Council approves the amendments to the membership of the Committees/Boards listed and notes the nomination to the Outside Body outlined.
Background papers: Local Government & Housing Act 1989, the Local Government (Committees & Political Groups) Regulations 1990.
Contact Officer: Gareth Borsden 01792 636824 18.02.2009 Item No. 10 (B) (1)
Report of the Leader
Council - 26th February 2009
HACKNEY CARRIAGE DEMAND SURVEY 2008
Summary
Purpose: This report details the outcome of the survey of hackney carriage demand in Swansea and requests consideration of whether a limit should be placed on the amount of Hackney Carriage vehicles.
Policy Framework: The Council Licensing Policy.
Reason for Decision: For Council to determine whether it wishes to introduce a limit on the number of Hackney Carriage vehicle licences issued.
Consultation: Legal and Democratic Services and Finance.
Recommendation(s): In taking all factors into consideration Cabinet recommend that Council do not limit the number of hackney carriage vehicle licences issued.
1. Introduction
1.1 Consideration of this matter was deferred at the meeting of Council on the 4th December 2008 for Members to receive training on the legal implications contained in the report. This training was carried out on 21st January 2009.
1.2 Members will recall a request was received from the Rail, Maritime and Transport Workers Union (RMT) on behalf of certain members of the hackney carriage trade, that the City and County of Swansea undertake a survey of demand for hackney carriage vehicles in Swansea with a view to limiting the number of hackney carriage vehicle licences issued.
1.3 This request was considered by Council on the 8th March 2007. A copy of the report is attached at Appendix A.
1.4 The decision of Council was that before determining whether or not to undertake a survey of demand in the city, that a consultation be carried out with all interested parties and that the Environment Scrutiny Board oversee the consultation and report back to Council for decision on the way forward.
2. Results of Consultation
2.1 The consultation was completed and the report of the Environment Scrutiny Board was considered by Council on 6th December 2007. A copy of the report is attached at Appendix B.
2.2 The decision of Council following consideration of the report was that a survey be carried out to determine whether or not there is significant unmet demand for hackney carriage services in Swansea.
3. The Survey
3.1 Following the required tender process a company called Halcrow were commissioned to carry out the survey of demand.
3.2 This survey was carried out over a period of time and involved observations at the city’s taxi ranks, on-street survey of the public and written consultation with key stakeholders.
4. The Results of the Survey
4.1 The final report from Halcrow, detailing the findings of the survey together with options available to the Council is attached at Appendix C.
4.2 The study from Halcrow concludes that there is no evidence of significant unmet demand for hackney carriages in the City & County of Swansea.
5. Observations
5.1 Whilst the study shows that there is no evidence of significant unmet demand for hackney carriages in Swansea this is only one consideration that the Council will need to take into account when making a decision to limit numbers. Members will also need to bear in mind the Department for Transport Best Practice Guidance for Taxi Licensing issued in 2006. This states that the DFT considers it to be best practice not to impose quantity restrictions as follows:
“most local licensing authorities do not impose quantity restrictions; the department regards that as best practice”.
5.2 The Department for Transport also asked those authorities that imposed quantity restrictions to review their policies as they believe that such restrictions should only be maintained where there is clear benefit to the consumer i.e. the travelling public.
5.3 Up to date information obtained regarding the number of local authorities that currently impose quantity restrictions demonstrates that there is a clear trend toward removing the restrictions. Currently 92 out of 343 (26.8%) local authorities impose quantity restrictions compared to 45% in 2003. In essence, 40% of those authorities that used to restrict no longer do so.
5.4 Up to date figures regarding the number of licensed hackney carriage vehicles in Swansea demonstrate that the market continues to sustain growth.
i. the number of hackney carriage vehicles currently licensed is 384 increasing from 373 in March 2007. ii. since March 2007 35 new applications for hackney carriage vehicles have been received and 24 licences have been returned, resulting in an overall increase of 11 vehicles.
6. Advantages and Disadvantages of Quantity Regulation
6.1 The government, whilst taking the view that local authorities should continue to be responsible for making decisions about whether or not to control taxi numbers in their area, make it clear that those authorities that impose quantity controls must review their policies with particular emphasis on benefits for consumers and in their response to the OFT report urged them to abandon such controls unless they could demonstrate that they were in the best interests of the consumer.
6.2 The advantages and disadvantages to consumers, the Council and the Taxi Trade of imposing quantity restrictions, are summarised below:-
Advantages and Disadvantages to Consumers
Advantages Disadvantages
• May make drivers who rent • Increase in unlicensed activity vehicles as they are unable which will pose a threat to to acquire a licence of their public safety. own, work at the least attractive times i.e. • Improvements to the wheelchair evenings and weekends. accessible fleet would be halted or progress at a much reduced rate.
• Private hire trade likely to • Increase in waiting times increase therefore particularly during times of high consumers would have an demand. increased supply of pre- booked vehicles. • Knock on effect of longer waiting times and fewer taxis available could increase alcohol related crime and disorder particularly in the city centre.
• Taxi drivers ‘cherry’ pick when they work and less taxis available during unsocial hours.
• Less choice.
• Increase in latent demand. (People use other forms of transport.)
• Restricts competition.
• Prevents new applicants entering hackney carriage vehicle trade.
Advantages and Disadvantages to the Council/Other Bodies
Advantages Disadvantages
• Reduced administrative • Increase in unlicensed activity burden of new applications requiring greater enforcement. for hackney carriage vehicle licences (but likely • Depending on limit, decrease in increase in private hire income received to fund trade). additional enforcement.
• Possible reduction in need • Greater likelihood of legal for rank space. challenge in any new policy.
• Depending on limit set, • Financial implications of maintenance of current ongoing funding required for levels of traffic congestion. surveys/legal challenges.
• Depending on limit set, • Increase in alcohol related maintenance of current crime and disorder at taxi levels of environmental ranks/city centre. impact. • Halted/reduced improvement in wheelchair accessible fleet.
• Departure from government ‘best practice’ guidance.
• Reduction in new business starts.
Advantages and Disadvantages to the Trade
Advantages Disadvantages
• Protection of their • Increased fees to fund ongoing trade/reduced competition. financial implications of limiting.
• Vehicle plates command a • Increased ‘latent’ demand premium (some authorities (people use other forms of report values of £4,000 up transport). to £80,000). • Subsequent decision to remove • Increased earnings. any limit would render vehicle premium worthless creating a • Need to work less negative equity for licence hours/increased choice of holders. when they want to work. • Increased dissatisfaction by • Shorter waiting time for customers as a result of longer fares. waiting times.
7. Financial Implications
7.1 If a limit was introduced this would have to be based on a survey that reflects demand at a particular time. This information would need to be kept up to date through regular surveys at a maximum interval of three years. The DFT Guidance suggests that this cost can be met through the revenue raised from taxi licence fees and could be somewhere in the region of £15,000. The costs would need to be borne entirely by the licence holders including a margin to cover the costs of fighting any legal challenges resulting from introducing a limit. Taxi fees would therefore need to be increased to fund these costs.
7.2 Limitation would obviously remove any additional income receivable from the granting of new vehicle licences. Based on the number of new applications received since March 2007 this would mean a reduction in income of £2,000 per year. This would have a knock on effect in relation to the overall service provision.
8. Legal Implications
8.1 Section 16 of the Transport Act 1985 amended the Town Police Clauses Act 1847 and allowed Councils to restrict the numbers of Hackney Carriage vehicles if they wished to do so. It must be noted that this is discretionary.
In order to satisfy the prescriptive provisions of the Transport Act, before exercising this discretion, Council must be satisfied that there is no significant unmet demand. The survey from Halcrow confirms that, at this point in time, their opinion is that there is no significant unmet demand.
8.2 This does not mean that the Council must limit hackney carriage vehicle licences issued, even if it is satisfied that demand is met. The effect of the 1985 Act is to prevent the Council from restricting the numbers for any other reason.
8.3 Clearly any decision that Council make whether to place a limit on the number of Hackney Carriage vehicles or not, could potentially be open to challenge by way of Judicial Review. Therefore, Council will need to ensure that it takes all factors into consideration. It is the case that this is a discretionary function and as such, the Court will be unlikely to intervene in the exercise of a discretion unless the decision making process was flawed. Any decision would have to avoid being “Wednesbury” unreasonable. This means that the Council will have to take account of relevant considerations, not take into account irrelevant considerations and come to a decision that a reasonable Council would reach based on the circumstances before it.
8.4 The Department for Transport Guidance referred to in the Licensing Officers report does not have statutory effect; this means that it is not something prescriptive that binds the Council. However, it would be highly unusual for a public body to depart from guidance from national government unless there were good reasons for doing so. In this case Government guidance suggests that a licensing authority’s decision of whether or not to limit hackney carriage vehicles should be approached in terms of the interests of the travelling public. Clearly this factor must be taken into account. If Council were to depart from this non statutory guidance, it would have to carefully set out and record its reasons for doing so. If this were not done then, if the Council did limit, any interested party could apply for a Judicial Review of the decision alleging that the Council had failed to take into account a relevant consideration.
8.5 Further, if Council should set a limit, there is a possibility of challenge by future applicants for a Hackney Carriage licences on the basis that the Council had unreasonably fettered its discretion. Any policy introduced must be kept under review and also be seen to be responsive to changes in the local economy impacting upon the hackney trade.
8.6 There are also suggestions that a limit would create a closed market which could consequently be in restraint of trade. It is the view of the Office of Fair Trading that it is preferable that an open market is maintained.
9. Director’s View
9.1 In summary, it is the Director’s view that on balance it is not in the interest of the Council or the consumer to limit the number of hackney carriage vehicle licences issued. It may be seen however to be in the interest of some aspects of the trade.
10. Recommendation
10.1 In taking all factors into consideration Cabinet recommend that Council do not limit the number of hackney carriage vehicle licences issued.
Background Papers
• Previous Council reports; December 2008, March 2007, December 2007 • Scrutiny reports; April 2007, June 2007, August 2007 • Report to Cabinet; 20th November 2008. • Hackney Carriage Demand Survey 2008 • The Regulation of Licensed Taxi and Private Hire Vehicle Service in the UK • Office of Fair Trading; Report 2003 • Department for Transport:- Taxi and Private Hire Vehicle Licensing Best Practice Guide 2006 • Department for Transport Taxi Licensing:- Review of Local Authority Quantity Control Policies 2005
Contact Officer: Martin Saville, Head of Environmental Health Services 01792 635602
Legal Officer – Patrick Arran 01792 636621
File Reference: X: ELH2476 Appendix A Appendix B Appendix C
APPENDIX C
Halcrow Group Limited Arndale House Otley Road Headingley Leeds LS6 2UL Tel +44 (0)113 220 8220 Fax +44 (0)113 274 2924 www.halcrow.com
City and county of Sw ansea/ D inas a Sir A bertaw e H ackney Carriage Dem and S urvey F in al R e p o rt O c to b e r 2008
Contents Amendment Record This report has been issued and amended as follows:
Issue Revision Description Date Signed
Contents
1 Study Objectives and Overview 6 1.1 General 6
2 Background 7 2.1 General 7 2.2 Relevant Entry Control Regulations 7 2.3 Swansea Area Overview 7 2.4 Background to the Hackney Carriage Market in Swansea 8 2.5 Provision of Hackney Carriage Stands 9 2.6 Hackney Carriage Fares and Licence Premiums 12 2.7 Local Policy 15
3 Definition, Measurement and Removal of Significant Unmet Demand 16 3.1 Introduction 16 3.2 Overview 16 3.3 Defining Significant Unmet Demand 16 3.4 Measuring Patent Significant Unmet Demand 18 3.5 Determining the Number of New Licences Required to Eliminate Significant Unmet Demand 20 3.6 Note on Scope of Assessing Significant Unmet Demand 22
4 Evidence of Patent Unmet Demand – Rank Observation Results 23 4.1 Introduction 23 4.2 The Balance of Supply and Demand 23 4.3 Average Delays and Total Demand 24 4.4 The Delay/Demand Profile 25 4.5 The Effective Supply of Vehicles 27 4.6 Illegal Plying for Hire 27 4.7 Deriving the Significant Unmet Demand Index Value 27 4.8 Swansea Compared to Other Districts 28 4.9 Results of the Comparison with Previous Studies 28
5 Evidence of Suppressed Demand – Public Attitude Pedestrian Survey Results 31 5.1 Introduction 31 5.2 Method of Hire on Last Trip 31 5.3 Service Improvements 33
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5.4 Safety & Security 35 5.5 Hackney Carriage Services 36 5.6 Ranks 36
6 Consultation 38 6.1 Introduction 38 6.2 W ritten Consultation 38 6.3 Comments Received 38 • Parking problems as the rank at the bottom W ind Street where problems occur at weekends when passengers are dropped off; 39 • The wait for a wheelchair accessible vehicle was cited as being unacceptable; 39 • Fares seem very high late at night; and 39 • Levels of advertising seem low. 39
7 Summary and Conclusions 43 7.1 Introduction 43 7.2 Significant Unmet Demand – Patent and Latent 43
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1 Study Objectives and Overview
1.1 General 1.1.1 This study has been conducted by H alcrow on behalf of City and County of S wansea in pu rsuit of the followin g objectives:
• to identify whether or not there exists a significant unm et dem and for hackney carriag e se rvice s in S wanse a; an d • to re c o m m e n d ho w m an y additio n al hac k n e y c arriag e s are re q u ire d to e lim in ate any significant unm et dem and.
1.1.2 In 2006 the DfT p ro du ce d ”B e st Practice G uidan ce ‘ fo r taxi lice n sin g . The g u idance also re state d that the DfT c o n side rs it to b e b e st p rac tic e n o t to im p o se q u an tity re stric tio n s. H owever where restrictions are im posed, the Departm ent urges that the m atter is re gularly reco nside re d.
1.1.3 The DfT guidance is just that, guidance. W e are unaware of any actual (or proposed) chang e in legislation that would affect the legal standing of an entry control p olicy in the conte xt of local hackn ey carriage m arkets. The larg e body of well established case law and precedent should be unaffected by this guidance. Notwithstanding this, the local autho rity m ay wish to take this g uidance into co nsideration whe n determ inin g its policy, particularly given the forthright way in which DfT cho oses to e xp re ss its vie ws on entry co n tro l in Parag rap h 31:
”Most local licensing authorities do not impose quantity restrictions; the Department regards that as b est practice.‘
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2 Background
2.1 General 2.1.1 This section of the report provides a general background to the taxi m arket in S wansea and the relevant legislation governing the m arket. This section of the report also provides a background to relevant local policy.
2.2 Relevant Entry Control Regulations 2.2.1 U nder the Town Police Clauses Act 1847, a licensing authority had an unfettered discretion to lim it the num ber of hackney carriage licences by being able to licence only such num bers as it thought fit. It was a power, which was widely used by m any authorities to restrict the num bers of hackney carriages for the purpose of exercising control and supervision over them . U nder the Transport Act 1985, the position in law chan g ed an d the 1847 Act, as n o w am e n de d b y S e ctio n 16, p ro vide s as follo ws:
—T hat the grant of a licence may b e refused for purposes of limiting the numb er of hack ney carriages… , if b ut only if, the person authorised to grant a licence is satisfied that there is no significant demand for the serv ices of hack ney carriages… w hich is unmet“.
2.2.2 The Act also provides for an appeals procedure whereby unsuccessful applicants for hackney carriage lice nce s m ay call upon an authority to dem onstrate that it is satisfied that the re e xists no significant unm et dem an d. If, in the eyes of the Co urt, the Autho rity fails to m eet this requirem ent, the appeal against the refusal to issue a licence will be su c c e ssfu l.
2.3 Swansea Area Overview 2.3.1 S wansea is located on the S outh W ales coast. The City and County of S wansea covers areas in cluding the city of S wanse a and the areas of M um bles an d the G ower pe nin sula. The p o p u latio n o f the au tho rity stan ds at 223,301. S wan se a is the third m o st p o p u lo u s county in W ales, and the city is the second m ost populous in W ales.
2.3.2 The City an d Co un ty o f S wan se a are a is b o rde re d b y Carm arthe n shire to the n o rth, an d Ne ath Po rt Talb o t to the e ast. The lo c atio n o f S wan se a is sho wn in 2.1.
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Figure 2.1 M ap of S w ansea
2.3.3 S wansea originally developed as a centre for m etals and m ining, but today the m ost im p o rtan t se c to rs in S wan se a are p u b lic adm in istratio n , e du c atio n , he alth, m anufacturing, banking and finance, service sector, and tourism as it is a popular holiday re sort. The City & County of S wanse a has a vibrant to urist in dustry attracting alm ost 4 m illion visitors each year. S wansea also has a large student population of aro u n d 10,500 U n iv e rsity stu de n ts an d o v e r 15,000 c o lle g e stu de n ts.
2.3.4 There are in excess of 1000 licensed prem ises in the City and County of S wansea and m any of the City‘s R estaurants, Café‘s, Pubs, wine bars and night clubs are located along the K ingsway and W ind S treet area of S wansea.
2.4 Background to the Hackney Carriage Market in Swansea 2.4.1 The City and County of S wansea do not currently enforce a num erical lim it on the num ber of hackney carriages. There are currently 386 licensed hackney carriages, giving a level of hackney carriage provision of one per 579 resident population. The City
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and County of S wansea have been a derestricted authority since 1992 and operate a m ixed fle et of vehicle s.
2.4.2 The private hire fleet consists of ap proxim ately 342 ve hicle s. In view of the size of this fleet relative to the hackney carriage fleet, it is evident that hackney carriages are do m in an t in the S wan se a tax i m ark e t.
2.4.3 F igure 2.2 com pares S wansea‘s hackney carriage provision with that of neighbouring au tho ritie s. It in dic ate s that S wan se a has the third b e st p e r c ap ita hac k n e y p ro v isio n o f its n e ig hb o u rin g au tho ritie s.
Figure 2.2 P opulation per H ackney
1200
1000
800
600
400 Population per hackney
200
0 Bridgend Neath Port Talbot Sw ansea Carmarthenshire Vale of Glamorgan
2.5 Provision of Hackney Carriage Stands 2.5.1 The re are cu rre ntly 13 official ranks lo cate d in the City an d Co u nty o f S wan se a lice n sin g distric t, o f whic h 5 are 24 ho u r ran k s. In additio n the re is o n e p riv ate ly o wn e d ran k . A tab le to sho w the ran ks lo catio n s an d n u m be r o f sp ace s are shown in table 2.1.
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Table 2.1 Taxi Ranks
R ank location H ours of O peration S t. M ary‘s S tre et, 24 ho u r K in g sway (NCP) 24 ho u r Q u adran t 24 ho u r M o rristo n R an k , 24 ho u r H igh S treet S tation R ank 24 ho u r Po rtlan d S tre et 0600-1800 Cae r S tre e t, 1800-0600 M c Do n alds, K in g sway 2300-0600 K ingsway, outside the H anbury Public H ouse 2300-0600 H igh S treet 2300-0600 Castle S tre e t, 1900-0600 Ne wto n S tre e t 1800-0600 Co lle g e S tre e t 2300-0600 Newton R oad R ank, M um bles. 2300-0600 Y ork S treet, 2200-0600
2.5.2 In addition to the official ran ks the re is un official rank o n W ind S treet in the city ce ntre. W ind S treet is closed after 7:00pm on Thursdays, F ridays and S aturdays. A num ber of hackney carriages park at the bottom of W ind S treet, adjacent to V ictoria Q uay due to the num ber of licensed prem ises in this area. O n week nights when W ind S treet is open hackn e y ve hicle s will p ark alo n g the le n g th o f this S tre e t to await fare s.
2.5.3 Caer S treet rank and the surrounding road system is an extrem ely busy area. In order to service this area it is accepted that hackney vehicles use S t. M ary‘s ran k as a fe eder rank and queue behind Prim ark shopping centre. This system works well in conjunction with taxi m arshals that are em ployed o n Cae r S tre et rank as well as being sup po rted by the p o lic e .
2.5.4 Plate s 1 an d 2 sho w the lo catio n o f two o f the ran ks in S wan se a
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Plate 1 S t M ary’s R ank
P late 2 K ingsw ay (N CP ) rank
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2.6 Hackney Carriage Fares and Licence Premiums 2.6.1 H ackney carriage fare s are regulated by the Lo cal Autho rity. The re are thre e tariffs, a stan dard tariff (6am -10p m ), a n ig ht, S u n day an d B an k ho liday tariff (10p m -6am ) an d a tariff fo r Christm as an d Ne w Y e ar. The re are additio n al c harg e s fo r waitin g tim e .
2.6.2 Tariff 1 is m ade up of two elem ents; an initial fee (or —drop“) of £1.50 for entering the v e hic le an d trav e llin g an y distan c e u p to 285 y ards. F o r an additio n al 285 y ards trav e lle d the fe e is 25p , p lu s fix e d additio n s fo r waitin g tim e . A two -m ile fare fo r tariff 1 wo u ld therefore be £4.50. Tariff 2 has an initial fee of £1.70 for entering the vehicle and trav e llin g an y distan c e u p to 285 y ards. F o r an additio n al 285 y ards the fe e is 30p , p lu s fixe d additio n s fo r waitin g tim e. A two -m ile jo u rn e y fo r tariff 2 wo u ld the refo re b e £ 5.30. Table 2.2 o u tlin e s the fare stru ctu re in m o re detail.
2.6.3 In the published m onthly league table, S wansea is ranked 282 of the 375 authorities c ite d (Priv ate H ire an d Tax i M o n thly , Au g u st 2008). F are s are lo we r than what is ty p ic al elsewhere across the U K and when com pared to neighbouring and nearby authorities. Table 2.3 provides a com parison of where neighbouring and nearby authorities rank in te rm s o f fare s.
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Table 2.2 City & County of Sw ansea H ackney Carriage Fare Tariff
P ric e Tariff 1 (B etw een 6am and 10pm ) F o r the first 285 y ards trav e lle d £ 1.50 F o r e ach 285 yards o r p art the re o f £ 0.25 W aitin g tim e fo r e ac h p e rio d o f 70 se c o n ds £ 0.25 Tariff 2 (B etw een 11pm and 6am and on Sundays and all B ank H olidays) F o r the first 285 y ards trav e lle d £ 1.70 F o r e ach 285 yards o r p art the re o f £ 0.30 W aitin g tim e fo r e ac h p e rio d o f 70 se c o n ds £ 0.30
T a riff 3 (Christm as - 24th Dece m be r 18.00 hou rs to 27th Decem ber 06.00 hours an d Ne w Y e ar - 31st Decem b er 18.00 hours to 2n d J an u ary 06.00 ho u rs)
F o r the first 285 y ards trav e lle d £ 2.55 F o r e ach 285 yards o r p art the re o f £ 0.45 W aitin g tim e fo r e ac h p e rio d o f 70 se c o n ds £ 0.45
O ther Charges S o ilin g £ 50.00
S ource: C ity & C ounty of S w ansea
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Table 2.3 Com parison of N eighbouring A uthorities in Term s of Fares (figures are ranked out of a total of 377 A uthorities w ith 1 being th e m ost expensive)
Local A uthority R a n k V ale of G lam organ 178 Ne ath Po rt Talb o t 250 B ridg e n d 256 S w a n s e a 282 Carm arthe n shire 288
Source: Private Hire and Taxi Monthly, August 2008
2.6.4 W here local hackney carriage m arkets are subject to both price and entry regulation, it has com m only been the case that a rent accrues to the ownership of the vehicle licence. This re nt o r —p rem iu m “ is difficult to asse ss accu rately as the re -sale o f ve hicle lice n ces is not encouraged by the Authority. There is no prem ium at present in S wansea, however, if a lim it on the num ber of hackney vehicle licences is introduced, it is likely that o v e r tim e a p re m iu m wo u ld ap p e ar
2.6.5 The existence of a licence prem ium is evidence of —excess“ profit; that is, profit that would not exist if the level of supply of hackney carriages was determ ined by the m arket rather than by the R egulator. Licence prem ium s do not exist in Authorities where quantity controls are absent. This does not m ean that we judge hackney carriage proprietors in S wansea to be m aking too m uch m oney. It is not within our rem it to com m ent on what is or is not an appropriate rate of rem uneration from hackney carriage operation. The term —excess“ profit sim ply m eans that earnings from plying for hire are hig he r at p re se nt than the y wo u ld b e if a free e n try p olicy was in tro du ce d.
2.6.6 Although a prem ium is a clear indicator of higher than —m arket“ profits it is not necessarily an indicator of significant unm et dem and. W here a prem ium exists, this m ay be due to low cab waiting tim e associated with under-supply, and hence passenger de lays. Alte rn ative ly, it m ay b e du e to a fare s le ve l, which is hig he r than the b re ak-eve n level for a given supply. Finally, it m ay sim ply be a reflection of the absence of alternative m eans of gaining em ploym ent.
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2.7 Local Policy 2.7.1 City and County of S wansea is in the process of developing the U nitary Developm ent Plan, which will re place the Local Plans. City an d Co unty of S wansea Local Plan sets out S wansea‘s plans in term s of regeneration and developm ent in the city. The key aim s o f the L o cal Plan are : • F ull provision for the developm ent needed to provide for the em ploym ent, housing, public service and recreation n eeds of the City; • Protection, m anagem ent and im provem ent of the City's Environm ental Capital; • Channelling developm ent in a way which seeks to secure a positive environm ental e ffe c t; • S afe g u ardin g the re te n tio n an d re v italisatio n o f e x istin g c e n tre s, with p artic u lar reference to the City Centre; • R educing the im pact of traffic on the environm ent; and • Creating a quality environm ent based on a high standard of new developm ent.
2.7.2 Considerable progress has been m ade in revitalising the urban core based on the City Centre and its fring e an d the L ower S wanse a V alle y. This inco rp orates the consolidation of the City Centre and its eastern fringe, the extension of the M aritim e Q uarter east of the river into Parc Tawe, the developm ent of S wansea V ale and a range of developm ent initiatives in the central part of the valley including W hite R ock, Pluck Lake and the com pletion of the Enterprise Park.
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3 Definition, Measurement and Removal of Significant Unmet Demand
3.1 Introduction 3.1.1 S ection 3 provides a definition of significant unm et dem and derived from experience of o v e r 120 u n m e t de m an d stu die s sin c e 1987. This le ads to an o b je c tiv e m e asu re o f significant unm et dem and that allows clear conclusions regarding the presence or absence of this phe nom en on to be drawn. F ollowin g this, a description is provided of the S U DS IM m odel which is a tool developed to determ ine the num ber of additional hackney licences required to elim inate significant unm et dem and, where such unm et dem and is fo u n d to e x ist.
3.2 Overview S ignificant U nm et Dem and (S U D) has two com ponents:
• p ate n t de m an d œ that whic h is dire c tly o b se rv ab le ; an d • —su p p re sse d“ de m an d œ that whic h is re le ase d b y additio n al su p p ly .
3.2.1 Patent dem and is m easured using rank observation data. S uppressed (or latent) dem and is assesse d usin g data from the rank o bservation s and p ublic attitude interview survey. B oth are brought together in a single m easure of unm et dem and, IS U D (Index of S ignificant U nm et Dem and).
3.3 Defining Significant Unmet Demand 3.3.1 The provision of evidence to aid licensing authorities in m aking decisions about hackney carriage provision requires that surveys of dem and be carried out. R esults based on observations of activity at hackney ranks have becom e the generally accepted m inim um requirem ent.
3.3.2 The definition of significant unm et dem and is inform ed by two Court of Appeal judgem ents:
• R v G reat Y arm outh B orough Council ex p S awyer (1987); and
• R v Castle Point B orough Council ex p M aude (2002).
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3.3.3 The S awyer case provides an indicatio n of the way in which an Authority m ay interpret the findings of survey work. In the case of S awyer v. Y arm outh City Council, 16 June 1987, L o rd Ju stice W o olf rule d that an Au tho rity is e ntitled to co n side r the situatio n fro m a tem poral point of view as a whole. It does not have to condescend into a detailed consideration as to what m ay be the position in every lim ited area of the Authority in relatio n to the particular tim e of day. The area is req uired to give effect to the language u se d b y the S e c tio n (S e c tio n 16) Tran sp o rt Ac t 1985 an d c an ask itse lf with re g ard to the are a as a who le whe the r o r n o t it is satisfie d that the re is n o sig n ific an t u n m e t de m an d.
3.3.4 The term —suppressed“ or —latent“ dem and has caused som e confusion over the years. It sho uld b e pointe d out that following M au de v Castle Point B orou gh Coun cil, he ard in the Court of Appeal in O ctober 2002, the term is now interpreted to relate purely to that dem and that is m easurable. F ollowing M aude, there are two com ponents to what Lord Justice K eene prefers to refer to as —suppressed dem and“:
• what c an b e te rm e d in ap p ro p riate ly m e t de m an d. This is c u rre n t o b se rv ab le dem and that is being m et by, fo r exam ple, private hire cars ille gally ran kin g up; an d • that whic h arise s if p e o p le are fo rc e d to u se so m e le ss satisfac to ry m e tho d o f trave l du e to the u n availab ility o f a hackn e y carriag e.
3.3.5 If dem and rem ained at a constant level throughout the day and week, the identification and tre atm e nt of sig nificant u nm et dem an d would be m ore straig ht-fo rward. If the re we re m ore cabs than required to m eet the existing dem and there would be queues of cabs on ranks throughout the day and night and passenger waiting tim es would be zero. Conversely, if too few cabs were available there would tend to be queues of passengers throu ghout the day. In su ch a case it would, in p rin ciple, be a sim ple m atter to estim ate the increase in supply of cabs necessary to just elim inate passenger queues.
3.3.6 Dem and for hackney carriages varies throughout the day and on different days. The problem , introduced by variable dem and, becom es clear when driver earnings are c o n side re d. If de m an d is m u c h hig he r late at n ig ht than it is du rin g the day , an in c re ase in cab supply large enough to elim inate peak delays will have a disproportionate effect o n the o ccu p atio n rate o f cab s at all o the r tim e s. Earnin g s will fall an d fare s m ig ht have to b e incre ase d sharp ly to su stain the su p ply of cabs at o r n e ar its ne w le ve l.
3.3.7 The m ain im plication of the p resent discussion is that it is nece ssary, whe n con sidering whether significant unm et dem and exists, to take account of the practicability of im pro vin g the standard of service throug h incre asin g supply.
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3.4 Measuring Patent Significant Unmet Demand 3.4.1 Tak in g in to ac c o u n t the e c o n o m ic , adm in istrativ e an d le g al c o n side ratio n s, the ide n tific atio n o f this im p o rtan t asp e c t o f sig n ific an t u n m e t de m an d sho u ld b e tre ate d as a three stag e p ro ce ss as follo ws:
• ide n tify the de m an d p ro file ; • estim ate p assen ge r and cab delays; and • com pare estim ated delays to the dem and profile.
3.4.2 The broad inte rp retation to be given to the re sults of this com p arison are sum m arised in Tab le 3.1.
Table 3.1 Existence of Significant Unm et Dem and (SUD) Determ ined by Com paring Dem and and D elay P rofiles
Delays during peak only Delays during peak and other tim es De m an d is: Highly Peaked No S U D Po ssib ly a S U D N ot H ighly Peaked Po ssib ly a S U D Po ssib ly a S U D
3.4.3 It is clear from the content of the table that the sim ple descriptive approach fails to provide the necessary degree of clarity to support the decision m aking process in cases where the unam biguous conclusion is not achievable. H owever, it does provide the basis of a robust assessm ent of the principal com ponent of significant unm et dem and. The analysis is therefore extended to provide a m ore form al num erical m easure of significant unm et dem and. This is based on the principles contained in the descriptive ap p ro ach b u t p ro vide s g re ate r clarity. A de scriptio n fo llo ws.
3.4.4 The m e asu re fee ds dire ctly o ff the re su lts o f o b se rvatio n s o f activity at the ran ks. In p articu lar it take s acco u n t o f:
• case law that su g g e sts an au tho rity sho u ld take a b ro ad vie w o f the m arke t; • the e ffe ct o f diffe re n t le vels of su p p ly du rin g diffe re n t p e rio ds at the ran k o n service q uality; • the n e e d fo r co n siste nt tre atm e nt of diffe re n t autho rities, an d the sam e autho rity over tim e.
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3.4.5 The Index of S ignificant U nm et Dem and (IS U D) was developed in the early 1990‘s and is b ase d on the followin g fo rm ula. The S F elem ent was intro du ced in 2003 and the L DF elem ent was introduced in 2006 to reflect the increased em phasis on latent dem and in DfT G u idan c e
ISU D = A PD x PF x G ID x SS P x SF x LD F
W he re :
APD = Average Passenger Delay calculated across the entire week.
PF = Pe ak in g F ac to r. If p asse n g e r de m an d is hig hly p e ak e d at n ig ht the fac to r take s the value of 0.5. If it is not p eake d the value is 1. F ollowin g case law this provides dispensation fo r the effe cts of p eake d de m an d on the ability o f the Trade to m e e t that dem an d. To ide ntify hig h p e akin g we are generally looking for dem and at night (at weekends) to be substantially hig he r than de m an d at o the r tim e s.
G ID = G eneral Incidence of Delay. This is m easured as the proportion of passengers who travel in hours where the delay exceeds one m inute.
SSP = Steady State Perform ance. The corollary of providing dispensation during the peaks in dem and is that it is necessary to focus on perform ance during —norm al“ hours. This is m easured by the proportion of hours during weekday daytim es when the m arket exhibits excess dem and conditions (i.e. passenger queues form at ranks).
S F = S easonality factor. Due to the nature of these surveys it is not possible to collect inform ation throughout an entire year to assess the effects of seasonality. Experience has suggested that hackney dem and does e xhibit a de g re e o f se aso n ality an d this is allo we d fo r b y the in clu sio n of a se aso n ality facto r. The facto r is se t at a le ve l to e n su re that a m arg in al decision either way obtained in an —untypical“ m onth will be reversed. This factor takes a value of 1 for surveys conducted in S eptem ber to Novem ber and M arch to June, i.e. —typical“ m onths. It takes a value of 1.2 for surveys conducted in January and F ebruary and the longer school holidays, where low dem and the absence of contract work will bias the re sults in favo ur of the hackn ey trade, an d a value of 0.8 for surveys conducted in Decem ber during the pre Christm as rush of activity. G enerally, surveys in these atypical m onths, and in school ho liday s, sho u ld b e av o ide d.
LDF = Latent Dem and Factor. This is derived from the public attitude survey results and provides a m easure of the proportion of the public who have given up trying to obtain a hackney carriage at either a rank or by
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flagdown during the previous three m onths. It is m easured as 1+ proportion giving up waiting. The inclusion of this factor is a tactical resp o nse to the late st DfT g uidan ce .
3.4.6 The product of these six m easures provides an index value. The index is exponential and values above the 80 m ark have been found to indicate significant unm et dem and. This b e n chm ark was defin e d b y ap plyin g the facto r to the 25 o r so stu dies that had b e e n conducted at the point it was developed. These earlier studies had used the sam e principles but in a less structured m anner. The highest IS U D value for a study where a conclusion of no significant unm et dem and had been found was 72. The threshold was the re fo re se t at 80. The IS U D facto r has b e e n ap p lie d to o ve r 80 stu die s b y H alcro w an d has b ee n adopte d by othe rs wo rking in the field. It has prove d to b e a ro bust, intuitively appealing and reliable m easure.
3.4.7 S uppressed/latent dem and is explicitly included in the above analysis by the inclusion of the LDF factor and because any known illegal plying for hire b y the private hire trade is included in the rank observation data. This covers both elem ents of suppressed/latent dem and resulting from the M aude case referred to above and is intended to provide a ”belt and braces‘ app ro ach. A con sideratio n of late nt dem and is also included whe re there is a need to increase the num ber of hackney carriage licences following a finding o f sig n ific an t u n m e t de m an d. This is disc u sse d in the n e x t se c tio n .
3.5 Determining the Number of New Licences Required to Eliminate Significant Unmet Demand 3.5.1 To provide advice on the increase in licences required to elim inate significant unm et dem and, H alcrow has developed a predictive m odel. S U DS IM is a product of 20 years experience of analysing hackney carriage dem and. It is a m athem atical m odel, which predicts the num ber of additional licences required to elim inate significant unm et de m an d as a fu n c tio n o f k e y m ark e t c harac te ristic s.
3.5.2 S U DS IM represents a synthesis of a queue sim ulation work that was previously used (1989 to 2002) to p re dict the alle viatio n o f sig nifican t u n m e t dem an d an d the IS U D facto r described above (hence the term S U DS IM ). The benefit of this approach is that it provides a direct relationship between the scale of the IS U D factor and the num ber of new hackney licences required.
3.5.3 S U DS IM was developed taking the recom m endations from 14 previous studies that resulted in an increase in licences, and using these data to calibrate an econom etric m odel. The m odel provides a relationship between the recom m ended increase in licence s and thre e key m arket indicators:
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• the p op ulation of the lice nsin g Authority; • the n um ber of hackn eys alre ady lice nsed by the licen sin g Authority; an d • the size o f the S U D facto r.
3.5.4 The m ain im plicatio ns of the m odel are illustrated in F ig ure 3.1 b elo w. The fig ure shows that the percentage increase in a hackney fleet required to elim inate significant unm et dem and is positively related to the population per hackney (PPH ) and the value of the IS U D factor over the expected range of these two variables.
Figure 3.1 Forecast Increase in H ackney Fleet Size as a Function of Population Per H ackney (PPH ) and the ISU D Value
18
16
14 PPH
12 500 10 1000 8 2000 6 3000 %increaselicences in 4
2
0 100 500 1000 1500 2000 2500 3000 3500 ISUD Value
3.5.5 W he re sig n ific an t u n m e t de m an d is ide n tifie d, the re c o m m e n de d in c re ase in lic e n c e s is therefore determ ined by the following form ula:
N ew Licences = SU DSIM x Latent D em and Factor W he re :
• Latent Dem and F actor = (1 + prop ortion givin g up waiting fo r a hackne y at either a ran k o r v ia flag do wn )
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3.6 Note on Scope of Assessing Significant Unmet Demand 3.6.1 It is useful to note the extent to which a licensing authority is required to consider peripheral m atters when establishing the existence or otherwise of significant unm et dem and. This issue is inform ed by R v B righton B orough Council, exp p B unch 19891. This case set the p re ce de nt that it is o nly those services that are e xclusive to hackney carriages that need concern a licensing authority when considering significant unm et dem and. Telephone booked trips, trips booked in advance or indeed the provision of bus type services are not exclusive to hackney carriages and have therefore been excluded from consideration.
1 S ee B utton JH ”Taxis œ Licensing Law and Practice‘ 2n d e ditio n To tte l 2006 P226-7
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4 Evidence of Patent Unmet Demand – Rank Observation Results
4.1 Introduction 4.1.1 This se ctio n o f the re p o rt hig hlig hts the re su lts of the ran k o b se rvatio n su rve y. The ran k observation program m e covered a period of 220 hours. During the hours observed som e 19,743 p assen ge rs and 12,220 cab de partures we re re co rded. The rank o bse rvations were carried out from M ay 21st to June 28th 2008. A sum m ary of the entire rank o b se rv atio n p ro g ram m e is p ro v ide d in Ap p e n dix 2.
4.1.2 The results presented in this S ection sum m arise the inform ation and draw out its im p lic atio n s. This is ac hie v e d b y u sin g fiv e in dic ato rs:
• The Balance of Supply and Dem and – this in dic ate s the p ro p o rtio n o f the tim e that the m ark e t e x hib its e x c e ss de m an d, e q u ilib riu m an d e x c e ss su p p ly ;
• Average Delays and Total Dem and – this indicates the overall level of passeng ers and cab delays an d provides estim ates of total dem and;
• The Dem and/Delay Profile – this p ro v ide s the k e y in fo rm atio n re q u ire d to determ ine the existence or otherwise of significant unm et dem and;
• The Proportions of Passengers Experiencing G iven Levels of D elay – this provides a guide to the ge ne rality of p assenge r delay; and
• The E ffective Supply of V ehicles – this in dicate s the p ro p o rtio n o f the fle e t that was o ff the ro ad du rin g the su rve y.
4.2 The Balance of Supply and Demand 4.2.1 The results of the analysis are presented in Table 4.1 below. The predom inant m arket state is one of equilibrium . Excess supply (queues of cabs) was experienced during 75% of the hours observed while excess dem and (queues of passengers) was experienced in 10% of hours. Conditions are m ost favourable to custom ers during the weekend daytim e period. Conditions were least favourable to custom ers on weekday n ig ht p e rio ds.
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Table 4.1 The Balance of Supply and Dem and in the Sw ansea Rank-Based Hackney Carriage M arket (Percentages – R ow s Sum to 100)
Pe rio d Ex c e ss De m an d Eq u ilib riu m Ex c e ss S u p p ly Day 3 38 59 W e e k day Nig ht 3 64 33
W e e k e n d Day 3 63 34 Nig ht 24 50 26 S u n day Day 0 63 38 A ll 20 0 8 1 0 55 35 NB œ Excess Dem and = M axim um Passenger Q ueue ≥ 3. Excess S upply = M inim um Cab Q ueue ≥ 3 œ values de riv e d o v e r 12 tim e p e rio ds within an ho u r.
4.3 Average Delays and Total Demand 4.3.1 The following estim ates of average delays an d thro ughp ut were produced for e ach of the m ain ran k s in the lic e n sin g distric t an d fo r the distric t as a who le (Tab le 4.2).
4.3.2 The survey suggests som e 19,743 passenger departures occur per week from ranks in S wan se a in v o lv in g so m e 12,220 c ab de p artu re s.
4.3.3 The hac k n e y c arriag e trade is so m e what c o n c e n trate d at K in g sway (NCP) an d Cae r S tre et, acco untin g for 37.6% of the total. O n ave rage, passe ng ers wait 1.15 m inute s for a cab. Passengers experience the greatest delay at the K ingsway (M cDonalds) rank where an average delay of 3.76 m inutes is experienced.
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Table 4.2 A verage D elays and Total D em and (D elays in M inutes)
A v e ra g e P a s s e n g e r Ca b A verage Cab R a n k P a s s e n g e r D epartures D epartures D e la y D e la y
S t M ary's S treet 1,666 1,226 0.00 24.06 K in g sway (NCP c ar p ark ) 3,836 2,121 1.46 10.49 K ingsway M cDonalds 3,045 1,596 3.76 8.00 Q uadrant S treet 2,224 1,454 0.01 30.37 H ig h S tre e t (R ail S tatio n ) 3,125 2,184 0.22 27.17 Caer S treet 3,580 1,961 1.17 8.95 Y ork S treet 380 337 0.35 4.92 Ne wto n R o ad 40 29 0.00 0.00 Castle S tre e t 5 24 0.00 1.25 W ind S treet 1,843 1,289 0.38 7.85 T o ta l 19,743 12,220 1.15 16.15
4.4 The Delay/Demand Profile 4.4.1 F ig u re 4.1 p ro v ide s a g rap hic al illu stratio n o f p asse n g e r de m an d fo r the M o n day to S atu rday p e rio d b e twe e n the ho u rs o f 09:00 an d 03:00.
4.4.2 The level of peaking late at night relative to the daytim e is high; we therefore conclude that this is a ”hig hly p e ak e d‘ de m an d p ro file . This has im p lic atio n s fo r the in te rp re tatio n o f the resu lts (se e se ctio n 4.7 b e low).
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Figure 4.1 Passenger D em and by Tim e of D ay in 2008 (M onday to S aturday)
Weekday Weekend All Week 2 per. Mov. Avg. (All Week) 800 750 700 650 600 550 500 450 400 350 300 250 AveragePassengers 200 150 100 50 0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2
Hour Starting
4.4.3 F igure 4.2 p ro vides an illu stration of passe ng er delay b y the tim e of day for the we ekday and weekend periods. It indicates incidences of passenger delay peak at weekdays b e twe e n 0900 & 1100 an d 1700 & 2000 an d we e k e n ds b e twe e n 2300 an d 0300.
4.4.4 R ecent be st p ractice g uidan ce, issu ed by the DfT, states that delays associated with peaks in dem and (such as m orning and evening rush hours, or pub closing tim es) sho u ld b e tre ate d as ”sig n ific an t‘ as the y are o fte n the m o st p o p u lar tim e s fo r c o n su m e rs to use taxis. H owever, in R v G reat Y arm outh B orough Council ex p S awyer (1987) Lord Justice W o olf rule d that an Autho rity is entitle d to co nside r the situatio n from a tem po ral p o in t of view as a whole . It do es n ot have to co n de scen d in to a de taile d co nside ratio n as to what m ay be the position in every lim ited area of the Authority in relation to the p articu lar tim e o f day.
4.4.5 It should also be noted that the observed situation in S wansea provides evidence that peak in passenger dem and in urban hackney carriage m arkets are not directly the result of the licensin g autho rity‘s‘ lim itation p olicy. S im ilar finding s have b ee n reco rded in previous studies in L eicester and B ristol, both de-restricte d at the tim e of the su rvey. H alcro w b e lie ve s that the DfT is m istake n in its asse rtio n that p asse n g e r delay late at n ig ht asso c iate d with sho rt te rm p e ak s in de m an d is e v ide n c e o f the de trim e n tal im p ac t of quantity control regulations. R ather, it is an inevitable consequence of the
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concentration of dem and i.e. it is caused by the sam e fundam ental principles that cause queues in banks, post offices and superm arkets.
Figure 4.2 P assenger D elay by Tim e of D ay in 2008 (M onday to S aturday)
Weekday
10.0 Weekend
9.0
8.0
7.0
6.0
5.0
Minutes 4.0
3.0
2.0
1.0
0.0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hour Starting 1 2
4.5 The Effective Supply of Vehicles 4.5.1 O bservers were required to record the hackney carriage licence plate num ber of vehicle s dep artin g from ranks. In this way we are able to ascertain the p ropo rtion of the fle e t that was o p e ratin g du rin g the su rv e y .
4.5.2 During the daytim e pe rio d (0700 to 1800) som e 196 (51.4%) of the hackney fle et we re observed at least once during the period of the study. During the evening/night tim e pe rio d (1800 to 0700) som e 329 (86.4%) of the hackne y fleet were also o bserved at least o n ce du rin g the p e rio d o f the study.
4.6 Illegal Plying for Hire 4.6.1 During the period of the study a num ber of instances of illegal plying for hire were observe d. The se instan ces we re p re dom inantly at nig ht and in the are as of the W ind S t, K in g sway an d Cae r S t.
4.7 Deriving the Significant Unmet Demand Index Value 4.7.1 The data above can be sum m arised using H alcrow‘s IS U D factor described in S ection 2. The com ponent parts of the index, their source and their values are given below:
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• Av e rag e Passe n g e r De lay (Tab le 4.2) 1.15
• Peak Factor (Figure 4.1) 0.5
• G eneral Incidence of Delay (Table 4.3) 13.21
• S te ady S tate Pe rfo rm an c e (Tab le 4.1) 3
• S e aso n ality F ac to r (p arag rap h 3.4.5) 1
• L ate n t De m an d F ac to r (p arag rap h 5.2.6) 1.154
ISUD (1.15*0.5*13.21*3*1*1.154) 26
4.7.2 The cut off level for a sig nificant unm et dem and is 80. It is clear that S wan sea is well b e lo w this c u t o ff p o in t, in dic atin g that the re is NO sig n ific an t u n m e t de m an d. This conclusion covers both patent and latent/suppressed dem and.
4.8 Swansea Compared to Other Districts 4.8.1 Com p arable statistics are available from 60 local authorities and these are listed in Table 4.3. The table hig hlig hts a n u m be r o f ke y re su lts in clu din g:
• population per hackney carriage at the tim e of the study (colum n one);
• the proportion of rank users travelling in hours in which delays of greater than zero, greater than one m inute and greater than five m inutes occurred (colum ns two to fo u r);
• average passenger and cab delay calculated from the rank observations (colum ns five to six);
• the p ro p o rtio n o f M o n day to Thu rsday day tim e ho u rs in whic h e x c e ss de m an d was observed (colum n seven);
• the judgem ent on whether rank dem and is highly peaked (colum n eleven); and
• a n u m e ric al in dic ato r o f sig n ific an t u n m e t de m an d.
4.9 Results of the Comparison with Previous Studies 4.9.1 The following points (obtained from the rank observations) m ay be m ade about the re su lts in S wan se a c o m p are d to o the r are as stu die d:
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• population per hackney carriage is lower than the average overall value i.e. p ro v isio n is hig he r.
• the proportion of passengers, who travel in hours where som e delay occurs, is 18%, whic h is lo we r than the av e rag e (31%) fo r the distric ts an aly se d. The proportion of passengers travelling in hours where the delay equals or exceeds one m in u te (13%) is also b e lo w the av e rag e o f16% fo r all the au tho ritie s;
• o v e rall av e rag e p asse n g e r de lay at 1.15 m in u te s is 0.21 m in u te s hig he r than the average value;
• o ve rall ave rag e cab de lay is g re ate r than the ave rag e fo r all the districts sho wn ;
• the proportion of weekday daytim e hours is which excess dem and conditions are o b se rv e d is 3% whic h is we ll u n de r the av e rag e ; an d
• dem an d in S wansea is considered to e xhibit a high de gree of pe akin g late at nig ht com pare d to the rest of the day.
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Table 4.3 A Comparison of Swansea with Other Authorities Studied (values in italics make up ISUD) Demand Population Proportion Proportion Proportion Average ISUD District and Year of Average % Excess Peaked, per Waiting at Waiting >= Waiting >= 5 Passenger Indicator Survey Cab Delay Demand Yes=0.5 Hackney Ranks 1 Min Mins Delay Value No=1 Swansea 2008* 579 18 13.21 3.94 1.15 16.15 3 0.5 26 Torridge 2008 1,202 7 0.94 0 0.12 14.99 0 1 0 Richmondshire 08 723 5 1 0.07 0.22 34.32 1 0.5 0.4 Exeter 2007/08 1,883 7 4 0.6 0.33 15.27 6 1 9 Manchester 07 394 21 6 2.28 1.59 10.24 14 1 174 Bradford 07 1,630 18 2 0.03 0.23 17.64 5 1 2 Bradford 03 2,171 19 6 0.77 0.25 14.89 6 1.0 9 Barnsley 2007 3,254 5 8 0.22 1.32 11.93 5 1 58 Broadstairs 2006 1,000 13 13 10 3.25 23.97 4 1 177 Margate 2006 1,622 4 1 0 0.05 33.14 0 1 0 Ramsgate 2006 1,026 2 2 2 0.49 19.57 13 1 13 Plymouth 2006 669 7 3 1 0.52 11.58 1 1 2 Brighton 2006 508 52 23 6 0.73 7.64 6 0.5 50 Thurrock 06 1,590 32 13 1 0.22 15.27 0 1 0 Trafford 06 2,039 55 38 6 1.09 13.15 5 1 249 Hull 06 1,433 45 23 4 0.68 10.2 5 0.5 38 Leicester05 880 21 11 1 0.35 19.36 3 1 12 Bournemouth 05 656 20 11 2 0.37 12.25 1 0.5 2 Rotherham 04 5,200 45 37 3 1.09 9.68 4 1.0 168 Oldham 03 2,558 30 12 0.79 0.48 14.8 7 1.0 40 Blackpool 03 556 21 4 0.3 0.13 12.4 6 1.0 3 Thurrock 03 1,607 43 14 1.01 0.50 12.5 2 1.0 14 Wolverhampton 03 3,113 50 31 7.39 1.49 11.18 14 1.0 647 Bournemouth 02 702 25 15 2 0.67 9.97 1 0.5 5 Brighton 2002 540 60 35 12 1.11 8.31 5 0.5 97 Exeter 02 2,353 47 18 3 0.71 10.12 20 1.0 256 Wigan 02 2,279 28 10 0 1.17 11.98 6 1.0 70 Cardiff 01 656 51 29 6 0.83 8.77 14 0.5 168 Edinburgh 01 373 47 29 9 1.27 8.77 13 1.0 479 Torridge 01 1,298 25 21 0 0.51 9.32 8 0.5 43 Worcester 01* 941 40 4 1 0.46 12.3 8 0.5 7 Ellesmere Port 01 2,527 80 48 17 2.49 4.23 49 0.5 2,928 Southend 00 895 46 29 8 1.92 8.08 4 1.0 223 South Ribble 00 * 485 12 0.25 0.25 0.07 11.27 0 1.0 0 Leeds 00 1,693 83 61 33 5.03 7.92 36 1.0 11,046 Sefton 00 1,069 18 8 0.6 0.28 12.95 6 1.0 13 Leicester 00 * 956 10 7 3 1.17 20.19 1 1.0 8 Castle Point 00 2,286 28 12 3 0.74 8.6 2 0.5 9 Bedford 00 2,931 25 15 10 0.86 6.86 4 1.0 52 Thurrock 00 1,406 28 14 2 0.63 10.66 6 1.0 53 Manchester 00 569 59 40 13 1.78 6.79 23 1.0 1,638 AVERAGE 1,470 31 16 4 0.94 13 8
KEY * Derestricted Authorities + Deregulated Licensing zone within Sunderland City # 1991 report pre-dated ISUD ++ SUD = Significant Unmet Demand (values subject to rounding)
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5 Evidence of Suppressed Demand – Public Attitude Pedestrian Survey Results
5.1 Introduction 5.1.1 S om e 500 on-street public interview surveys were carried out in June 2008. A quota was followed so that the survey reflected the age and gender characteristics of the local com m unity. This, in turn, ensured that broadly representative results were obtained. F or the purpose of the survey the g e n e ric wo rd ”tax i‘ was u se d whic h in c o rp o rate d b o th hac k n e y c arriag e s an d p riv ate hire v e hic le s.
5.1.2 A full breakdown an d an alysis of the re sults and the survey fo rm are provide d in Ap p e n dix 3.
5.1.3 The su rv e y fo u n d that 54.1% o f re sp o n de n ts had u se d a tax i in S wan se a within the last thre e m o n ths. The re su lts are disp lay e d in F ig u re 5.1
Figure 5.1 H ave you m ade a trip by taxi in the last 3 m onths?
46% Yes 54% No
5.2 Method of Hire on Last Trip 5.2.1 Trip m ak e rs we re ask e d ho w the y o b tain e d the ir tax i. S o m e 31.6% o f trip m ak e rs state d that the y hire d the ir tax i at a ran k . O v e r half o f hirin g s we re ac hie v e d b y te le p ho n e (62.7%) with 5.7% o f trip m ak e rs o b tain in g a tax i b y o n - stre e t flag do wn s. F ig u re 5.2 re ve als the p atte rn o f taxi hire .
Figure 5.2 M ethod of H ire for Last Trip
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32% Rank Flagdown Telephone 62% 6%
5.2.2 R espondents were asked if they were satisfied with the tim e taken and the p ro m p tn e ss o f the tax is arriv al. The m ajo rity o f p e o p le we re satisfie d with the ir last tax i jo u rn e y (85.8%). F ig u re 5.3 sho ws that fo r e ac h m e tho d o f o b tain in g a tax i, the m ajo rity we re satisfie d with the se rv ic e . S atisfac tio n with o b tain in g a tax i at a ran k was the hig he st.
Figure 5.3 Satisfaction w ith D elay on Last Trip by M ethod of H ire
100 90 80 70 60
% 50 40 30 20 10 0 Rank Flagdown Telephone
5.2.3 To provide evidence relating to suppressed dem and in the event of a finding of significant patent unm et dem and, respondents were asked to identify whether or not they had given up waiting for a taxi at a rank, on the street, or by telephone in S wansea in the last three m onths. The results are docum ented in fig u re 5.4.
Figure 5.4 Latent dem and by m ethod of hire – H ave you given up trying to m ake a hiring?
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18 16 14 12
10 % 8 6 4
2 0 Rank Flagdown Telephone Rank/Flagdown
5.2.4 F ig u re 5.4 hig hlig hts that 12.6% o f re sp o n de n ts had g iv e n u p waitin g fo r a tax i at a ran k , with 5.9% hav in g g iv e n u p v ia flag do wn an d 8.6% v ia te le p ho n e . F o r the purpose of calculating latent dem and som e 15.4% had given up waiting for a tax i at a ran k o r b y flag do wn .
5.3 Service Improvements 5.3.1 R espondents were asked if they thought the taxi service in S wansea could be im proved. The responses indicate that the m ajority of respondents (54.8%) thought that taxi services in S wansea could be im proved. The results are docum ented in figure 5.5.
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Figure 5.5 Could taxi services be im proved?
45% Yes 55% No
5.3.2 Those who considered that taxi services needed im provem ent were asked how they could be im proved. Figure 5.6 docum ents the range of potential im pro vem e n ts. As detaile d in F ig u re 5.6 som e 70.3% of re sp on ses state d that taxis in S wansea could be im proved if they were m ade cheaper. S om e 14.2% state d that the re was a n e e d fo r m o re tax is with 14.2% statin g that the re was a need for m ore ranks. S om e 10.5% of respondents would like to see better driv e rs.
Figure 5.6 How could taxi services be im proved (m ultiple responses)?
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80
70
60
50
40 %
30
20
10
0 More of them More Ranks Shared Taxis Better Vehicles Better Drivers Cheaper More wheelchair accessible/disabled access vehicles
5.4 Safety & Security 5.4.1 R e sp on de nts we re aske d whethe r they felt safe when usin g taxis in S wansea. The m ajority of respondents felt safe using taxis during the day (96.7%); however som e 27.2% stated that they felt unsafe using taxis at night in S wan se a.
5.4.2 R e sp o n de n ts who did n o t fe e l safe du rin g the day o r at n ig ht we re ask e d what needed to be done to im prove safety and security when using taxis in S wan se a. S o m e 66.2% o f re sp o n se s state d that CCTV in tax is an d 75.2% state d that CCTV o n ran k s wo u ld im p ro v e safe ty whe n u sin g tax is in S wan se a. S om e 54.1% of resp on dents would feel safer if taxi m arshals were em plo yed at ran k s. The re su lts are sho wn in fig u re 5.7.
Figure 5.7 Im provem ents to safety and security w hen using taxis in Sw ansea (m ultiple responses)
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80 70 60 50
% 40 30 20 10 0 CCTV in taxis CCTV at ranks Taxi Marshalls Other
5.5 Hackney Carriage Services 5.5.1 All re spo n de n ts we re aske d if the y we re aware that hackn e y carriag e s are the o nly typ e of taxis that can b e hire d from a rank or flag ge d down in the street. The m ajority of respo ndents (60.3%) did not kno w that hackne y carriage s are the o n ly taxis ab le to hire fro m a ran k o r flag do wn in the stre e t.
5.6 Ranks 5.6.1 The survey concluded by asking respondents if there were any locations where a new rank should be im plem ented. S om e 20.2% of respondents stated that n e w lo c atio n s we re re q u ire d, with 57.4% statin g that n o n e we re re q u ire d an d 22.4% b ein g u nsure.
5.6.2 Those individuals who stated they would like to see a new rank were subsequently asked to provide a location. The m ost popular locations were:
• W ind S treet; • K in g sway ; • U p lan ds; an d • M u m b le s.
K ey results from the Public Attitude S urvey can be sum m arised as:
• S om e 62.7% of hirings are by telephone; • H ig h le ve ls o f satisfactio n with de lay o n last trip œ F lag do wn hirin g s p ro vide the lo we st le ve l o f satisfac tio n ; • S om e 12.6% of respon dents had give n up trying to o btain a vehicle at a rank; • S om e 54.8% of respondents feel that taxi services in S wansea could be im proved (need to be c he ap e r); • M ajo rity o f re sp o n de n ts (96.7%) fe lt safe u sin g tax is du rin g the day ; an d
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• S o m e 27.2% o f re sp o n de n ts fe lt u n safe u sin g tax is at n ig ht.
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6 Consultation
6.1 Introduction 6.1.1 G uidelines issued by the Departm ent for Transport state that consultation sho u ld b e u n de rtak e n with the fo llo win g o rg an isatio n s an d stak e ho lde rs:
• all those wo rkin g in the m arke t; • consum er and passenger (including disabled) groups; • g roup s which rep re sent those passeng ers with spe cial needs; • the Police ; • lo c al in te re st g ro u p s su c h as ho sp itals o r v isito r attrac tio n s; an d • a wide ran g e of tran spo rt stake ho lde rs su ch as rail/b u s/co ach p ro vide rs and transport m an ag ers.
6.2 Written Consultation 6.2.1 A num ber of stakeholders in S wansea were contacted by letter to obtain their v ie ws with re g ard to hac k n e y an d p riv ate hire se rv ic e s in S wan se a. This in tu rn assu red the DfT g uidelines we re fulfilled an d all relevant organisatio ns an d bodies were provided with an opportunity to com m ent. Copies of all the replies are included in Appen dix 4.
6.2.2 In accordance with advice issu ed by the DfT the followin g organisatio ns were contacted:
• S wan se a Co u n c il; • H ac k n e y an d Priv ate H ire trade ; • user/disability groups representing those passengers with special n e e ds; • lo c al in te re st g ro u p s in c lu din g ho sp itals, v isito r attrac tio n s, e n te rtain m e n t o u tle ts an d e du c atio n e stab lishm e n ts; an d • rail, b u s an d c o ac h o p e rato rs.
6.3 Comments Received 6.3.1 The com m ents received are sum m arised below and appended in full to this re p o rt.
6.3.2 The H eadteacher of Y sgol Crug G las , a scho o l fo r childre n with p ro fo u n d an d m ultiple learnin g difficulties, provided a written respo nse relating to the u se of co ntracte d taxis to transp ort pu pils to/from the school. H e felt that the im age of the trade has im proved considerably over the last 8 years in relation to the q u ality an d ac c e ssib ility o f v e hic le s. It was also state d that driv e r attitu de s c an
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be variable with som e operatives needing to im prove there skills in safe and se n sitiv e han dlin g o f whe e lc hairs.
6.3.3 Issues were also raised in relation to the need for the new style four-point webbing clam ps for wheelchairs to be fitted to vehicles. M any of the older taxi vehicles do not have floor-m ounted tracking for the clam ps and m ost taxis do n ot carry the new clam ps. It was also n oted that old clam ps can dam age alloy- fram e d whe e lc hairs an d that the re is lim ite d aware n e ss that n e w whe e lc hairs are m arked with approved clam ping points.
6.3.4 Concern was also raised on safety grounds as to taxi operatives stopping in the m iddle o f the ro ad to dro p p u pils off at b u sy tim e s rathe r than waitin g fo r a parking space to becom e available.
6.3.5 Firs t fe e l that the re is an o v e rsu p p ly o f hac k n e y c arriag e s in S wan se a ac ro ss all tim es of the day, based on the fact that m ost ran ks have queu es of ve hicles tailing back beyond the length of the rank at m ost tim es of the day. In relation to private hire vehicles, the outlying are as are not as well se rved as the city centre, with late pick ups, failure to pick up and double bookings being com m onplace.
6.3.6 V e hic le im ag e was state d as b e in g p o o r with p artic u lar p ro b le m s with c le an lin e ss an d ac c ide n t dam ag e b e in g c ite d. Driv e r im ag e was also state d as being poor with driver attitude varying from extrem ely helpful to ”couldn‘t care less‘. A re quirem ent for additional training was su gg ested as drivers seem to kn ow little abo ut the lo cal area du e to the u se of satellite n avig atio n syste m s.
6.3.7 O the r issu e s raise d in c lu de d:
• Parking problem s as the rank at the bottom W ind S treet where problem s occur at weekends when passengers are dropped off; • The wait fo r a whe e lc hair ac c e ssib le v e hic le was c ite d as b e in g unacceptable; • F are s se e m v e ry hig h late at n ig ht; an d • Levels of advertising seem low.
6.3.8 The overall experience of using a taxi in S wansea is not favourable with concerns over speeding taxis and safety at ranks at night being existing p ro b le m s.
6.3.9 Sw ansea Taxi O w ners A ssociation felt that the sup ply of hackne y carriages was ade q uate acro ss all tim e s of day an d all are as o f S wanse a ho we ve r it is felt that there are too m any private hire vehicles. The im age of the trade is cited as being excellent, with driver attitudes being very good generally and there being no requirem ent for additional training.
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6.3.10 New ranks were suggested in M um bles and at the U niversity, with better signs being provided to im prove accessibility and the em ploym ent of Taxi M arshals until at least 03:30am . It was felt that there was an adequate supply of whe e lc hair ac c e ssib le v e hic le s in S wan se a with n o additio n al whe e lc hair accessible vehicles being required.
6.3.11 Taxi fare s we re cite d as b e ing ade q u ate at p rese nt, althou g h adve rtisin g co u ld be im proved especially in relation to safety concerns regarding unm arked cars. No safe ty issu e s we re raise d b y the tax i o wn e rs asso c iatio n , altho u g h Tax i M arshals should be em plo yed later in the nig ht. It was noted that the re are cu rrently too m any taxis in S wanse a.
6.3.12 South W ales Police felt that S wansea has an adequate supply of both hac k n e y c arriag e an d p riv ate hire v e hic le s ac ro ss all tim e s o f the day an d ac ro ss all are as o f the c ity . Co n c e rn was raise d in re latio n to p riv ate hire vehicles illegally picking up passengers at city centre ranks which is an ongoing enforcem ent issue for the police. W ind S treet suffers from inadequate taxi rank provision due to the recent developm ent of pubs and clubs within the area, which has le ad to the form ation of illeg al ranks causing issues for the p olice in te rm s of crim e and disorde r as well as pu blic safety. Taxi M arshals have been a positive m easure but would be aided by the construction of pedestrian barriers at ranks and im proved lighting. G reater publicity of taxi re g u latio n s is re q u ire d to raise aware n e ss o f n o n -re g iste re d v e hic le s an d c o rre c t v e hic le /driv e r ide n tific atio n .
6.3.13 Sw ansea A ction for Everyone and Sw ansea D isability Forum fe lt that the re is a p o o r su p p ly o f hac k n e y c arriag e s an d p riv ate hire v e hic le s at c e rtain tim e s o f the day , in c lu din g sc ho o l start/fin ish tim e s an d e v e n in g s, with the re b e in g som e difficulty getting som e firm s to go to outlying areas to pick up. The stan dard of ve hicle s is variable from ve ry g oo d to very bad. Drive r attitu de of so m e driv e rs was n o te d as b e in g b ad with so m e driv e rs re fu sin g to p ic k u p wheelchair users in the street or som etim es when pre-booked. Additional train in g sho uld b e g ive n to drive rs relatin g to disab ility aware n e ss and how to de al with disab le d p e o p le .
6.3.14 Dropped kerbs on both sides of the road were suggested as a requirem ent to allo w ac c e ss to ran k s an d it m u st b e e n su re d that tax is q u e u in g at ran k s do n o t block these dropped kerbs. It was felt that a greater num ber of wheelchair accessible vehicles are required. Potable steps were suggested in order to enable people with m obility problem s to board hackney carriages. F or disabled people who rely on taxis as there m ain m ode of transport the fares are prohibitive, with the suggestion being m ade that the council introduce a taxi voucher system .
6.3.15 F ew people feel safe waiting at ranks during the day or night with a need for Taxi M arshals being m ore proactive in ensuring that disabled people are
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cate re d fo r. It was felt that the re is ve ry p o o r transp o rt inte g ratio n in S wan se a in c lu din g the u se o f tax is. O p p o sitio n to a lim itatio n p o lic y was c ite d as it is diffic u lt to o b tain a tax i at b u sy tim e s.
6.3.16 A representative of the R ail & M aritim e Transport U nion fe lt that the re are currently too m any taxis in S wansea which can be seen with taxis queuing at ran k s du rin g the day an d n ig ht. The v e hic le s are fairly c le an an d in g o o d co nditio n at prese nt. Addition al ranks are re quired at W elling to n S treet an d the M o rfa S tadiu m , with b e tte r sig n ag e re q u ire d sho win g c u sto m e rs the dire c tio n of the nearest rank. Com pared with other areas of the country S wansea has ade q u ate whe e lc hair ac c e ssib le v e hic le s. The re is n o adv e rtisin g o f tax i services at present. S wansea should introduce a lim it on the num ber of taxis as the re is c u rre n tly m o re than e n o u g h.
6.3.17 Sw ansea City Centre P artnership has no views on the adequacy of hackney carriag e and private hire sup ply in S wanse a. They felt that vehicle q uality of hackney carriages is high and there are a variety of types of vehicle to accom m odate different passenger needs.
6.3.18 Ex p e rie n c e o f driv e r attitu de s an d q u ality has b e e n p o o r with driv e rs v o ic in g n eg ative opinio ns abo ut the city to passe ngers and the disregard of the traffic re g ulatio n o rde rs o u tside S t M ary‘s Chu rch. This relate s to o ve r ran kin g at this location with cabs double parking on Pricess W ay, obstructing the m ini ro u n dab ou t an d the b us sto p . S ituatio n s have arise n in this are a whe n drive rs have been asked to m ove as they are causing an obstruction as they don‘t want to lo ose their place. Police and traffic wardens have often been called to reso lve these situ atio n s.
6.3.19 M ore training is required in custom er care and general courtesy to passengers. The re is a n e e d to sell the city and re g ion to visito rs which co uld b e thro u g h the taxi trade. Taxi drivers ne ed an awareness of the im pact of their actio ns in particular to causing congestion and obstruction.
6.3.20 Additio n al ran k s are re q u ire d to ac c o m m o date the n u m b e r o f e x istin g tax is with taxi m arshals havin g a calm in g influe n ce du ring the late eve n in g s. It is fe lt that n o additio n al whe e lc hair ac c e ssib le v e hic le s are re q u ire d an d that it is v e ry easy to pre-book a wheelchair accessible vehicle in S wansea. The respondent state d that the y fe lt safe u sin g b o th hac k n e y c arriag e s an d p riv ate hire v e hic le s as we ll as waitin g at ran ks. Taxi M arshals are felt to have a p o sitive e ffe ct within the city ce ntre helping to m an ag e crowds and ave rt co nfro ntatio n late at n ig ht.
6.3.21 Taxis com plem ent other types of public transport well as they are located at both the train and bus station and can pull up directly in front of the shopm obility facility. The num be r of hackne y carriage s sho uld n ot be lim ited as it is better that m arket forces determ ine the num ber of taxis. If hackney
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carriages were lim ited the gap would be filled by private hire who are not regulated in the sam e way.
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7 Summary and Conclusions
7.1 Introduction 7.1.1 H alcrow has conducted a study of the hackney carriage m arket on behalf of City and County of S wansel. H alcrow has the benefit of over 18 year‘s experience of research in the taxi m arket.
7.1.2 The present study has been conducted in pursuit of the following objectives:
• to identify whether or not there exists a significant unm et dem and fo r hac k n e y c arriag e se rv ic e s in S wan se a; an d • to recom m end the increase in licences required to elim inate any significant unm et dem and.
7.1.3 This se c tio n also se e k s to addre ss the issu e s ide n tifie d in Chap te r 1.
7.2 Significant Unmet Demand œ Patent and Latent 7.2.1 The 2008 stu dy has ide n tifie d that the re is NO e v ide n c e o f sig n ific an t u n m e t de m an d fo r hac k n e y c arriag e s in S wan se a. De m an d is he av ily sk e we d to wards the late n ig ht m arke t an d this is re fle cte d in a lo w tu rn -o u t o n the ran ks by trade m em bers in the daytim e œ only 51% of licensed hackneys were observed on the ranks in the daytim e. This finding of no significant unm et dem and is based on an assessm ent of both patent (actual) and latent (p o te n tial/su p p re sse d) de m an d.
7.2.2 As a re su lt o f this fin din g the lic e n sin g au tho rity has the fo llo win g o p tio n s:
1) Continue with a policy of free entry to the hackney carriage m arket;
2) Introduce a lim it to the num ber of hackney carriages equal to the c u rre n t n u m b e r o f v e hic le s (386)
3) Introduce a lim it to the num be r of hackney carriage s at a le vel greater than the current num ber of hackney carriages.
U:\Projects\Other Offices\Cardiff\CTCAEE000 - Swansea Taxis\DOCS\FINAL REPORTAppC.doc 43 Appendix 1
Swansea Taxi Study 2008
St Mary's Street Thursday 22/05/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 10-11 11 6 0 78 0.00 65.00 0 5 0 0 1 11-12 17 8 0 72 0.00 45.00 0 5 0 0 1 12-13 14 6 0 78 0.00 65.00 0 6 0 0 1 13-14 19 8 0 81 0.00 50.63 0 5 0 0 1 14-15 16 8 0 124 0.00 77.50 0 10 0 0 1 15-16 20 8 0 128 0.00 80.00 0 8 0 0 1 16-17 24 8 0 126 0.00 78.75 0 10 0 0 1 17-18 25 12 0 111 0.00 46.25 0 8 0 0 1 Total 146 64 0 798 0.00 62.34 0 0 8
St Mary's Street Wednesday 21/05/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 18-19 3 5 0 12 0.00 12.00 0 0 0 1 0 19-20 0 0 0 0 0.00 0.00 0 0 0 1 0 20-21 0 0 0 0 0.00 0.00 0 0 0 1 0 21-22 0 0 0 0 0.00 0.00 0 0 0 1 0 22-23 0 0 0 0 0.00 0.00 0 0 0 1 0 23-00 0 0 0 0 0.00 0.00 0 0 0 1 0 Total 3 5 0 12 0.00 12.00 0 6 0
St Mary's Street Saturday 14/06/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 10-11 7 22 0 13 0.00 2.95 0 0 0 1 0 11-12 16 15 0 47 0.00 15.67 0 0 0 1 0 12-13 41 36 0 59 0.00 8.19 0 0 0 1 0 13-14 36 30 0 58 0.00 9.67 0 3 0 0 1 14-15 46 36 0 66 0.00 9.17 0 1 0 1 0 15-16 58 36 0 22 0.00 3.06 0 0 0 1 0 16-17 56 42 0 65 0.00 7.74 0 1 0 1 0 17-18 48 31 0 45 0.00 7.26 0 2 0 1 0 Total 308 248 0 375 0.00 7.56 0 7 1
St Mary's Street Saturday 23/02/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 18-19 8 10 0 17 0.00 8.50 0 0 0 1 0 19-20 0 3 0 1 0.00 1.67 0 0 0 1 0 20-21 0 2 0 0 0.00 0.00 0 0 0 1 0 21-22 0 8 0 8 0.00 5.00 0 0 0 1 0 22-23 0 44 0 4 0.00 0.45 0 0 0 1 0 23-00 0 52 0 15 0.00 1.44 0 0 0 1 0 Total 8 119 0 45 0.00 1.89 0 6 0
St Mary's Street Sunday 08/06/2008 1400-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 14-15 12 12 0 87 0.00 36.25 0 5 0 0 1 15-16 21 15 0 46 0.00 15.33 0 1 0 1 0 16-17 16 12 0 55 0.00 22.92 0 2 0 1 0 17-18 5 5 0 1 0.00 1.00 0 0 0 1 0 Total 54 44 0 189 0.00 21.48 0 3 1
Kingsway (Opposite NCP car park) Thursday 22/05/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 10-11 1 5 0 13 0.00 13.00 0 0 0 1 0 11-12 1 3 0 14 0.00 23.33 0 0 0 1 0 12-13 2 3 0 4 0.00 6.67 0 0 0 1 0 13-14 2 6 0 12 0.00 10.00 0 0 0 1 0 14-15 2 7 0 16 0.00 11.43 0 0 0 1 0 15-16 0 2 0 8 0.00 20.00 0 0 0 1 0 16-17 0 3 0 4 0.00 6.67 0 0 0 1 0 17-18 1 1 0 0 0.00 0.00 0 0 0 1 0 Total 9 30 0 71 0.00 11.83 0 8 0
Kingsway (Opposite NCP car park) Thursday 12/06/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 2 3 0 22 0.00 36.67 0 1 0 1 0 21-22 6 4 0 34 0.00 42.50 0 0 0 1 0 22-23 0 2 0 57 0.00 142.50 0 4 0 0 1 23-00 3 8 0 61 0.00 38.13 0 4 0 0 1 00-01 27 19 0 61 0.00 16.05 0 1 0 1 0 01-02 78 36 0 86 0.00 11.94 0 2 0 1 0 02-03 68 35 0 160 0.00 22.86 0 1 0 1 0 03-04 54 32 3 119 0.28 18.59 3 4 0 0 1 Total 238 139 3 600 0.06 21.58 0 5 3
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Kingsway (Opposite NCP car park) Saturday 31/06/08 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 10-11 0 0 0 0 0.00 0.00 0 0 0 1 0 11-12 0 0 0 2 0.00 0.00 0 0 0 1 0 12-13 0 0 0 12 0.00 0.00 0 1 0 1 0 13-14 1 1 0 7 0.00 35.00 0 0 0 1 0 14-15 0 0 0 0 0.00 0.00 0 0 0 1 0 15-16 0 0 0 0 0.00 0.00 0 0 0 1 0 16-17 4 4 0 8 0.00 10.00 0 0 0 1 0 17-18 0 0 0 12 0.00 0.00 0 1 0 1 0 Total 5 5 0 41 0.00 41.00 0 8 0
Total Saturday 21/06/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 12 9 0 50 0.00 27.78 0 2 0 1 0 21-22 8 11 0 92 0.00 41.82 0 5 0 0 1 22-23 49 25 0 80 0.00 16.00 0 0 0 1 0 23-00 100 52 0 68 0.00 6.54 0 1 0 1 0 00-01 142 68 20 96 0.70 7.06 10 1 1 0 0 01-02 243 137 66 62 1.36 2.26 15 0 1 0 0 02-03 385 164 232 70 3.01 2.13 38 1 1 0 0 03-04 262 118 174 34 3.32 1.44 42 0 1 0 0 Total 1201 584 492 552 2.05 4.73 4 3 1
Kingsway (Opposite NCP car park) Sunday 25/05/2008 1400-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 14-15 0 0 0 0 0.00 0.00 0 0 0 1 0 15-16 1 1 0 3 0.00 15.00 0 0 0 1 0 16-17 1 1 0 16 0.00 80.00 0 1 0 1 0 17-18 1 1 0 9 0.00 45.00 0 0 0 1 0 Total 3 3 0 28 0.00 46.67 0 4 0
Kingsway (McDonalds) Saturday 28/06/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 2 12 0 13 0.00 5.42 0 0 0 1 0 00-01 14 16 0 25 0.00 7.81 0 0 0 1 0 01-02 23 27 0 32 0.00 5.93 0 0 0 1 0 02-03 30 20 7 28 1.17 7.00 7 0 1 0 0 03-04 44 24 0 9 0.00 1.88 0 0 0 1 0 Total 113 99 7 107 0.31 5.40 1 4 0
Kingsway (McDonalds) Saturday 1406/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 131 56 65 3 2.48 0.27 16 0 1 0 0 00-01 156 78 458 0 14.68 0.00 50 0 1 0 0 01-02 156 86 473 0 15.16 0.00 50 0 1 0 0 02-03 233 142 425 20 9.12 0.70 43 0 1 0 0 03-04 226 123 201 49 4.45 1.99 33 0 1 0 0 Total 902 485 1622 72 8.99 0.74 5 0 0
Kingsway (McDonalds) Thursday 05/06/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 13 9 2 29 0.77 16.11 2 0 0 1 0 00-01 46 21 0 68 0.00 16.19 0 1 0 1 0 01-02 18 13 0 98 0.00 37.69 0 3 0 0 1 02-03 123 55 0 131 0.00 11.91 0 7 0 0 1 03-04 90 41 0 85 0.00 10.37 0 0 0 1 0 Total 290 139 2 411 0.03 14.78 0 3 2
Quadrant Street Wednesday 21/05/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 10-11 4 4 0 54 0.00 67.50 0 2 0 1 0 11-12 16 11 0 63 0.00 28.64 0 3 0 0 1 12-13 21 12 0 38 0.00 15.83 0 2 0 1 0 13-14 18 13 0 69 0.00 26.54 0 2 0 1 0 14-15 18 16 0 92 0.00 28.75 0 5 0 0 1 15-16 22 16 0 56 0.00 17.50 0 2 0 1 0 16-17 22 16 0 117 0.00 36.56 0 6 0 0 1 17-18 32 18 0 119 0.00 33.06 0 7 0 0 1 Total 153 106 0 608 0.00 28.68 0 4 4
Quadrant Street Thursday 05/06/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 18-19 44 22 0 95 0.00 21.59 0 4 0 0 1 19-20 24 16 0 54 0.00 16.88 0 4 0 0 1 20-21 8 6 0 71 0.00 59.17 0 5 0 0 1 21-22 7 6 0 67 0.00 55.83 0 3 0 0 1 22-23 5 6 0 48 0.00 40.00 0 2 0 1 0 23-00 2 5 0 59 0.00 59.00 0 3 0 0 1 Total 90 61 0 394 0.00 32.30 0 1 5
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Quadrant Street Saturday 14/06/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 10-11 4 4 0 12 0.00 15.00 0 0 0 1 0 11-12 26 14 0 45 0.00 16.07 0 0 0 1 0 12-13 46 27 3 18 0.33 3.33 3 0 1 0 0 13-14 20 12 0 82 0.00 34.17 0 5 0 0 1 14-15 59 27 0 91 0.00 16.85 0 2 0 1 0 15-16 42 20 0 114 0.00 28.50 0 5 0 0 1 16-17 40 20 0 108 0.00 27.00 0 6 0 0 1 17-18 14 10 0 129 0.00 64.50 0 7 0 0 1 Total 251 134 3 599 0.06 22.35 1 3 4
Quadrant Street Sunday 02/05/2008 1400-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 14-15 16 9 0 69 0.00 38.33 0 3 0 0 1 15-16 25 15 0 143 0.00 47.67 0 8 0 0 1 16-17 10 10 0 109 0.00 54.50 0 8 0 0 1 17-18 28 15 0 111 0.00 37.00 0 5 0 0 1 Total 79 49 0 432 0.00 44.08 0 0 4
Quadrant Street Saturday 24/05/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 18-19 30 17 0 102 0.00 30.00 0 5 0 0 1 19-20 25 16 0 77 0.00 24.06 0 4 0 0 1 20-21 10 7 0 144 0.00 102.86 0 9 0 0 1 21-22 30 16 0 80 0.00 25.00 0 4 0 0 1 22-23 20 14 0 54 0.00 19.29 0 1 0 1 0 23-00 6 7 0 11 0.00 7.86 0 0 0 1 0 Total 121 77 0 468 0.00 30.39 0 2 4
High Street Wednesday 21/05/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 10-11 30 17 6 87 1.00 25.59 6 0 1 0 0 11-12 16 12 0 58 0.00 24.17 0 4 0 0 1 12-13 25 12 0 66 0.00 27.50 0 3 0 0 1 13-14 24 19 0 94 0.00 24.74 0 5 0 0 1 14-15 12 9 0 123 0.00 68.33 0 9 0 0 1 15-16 2 2 0 108 0.00 270.00 0 8 0 0 1 16-17 9 7 0 108 0.00 77.14 0 5 0 0 1 17-18 37 24 0 79 0.00 16.46 0 4 0 0 1 Total 155 102 6 723 0.19 35.44 1 0 7
High Street Thurs 26/06/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 18-19 43 35 10 91 1.16 13.00 8 0 1 0 0 19-20 38 29 3 89 0.39 15.34 3 0 1 0 0 20-21 30 22 0 95 0.00 21.59 0 4 0 0 1 21-22 33 26 0 88 0.00 16.92 0 2 0 1 0 22-23 29 22 0 118 0.00 26.82 0 4 0 0 1 23-00 27 22 0 109 0.00 24.77 0 2 0 1 0 Total 200 156 13 590 0.33 18.91 2 2 2
High Street Friday 20/06/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 18-19 54 40 7 148 0.65 18.50 4 0 1 0 0 19-20 56 30 0 180 0.00 30.00 0 6 0 0 1 20-21 35 25 0 178 0.00 35.60 0 11 0 0 1 21-22 49 31 0 175 0.00 28.23 0 10 0 0 1 22-23 29 24 0 152 0.00 31.67 0 6 0 0 1 23-00 47 32 0 117 0.00 18.28 0 5 0 0 1 Total 270 182 7 950 0.13 26.10 1 0 5
High Street Saturday 31/05/2008 1800-0000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 18-19 35 28 0 157 0.00 28.04 0 4 0 0 1 19-20 36 20 0 156 0.00 39.00 0 4 0 0 1 20-21 48 27 0 163 0.00 30.19 0 8 0 0 1 21-22 29 21 0 160 0.00 38.10 0 8 0 0 1 22-23 32 21 0 154 0.00 36.67 0 10 0 0 1 23-00 75 49 10 80 0.67 8.16 10 0 1 0 0 Total 255 166 10 870 0.20 26.20 1 0 5
High Street Saturday 24/05/2008 1000-1800
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 10-11 0 0 0 0 0.00 0.00 0 0 0 1 0 11-12 5 2 0 66 0.00 165.00 0 0 0 1 0 12-13 12 7 0 103 0.00 73.57 0 7 0 0 1 13-14 10 6 0 108 0.00 90.00 0 7 0 0 1 14-15 2 2 0 113 0.00 282.50 0 9 0 0 1 15-16 12 7 0 111 0.00 79.29 0 7 0 0 1 16-17 9 6 0 107 0.00 89.17 0 7 0 0 1 17-18 4 3 0 117 0.00 195.00 0 9 0 0 1 Total 54 33 0 725 0.00 109.85 0 2 6
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High Street Sunday 01/06/2008 1400-2000
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 14-15 25 13 0 62 0.00 23.85 0 2 0 1 0 15-16 7 7 0 89 0.00 63.57 0 4 0 0 1 16-17 23 11 0 100 0.00 45.45 0 2 0 1 0 17-18 36 20 0 119 0.00 29.75 0 1 0 1 0 Total 91 51 0 370 0.00 36.27 0 3 1
Caer Street Thursday 22/05/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 20-21 4 4 0 96 0.00 120.00 0 3 0 0 1 21-22 23 12 0 49 0.00 20.42 0 2 0 1 0 22-23 92 45 0 120 0.00 13.33 0 6 0 0 1 23-00 101 43 0 137 0.00 15.93 0 5 0 0 1 00-01 97 48 0 121 0.00 12.60 0 4 0 0 1 01-02 32 26 0 108 0.00 20.77 0 8 0 0 1 02-03 16 13 0 55 0.00 21.15 0 0 0 1 0 03-04 0 0 2 0 0.00 0.00 2 0 0 1 0 Total 365 191 2 686 0.03 17.96 0 3 5
Caer Street Friday 30/05/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Passenger Average Passenger Minimum Excess Excess Hour Passengers Cabs Queue Cab Queue Delay Cab Delay Queue Cab Queue Demand Equilibrium Supply 20-21 46 29 0 82 0.00 14.14 0 5 0 0 1 21-22 88 47 0 72 0.00 7.66 0 5 0 0 1 22-23 238 113 0 78 0.00 3.45 0 4 0 0 1 23-00 322 169 4 80 0.06 2.37 4 6 1 0 1 00-01 301 192 71 50 1.18 1.30 29 0 1 0 0 01-02 294 176 318 0 5.41 0.00 34 0 1 0 0 02-03 256 156 160 11 3.13 0.35 38 0 1 0 0 03-04 177 97 183 4 5.17 0.21 32 4 1 0 0 Total 1722 979 736 377 2.14 1.93 5 0 4
York Street Wednesday 11/06/2008 2300-0200
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 7 4 0 0 0.00 0.00 0 0 0 1 0 00-01 4 3 0 5 0.00 8.33 0 0 0 1 0 01-02 3 10 0 9 0.00 4.50 0 0 0 1 0 Total 14 17 0 14 0.00 4.12 0 3 0
York Street Saturday 07/06/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 10 6 0 30 0.00 25.00 0 0 0 1 0 00-01 36 18 6 43 0.83 11.94 6 2 1 0 0 01-02 50 34 0 14 0.00 2.06 0 0 0 1 0 02-03 18 14 9 3 2.50 1.07 7 0 1 0 0 03-04 4 2 0 1 0.00 2.50 0 0 0 1 0 Total 118 74 15 91 0.64 6.15 2 3 0
Newton Road, Mumbles Friday 13/06/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 0 0 0 0 0.00 0.00 0 0 0 1 0 00-01 1 1 0 7 0.00 35.00 0 0 0 1 0 01-02 7 5 0 43 0.00 43.00 0 0 0 1 0 02-03 3 2 0 22 0.00 55.00 0 0 0 1 0 03-04 0 0 0 0 0.00 0.00 0 0 0 1 0 Total 11 8 0 72 0.00 0.00 0 5 0
Newton Road, Mumbles Wednesday 11/06/2008 2300-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 23-00 0 0 0 0 0.00 0.00 0 0 0 1 0 00-01 0 0 0 0 0.00 0.00 0 0 0 1 0 01-02 0 0 0 0 0.00 0.00 0 0 0 1 0 02-03 0 0 0 0 0.00 0.00 0 0 0 1 0 03-04 0 0 0 0 0.00 0.00 0 0 0 1 0 Total 0 0 0 0 0.00 0.00 0 5 0
Castle Street Friday 13/06/2008 2000-0300
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 0 1 0 0 0.00 0.00 0 0 0 1 0 21-22 0 1 0 0 0.00 0.00 0 0 0 1 0 22-23 0 1 0 0 0.00 0.00 0 0 0 1 0 23-00 0 2 0 0 0.00 0.00 0 0 0 1 0 00-01 0 0 0 0 0.00 0.00 0 0 0 1 0 01-02 2 2 0 0 0.00 0.00 0 0 0 1 0 02-03 0 1 0 0 0.00 0.00 0 0 0 1 0 03-04 0 0 0 0 0.00 0.00 0 0 0 1 0 Total 2 8 0 0 0.00 0.00 0 8 0
U:\Projects\Other Offices\Cardiff\CTCAEE000 - Swansea Taxis\DOCS\FINAL REPORTAppC.doc 47
Castle Street Tuesday 03/06/2008 2000-0200
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 0 0 0 0 0.00 0.00 0 0 0 1 0 21-22 0 0 0 0 0.00 0.00 0 0 0 1 0 22-23 0 0 0 0 0.00 0.00 0 0 0 1 0 23-00 0 1 0 1 0.00 5.00 0 0 0 1 0 00-01 0 0 0 0 0.00 0.00 0 0 0 1 0 01-02 0 0 0 0 0.00 0.00 0 0 0 1 0 Total 0 1 0 1 0.00 5.00 0 6 0
Wind Street Friday 06/06/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 2 24 0 15 0.00 3.13 0 0 0 1 0 21-22 9 27 0 17 0.00 3.15 0 0 0 1 0 22-23 12 26 0 24 0.00 4.62 0 0 0 1 0 23-00 36 26 0 32 0.00 6.15 0 2 0 1 0 00-01 53 44 2 45 0.19 5.11 2 0 0 1 0 01-02 74 54 11 18 0.74 1.67 8 0 1 0 0 02-03 114 62 18 22 0.79 1.77 6 0 1 0 0 03-04 91 56 31 19 1.70 1.70 12 0 1 0 0 Total 391 319 62 192 0.79 3.01 3 5 0
Wind Street Tuesday 03/06/2008 2000-0400
Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions Average Maximum Passenger Average Minimum Excess Excess Hour Passengers Cabs Cab Queue Passenger Passenger Equilibrium Queue Cab Delay Cab Queue Demand Supply Delay Queue 20-21 13 10 0 74 0.00 37.00 0 4 0 0 1 21-22 14 11 0 58 0.00 26.36 0 4 0 0 1 22-23 38 25 0 48 0.00 9.60 0 1 0 1 0 23-00 43 23 0 59 0.00 12.83 0 3 0 0 1 00-01 50 31 0 59 0.00 9.52 0 2 0 1 0 01-02 29 16 0 46 0.00 14.38 0 1 0 1 0 02-03 23 10 0 10 0.00 5.00 0 0 0 1 0 03-04 4 1 0 0 0.00 0.00 0 0 0 1 0 Total 214 127 0 354 0.00 13.94 0 5 3
U:\Projects\Other Offices\Cardiff\CTCAEE000 - Swansea Taxis\DOCS\FINAL REPORTAppC.doc 48 Halcrow Group Limited Arndale House Otley Road Headingley Leeds LS6 2UL Tel +44 (0)113 220 8220 Fax +44 (0)113 274 2924 www.halcrow.com
Appendix 2
Project Swansea Tax i U nm et D em and Stu d y D a te 28th J u ly 2008 N ote P u b lic A ttitu d e Su rv ey Resu lts R ef CTCA EE 000 A u th or K aren N ay lo r
1 Introduction 1.1 The p u rp o se o f this Technical N o te is to p resent the resu lts o f a p u b lic attitu d e su rv ey u nd ertak en b y H alcro w o n b ehalf o f C ity and C o u nty o f Swansea.
1.2 A p u b lic attitu d e interv iew su rv ey was d esig ned with the aim o f co llecting info rm atio n reg ard ing o p inio ns o n the tax i m ark et in Swansea. In p articu lar, the su rv ey allo wed an assessm ent o f flag d o wn, telep ho ne and stance d elay s, the satisfactio n with d elay s, and g eneral u se info rm atio n.
1.3 It sho u ld b e no ted that in the tab les that fo llo w the to tals d o no t alway s ad d u p to the sam e am o u nt. This is d u e to o ne o f two reaso ns. F irst, no t all resp o nd ents were req u ired to answer all q u estio ns; and seco nd , so m e resp o nd ents failed to answer so m e q u estio ns that were ask ed .
2 Survey Administration and Sample Selection 2 .1 So m e 500 interv iews were carried o u t in J u ne 2008. The sam p le o f 500 interv iews p ro v id es a ro b u st b asis fo r assessm ent.
2 .2 The ag e and g end er sam p les are sho wn in Tab le 1 alo ng with the actu al tu rn-o u t fig u res. The actu al q u o ta d o es no t eq u al 500 d u e to so m e su rv ey s m issing this d ata.
T a b le 1 - T a rg e t a n d A c tu a l S a m p le s fo r In te rv ie w S u rv e y s b y A g e a n d G e n d e r T a rg et Q u ota A ctu a l Q u ota C a teg ory F req u en cy Percen t F req u en cy Percen t 16œ34 156 31.2 187 37.8 35-64 233 46.6 190 38.5 65+ 111 22.2 117 23.7 T ota l 500 1 0 0 .0 4 9 4 1 0 0 .0 M ale 239 47.8 190 39.2 F em ale 261 52.2 295 60.8 T ota l 50 0 1 0 0 .0 4 8 5 1 0 0 .0
Technical no te P ag e 2
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
2 .3 A s can b e seen in Tab le 1, the su rvey p ro vid es a slig ht u nd er rep resentatio n o f 35-64 year o ld s and a slig ht o v errep resentatio n o f 16-34 y ear o ld s. There is also a slig ht o v er rep resentatio n o f fem ales and u nd er rep resentatio n o f m ales in co m p ariso n to the q u o ta.
2 .4 The resp o nd ents were ask ed to p ro v id e their eco no m ic statu s. The resu lts are d isp lay ed in Tab le 2 b elo w.
Table 2 - E conom ic S tatus F req u en cy Percen t Full-tim e E m ployed 135 27.6 P art-tim e E m ployed 41 8.4 U nem ployed 29 5.9 Student/P upil 82 16.7 Retired 160 32.7 H o u sewife/H u sb and 39 8.0 O ther 4 0.8 T ota l 4 9 0 1 0 0 .0
2 .5 Resp o nd ents were ask ed to sp ecify their resid ency . The resu lts are sho wn in Tab le 3.
Table 3 - R esidency F req u en cy Percen t P erm anent Resid ent 400 85.5 V isito r 28 6.0 To u rist 3 0.6 U niv ersity Stu d ent 37 7.9 T ota l 4 68 1 0 0 .0
3 Characteristics of Last Trip by Taxi 3.1 Resp o nd ents were each asked if they had m ad e a jo u rney b y taxi in Swansea within the last three m o nths. The su rvey fo u nd that 54.1% u sed a taxi within this p erio d . The resu lts are d isp layed in Tab le 4.
Technical no te P ag e 3
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
Table 4 - H ave you m ade a trip by hackney carriage in the past three m onths? T rip T y p e F req u en cy Percen t Y es 268 54.1 N o 227 45.9 T ota l 4 9 5 1 0 0 .0
3.2 Resp o nd ents who had hired a hackney carriag e in the last three m o nths were asked fu rther q u estio ns ab o u t their exp erience. A p p ro xim ately a third (62.7%) o f trip m akers stated that they hired their tax i b y telep ho ne o n their last trip . So m e 31.6% o f hiring s were achiev ed at a tax i rank (50.8%) with 5.7% o f trip m akers o b taining a taxi b y o n-street flag d o wns. Tab le 5 reveals the p attern o f tax i hire.
Table 5 - M ethod of Taxi H ire for Last T rip T rip T y p e F req u en cy Percen t Rank 83 31.6 F lag d o wn 15 5.7 Telep ho ne 165 62.7 T ota l 2 63 1 0 0 .0
3.3 Resp o nd ents were ask ed what ty p e o f v ehicle they hired . The m o st co m m o n ty p e o f v ehicle u sed was a salo o n car (56.9%) with 43.1% hiring a p u rp o se b u ilt cab .
T able 6 - V ehicle type for last trip V eh icle T yp e F req u en cy Percen t
P u rp o se b u ilt cab 109 43.1 Salo o n car 144 56.9 O ther 0 0.0 T ota l 2 53 1 0 0 .0
3.4 The su rv ey went o n to ask where in Swansea the resp o nd ents o b tained the v ehicle. The areas p eo p le acq u ired a taxi vary co nsid erab ly, ho wever the m o st freq u ent were:
• Swansea C ity centre; • H ig h Street; • K ing sway; and • W ind Street
Technical no te P ag e 4
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
3.5 The resp o nd ents were asked ho w lo ng they had to wait fo r the hackney carriag e. F ro m the 268 resp o nd ents who answered this q u estio n 21.6% said 5 m inu tes, and 14.2% said they waited 10 m inu tes. Ju st 16 p eo p le (6.0%) said they had waited 30 m inu tes o r m o re fo r a hack ney carriag e.
3.6 Resp o nd ents were asked if they were satisfied with the tim e taken and the p ro m p tness o f the tax is arriv al. The m ajo rity o f p eo p le were satisfied with their last taxi jo u rney (85.8%). Tab le 7 sho ws that fo r each m etho d o f o b taining a tax i, the m ajo rity were satisfied with the service.
T able 7 - S atisfaction w ith delay on last trip M eth od of H ire F req u en cy Percen t S a tis fied Rank 78 92.6 F lag d o wn 11 73.3 Telep ho ne 140 83.3
4 Attempted Method of Hire 4.1 To p ro vid e evid ence o f su p p ressed d em and resp o nd ents were asked to id entify whether o r no t they had g iv en u p waiting fo r a tax i at a rank , o n the street, o r b y telep ho ne in Swansea in the last three m o nths. The resu lts are su m m arised in Tab le 8.
Table 8 - G iven up attem pting to hire a taxi by m ethod of hire in the last three m onths Y es N o F req u en cy Percen t Frequency Percent G iven u p at a rank 62 12.6 432 87.4 G iven up flagdown 29 5.9 460 94.1 Given up telephone 42 8.6 448 91.4
4.2 So m e 12.6% had g iven u p waiting fo r a taxi at a rank, with 5.9% having g iven u p via flag d o wn and 8.6% via telep ho ne.
4.3 Tho se who had g iv en u p waiting fo r a v ehicle in Swansea were ask ed fo r this lo catio n. Tab le 9 d etails the m o st p o p u lar lo catio ns.
T able 9 Locations of failed hiring attem pts L oca tion F req u en cy W ind Street 14
Technical no te P ag e 5
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
K ing sway 12 M o rriso n‘s 4 C ity C entre 4 M u m b les 3 Q u ad rant 3
5 Service Improvements 5 .1 Resp o nd ents were asked what the m ain reaso n was fo r them no t u sing hackney carriag es in Swansea m o re o ften, the resu lts are sho wn in Tab le 10 b elo w. So m e 36.5% o f resp o nd ents stated that they d id n‘t u se tax is m o re o ften in Swansea b ecau se there is a car av ailab le, and a fu rther 25.7% d id n‘t u se them b ecau se they said taxis were to o exp ensive. So m e 18.9% d id n‘t u se tax is in Swansea b ecau se there was a b u s av ailab le.
T able 10 - R easons for not using taxis m ore often F req u en cy Percen t Too E xpensive 137 25.7 C ar A vailab le 195 36.5 W alk /C y cle 39 7.3 W aiting Tim e/A vailab ility 11 2.1 B u s A v ailab le 101 18.9 N o N eed 33 6.2 D istance to rank s 4 0.7 L ack o f d isab led access v ehicles 0 0.0 P refer/U se p rivate hire 7 1.3 O ther 7 1.3 T ota l 53 4 1 0 0 .0
5 .2 O f the seven resp o nd ents who said that they d id no t u se hackney carriag es m o re o ften in Swansea fo r ano ther reaso n, three stated that they d id n‘t u se tax is b ecau se they were u nreliab le.
5 .3 Resp o nd ents were ask ed if they tho u g ht hack ney carriag e serv ices in the Swansea area co u ld b e im p ro ved . The resp o nses ind icate that the m ajo rity o f resp o nd ents (54.8%) tho u g ht that tax i services in Swansea need ed to b e im p ro ved . The resu lts are sho wn in Tab le 11.
Table 11 - C ould taxi services be im proved
Technical no te P ag e 6
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
F req u en cy Percen t Y es 239 54.8 N o 197 45.2 T ota l 4 3 6 1 0 0 .0
5 .4 Tho se who co nsid ered that tax i serv ices need ed im p ro v em ent were ask ed ho w they co u ld b e im p ro ved . Tab le 12 d o cu m ents that 70.3% o f resp o nd ents stated that hackney carriag es in Swansea co u ld b e im p ro ved if they were m ad e cheap er. So m e 14.2% stated that there was a need fo r m o re hackney carriag es and a need fo r m o re ranks.
Table 12 - H ow could taxi services be im proved (m ultiple responses)
F req u ency P ercent M ore of them 34 14.2 M o re Rank s 34 14.2 Shared Tax is 5 2.1 B etter V ehicles 7 2.9 B etter D riv ers 25 10.5 C heap er 168 70.3 M o re wheelchair accessib le/d isab led access v ehicles 8 3.3 O ther 33 13.8
5 .5 Tho se resp o nd ents who sp ecified o ther way s that hack ney carriag e serv ices in Swansea co u ld b e im p ro v ed said ;
• A ttitude of drivers should be im proved; • ”B etter sig nag e sho u ld b e p ro vid ed to help g u id e p eo p le to hackney carriag e ranks; • C leaner V ehicles; • Install child and b ab y seats; and • N eed taxi m arshall o n the K ing sway rank
6 S afety & S ecu rity 6 .1 Resp o nd ents were ask ed whether they felt safe when u sing tax is in Swansea. The m ajo rity o f resp o nd ents felt safe u sing tax is d u ring the d ay (96.7%) and at nig ht (72.8%) in Swansea. Tab le 13 sho ws ho w safe resp o nd ents feel u sing tax is in Swansea.
Technical no te P ag e 7
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
Table 13 œ D o you feel safe w hen using taxis in S w ansea? D uring the D ay A t N ig h t F req u en cy Percen t Frequency Percent Y es 475 96.7 353 72.8 N o 16 3.3 132 27.2 T ota l 4 9 1 1 0 0 .0 4 8 5 1 0 0 .0
6 .2 Resp o nd ents who d id no t feel safe d u ring the d ay o r at nig ht were ask ed what need ed to b e d o ne to im p ro ve safety and secu rity when u sing taxis in Swansea. So m e 75.2% o f resp o nses stated that C C TV at ranks and 66.2% stated that C C TV in taxis wo u ld im p ro ve safety when u sing taxis in Swansea. So m e 54.1% o f resp o nd ents wo u ld feel safer if m o re taxi m arshals at ranks were av ailab le. The resu lts are sho wn in tab le 14.
Table 14 - Im provem ents to safety and security w hen using taxis in S w ansea (m ultiple responses) F req u en cy Percen t C C TV in tax is 88 66.2 C C TV at rank s 100 75.2 Tax i M arshalls at stances 72 54.1 O ther 13 9.8
6 .3 Tho se resp o nd ents who stated o ther said the fo llo wing wo u ld im p ro ve safety and secu rity in Swansea:
• B ad ge shou ld b e clearly d isplayed; • F em ale d riv ers; and • U se d riv ers k no wn to y o u .
7 Hackney Carriages Services 7.1 A ll resp o nd ents were ask ed if they were aware that hack ney carriag es are the o nly typ e o f taxis that can b e hired fro m a rank o r flag g ed d o wn in the street. The m ajo rity o f resp o nd ents (60.3%) d id no t kno w that hackney carriag es are the o nly taxis ab le to hire fro m a rank o r flag d o wn in the street.
Technical no te P ag e 8
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
Table 15 - A w are that hackney carriages are the only taxi that can be hired at a rank or flagged dow n in the street
F req u en cy Percen t Y es 190 39.7 N o 288 60.3 T ota l 4 7 8 1 0 0 .0
7.2 The resp o nd ent was then to ld that Swansea C o u ncil d o es no t lim it the nu m b er o f hackney carriag es ab le to p ly in Swansea, and were asked whether they tho u g ht the C o u ncil sho u ld set a m axim u m nu m b er o f hackney carriag es fo r Swansea. The m ajo rity o f resp o nd ents (76.7%) stated that they d id no t think there sho u ld b e a lim it o n the nu m b er o f hackney carriag es in Swansea.
Table 16 - S hould S w ansea C ouncil set a lim it on the num ber of hackney carriages?
F req u en cy Percen t Y es 111 23.3 N o 366 76.7 T ota l 4 7 7 1 0 0 .0
7.3 The reaso ns p eo p le g ave fo r stating that they tho u g ht there sho u ld b e a lim it o n hackney carriag es in Swansea inclu d e:
• ”To o m any cab s o n the ro ad alread y, the existing o nes canno t earn a d ecent living ‘; • ”To o m any cau se co ng estio n‘; • ”E nv iro nm ental issu es‘; and • To o m any new d rivers are taking cu sto m away fro m lo ng term d rivers.
7.4 The reaso ns g iven fo r stating that there sho u ld no t b e a m axim u m lim it o n hackney carriag es inclu d e:
• ”The cu rrent situ atio n is fine‘; • ”L ess waiting tim e‘; • ”no t eno u g h at the m o m ent‘; • there sho u ld b e p lenty o f taxis availab le to satisfy the p u b lic's d em and fo r them ; • Sho u ld b e m o re taxis availab le in central Swansea, su ch as W ind Street, K ing way and St M ary‘s C hu rch and m o re in the evening near the O ceana nig htclu b ; and
Technical no te P ag e 9
P ro ject Swansea Taxi U nm et D em and Stud y N o te P u b lic A ttitu d e Su rv ey Resu lts
• ”m o re taxis m eans g reater co nvenience fo r the p u b lic‘.
8 New Stances 8 .1 Resp o nd ents were ask ed if they there were any lo catio ns where they wo u ld lik e new tax i rank s in Swansea. Tab le 17 sho ws the resu lts. The m ajo rity o f resp o nd ents (57.4%) were satisfied with the p ro v isio n o f stances in Swansea. So m e 22.4% o f resp o nd ents d id no t k no w and 20.2% stated there were o ther lo catio ns they wo u ld lik e a new taxi rank.
T able 17 œ N ew locations for taxi ranks
F req u en cy Percen t Y es 93 20.2 N o 264 57.4 D o N ot K now 103 22.4 T ota l 4 60 1 0 0 .0
8 .2 So m e o f the p o p u lar lo catio ns b y resp o nd ents who stated they wo u ld like a new taxi rank in Swansea are sho wn in Tab le 18.
Table 18 Locations for new stances F req u en cy M u m b les 9 B ottom of W ind Street 10 B ry nm ill 3 K ing sway 10 U p land s 10 Stu d ent V illag e 3 K ilay 3 Sing leto n H o sp ital 2
Halcrow Group Limited Arndale House Otley Road Headingley Leeds LS6 2UL Tel +44 (0)113 220 8220 Fax +44 (0)113 274 2924 www.halcrow.com
Appendix 3
Project Swansea H ac k ney C arriag e D em and Su rv ey D a te 1 8 A u g u st 20 0 8 N ote A p p end ix 3 œ C o nsu ltatio n R esp o nses R ef CT CA EE 0 0 0 A u th or
1 Introduction 1.1 G u id elines issu ed b y th e D ep artm ent fo r T ransp o rt state th at c o nsu ltatio n sh o u ld b e u nd ertak en with th e fo llo wing :
• all th o se wo rk ing in th e m ark et; • c o nsu m er and p asseng er (inc lu d ing d isab led ) g ro u p s; • g ro u p s wh ic h rep resent th o se p asseng ers with sp ec ial need s; • th e P o lic e; • lo c al interest g ro u p s su c h as h o sp itals o r v isito r attrac tio ns; and • a wid e rang e o f transp o rt stak eh o ld ers su c h as rail/b u s/c o ac h o p erato rs and transp o rt m anag ers.
2 Indirect Consultation 2 .1 In term s o f d irec t c o nsu ltatio n, letters were sent o u t to a nu m b er o f ind iv id u als and o rg anisatio ns to find o u t th eir v iew o f th e ind u stry , th u s fu lfilling th e D fT g u id elines.
2 .2 T h e H ead teac h er o f Y s g ol C ru g G la s , a sc h o o l fo r c h ild ren with p ro fo u nd and m u ltip le learning d iffic u lties, p ro v id ed a written resp o nse relating to th e u se o f c o ntrac ted tax is to transp o rt p u p ils to /fro m th e sc h o o l. H e felt th at th e im ag e o f th e trad e h as im p ro v ed c o nsid erab ly o v er th e last 8 y ears in relatio n to th e q u ality and ac c essib ility o f v eh ic les. It was also stated th at d riv er attitu d es c an b e v ariab le with so m e o p erativ es need ing to im p ro v e th ere sk ills in safe and sensitiv e h and ling o f wh eelc h airs.
2 .3 Issu es were also raised in relatio n to th e need fo r th e new sty le fo u r-p o int web b ing c lam p s fo r wh eelc h airs to b e fitted to v eh ic les. M any o f th e o ld er tax i v eh ic les d o no t h av e flo o r- m o u nted trac k ing fo r th e c lam p s and m o st tax is d o no t c arry th e new c lam p s. It was also no ted th at o ld c lam p s c an d am ag e allo y -fram ed wh eelc h airs and th at th ere is lim ited awareness th at new wh eelc h airs are m ark ed with ap p ro v ed c lam p ing p o ints.
2 .4 C o nc ern was also raised o n safety g ro u nd s as to tax i o p erativ es sto p p ing in th e m id d le o f th e ro ad to d ro p p u p ils o ff at b u sy tim es rath er th an waiting fo r a p ark ing sp ac e to b ec o m e av ailab le. T ech nical no te P ag e 2
P ro ject Swansea H ackney C arriag e D em and Survey N ote A ppendix 3 œ C onsultation R esponses
2 .5 F irs t b u s o p erato rs feel th at th ere is an o v ersu p p ly o f h ac k ney c arriag es in Swansea ac ro ss all tim es o f th e d ay, b ased o n th e fact th at m o st ranks h ave q u eu es o f veh icles tailing b ack b eyo nd th e leng th o f th e rank at m o st tim es o f th e d ay. In relatio n to p rivate h ire veh icles, th e o u tly ing areas are no t as well serv ed as th e c ity c entre, with late p ic k u p s, failu re to p ic k up and double bookings being com m onplace.
2 .6 V eh icle im ag e was stated as b eing p o o r with p articu lar p ro b lem s with cleanliness and accident d am age being cited. D river im age was also stated as b eing p oor with d river attitu d e varying fro m extrem ely h elp fu l to ”co u ld n‘t care less‘. A req u irem ent fo r ad d itio nal training was su g g ested as d rivers seem to kno w little ab o u t th e lo cal area d u e to th e u se o f satellite nav ig atio n sy stem s.
2 .7 O th er issu es raised inc lu d ed :
• P arking p ro blem s as the rank at the b ottom W ind Street wh ere prob lem s occur at week end s wh en p asseng ers are d ro p p ed o ff; • T h e wait fo r a wh eelch air accessib le veh icle was cited as b eing u naccep tab le; • F ares seem very h ig h late at nig h t; and • L ev els o f ad v ertising seem lo w.
2 .8 T h e o verall exp erience o f u sing a taxi in Swansea is no t favo u rab le with co ncerns o ver sp eed ing tax is and safety at rank s at nig h t b eing ex isting p ro b lem s.
2 .9 Sw ansea Taxi O w ners A ssociation felt that the supply of hackney carriages was ad eq u ate ac ro ss all tim es o f d ay and all areas o f Swansea h o wev er it is felt th at th ere are to o m any p riv ate h ire v eh ic les. T h e im ag e o f th e trad e is c ited as b eing ex c ellent, with d riv er attitu d es b eing very g o o d g enerally and th ere b eing no req u irem ent fo r ad d itio nal training .
2 .10 N ew ranks were su gg ested in M um b les and at the U niversity, with better sig ns being provided to im prove accessibility and the em ploym ent of T axi M arshals until at least 0 3:30 am . It was felt th at th ere was an ad eq u ate su p p ly o f wh eelc h air ac c essib le v eh ic les in Swansea with no ad d itio nal wh eelch air accessib le veh icles b eing req u ired .
2 .11 T axi fares were cited as b eing ad eq u ate at p resent, alth o u g h ad vertising co u ld b e im p ro ved esp ecially in relatio n to safety co ncerns reg ard ing u nm arked cars. N o safety issu es were raised b y th e taxi o wners asso ciatio n, alth o u g h T axi M arsh als sh o u ld b e em p lo yed later in th e nig h t. It was no ted th at th ere are cu rrently to o m any taxis in Swansea.
2 .12 S ou th W ales Police felt th at Swansea h as an ad eq u ate su p p ly o f b o th h ackney carriag e and p riv ate h ire v eh ic les ac ro ss all tim es o f th e d ay and ac ro ss all areas o f th e c ity . C o nc ern was raised in relatio n to p riv ate h ire v eh ic les illeg ally p ic k ing u p p asseng ers at c ity c entre ranks which is an o ng oing enforcem ent issue for th e p olice. W ind Street su ffers fro m T ech nical no te P ag e 3
P ro ject Swansea H ackney C arriag e D em and Survey N ote A ppendix 3 œ C onsultation R esponses
inad eq u ate taxi rank p ro visio n d u e to th e recent d evelo p m ent o f p u b s and clu b s with in th e area, wh ic h h as lead to th e fo rm atio n o f illeg al rank s c au sing issu es fo r th e p o lic e in term s o f c rim e and d iso rd er as well as p u b lic safety . T ax i M arsh als h av e b een a p o sitiv e m easu re b u t wo u ld b e aid ed b y th e c o nstru c tio n o f p ed estrian b arriers at rank s and im p ro v ed lig h ting . G reater p u b lic ity o f tax i reg u latio ns is req u ired to raise awareness o f no n-reg istered v eh ic les and co rrect veh icle/d river id entificatio n.
2 .13 S w ansea A ction for E veryone and S w ansea D isability Forum felt th at th ere is a p o o r su p p ly o f h ackney carriag es and p rivate h ire veh icles at certain tim es o f th e d ay, inclu d ing sc h o o l start/finish tim es and ev ening s, with th ere b eing so m e d iffic u lty g etting so m e firm s to g o to o u tlying areas to p ick u p . T h e stand ard o f veh icles is variab le fro m very g o o d to very b ad . D river attitu d e o f so m e d rivers was no ted as b eing b ad with so m e d rivers refu sing to p ick u p wh eelch air u sers in th e street o r so m etim es wh en p re-b o o ked . A d d itio nal training sh o u ld b e g iven to d rivers relating to d isab ility awareness and h o w to d eal with d isab led p eo p le.
2 .14 D ro p p ed kerb s o n b o th sid es o f th e ro ad were su g g ested as a req u irem ent to allo w access to ranks and it m u st be ensu red th at taxis qu eu ing at ranks d o no t blo ck these d ro pp ed kerb s. It was felt th at a g reater nu m b er o f wh eelch air accessib le veh icles are req u ired . P otable step s were sug gested in order to enab le peop le with m o bility pro blem s to b oard h ackney carriag es. F o r d isab led p eo p le wh o rely o n taxis as th eir m ain m o d e o f transp o rt th e fares are p ro h ib itive, with th e su g g estio n b eing m ad e th at th e co u ncil intro d u ce a taxi v o u c h er sy stem .
2 .15 F ew p eo p le feel safe waiting at rank s d u ring th e d ay o r nig h t with a need fo r T ax i M arsh als b eing m o re p ro active in ensu ring th at d isab led p eo p le are catered fo r. It was felt th at th ere is very p o o r transp o rt integ ratio n in Swansea inclu d ing th e u se o f taxis. O p p o sitio n to a lim itatio n p o licy was cited as it is d ifficu lt to o b tain a taxi at b u sy tim es.
2 .16 A rep resentative o f th e R ail & M aritim e Transport U nion felt th at th ere are cu rrently to o m any taxis in Swansea wh ich can b e seen with taxis q u eu ing at ranks d u ring th e d ay and nig h t. T h e veh icles are fairly clean and in g o o d co nd itio n at p resent. A d d itio nal ranks are req u ired at W elling to n Street and th e M o rfa Stad iu m , with b etter sig nag e req u ired sh o wing cu sto m ers th e d irectio n o f th e nearest rank. C o m p ared with o th er areas o f th e co u ntry Swansea h as ad eq u ate wh eelch air accessib le veh icles. T h ere is no ad vertising o f taxi services at p resent. Swansea sh o u ld intro d u ce a lim it o n th e nu m b er o f taxis as th ere is cu rrently m o re th an eno u g h .
2 .17 S w ansea C ity C en tre Partnership h as no v iews o n th e ad eq u ac y o f h ac k ney c arriag e and p rivate h ire su p p ly in Swansea. T h ey felt th at veh icle q u ality o f h ackney carriag es is h ig h and th ere are a variety o f typ es o f veh icle to acco m m o d ate d ifferent p asseng er need s. T ech nical no te P ag e 4
P ro ject Swansea H ackney C arriag e D em and Survey N ote A ppendix 3 œ C onsultation R esponses
2 .18 E xperience o f driver attitu des and q uality h as been p oor with d rivers voicing negative o p inio ns ab o u t th e city to p asseng ers and th e d isreg ard o f th e traffic reg u latio n o rd ers ou tsid e St M ary‘s C hu rch . T his relates to over ranking at this lo cation with cabs d ou ble p arking o n P ricess W ay, o b stru cting th e m ini ro u nd ab o u t and th e b u s sto p . Situ atio ns h ave arisen in th is area when drivers h ave been asked to m ove as they are causing an o b stru ctio n as th ey d o n‘t want to lo o se th eir p lace. P o lice and traffic ward ens h ave o ften b een called to reso lve th ese situ atio ns.
2 .19 M o re training is req u ired in cu sto m er care and g eneral co u rtesy to p asseng ers. T h ere is a need to sell th e c ity and reg io n to v isito rs wh ic h c o u ld b e th ro u g h th e tax i trad e. T ax i d riv ers need an awareness o f th e im p act o f th eir actio ns in p articu lar to cau sing co ng estio n and o b stru c tio n.
2 .2 0 A dditional ranks are required to accom m odate the num ber of existing taxis with taxi m arsh als h aving a calm ing influ ence d u ring th e late evening s. It is felt th at no ad d itio nal wh eelc h air ac c essib le v eh ic les are req u ired and th at it is v ery easy to p re-b o o k a wh eelc h air accessib le veh icle in Swansea. T h e resp o nd ent stated th at th ey felt safe u sing b o th h ackney carriag es and p rivate h ire veh icles as well as waiting at ranks. T axi M arsh als are felt to h ave a p o sitive effect with in th e city centre h elp ing to m anag e cro wd s and avert co nfro ntatio n late at nig h t.
2 .2 1 T axis co m p lem ent o th er typ es o f p u b lic transp o rt well as th ey are lo cated at b o th th e train and b u s statio n and can p u ll u p d irectly in fro nt o f th e sh o p m o b ility facility. T h e nu m b er o f h ackney carriag es sh o u ld no t b e lim ited as it is b etter th at m arket fo rces d eterm ine th e nu m b er o f taxis. If h ackney carriag es were lim ited th e g ap wo u ld b e filled b y p rivate h ire wh o are no t reg u lated in th e sam e way. Item No. 10 (C) (1)
Report of the Cabinet Member for Environment
Council – 26th February 2009
ADOPTION OF APPROVED POLICY DOCUMENTS AS SUPPLEMENTARY PLANNING GUIDANCE
Summary
Purpose: This report seeks the endorsement of previously approved policy documents as Supplementary Planning Guidance (SPG) to the Council’s Unitary Development Plan (UDP) following its recent adoption Policy Framework: Town and Country Planning Acts 1990-91; Town and Country Planning (Development Plan) Regulations 1991; Unitary Development Plans Wales, 2001; City and County of Swansea Unitary Development Plan (2008) Reason for Decision: To ensure that the policy documents are given due weight as a material planning consideration in the determination of planning applications Consultation: Legal, Finance and Regeneration
Recommendation(s): It is recommended that:
1) The policy documents are endorsed as Supplementary Planning Guidance to the adopted Unitary Development Plan.
2) The Head of Planning Services is authorised to update references in these documents and currently adopted Supplementary Planning Guidance to reflect the policies in and status of the Unitary Development Plan.
3) The most recent version of the Local Housing Market Assessment shall be used when considering affordable housing requirements
1.0 Background
1.1 The Council has approved a number of land use policy documents since 2006 that were eventually intended to provide more detailed guidance on the way in which the policies of the UDP were to be applied in particular circumstances or areas.
1.2 As these documents were finalised in advance of the UDP, they did not form part of an approved plan and therefore could not be treated as SPG. Following the adoption of the UDP on 10th November 2008 this is no longer the case. This report therefore seeks to formally endorse the documents listed below as SPG.
2.0 Policy Documents to be endorsed as SPG
Document Date of Approval Authorising Minute Tawe Riverside Corridor Council 21st September 2006 89 Strategy Tourism Strategy 2006-2010 Council 14th December 2006 188 Swansea City Centre Strategic Cabinet 11th January 2007 154 Framework Vetch Masterplan Cabinet 5th April 2007 219 Local Housing Market Council 13th September 2007 79 Assessment as part of Local Housing Strategy 2007-2012 Swansea Bay Strategy Council 28th February 2008 205 Design Guide for Household Council 19th June 2008 41 Development Tregof Village Development Cabinet 7th August 2008 64 Brief: Phases 3,4 and 5 Tall Buildings Design Guide Council 23rd October 2008 123
3.0 Matters Arising
3.1 For SPG to be consistent with national planning guidance, as well as the policies in the UDP, it should be clearly cross- referenced to the relevant plan or policy which it supplements. As all the above documents predated the adoption of the UDP the cross-references they contain relate to earlier versions of the Plan. These documents must therefore all be updated to refer to the latest version of the UDP and the Head of Planning Services should be authorised to arrange for the necessary revisions to the documents on the Council’s website, in future re-publications and by way of an addendum slip in current hard copies.
3.2 These changes also apply to all adopted SPG, which need to be similarly updated as part of an ongoing review to inform the preparation of the Local Development Plan. Where SPG is found to have become obsolete or require revision to remain relevant, details will be reported back to Cabinet for authorisation for deletion or re-consultation on a revised version to be undertaken as necessary.
3.3 It is intended that the Local Housing Market Assessment will be updated on an annual basis and therefore for the avoidance of any doubt there should be clarification that the latest version will always be taken as the relevant SPG.
4.0 Financial Implications
4.1 There are no financial implications arising.
5.0 Recommendation
5.1 It is recommended that:
(i) The policy documents are endorsed as Supplementary Planning Guidance to the adopted Unitary Development Plan.
(ii) The Head of Planning Services is authorised to update references in these documents and currently adopted Supplementary Planning Guidance to reflect the policies in and status of the Unitary Development Plan.
(iii) The most recent version of the Local Housing Market Assessment shall be used when considering affordable housing requirements
Contact Officer: Paul Mellor Legal Officer: Chris James
16th February 2009 Item No. 10 (D) (1)
Report of the Cabinet Member for Housing
Council - 26th February 2009
HOUSING ALLOCATIONS POLICY 2009
Summary
Purpose: To seek approval for the Housing Allocations Policy 2009
Policy Framework Local Housing Strategy 2007-2012, approved by Council on 13th September 2007
Reason for To establish the framework for Housing Allocations from 2009 Decision
Consultation Financial Services, Legal and Democratic Services
Recommendations It is recommended that Council approves the Housing Allocations Policy 2009.
1. Introduction and background
1.1 The current Re-housing Policy has been in place since 1996. While some minor amendments were made in 2001 and 2006, the policy has not been comprehensively reviewed since 1996.
1.2 Alongside our Re-housing Policy, a pilot Choice Based Lettings (CBL) system “Eastside Home Choice” was introduced in the Eastside area in 2001 and has been running as a pilot for over 6 years.
1.1 As part of this policy review, we have considered whether a CBL system, similar to Eastside Home Choice, should be introduced across the whole of the city. The broad aim of CBL is to allocate properties based on applicants applying for specific properties that become available to let. Such allocation systems have recognised benefits which include increasing customer choice, and the ability to actively market and let properties that might be otherwise difficult to let.
1.2 However, within the housing market prevalent from 1999 to 2007, many of the recognised benefits of CBL have diminished. In particular, significant house price inflation, far in excess of wage increases, has led to a shortage of affordable housing, and consequent increased in demand for council housing. The proportion of properties allocated to statutory homeless persons has also increased, and is currently at around 41% of all housing allocations.
1.3 Research into other authorities in Wales and England have shown that, although CBL schemes have been introduced in many authorities, some are now reversing this decision as they have concluded that such schemes have not brought significant benefits, but have added to costs due to the need to produce brochures, leaflets and other marketing material.
1.4 In addition, although the Eastside scheme has in general been considered successful, there have also been certain difficulties, in that the scheme fails to recognise cumulative need in terms of deciding which applicants are a priority, and around the ability of tenants within the area to transfer to properties in that same area.
1.5 Taking all the above into account, while it is recognised that there are benefits in terms of customer choice, current market conditions coupled with the prospect of increased implementation costs have led us to conclude that we will continue at the present time with a traditional points based system for allocating council housing. Also, we will cease the pilot Eastside Home Choice scheme when our new Policy becomes operational early in 2009.
1.6 While we will not be introducing a CBL scheme at present, we will keep such a scheme under review for the future. In the meantime, this review will focus on updating and improving our existing points based system.
2 Legal Implications
2.1 The Housing Act 1996 parts VI and VII, as amended by the Homelessness Act 2002, require local authorities to have an allocations policy that sets out:
• Who is eligible to apply for rehousing.
• How the Council prioritises applicants for re-housing ensuring that reasonable preference is given to certain people.
• The basis on which the Council will allocate accommodation.
• The Council’s policy on applicant choice and preference.
• How the Council will prioritise tenant transfers.
2.2 The term ‘allocation of housing accommodation’ is defined by S159 of the Housing Act 1996 as:
• Selecting a person to be a secure or introductory tenant of accommodation held by the Council.
• Nominating a person to be a secure or introductory tenant of housing accommodation held by another person (as stipulated in S80 of the Housing Act 1985).
• A nomination to an assured tenancy (including assured shorthold tenancy) of accommodation held by a Registered Social Landlord (Housing Association).
2.3 Our new Allocations Policy has been developed to comply with the requirements of Part VI and Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002 in relation to the letting of social housing.
2.4 The policy seeks to ensure that reasonable preference is given to those tenants and applicants in the greatest housing need and to help applicants and tenants to be housed or re-housed in an area of their choice, as far as is reasonably possible.
2.5 Procedural guidance will be required to implement the Policy. Further work will also be required to amend tenancy management procedures including the amendment of the standard tenancy agreement. Legal advice will need to be sought regarding these pieces of work.
3 Process of Developing this Allocations Policy
3.1 The review commenced in December 2007. Various consultation has taken place, opinion has been sought from numerous sources, and other information has been fed into the process, as follows:
• A Project Team, including staff from Housing Options, Landlord Services staff and staff from Strategic Services was formed to steer the review. • A wider staff consultation group with representatives from Landlord Services and Housing Options. • The Tenants Consultative Panel (TCP). • The discussions of the Working Group on local lettings (including Member representation), 2006/7. • Community Services Performance Review Board review of bed and breakfast and homelessness services, 2005/6.
4. The Policy Objectives and Overview of the Changes
4.1 The aim was to develop a policy which allocates housing to those most in need. Furthermore, the policy aims to:
• Improve existing tenants ability to move through an on-line mutual exchange scheme, increased time points, under occupation points and beneficial transfer points.
• Address under-occupation and develop a citywide scheme to free up the supply of family sized accommodation. Both the Council and Housing Associations aim to make effective use of their housing stock. To this end, support and assistance may be offered to tenants who are under-occupying their homes and who wish to move, to encourage moves to smaller accommodation more suitable for their needs.
• Recognise the greatest community connection with a specific area by ensuring that when more than one household are the highest pointed on the waiting list for a specific property, the allocation will be made to the household with a connection to the ‘rehousing area’ in which the property is located.
• Maximise choice and accessibility by ensuring that the new policy gives an element of choice to tenants and applicants and the process is simple and easy to understand.
• Ensure the process is customer focussed by requiring more intensive work at the application stage to ensure that all housing choices are tailored to meet the needs and aspirations of customers. This will help increase sustainability and cut down on abortive offers.
5. Overview of Significant Changes
5.1 The 2009 Allocations Policy is not a radical departure from the current Re- housing Policy. Appendix 1 sets out the key differences to the existing policy. The full Housing Allocations Policy 2009 is shown at Appendix 2. In addition, set out below the notable changes to the existing policy: a) One offer will discharge homelessness duty
• Legislation requires authorities to make one suitable offer of accommodation to a person who is statutorily homeless, before our duty to secure accommodation can be discharged. Although the 2006 Re-housing Policy is not explicit on the number offers to be provided to homeless households in discharge of the legal duty to accommodate, current practice is to offer two suitable offers of accommodation.
• However, under the provisions in the 2009 Allocations Policy, the Council will explicitly discharge its homelessness duty following one suitable offer of accommodation.
• There are a number of reasons why this provision and change to current practice has been introduced. This includes:
¾ A shortage of social housing with which to discharge the homelessness duty. ¾ The aim to reduce the amount of time spent in temporary accommodation (which should also reduce the financial burden on the Council in providing temporary accommodation).
• This more robust approach will be balanced with the introduction of a new process for registering homeless households for housing areas. Currently households are automatically registered for 2 operational areas. This has led to situations where applicants have been offered properties in locations that they do not want (even where these are in high demand areas).The new process will allow homeless households to register for far fewer areas as long as there is a reasonable expectation that the household will receive a suitable offer within a reasonable time frame.
• It is worth noting that the majority of Councils in Wales operate a policy of providing one suitable offer of accommodation in discharge of the homelessness duty. b) Community Connection
It is recognised that, although meeting housing need must be the priority of any housing allocations policy, this must also be balanced with consideration for the well being of existing tenants and the community as a whole. It is generally accepted that enabling households to settle in communities where they have existing networks or connections is beneficial both on an individual and community level.
In order to recognise community connection, the 2009 Allocations Policy will:
• continue the current policy for awarding housing need points if a household can demonstrate that they need to live in a specific area to give or receive support.
• formally include provision for ensuring that when more than one household is the highest pointed on the waiting list for a specific property, the allocation is made to the household with a connection to the rehousing area in which the property is located.
• continue the current policy of ensuring that households with no local connection to the City and County of Swansea have housing need points reduced to 0. This will ensure that Swansea people are prioritised for Council Housing in Swansea.
• introduce a new process for registering homeless households for re housing areas that will help enable households to settle in communities where they have existing networks or connections. Currently the City is divided into 3 Operational areas and households are required to select 2 Operational areas. The new process will allow homeless households to register for far fewer areas as long as there is a reasonable expectation that the household will receive a suitable offer within a reasonable time frame. The new process will also allow households to de-select high demand areas if they have no interest in living in that area.
6. Implementation Plan
6.1 Following approval of the new Policy by Council, a process of updating policy guidance for staff, updating application paperwork and processes, staff training, and re-assessing all existing applications under the new Policy will need to take place.
6.2 Following this, is anticipated that the new policy will go live by 1st July 2009.
7. Financial Implications
7.1 Savings in the region of £10,000 per year are anticipated for the housing revenue account, from ceasing the production of Eastside Home Choice property brochures.
7.2 One off additional costs will be required in order to implement the new policy. This will be to resource new application forms, postage and staffing costs associated with reassessing all current housing applications in line with the new policy, by the end of June 2008. These costs will all be contained within the existing budget for this service area.
8. Conclusions
8.1 The proposed new Housing Allocations Policy is based on the current traditional points based system, with changes as set out in paragraph 5 above, and appendix 1.
8.2 The pilot Eastside Home Choice scheme will cease at the time the new Allocations policy becomes operational, and from this time all housing across the city will be allocated based on the new Policy.
9. Recommendation
9.1 It is recommended that Council approves the Housing Allocations Policy 2009.
Contact Officers: Chris Jones, Community Housing Services Manager 635030 Andrew Vye, Service Manager, Housing Options 533130 Gail Evans, Senior Policy and Strategy Officer 635046
Legal Officer: Sandie Richards APPENDIX 1
Table comparing current policy with proposed new policy, and highlighting notable changes
NB Table shows key differences, for full details of all categories and points, refer to full Policy document
Issue Current Re- New Re-housing Policy 2009 housing Policy General Principles Points based • Eastside Home Choice ceases. system for • Points based system, for allocating housing based on need, determining retained as the basis for allocation decisions, across whole city. housing need, • Aims to address under occupation and making best use of except for housing stock. Eastside Home • Aims to increase existing tenant mobility through improved, on Choice line mutual exchange scheme.
Section 1- Introduction Includes a preamble explaining links with other initiatives and agreements impacting on housing allocations in the area- including Nominations agreements, strategy for “Move On” from temporary to permanent housing, under occupation schemes, ADAPT project for allocating wheelchair accessible housing, Mutual exchange and emergency situations.
Section 2- application • Detail of the housing application process set out process • Sets out how applications from specific groups are dealt with- including 16 and 17 year olds, people experiencing domestic abuse, vulnerable people and employees of the Council.
Section 4 – The points • Categories remain the same, but points have been amended to system reflect imbalances in current system, and new priorities e.g. tenant mobility, under occupation, responding to emergency situations, meeting statutory duties and meeting strategic priorities. Details of changes to points in different categories are as follows: Points Category Current Re- New Re-housing Policy 2009 points housing Policy points Temporary or insecure housing Unintentionally homeless and priority need 145 150 Move on strategy 100 130 No permanent 80 90 accommodation/non priority homeless application Residents in long stay hospitals, 100 130 LA care or nursing homes Licensee required to move 50 50 Licensee/implied licensee 25 20 Intentionally homeless 40 50 Homelessness duty discharged 80 90 Retiring employee in tied 145 150 accommodation Warrant for eviction, Notice Ranging from 0 (applicants will be dealt with as potentially homeless and seeking possession, notice to 20-110, provided with advice and assistance to prevent homelessness) quit points depending on type of notice served Overcrowding Each bed space lacking 30 System simplified to: Number of bed-spaces lacking: Each bedroom lacking 10 Sexual overcrowding (age 7+ of 20 1- 25 points opposite gender sharing) 2- 50 points Unborn child Not pointed 3- 75 points No overcrowding points 0 4- 100 points awarded for people with 5 or more 125 points overnight contact only with Gender overcrowding where oldest child is aged 7-9 - 20 points children Gender overcrowding where oldest child is aged 10+ 40 points Unborn child within 3 months of expected delivery date, recognised as child under 1 year old
Where an individual has overnight contact or custody of a child or children for 3 nights per week, 50% of the overcrowding and or gender overcrowding points will be awarded.
Unsatisfactory housing conditions Families with children under 12 15 0 (replaced with 40 points as below) occupying mobile home Families with children under 12 25 0 (replaced with 40 points as below) occupying caravans or converted vehicles as their principle and only home Children or people over 60 in a 0 40 (new category includes recognising older persons in addition to mobile home, caravan or children living in mobile homes, caravans, converted vehicle, and converted vehicle increases weighting) Families with children under 12 15 0 (replaced with 20 points as below) occupying high rise flats above 2nd floor Families with children under 12 15 0 (replaced with 20 points as below) in flats up to 2nd floor level in non child designated flats Families with children under 16 0 20 who live above 2nd floor.
Children in non secure (or 10 5 points per child temporary) accommodation
Unsanitary and other unsatisfactory housing conditions Applicants awarded points for 15 20 (up to a maximum of 60 points). Additional points over this only each facility lacking, or defect following referral to and advice from Environmental Health Notices for emergency 20, 30 or 40 120 points for serious hazards under Housing Health and Safety unsatisfactory conditions (now depending on Rating System, (and refer to homelessness caseworker for assessed under new Housing type of notice, decision on homelessness points) Health and Safety Rating cumulative System HHSRS) points if more than one notice served Prohibition order to stop the use of a 0 80 (new category) particular part of the property which is in everyday use Points for sharing facilities with 5 points per 0 (All sharing points have been moved to Overcrowding category immediate family have been facility shared where 30 points can now be awarded where any facilities are removed. up to a shared ) maximum of 20 points
Medical Points Needs wheelchair accommodation 50 50 Needs ground floor, level access or 50 50 lift access Needs an additional bedroom for a 50 50 carer Miscellaneous or cumulative medical 50 50 need Needs a ground floor bathroom 50 50 House not capable of being 50 0 (in these cases applicants referred to ADAPT register) adapted
Only one award of 50 points is possible under any of the above headings Severe medical need where a current 75 150 medical condition means that an urgent response is required by the Council 50 + 75=125 Applicants can only be awarded 50 points for general medical points possible needs or 150 points for severe medical need, not both as cumulative medical points Social and welfare needs points All previous social and welfare needs categories have been merged into the 3 new categories- high, medium or low, as set out below: High (exceptional social 200 500 (Tenants only) circumstances) Medium (urgent circumstances 100 135 (Applicants and tenants) requiring an urgent response or meets 3 or more from social/welfare need criteria below) Low 40 points for each of the criteria met, up to maximum of 80 points
Social and Welfare needs criteria: • Need to be near work • Need to give or receive support • Need to move or stay close to a special school or facility • Leaving HM Forces • In Sheltered accommodation • Need to remain in a specific area • Need to leave a specific area • Need for settled accommodation on welfare grounds • Miscellaneous social need Housing cost shortfall 30 2 new bands introduced (Applicants only): • 20 points where Housing Benefit shortfall of 5% – 10% • 40 points where Housing Benefit shortfall of more than10% Local connection and economic circumstances have been moved to a new Sanctions category (see below)
Tenants who want to move Under occupation points 25 per bedroom 75 points per bedroom (For downsizing to any property applicant entitled to under this policy)
Beneficial transfer 50 150 (freeing up ground floor, adapted or large family sized accommodation or moving from high demand to low demand area, for move to any property the applicant is entitled to under this policy)
High demand area to low demand 20 0 (see above) area Mutual exchange scheme Manual register Online Mutual Exchange scheme.
Time waiting on register Time spent in housing need 10% of housing need Applicants will receive 10 pts for each year from the date of their score for each year application up to a maximum of 80 points. registered for new applicants. Tenants will receive 10 points per year from the date of current tenancy up to a max of 80 pts. Tenants awarded 5 points per year of their current tenancy. Sanctions No local connection Points reduced to 0 Points reduced to 0
Current tenants who have had 30 points deducted. Points reduced to 0 major adaptation carried out and wish to transfer to alternative accommodation within 2 years Applicants with income , minus 30 points Points reduced to 0 (also applied to tenants) savings or assets large enough to secure the purchase of a suitable property, including sheltered accommodation if appropriate Allocation of Housing The homelessness duty Discharged after 2 Discharged after 1 offer (NB homelessness points reduced at this offers stage). Applicants will be then treated on the same basis as other applicants and tenants and will receive a further 3 offers in areas of their choice. Total number of offers for non 2 3 homeless applicants and tenants Community connection When more than one household is the highest pointed on the waiting list for a specific property, the allocation will be made to the household with a connection to the ‘re-housing area’ in which the property is located Tenants over the age of 60, Now allowed to register for a transfer to a property of a similar size if a under occupying more suitable property becomes available in the same complex or block. accommodation in a flat or complex that is unsuitable for their needs on medical grounds
Appendix 2
Housing Allocations Policy
2009
City and County of Swansea
Directorate of Regeneration and Housing
Contents
Section 1: Introduction
• Overview of the allocations policy page 4 • Legal and policy framework page 4 • Equal opportunities and diversity page 5 • Welsh language statement page 5 • Development of the policy page 6 • Confidentiality and data protection page 6 • Freedom of Information Act 2000 page 6 • Associated schemes, initiatives and agreements page 7
Section 2: The application process
• The application process page 10 • Choice for applicants and tenants page 10 • Notification and how the Council will communicate page 11 with households applying for housing • False or misleading information page 11 • Applications from households with no page 11 local connection • Applications from vulnerable people page 12 • Applications from people experiencing page 12 domestic abuse • Applications from 16 and 17 year olds page 13 • Applications from households accepted as page 13 unintentionally homeless and in priority need • Applications from employees of the Council page 13
Section 3: Eligibility for an allocation page 14
Section 4: The points system
• Points for temporary or insecure housing page 16 • Points for overcrowded or unsatisfactory page 17 housing conditions • Points for medical circumstances page 18 • Points for social or welfare circumstances page 18 • Points for tenants who want to move page 19 • Points for time spent in housing need page 20 • Sanctions and point reductions page 20
Section 5: The allocation of housing
• Offering accommodation page 22 • Number of offers page 22 • Reasonable offer page 22 • Community connection page 23 • Transferring tenants page 23 • The size and type of accommodation to be offered page 23 • General letting principles page 24 • Households with children under 16 page 24 • Households with children 16 and over page 24 • Households who have contact with children page 24 • Medical circumstances page 24 • Ground floor flats page 25 • Tenants with lodgers page 25 • Overcrowding / under occupation page 25 • Accepting an offer of accommodation page 25 • Sensitive Lettings page 26 • Lettings Standard page 26 • Retiring Employees page 26 • Readily available properties and general offers page 26
Section 6: Appeals, Reviews and complaints page 27
Appendix 1: Minor and Major Adaptations page 28
Section 1
Introduction
Overview of allocation policy
1.0 The allocations policy is the framework for:
• The assessment of applications for Council Housing including tenant transfers.
• The allocation of council property.
• Nominations to a tenancy held by a Housing Association.
1.1. The Objectives of the Policy are:
• To meet housing need.
• To create balanced communities.
• To ensure the best use of the housing stock.
• To maximise tenant mobility.
• To maximise choice.
Legal and Policy Framework
1.2. The Housing Act 1996 parts VI and VII, as amended by the Homelessness Act 2002, require local authorities to have an allocations policy that sets out:
• Who is eligible to apply for re-housing.
• How the Council prioritises applicants for rehousing ensuring that reasonable preference is given to certain people.
• The basis on which the Council will allocate accommodation.
• The Council’s policy on applicant choice and preference.
• How the Council will prioritise tenant transfers.
1.3 The term ‘allocation of housing accommodation’ is defined by S159 of the Housing Act 1996 as:
• Selecting a person to be a secure or introductory tenant of accommodation held by the Council.
• Nominating a person to be a secure or introductory tenant of housing accommodation held by another person (as stipulated in S80 of the Housing Act 1985) e.g. New Town Corporation, Urban Development Corporation.
• A nomination to an assured tenancy (including assured shorthold tenancy) of accommodation held by a Registered Social Landlord (Housing Association).
1.4 This Allocations Policy has been developed to comply with the requirements of Part VI and Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002 in relation to the letting of social housing.
1.5 The policy seeks to ensure that reasonable preference is given to those tenants and applicants in the greatest housing need and to help applicants and tenants to be housed or rehoused in an area of their choice, as far as is reasonably possible.
1.6 This Policy supports and compliments other Strategies and Policies including the Local Housing Strategy, Homelessness Strategy, Older Persons Strategies, Affordable Housing Policy, Anti-Social Behaviour Guidance, Tenancy Management Policy and the Empty Properties Strategy.
Equal Opportunities and Diversity
1.7 We are committed to providing equality of opportunity and all applicants and tenants will be treated equally and without discrimination. We will deal with all our customers reasonably and will not discriminate on the grounds of a person’s race, ethnic origin, nationality, religion, cultural background, gender, sexual orientation, age, disability or illness.
1.8 All applicants for housing will be asked to complete the Council’s ‘About You’ form.
1.9 On request, all information and documentation relating to this allocations policy will be provided in alternative formats e.g. large print, audio tape/CD and/or Braille.
1.10 The Council will provide all reasonable assistance to applicants and tenants requiring assistance to complete the application form including translation services.
Welsh Language Statement
1.11 Applicants and Tenants have the right to receive all information and documentation relating to this policy in Welsh.
1.12 Applicants and Tenants will have the right to submit their application in Welsh and to communicate with the Council in Welsh if that is their preference.
Development of the policy
1.13 This policy was developed in partnership with the Tenants Consultative Panel (TCP), staff groups and key stakeholders.
Confidentiality and Data Protection
1.14 All information provided by applicants on the application form will be for the sole purpose of enabling the Council to assess the application for housing in accordance with this Policy, and the Data Protection Act 1998.
1.15 Applicants and tenants are entitled to see any information that the Council holds on them, except information provided in confidence by a third party or confidential information regarding a member of their family. Applicants will need to make their request for information in writing, and there may be a charge to reflect any additional work involved in providing this information.
1.16 The duty of confidentiality may be waived in circumstances where the disclosure is considered to be in the wider public interest e.g. the prevention or detection of crime, or in the provision of relevant information at ward or wider geographical level.
Freedom of Information Act 2000
1.17 Anyone can request ‘recorded information’ from the Council in any format, e.g. paper, compact disk, e-mail messages, and reports.
1.18 Advice and information will be available free of charge to all applicants and tenants on a variety of issues relating to housing, and in a range of formats.
1.19 Some information is exempt from public access under the Freedom of Information Act 2000 (FOIA 2000).Certain data will be absolutely exempt while other information will be withheld or released subject to a qualified decision whether the public interest is best served by withholding or releasing the information requested.
1.20 Personal data requests by the applicant or tenant are exempt from the disclosure provisions of the FOIA 2000 and are instead dealt with under the Data Protection Act 1998.
1.21 Personal data requested by someone other than the applicant are dealt with under the FOIA 2000. However, such requests are likely to infringe the data protection principles and, therefore, this data would be exempt information under the FOIA 2000.
Associated schemes, initiatives and agreements
Nominations to Housing Associations
1.22 The Council works closely with several local Housing Associations to develop affordable housing for rent and shared ownership. 1.23 The Council has nomination agreements in place which outline the number of housing association properties which will be made available to applicants on the Council’s waiting list.
1.24 Eligible applicants and tenants can express an interest in being nominated for a Housing Association property on the application form for housing and at any time during the assessment process.
1.25 Housing Associations offer accommodation to the Council on an ongoing basis. The Council will nominate a shortlist of the highest placed applicants and tenants from appropriate waiting lists.
The Move-On Strategy
1.26 The Move-On Strategy is a partnership between the City & County of Swansea, local Housing Associations and various statutory and voluntary agencies in the City.
1.27 The Strategy aims to assist people who are ready to move-on to their own accommodation, from temporary or supported accommodation by finding appropriate accommodation and support.
1.28 The Council will award housing needs points to applicants accepted onto the Move-On Strategy in accordance with this policy.
ADAPT Project
1.29 ADAPT aims to simplify the process for accessing adapted accommodation and to ensure that existing adapted accommodation across the City and County of Swansea is put to best use.
1.30 Physically disabled people who require high level adaptations in their accommodation will be referred to the ADAPT register.
1.31 Applicants suitable for ADAPT will be identified from appropriate medical evidence on the application form for housing.
1.32 Under the ADAPT scheme, the Council will identify properties that are wheelchair accessible, or have received high level adaptations. Such properties will be removed from the normal allocations process.
1.33 ADAPT Applicants will then be matched to a single list of suitable properties from the Council and partner Housing Associations.
Mutual Exchange
1.34 The Council will maintain an online register of tenants wishing to exchange homes, and will ensure that tenants have access to the register.
1.35 The Council will ensure that information about the right to exchange, and procedures for seeking exchange partners and applying for the Council’s consent to exchange is publicised. This will be achieved in a variety of ways, including posters at Offices, articles in “Open House”, and information on tenant transfer application forms.
1.36 The Council will not refuse an application for exchange unless:
• The tenant or assignee is obliged to give up possession under a court order • Proceedings have been commenced for possession against the tenant or assignee or a notice of seeking possession has been served • The accommodation is substantially more extensive than is reasonably required by the assignee • The extent of the accommodation is not suitable to the assignee and their family • The accommodation was let to the tenant in consequence of employment related to non-housing purposes e.g school caretaker houses, park-keeper houses etc • There is conflict with the purposes of a charity landlord • The property has been adapted for a disabled person and there is no disabled person who will, in future utilise the adaptations • There is conflict with the purposes of a specialist housing association or trust • The accommodation is sheltered accommodation • The assignee refuses to become a member of the tenant’s housing association which is managing the property
In addition, the landlord is entitled to require payment of any rent arrears or the remedying of any breach of tenancy condition before consent to exchange is given.
Emergency Situations and Meeting Strategic Aims
1.37 There may be occasions when the Council needs to withdraw properties from allocations under this Policy, or move people from their homes (ie “decants”) for exceptional reasons e.g. major repair programmes, to meet strategic priorities or following disaster or emergency.
1.38 In these cases, the Council reserves the right to withdraw suitable properties from the allocation scheme.
Monitoring and Review of the Policy
1.39 The Allocations Policy will be subject to review from time to time, particularly in response to significant changes to legislation and/or housing market conditions and or other local circumstances.
Section 2
The Application process
The application process
2.0 Subject to the details of this Policy, anyone who is aged 16 or above and who is an eligible person (as defined in Section 3) can apply for housing.
2.1 All applications for housing or tenant transfer must be made in writing on the application form provided by the Council.
2.2 Free and confidential advice will be made available for people who may have difficulty making an application.
2.3 All applications will be assessed to determine whether the applicant or tenant is eligible for an allocation in accordance with Section 3 of this policy.
2.4 All eligible households will be assessed in accordance with the Council’s housing need points system outlined in Section 4 of this policy.
2.5 Applicants and Tenants will be registered on the Council’s waiting list following completion of the assessment of housing need. Applicants and tenants will be registered for a property type and size in accordance with Section 5 of this policy.
Choice for applicants and tenants
2.6 The Council is keen to maximise choice for applicants and tenants applying for housing or transfer. The Council has 89 designated rehousing areas within the City and County. Applicants can choose to be registered for any of these 89 areas and there is no limit on the areas an applicant can choose to register for.
2.7 Households accepted as unintentionally homeless and in priority need will be registered for a reasonable selection of areas as determined by the Council. The Council will give consideration to the household size, the type of accommodation required, any support issues and the availability of accommodation in the City and County of Swansea at the time.
2.8 Information regarding the choice of properties available in each rehousing area and average waiting times can be obtained from the Council’s Housing Options Service.
2.9 Tenants awarded points for high or medium social or welfare circumstances under section 4D will be registered for a reasonable selection of areas as determined by the Council. The Council will give
consideration to the household size, the type of accommodation required, any support issues and the availability of accommodation in the City and County of Swansea at the time.
Notification and how the Council will communicate with households applying for housing
2.10 The Council will confirm receipt of an application for housing.
2.11 The Council will notify households if a decision is made that the household is not eligible for an allocation.
2.12 The Council will notify households if additional information or supporting evidence is required.
2.13 The Council will provide households with confirmation of housing need points awarded.
2.14 The Council will communicate by telephone, in writing or where the household has indicated a preference, by text message.
False, misleading or non disclosure of information
2.15 The Council reserves the right to refuse or cancel any application, which it considers to be based on false or misleading information.
2.16 The Council will seek possession of any tenancy that it considers to have been granted on the basis of false or misleading information, or the withholding of relevant information.
Applications from households with no local connection to the City and County of Swansea
2.17 Applications from households who have no Local Connection with the City and County of Swansea area will be accepted onto the Council waiting list (provided the household contains eligible persons as set out at 3.0 below), but will normally have their housing need points reduced to 0.
2.18 Local Connection is defined in s.199 of the Housing Act 1996 as a connection which the applicant has with an area because:
• He or she is, or was in the past, normally resident there, and that residence was of his or her own choice (residence is defined as “at least 6 months out of the previous 12 months or for not less than 3 years during the previous 5 year period”).
• He or she is employed there (i.e. the applicant actually works in the area rather than that the area is the site of his or her employers’ head office).
• Of family associations which normally arise when an applicant or member of the household has parents, adult children or brothers or sisters who have been resident in the area for a period of at least 5 years at the date of application and the applicant indicates a wish to be near them. Only in exceptional circumstances would the residence of relatives other than those listed above be taken to establish a local connection. The residence of children in another authority from that of their parents cannot be taken to be residence of their own choice and therefore does not constitute a local connection.
• Of any special circumstances (e.g. the need to be near special medical or support services which are available only in a particular area).
2.19 In assessing whether an applicant’s household has a local connection with an area, the Council will also consider whether any person who might reasonably be expected to live with the applicant has such a connection.
2.20 Applicants subject to Multi Agency Public Protection Panel arrangements or witness protection programmes may be exempt from a no local connection points reduction.
Application from vulnerable people
2.21 The Council will ensure that an assessment of support needs is undertaken as part of the assessment of housing circumstances and if appropriate a referral for tenancy support services is made.
2.22 The Council will make arrangements for decisions and assessments to be explained in person on request, or where it is apparent that the applicant or tenant may have difficulty in understanding the reasoning behind or implications of any decision made by the Council in relation to this policy.
Applications from people experiencing domestic abuse
2.23 The Council is committed to ensuring that all customers can access services easily and on equal terms. Domestic abuse often has consequences for the housing situation of those affected and the Council will ensure that all staff adopt a common approach to giving advice, guidance and assistance to customers experiencing domestic abuse.
2.24 Safety and confidentiality are paramount. The Council will only involve other agencies or divulge information to a third party with the consent of the person, unless required to do so by law or unless that information is necessary for the protection of people at risk.
Applications from 16 and 17 year olds
2.25 The Council operates an ‘Equitable Tenancy’ scheme which, in certain circumstances, allows people aged 16 and 17 to be housed with the Council.
2.26 The tenancy will automatically become a secure tenancy when the applicant reaches the age of 18, providing the person does not become ineligible for an allocation in the interim.
Applications from households accepted by the authority as unintentionally homeless and in priority need
2.27 If the council has accepted a duty to provide permanent accommodation for a household under homelessness legislation (i.e. if a household has been accepted as priority need and unintentionally homeless) then that household will be awarded housing need points in accordance with this policy, will be registered for suitable property types and will be provided with a reasonable choice of areas.
2.28 The applicant will receive one suitable offer of accommodation. If this offer is refused then the Council will have discharged its duty. Should this happen, points will be reduced in accordance with this policy.
2.29 The household will be registered for areas of their choice and may receive a further 3 offers of accommodation in accordance with this Allocations Policy (see 5.3 below)
Applications from employees of the Council
2.30 Employees of the Council are entitled to apply for housing however any offer of accommodation will be subject to approval by the Head of Housing.
Section 3
Eligibility for an allocation
3.0 The Council can not allocate housing to anyone (or jointly with someone) who is not an eligible person. The following persons are not, for the purpose of this policy, considered as eligible for Council housing or for nomination to a Housing Association:
• Persons from abroad who are subject to immigration control within the meaning of the Asylum and Immigration Act 1996 and prescribed by the National Assembly of Wales as not eligible for an allocation or who do not satisfy habitual resident requirements as detailed in the Code of Guidance on allocations and homelessness
• Applicants, or members of their household included in their application, whose unacceptable behaviour is serious enough to make him/her unsuitable to be a tenant
3.1 In accordance with the Homelessness Act 2002, the Council will only deem an applicant not eligible for an allocation on the grounds of unacceptable behaviour if, at the time of application:
• It is satisfied that the applicant (or a member of his/her household) is guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant;
• and that the applicant’s circumstances and behaviour at the time of their application have not changed and improved since the unacceptable behaviour occurred. Either Anti Social Behaviour or serious arrears of rent can constitute unacceptable behaviour;
• and it is satisfied that the unacceptable behaviour or arrears of rent would have been serious enough, if the household had held a social housing tenancy, to have led to the housing authority being granted an outright possession order (not a suspended or postponed order) under s84 of the Housing Act 1985 in relation to any of the discretionary grounds in Part 1 of Schedule 2, (including rent arrears and nuisance) other than Ground 8.
3.2 Applicants, or members of their household included in the application, whose unacceptable behaviour is serious enough to make him/her unsuitable to be a tenant will be excluded for a reasonable period proportional to the behaviour. The Council will advise such households to re-apply for rehousing when their circumstances change.
3.3 If it can be established that a household has been guilty of unacceptable behaviour after they have been accepted as eligible for an allocation, the Council will review their eligibility and may make a decision that the household is no longer eligible for an allocation.
3.4 In some cases where an applicant has accrued former tenant arrears from a previous tenancy with any social landlord, this may be considered as unacceptable behaviour by the Council. Any applicants with former tenant arrears may have their case reviewed by the Council. Following a review, a decision will be made about whether they can be placed on the housing register, taking all relevant circumstances at the time of their application into account. All decisions will be subject to the provisions outlined in Section 6 of this Policy, Appeals, Reviews and Complaints.
Section 4
The Points System
4.0 Applicants and Tenants will be awarded housing need points where they are able to demonstrate that they meet the appropriate criteria in either their permanent or temporary home.
Applicants and Tenants may be subject to point reductions as outlined in 4G.
4A TEMPORARY OR INSECURE HOUSING
Households awarded points under 4A will not be entitled to points under the following sections
Section 4B (except where stated) Section 4D - High and Medium Section 4D - Housing Benefit shortfall points.
Tenants and Applicants Homeless or threatened with homelessness, in 150 priority need and not intentionally homeless Accepted by the Move On Strategy 130 Non-priority homeless or in non-permanent 90 accommodation and not intentionally homeless Residents in long stay hospitals, Council care or 130 a Nursing Home Licensee required to leave (entitled to points 50 under Section 4b) Licensee (entitled to points under Section 4b) 20 Intentionally homeless ( priority and non priority) 50
Homeless where duty has been discharged 90 Retiring employee in tied accommodation 150
4B OVERCROWDED , UNSATISFACTORY HOUSING CONDITIONS OVERCROWDING Tenants and Applicants Lacking 1 bedspace 25 Lacking 2 bedspaces 50 Lacking 3 bedspaces 75 Lacking 4 bedspaces 100 Lacking 5 bedspaces or more 125 Sharing facilities with non-immediate family. If the 30 applicant is the tenant or owner occupier they will not qualify under this section. Gender overcrowding where the oldest child is 20 aged 7-9 Gender overcrowding where the oldest child is 10 40 or over Where an individual has overnight contact or 50% of the overcrowding custody of a child/children for 3 nights per week and / or gender (but less than 50% of the week). overcrowding points will be awarded.
UNSATISFACTORY HOUSING CONDITIONS Tenants and Applicants Children or people aged 60+ in a mobile home, 40 caravan or converted vehicle Families with children under 16 who live above 20 the 2nd floor Children in non-secure or temporary 5 per child accommodation Bedsit accommodation where the tenant or 20 points applicant has overnight access to or custody of a child / children
UNSANITARY AND OTHER Applicants UNSATISFACTORY HOUSING CONDITIONS
Points will be awarded where the following is 20 points for each facility lacking in the applicants current home or in the lacking or defective up to opinion of the Council the property lacks or a maximum of 60 points. suffers from the following defects. Both a bath and a shower Wash hand basin with supply of hot and cold water Internal toilet Kitchen Kitchen sink with supply of hot and cold water A supply of both electricity and gas An adequate heating system Adequate drainage Adequate provision for ventilation/lighting Where there is serious dampness
Prohibition Order to stop part of a property being 80 used, which is normally in everyday use.
Emergency Notice or Order which is used for a 120 very serious hazard. An emergency order will stop the use of the property with immediate effect.
4C MEDICAL
Points will be awarded if an applicant’s medical circumstances are made worse by their current housing circumstances and would be improved by a move to more suitable, alternative accommodation, Applicants and tenants will be entitled to either a general award of 50 points or 150 points for a severe medical need.
Tenants and Applicants
• Needs wheelchair accommodation Single award of 50 points • Needs ground floor, level access or lift access • Needs an additional bedroom for a carer • Needs a ground floor bathroom • Miscellaneous or cumulative medical need
Severe medical need where a current medical 150 condition means that an urgent response is required by the Council.
4D SOCIAL OR WELFARE Tenants High Exceptional social circumstances 500
Where the eligible tenants households health and safety would be imminently jeopardised by the continuing occupation of their current home, e.g. severe violence / harassment from outside of the home. A high level of proof will be required, for example documentation from the Police Authority.
Tenants and Applicants Medium 135 Where the applicant or tenant can demonstrate particularly urgent social circumstances that require an urgent response from the Council which would be eased by rehousing. OR
3 or more of the Social or Welfare categories from the “Low” list below:
Low Maximum of 2 categories awarded from the 40 (to a maximum of 80 following list: points) • Need to move to be near work • Need to move to give or receive support • Need to move or stay close to a special school or facility • Leaving HM Forces (but not statutorily homeless) • In need of sheltered accommodation • Need to leave/remain in a specific area • Need for settled accommodation on welfare grounds • Miscellaneous social need
(NB The award of points under these categories is subject to detailed assessment and guidance notes for officers on when it is appropriate to award such points) Applicants Housing Benefit Shortfall of 5-10% (where there is no earned income) 20 points Housing Benefit Shortfall of over 10% (where there is no earned income) 40 points
4E TENANTS WHO WANT TO MOVE
Council Tenants Tenancy Management where tenants occupying 500 Council accommodation are entitled to be awarded the tenancy under the Tenancy Management policy.
Council and Housing Association Tenants Downsizing from house to flat (or downsizing to any other property type the applicant is entitled to 75 points per bedroom under this policy)
Where in the opinion of the Council it would be 150 beneficial to acquire a particular property (for example ground floor, adapted, or family sized accommodation), and the transferring tenant is happy to move to an alternative property which they are entitled to under this Policy (eg smaller, lower demand, non adapted), points can be awarded under this category.
(NB The award of these points is subject to guidance notes developed to support this policy, which details those properties which are deemed beneficial having particular regard to the Council’s Housing Strategy) NB For tenants of housing association properties awarded points under this category, the HA property that becomes vacant will be let through the nominations agreement.
4F TIME SPENT IN HOUSING NEED Tenants and Applicants Time Points Tenants will receive 10 points for each year from the date of their current tenancy up to a maximum of 80 points. Applicants will receive 10 points for each year on the waiting list from the date of their application up to a maximum of 80 points.
4G SANCTIONS and POINT REDUCTIONS Contrived, where households have Points under 4A and 4B will be left accommodation which they could reduced to a maximum of 50. have continued to occupy and where Medical, Social and Welfare and Time it was reasonable for them to Points awards will apply, if continue to do so. appropriate. Where an applicant has no local Points will be reduced to 0 connection with the City and County of Swansea. Disabled Adaptations where the If the property has had major applicant is a social housing tenant or adaptations (see Appendix 1) during has received a Local Authority grant. the last 2 years, points will be reduced to 0 unless there has been a considerable change in circumstances which makes their current home unsuitable. Economic Circumstances If an applicant and his/her spouse/partner have gross assets income or savings sufficient to purchase an average priced property in the private housing market, points will be reduced to 0. • An average priced property will be defined by referring to HM Land Registry’s average price for a terraced property within the City and County of Swansea at the beginning
of each financial year.
• An applicant and his/her spouse/partner will only be treated as having income large enough to secure a mortgage if they have income that would enable them to secure a mortgage on a average priced property on a 3 x total income basis. Economic Circumstances for If an applicant and his/her applicants or tenants needing spouse/partner are awarded housing Sheltered Housing need points for needing sheltered housing, points will not be deducted unless their gross assets, income or savings would enable them to purchase a suitable sheltered property.
The cost of purchasing suitable sheltered housing in the private sector will be determined on a case by case basis by assessing the housing market at the time of application. The assessment will also consider the following factors:
• The applicants need to live in a specific location. • The applicants need for additional bed spaces.
Supporting information
4.1 The Council will award housing need points based on the information provided on the application form for housing.
4.2 The Council may request supporting information or evidence before finalising an assessment.
4.3 The Council may also need to conduct a home visit in order to check circumstances and housing conditions.
Section 5 –
The Allocation of Housing
Offering accommodation
5.0 Accommodation owned and managed by the Council will be offered to the applicant or tenant with the greatest number of housing need points for the specific area and property type, at the time that the property is ready to be allocated.
5.1 Applicants must be able to sustain a tenancy or have an appropriate support package in place.
5.2 Where the highest pointed applicant or tenant refuses an offer, the property will be offered to the applicant or tenant with the next highest points score for the specific area and property type.
Number of offers
5.3 Applicants and tenants will receive a maximum of 3 ‘reasonable’ offers of accommodation from either the Local Authority or via a Housing Association as part of the nominations scheme. Following 3 refusals, applications will be cancelled and households will need to reapply.
5.4 On reapplication, applications will be valid from the date of receipt of the new application. Previous application dates will not be valid.
Reasonable offer
5.5 A ‘reasonable’ offer must, in the opinion of the Council, meet the applicant or tenants needs in terms of the type and size of property. The property must also meet current minimum lettings standard. The Council may offer cleaning and decoration vouchers in order to ensure that the offer of accommodation meets minimum lettings standards. A property which has a cleaning and decoration voucher assigned to it when offered to a household will usually be treated as a ‘reasonable’ offer of accommodation.
5.6 Households accepted as unintentionally homeless and in priority need will receive 1 ‘suitable’ offer of accommodation as defined by Housing Act 1996 part VII s210. If this offer is refused then the Council will have discharged its duty. Should this happen, points will be reduced in accordance with this policy. The household will be registered for areas of their choice and may receive a further 3 ‘reasonable’ offers of accommodation in accordance with this Allocations Policy.
Community connection
5.7 When more than one household is the highest pointed on the waiting list for a specific property, the allocation will be made to the household with the strongest connection to the ‘rehousing area’ in which the property is located.
5.8 A community connection is defined as an area in which the applicant their parents or children, have lived for longer than 12 months within the last 5 years.
5.9 Should none of the highest pointed households have a community connection the allocation will be made to the highest pointed household with the earliest application date.
5.10 Community Connection is distinct from local connection. Local connection is defined at 2.18
Transferring tenants
5.11 Tenants will be permitted to transfer to alternative accommodation if the following transfer standard is met:
• The property is in a clean condition and satisfactory state of decoration
• The property shows no signs of damage caused by the tenant, members of their household or visitors to their home
• Any garden is reasonably cultivated and free from rubbish and/or overgrowth
• There is a clear rent account
5.12 Tenants will be exempt from the above criteria in the following circumstances
• Disabled or vulnerable tenants who live alone
• Current tenants who have been awarded points for high or medium social or welfare circumstances under section 4D
• The Council will have the discretion to waive the transfer standard
5.13 Tenants who are in line for an allocation but who do not meet the transfer standard will be contacted by the Council and an opportunity to address any issues will be provided, depending on the circumstances.
The size and type of accommodation to be offered
5.14 The Council will decide, after taking into account the household size, age, composition and circumstances, the size and type of accommodation that the applicant or tenant will be registered for.
5.15 General letting principles:
A single person (16 or over) will be registered for a studio flat or a one bedroom flat
• A couple will be registered for a one bedroom flat
A child (16 or over) who forms part of a wider application will be deemed to need their own separate bedroom.
Children under the age of 16 of the same sex will be able to share a bedroom.
Children of different sexes will be able to share a bedroom until the age of 7.
A household with five or more children needs four bedrooms.
Households with children under 16
5.16 All families with children aged below 16 years who live with them for at least 50% of the time will, where there is confirmation, be registered for houses or flats.
Households with children 16 and over
5.17 Households where all children are over 16 years of age will be registered for flats. However in the following circumstances, this policy will allow an offer of a property other than a flat:
• Where the property is available on general offer
• Where the applicant or tenant has an independently proven need to live in an area and there are no suitable sized flats in that area
• Where there are no suitably sized properties in any area
Households with contact with children
5.18 Households who have contact with a child or children for less than 50% of the week will be registered for a flat.
5.19 Households who have contact with a child or children for less than 50% of the week will be registered for the additional number of bedrooms that the household requires, depending on individual circumstances.
Medical circumstances
5.20 Where there is overriding medical need, the Council will register households for up to one additional bedroom, for example for a carer, above the standards set out at 5.14 of this policy.
5.21 Ground floor properties in sheltered complexes which do not have lifts will be offered to existing tenants within that sheltered complex who currently occupy accommodation at first floor level or above, providing they have medical points for needing ground floor accommodation.
5.22 Tenants over the age of 60, underoccupying accommodation in a flat or sheltered complex that is unsuitable for their needs on medical grounds will be allowed to register for a transfer to a property of a similar size (even if this means that they will continue to under-occupy), if a more suitable property becomes available in the same sheltered complex or block. Such a transfer would be subject to the provisions in 5.10 and 5.11.
Ground floor flats
5.23 All ground floor flats will be offered to the highest pointed elderly household (over 60), household containing children or household with a need for ground floor accommodation on medical grounds.
Tenants with lodgers
5.24 Current tenants who have lodgers residing in their property will not be allowed to transfer to alternative accommodation if such a move would create overcrowding, unless:
• The tenant has clearly indicated to the Councils satisfaction that the lodger is to become a permanent member of their family, or
• The tenant has confirmed that the lodger will leave when they transfer
Under occupation / Overcrowding
5.25 Both the Council and Housing Associations aim to make effective use of their housing stock. To this end, support and other appropriate assistance, including the award of additional points, may be offered to tenants who are under-occupying their homes and who wish to move, to encourage moves to more suitable, smaller sized accommodation.
5.26 Provided it will not constitute statutory overcrowding and should the applicant agree, in certain circumstances the Council will allow a household to overcrowd a property. Tenants will be entitled to housing need points should they subsequently re apply for a transfer.
5.27 Where a tenant is under occupying Council or Housing Association accommodation, the Council may allow them to register for accommodation that would result in under occupation.
Accepting an offer of accommodation
5.28 Where an eligible applicant or tenant accepts an offer of accommodation, an offer of an unconditional secure tenancy will be made except in the instances listed below:
• Applicants or tenants aged 16 or 17 will be offered equitable tenancies until they reach the age of 18.
• Applicants or tenants who own property will be excepted to sign a statement to the effect that they will occupy the Council property as their sole residence, that they will not derive any income from the property they own and will inform the Council should the property be sold or otherwise disposed of.
Sensitive Lettings
5.29 Where the Council is able to demonstrate that an allocation to the highest pointed household would have a detrimental effect on the area where the vacancy exists, the property may be allocated to the next highest pointed household on the waiting list.
Lettings Standard
5.30 The Council has a minimum lettings standard and should a property not meet the current minimum lettings standard, households may be entitled to a cleaning and redecoration allowance. The property will then be deemed to have met the minimum letting standard.
5.31 A summary of the current minimum lettings standard is available from the Council
Retiring Employees of the City & County of Swansea
5.32 Retiring employees in tied accommodation who have been in post pre 6th November 1992 will be offered accommodation in line with their existing accommodation. For those retiring employees who have been in post since 6th November 1992, the letting principles which form part of this Allocations Policy will apply.
Readily available properties and general offers
5.33 Some areas may be designated as ‘readily available’ if one or more of the following criteria are met:
• The area has a high turnover of properties
• Waiting lists are short or non existent
• The area has a high number of voids
5.34 If a property in a Readily Available area has been refused on 3 occasions, the property may be let on a ‘First Come’ basis and also to underoccupy if required
5.34 If a property is not located in a Readily Available area but has been refused on 5 occasions, the property may be let on a ‘First Come’ basis and also to underoccupy if required
Section 6
Appeals, Reviews and Complaints
Appeals and the review process
6.0 All tenants who have applied for a transfer or applicants who have applied for housing will have the right to appeal against decisions made by Officers of the Council with regard to their applications.
6.1 An applicant has the right to a review of any decision made under this policy, in relation to the following matters:
• About the facts of their case and their points assessment.
• If they have been found not eligible for an allocation due to their immigration status or unacceptable behaviour and the grounds for that decision.
• An offer of suitable accommodation to discharge homelessness duty.
• Any decision to cancel an application.
6.2 Any appeal must be made within 28 days of the date of the decision or assessment.
6.3 All appeals must be in person or in writing to the Service Manager, Housing Options, 17 High Street, Swansea SA1 1LF outlining the reasons for requesting the review. Requests for review can also include any supporting evidence or information to help the case.
6.4 The formal review under this policy will be carried out by a Senior or Principal Officer based at the Council’s Housing Options Service who was not previously involved in the application or assessment.
6.5 Applicants will be informed in writing of the decision on review and the grounds for that decision. The Council will complete the review process within 8 weeks.
Complaints
6.6 The operation of this policy is subject to the Council Corporate Complaints Policy. Details of the policy are available at any Council office or at www.swansea.gov.uk
Appendix 1 ADAPTATIONS FOR THE CHRONICALLY SICK OR DISABLED MINOR AND MAJOR ADAPTATIONS (Examples) Minor Adaptations Major Adaptations Lever taps Ramp Repositioning of sockets Level access showers Handrails Extensions Grabrails Structural alterations Mountcastle silent bell Hoists and tracking Painting edge of steps Medi bath Low level bath Vertical lifts Small ramps Re-site radiator Canada thresholds Widen door frames Shower seats Overbath shower Stairlift Widen pathway
Item No. 10 (E) (1)
Report of the Cabinet Member for Social Services
Council – 26th February 2009
CHOICE OF ACCOMMODATION POLICY
Summary
Purpose: This report describes the policy, attached as an appendix, that is required to provide a framework for the appropriate discharge planning and safe transfer of patients from Abertawe Bro Morgannwg (ABM) University NHS Trust hospitals.
Policy Framework: Health, Social Care and Well Being Strategy.
Reason for Decision: To ensure that an appropriate policy is in place to address the Welsh Assembly Government guidance on the National Assistance Act 1948 (Choice of Accommodation) Directions 1993.
Consultation: Legal and Finance Services.
Recommendation(s): That the Choice of Accommodation policy is approved as outlined in this report.
1. INTRODUCTION
1.1 The Welsh Assembly Government through its Guidance on the National Assistance Act 1948: (Choice of Accommodation) Directions 1993, requires that NHS Trusts and Local Authorities should have clear policy guidelines about how they will address the situation of individuals who refuse to make choices in relation to their ongoing care once they are fit to leave hospital.
1.2 The Choice of Accommodation Policy was initially produced by the Bro- Morgannwg NHS Trust Joint Strategic Discharge Planning Group. Following the reorganisation of NHS Trusts the document was then shared with Swansea Local Health Board and the City and County of Swansea for their consideration.
2. CURRENT SITUATION
2.1 The current policy regarding the choice of accommodation does not include issues relating to the Mental Capacity Act 2005. In addition with the recent merger of the NHS Trusts it is important that there is a consistent approach for all relevant hospitals.
2.2 At present there are some delays in hospital discharges as a result of patients not making choices in a timely manner. The implementation of the policy seeks to reduce the delays that occur and to provide clear processes for patients and their families. In so doing the policy does not authorise the forcible removal of a patient.
3. PROPOSAL
3.1 The aim of this policy is to recognise the right of a patient to be cared for in the setting which is most appropriate to meet their assessed needs and which takes into reasonable account their preferred choice of accommodation in a manner which recognises the rights of the individual patient under the National Assistance Act 1948 (Choice of Accommodation) Directions 1993. In addition it is necessary to consider the right of every individual to be treated in accordance with the Human Rights Act and the Articles of the Human Rights Convention.
3.2 The overall aim of the policy will be to reduce the length of time a patient has to wait in an acute hospital bed prior to transferring to a more appropriate environment. Following the outcome of the multidisciplinary assessment, where it is indicated that care in a nursing or residential home is the most appropriate placement, the patient and the carers will be assisted and supported to choose a suitable and available home of their choice. However, where a bed in the home of choice is not available within a reasonable timescale, transitional arrangements may need to be put in place to meet the patient’s needs on a temporary basis.
3.3 This policy will be used to assist with decision making for any individual within the ABM University NHS Trust who has been assessed, in accordance with the principles of the Mental Capacity Act (section 1 MCA) to have capacity to make a decision about his/her discharge to a placement in a residential or nursing care setting. It will also apply to any individual whose primary need is a health need and who has been assessed as eligible for continuing health care funding, where the individual has capacity to make a decision about his/her discharge to a placement in a nursing care setting.
3.4 It is recognised by the Strategic Discharge Planning Group that there continues to be some concern about the appropriate application of this policy to continuing health care patients. Particular emphasis will be given to the review of this element of the policy during the first three months of its implementation and any necessary amendments made as a result. This policy will not be applied to patients who are appealing against an NHS Continuing Health Care decision.
3.5 The policy sets out a process with clear timescales to support the multi- disciplinary team in planning an appropriate and timely discharge to the home of choice, or transfer to a transitional placement in a care home that can meet the patient’s needs whilst waiting for the home of choice to become available.
3.6 The process contained within the policy allows for a number of stages depending on how proactive the patient and his/her family are in making their choice of home(s). The approach is a supportive one aimed at reaching agreement with the patient and his/her family on the move to a home of the patients’ choice or a transitional placement. If however, such agreement cannot be reached then ABM University Trust will consider what further action it will take after considering legal advice.
4. FINANCIAL IMPLICATIONS
4.1 Paragraph 9.5 of the Choice of Accommodation Policy requires a small change in the current Social Services contracting arrangements. Normally, if a Care Home’s fee is more than the Council would usually pay, a third party contribution is required to pay the difference – i.e. it is not met by the Council. Paragraph 9.5 indicates that for placements in transitional homes, even where the fee is higher than the usual rate, the Council would be responsible for the full cost and no third party would be required, at least for the initial period of up to twelve weeks. This removes an additional financial disincentive for a patient to agree to such a move.
4.2 Whilst it is the case that there will be a small change to the current Social Services contracting arrangements this will not have a significant impact from a financial perspective. The proposed arrangements will need to be managed within the existing budget.
5. LEGAL IMPLICATIONS
5.1 It is necessary to ensure that appropriate guidance is available to address the National Assistance Act 1948 (Choice of Accommodation) Direction 1993. The Choice of Accommodation Policy ensures that such a requirement is addressed.
6. RECOMMENDATION
6.1 That the Choice of Accommodation Policy is approved as outlined in this report.
BACKGROUND PAPERS Passing the Baton; A Practical Guide to effective discharge planning.
2005 Mental Capacity Act Code of Practice.
Contact Officer: Chris Maggs Corporate Director (Social Services) 01792 636249 cm91017 Legal Officer Janet Hooper
APPENDIX
Abertawe Bro Morgannwg University NHS Trust, Neath Port Talbot, Bridgend, Vale of Glamorgan Swansea Local Authorities and Local Health Boards.
Choice of Accommodation Policy
Date Revised: November 2008
CONTENTS
Section One - Policy Guidance
1. Scope 3
2. Introduction 3
3. Aim 4
4. Delayed Transfer of Care Definition 4
5. Fundamental Principles 5
6. Patient Group 6
7. Communication 7
8. Key Steps in Discharge Planning Arrangements 8
9. Principles for the use of Transitional Care Homes 12
10. Complaints Procedure 13
Section Two – Discharge Planning Process Flow Charts 14
Section Three – Supporting the Discharge Patient Letters 15
Section Four – Summary of Choice of Accommodation Policy (To be completed)
Section One – Policy Guidance for Patients Who Have Been Assessed As Ready to Move to Their Next Place of Care
1. Scope
1.1 This policy has been written to address the needs of all patients whose future place of care from hospital, will be in a residential or nursing home setting. It does not apply to people whose care needs could be met in their own home. It therefore will encompass people who will be placed in residential or nursing home care and will be financially assisted by the Local Authority, in accordance with the National Assistance Act 1948 (Choice of Accommodation) Directions 1993; those whose future care will be funded by the Local Health Board; and those who will pay for their own future place of care.
1.2 This Policy can be applied to all patients, including those people have been deemed not to have capacity to make choices about their future place of care, in accordance with the principles of the Mental Capacity Act 2005. The principles of this policy should be applied when working with patients with or without capacity.
1.3 As outlined by WHC (2004) 54 NHS Responsibilities for meeting Continuing NHS Health Care needs: guidance 2004, the application of choice will not always be applicable to patients whose primary need is assessed as health. As stated and in accordance with the guidance, the view of the individual and their carers should be taken into account when making the decisions as to where care will be provided. In all cases the decision on the location of care will be taken in the context of the needs of, and risk of, the individual and their informal carer, the risk of staff and the availability of the appropriate services.
2. Introduction
2.1 The Policy sets out the process for the safe and permanent placement of patients in an appropriate care setting and in a manner which is commensurate with the rights of the individual patient under the National Assistance Act 1948 (Choice of Accommodation) Directions 1993 and the right for every individual to be treated in accordance with the Human Rights Act and the Articles of the Human Rights Convention. It requires careful consideration by the patient (or their LPA if applicable), their advocate and their family and/or carers. Obtaining good advice from health care and social care professionals is essential, to ensure that the process is done effectively and efficiently. As outlined in the WAG Guidance on the National Assistance Act 1948: (Choice of Accommodation) Directions 1993, “The Trusts and Local Authorities should have clear policy guidelines about how they will address the situation if individuals refuse to make choices”.
2.2 Social Services organisations have responsibility to fund the care of individuals whose care needs are incidental and ancillary to their health needs. Funding for such care is means tested and will depend on individuals’ circumstances. People whose primary care need is because of
their “health needs”, can when eligible be funded for their care by the Local Health Board. Other people's circumstances are such that they will fund their own care, however, they too need the support and advice of health and social care professionals to select the appropriate place for their future care, and this policy is intended to assist in that process.
2.3 Refusal to agree to a hospital discharge and/or to make a choice of accommodation is unlikely to prevent the discharge processes from proceeding and alternative solutions may have to be explored. Alternatively where a place in the particular home chosen by the patient is not currently available and is unlikely to be available in the near future, it will be necessary to assist people to identify a transitional care home as an interim measure until a place is available.
2.4 The principles and guidance of the Mental Capacity Act 2005 and the Code of Practice must be taken into account to determine in each case whether the patient has the capacity to make decisions about their future care arrangements and what support each patient may need in order to be able to do so. Where a patient does not have capacity then the requirements of the Act and the Code must be followed. Further information is provided at paragraphs 6.7 to 6.27 of this Policy.
2.5 This policy should in no circumstances be taken as authorising the forcible removal of a patient from a hospital bed to secure discharge from the hospital, as this may amount to an assault.
2.6 A patient with capacity may prefer to be represented by a family member or carer and a record should be made of the identity of the representative. Throughout this Policy reference to “the patient” therefore includes reference to the patient’s representative including, where the patient does not have capacity, the patient’s appropriate family member or carer or a person who holds an appropriate Lasting Power of Attorney or in certain circumstances an IMCA.
2.7 Each stage of the discharge planning process should be approached in a supportive atmosphere of mutual trust. The patient (or their LPA where applicable) and their family/carer/advocate should be offered explanations verbally and in writing, there should be counselling and further support throughout the process.
3. Aim
3.1 The aim of this policy is to recognise the right of a patient to be cared for in the setting which is most appropriate to meet their assessed needs and which takes into reasonable account their preferred choice of accommodation subject to certain conditions. It aims to reduce the length of time a patient has to wait in an acute hospital bed prior to transferring to a more appropriate environment. It is not in a patient’s interest to remain in an acute hospital setting after an episode of ill health and the patient has the right for his/her assessed needs to be met promptly where appropriate, whether by the Local Authority the NHS, or by assisting them, or their families, to arrange their future care. When a multidisciplinary assessment indicates that care in a nursing or residential
home is the most appropriate place to meet all the patient's care needs, the patient, their advocate, family and/or carers should be assisted and supported to choose a suitable and available home of their choice. It may not always be appropriate nor in their interest to remain in an acute hospital bed until such time as a bed in a particular home becomes available, and transitional arrangements may need to be agreed and arranged to meet the patient’s needs.
3.2 The NHS is under great pressure to only use hospital beds for those who need specific hospital services due to their physical or mental illness. If beds are occupied by people waiting for arrangements outside the hospital to be made to meet their assessed needs, including waiting for a place in a chosen home to become available, this effectively denies access to these hospital beds for people who need them.
3.3 Those responsible for arranging discharge care for patients, (nurses, discharge liaison nurses, doctors, therapists, and social workers), have the difficult task of finding the right balance between the rights of the patient and the often competing pressure to release a hospital bed. This policy is designed to offer guidance to support them and the patient through this process.
4. Delayed Transfer of Care Definition (Emergency Pressures Planning Guidance 2003-2004)
4.1 A delayed transfer of care is experienced by an inpatient occupying a speciality / significant facility bed in a hospital, whose needs are such that he/she is ready to move on to the next stage of care but is prevented from doing so by one or more reasons for delay in transfer of care. This will include a delay in discharge. The “next stage of care” covers all appropriate destinations within and out of the NHS (further inpatient episode, patient’s home, nursing home etc).
4.2 The date on which the patient is ready to move on to the next stage of care is the ready-for-transfer of care date, which is determined by the clinician responsible for the inpatient care, in consultation with the patient and those nominated by the patient, colleagues in the hospital multi- disciplinary health care team and all agencies involved in the Unified Assessment Process and in planning the patient’s transfer of care. Thus, following consultation with the patient, the patient is assessed as ready- for-transfer of care but the transfer of care is delayed, due to one or more:
• Health care reasons • Social care reasons • Patient/Carer/family-related reasons • Legal reasons
5. Fundamental Principles
5.1 As a general rule people should not be discharged directly from an acute episode of hospital care to a permanent placement in a care home.
Following active treatment the aim should be to assist the person to recover and rehabilitate to reach his or her full potential. This recovery and rehabilitation phase may take place at hospital, at home or in an intermediate care setting.
5.2 Permanent placement in a care home needs careful consideration by the patient, their advocates and carers as well as advice from health and social care professionals. This process is less likely to succeed where it is rushed with consequences both for the individual and health and social services. NHS and social care commissioners need to make provision for this phase when planning services. Local procedures will need to take account of the individual circumstances of service users, their families and their carers in agreeing time-scales for determining placement decisions. It is good practice for care coordinators to keep in regular contact with advocates and families to ensure that agreed time-scales are met and to keep people advised as to progress.
5.3 The impact and severity of the illness and personal circumstances may mean that there is no alternative but to move some people directly from hospital into a registered care setting. In this instance, individuals should not be placed at a disadvantage when it comes to exercising choice compared to those who move in to a care home from their own home.
5.4 Local policy on choice of accommodation should be firmly embedded in the transfer of care procedures and policies of Abertawe and Bro Morgannwg University NHS trust and Swansea. Neath Port Talbot, Bridgend and Vale of Glamorgan Local Authorities. The principles of this policy should be presented to individuals on admission to hospital, and the full policy should be available to those who require it. Addressing these issues at the earliest possible point in the patient care pathway will preclude the development of expectations regarding indefinite stays within an acute setting. It is not appropriate for people who are ready for discharge to occupy hospital beds indefinitely. Information should be given verbally to patients, and/or where appropriate their representative and reinforced by an admissions leaflet.
5.5 Consideration of the principles of the of the Mental Capacity Act and the Code of Conduct and the Protection of Vulnerable Adult Procedures must underpin the application of this Choice Policy
6. Patient Group
This policy applies to patients in the following circumstances, where:
6.1 Following a multidisciplinary assessment under the Unified Assessment Process, the Multidisciplinary Team (MDT) has identified and agreed that the patient requires Residential / Nursing Home care (self funded placement, social services contracted placement. As required by this process this decision will have been made in consultation with the patient (or their LPA), their advocate, family/ carer who have been provided with appropriate information, advice and support. The outcome of the assessment and the decision of the MDT have been fully documented in
the patient’s notes, and the personal plan of care indicates that need for rehabilitation or the patient being cared for at home has been discounted.
6.2 The patient is assessed as not having capacity to make the decision about their future place of care. See section on the Mental Capacity Act below, for actions and responsibilities in these circumstances.
6.3 The patient or their appropriate representative is having difficulty in identifying three homes of their choice within the timescale provided.
6.4 Patients or their representative who have identified three homes of their choice, at which there are no beds available.
6.5 The patient or their appropriate is unwilling for discharge to take place until a placement is available in any one of the three homes of their choice.
6.6 Where an alternative acceptable interim, or potentially long-term, placement exists which meets the patient’s assessed needs.
The Mental Capacity Act 2005
6.7 The Act (MCA) and the Code of Conduct should be considered in implementing this Policy in each case as may be appropriate. The MCA introduced important safeguards for people who lack capacity and the people who work with, support and care for them. In consequence any patient who is assessed to lack capacity should be placed at the heart of decision making and provided with appropriate support to enable the individual to make his/her own decisions where possible. If they are unable to do this, then the patient should be involved in the decision- making process as far as possible.
6.8 What is a lack of capacity:
• A person who lacks capacity means a person who lacks capacity to make a particular decision or take a particular action for themselves at the time the decision or action needs to be taken. • Some one can lack capacity to make some decisions for themselves at the same time as they have capacity to make other decisions.
6.9 A person is unable to make a decision for him or herself if he or she is unable to:
• understand the information relevant to the decision • retain that information • use and weigh that information as part of the process of making the decision, or • communicate his decision (whether by talking, using sign language or any other means)
6.10 The MCA and the Code determines:-
• how decisions should be made for people who are unable to make decisions for themselves;
• who should be consulted about decisions; • how the patient is to be protected when others are making decisions on their behalf.
The five principles which apply in all circumstances in relation to the implementation of this Policy are as follows:
• A person must be assumed to have capacity unless it is proved otherwise that he/she lacks capacity. This means that you cannot assume that someone cannot make a decision for themselves just because they have a particular medical condition or disability, or because they are of a particular age or appearance.
• A person is not to be treated as unable to make a decision unless all practicable steps to help him or her to do so have been taken without success. This means that you should make every effort to encourage and support the person to make the decision for himself/herself.
• People have the right to make what others might regard as unwise decisions. We cannot say because we think the decision is unwise that the person does not have the capacity to make the decision.
• Anything done for or on behalf of a person who lacks mental capacity must be done in their best interests.
• Anything done for, or on behalf off, people without capacity should be the least restrictive of their basic rights and freedoms. This means that when you do anything to or for a person who lacks capacity you must choose the option that is in their best interest and least restricts the person’s freedom and rights.
6.11 When helping patients make decisions in accordance with this policy you must ensure they have all the relevant information they need, that it is explained and presented in a way that is the easiest for them to understand, and that it is the best time of day for them and they feel at ease making that decision. You should consider whether there is a need to get the assistance of someone else who can help or support the person to understand information or make a choice, e.g. a relative friend or independent advocate.
6.12 You must ensure that everything has been done to help and support the person to make a decision, you must consider whether the decision needs to be made without delay, and if not consider whether it is possible to wait until the person does have capacity to make the decision for themselves.
6.13 Assessment for capacity must be “decision-specific” and that means that the assessment of capacity must be about the particular decision that has to be made by the patient about discharge and future care arrangements and their implementation at a particular time.
6.14 You would not normally make an assessment of capacity without
involving family, friends and/or carers or an Independent Mental Capacity Advocate (IMCA) if one has been appointed.
6.15 If a person has been assessed as lacking capacity then any action taken, or decision made for, or on behalf of that person must be made in his or her best interest.
6.16 The person who has made a decision is known as the “decision maker”. The “decision maker” is the person required to assess an individual’s capacity and will be the person who has the power to make the decision in respect of, or to act on behalf of the person in question. The “decision maker” will usually be the professional who is directly concerned with the person and responsible for making the discharge decision on their behalf.
6.17 In the context of a decision being made by a multi-disciplinary care team, it is not sufficient for the decision to be categorised as a “team decision”: The person who has professional accountability for a decision relating to an individual who may lack capacity must be identified and it is that person who must undertake the capacity assessment.
6.18 A formal capacity assessment should be undertaken in respect of any decision where the mental capacity of the person is disputed, or if there is a dispute over the discharge decision. If there is any doubt as to whether a person lacks capacity, this should be decided on the balance of probabilities. Prior to reaching a conclusion that a person lacks the capacity to make a particular decision, the “decision maker” must take all practical steps to help him or her to make the decision. Where the decision is a complex one relating to discharge, the ultimate decision is that of the potential decision maker and not the person who has been consulted to prepare a professional formal report."
6.19 The decision maker must in particular consider:
• the person's past and present wishes and feelings (in particular if they've been written down) • any beliefs and values (e.g. religious, cultural or moral) that would be likely to influence the decision in question in any other relevant factors.
6.20 The decision maker must consult with other people if it is appropriate to do so and take account of their views as to what would be in the best interests of the person especially:
• anyone previously named by the person lacking capacity as someone to be consulted • carers, close relatives or close friends or anyone else interested in the person’s welfare • an attorney appointed under a Lasting Power of Attorney • any deputy appointed by the Court of Protection to make decisions for the person.
6.21 Where there is no one who fits into any of the above categories the decision maker may in accordance with the requirements of the Act have to instruct an Independent Mental Capacity Advocate (IMCA) for decisions about discharge to a residential or nursing home in accordance
with Sections 38 and 39 of the MCA which should be referred to.
6.22 An IMCA is a specific type of advocate that will have to become involved if there are no family or friends who can be consulted. An IMCA will not be the decision maker, but the decision maker will have a duty to take into account the views of the IMCA. For the purposes of this Policy, an IMCA should be involved if:
• it is proposed that a person be moved into long-term care of more than 28 days in hospital or eight weeks in a care home • a long-term move (eight weeks or more) to different accommodation is being considered, for example to a different hospital or care home
6.23 Lasting Powers of Attorney (LPAs). Any adult is entitled to formally appoint someone to look after their health, welfare and/or financial decisions, if at some time in the future they lack the capacity to make these decisions for themselves.
6.24 There are two different types of LPA:
• a personal welfare LPA is for the decisions about both health and personal welfare • the property and affairs LPA is for the decisions about financial matters
Before an LPA can be used it must be registered with the Office of the Public Guardian; a personal welfare attorney will have no power to consent to or refuse treatment, at any time or about any matter when the person has the capacity to make the decision for him or herself.
6.25 If the patient lacks capacity and has created a personal welfare LPA, the attorney will be the decision maker on all matters relating to the person's care and treatment. The attorney must make these decisions in the best interests of the person lacking capacity and if there is a dispute that cannot be resolved e.g. between the attorney and a doctor it may have to be referred to the Court of Protection.
6.26 It is important to read the LPA if it is available to understand the extent of the attorney's power in so far as it relates to decisions as to discharge and future care arrangements. The LPA may specify limits to the attorney's authority to make personal welfare decisions.
6.27 An assessment of capacity may require the sharing of information amongst health and social care workers. If a person lacks capacity to consent to disclosure then you must consider whether it would be in their best interest to disclose the information. Only as much information as necessary should be divulged.
6.28 Where an attorney under a personal welfare LPA has been appointed they will determine if information can be disclosed and you must normally consult with them before sharing any information.
6.29 All decisions in respect of assessments of a person's capacity to make
particular decisions must be recorded in the relevant professional records.
Ordinarily Resident
6.30 The patient is from within the Swansea, Bridgend, Neath Port Talbot, or Vale of Glamorgan and will be placed within Abertawe Bro Morgannwg University NHS trust area. In the case of patients who were residing outside the catchment area before coming into hospital, and where their care is to be met by a social services organisation; the Social Services Authority where they are ordinarily resident will be responsible for assessing and arranging their care but may commission Swansea/ Bridgend/Neath Port Talbot/Vale of Glamorgan Social Services to assist with arrangements on their behalf.
6.31 When NHS nursing home care is required the care will be arranged by the Social Services Departments from where the person is ordinarily resident and by the LHB where the person is to be placed for their long- term NHS Funded Nursing Care. Where the person's needs are to be met under NHS Continuing Health Care, if the person is to be placed within the catchment areas of Swansea/ Neath Port Talbot/Bridgend/Vale of Glamorgan, then the respective LHB’s will be responsible for arranging and managing the placement in discussion with the Trust.
6.32 Patients from Swansea/ Bridgend/Neath Port Talbot/Vale of Glamorgan areas placed within neighbouring NHS Trusts, will be managed in line with the choice policies held by the Trust in which the patient is placed.
6.33 This policy should not be applied to patients who are appealing against an NHS Continuing Health Care decision; the Review and Appeal policy should be implemented in this case, and policies and procedures for staff to follow in such instances are outlined within the NHS Continuing Health Care guidance.
6.34 In the event of the patient’s condition changing or deteriorating significantly, the application of this process should be suspended and a reassessment should commence once the person is deemed medically fit for transfer of care by the clinician and the MDT Team. In the event of any change taking place which may affect the patient’s capacity to make this decision at any stage of the process, then this process will be suspended and the policy for a patient without capacity will be applied.
7. Communication
7.1 Discharge planning is an interdisciplinary/agency process that provides continuity of care from planning through to the patient’s discharge. The planning process should begin from admission to hospital but this will always be subject to the ability of the patient, their family and carer to participate in the process. Therefore consideration will first be given as to whether a patient has a primary health need requiring a multi
disciplinary assessment under the NHS Continuing Health Care policy and/or a decision as to whether the patient has capacity to make a decision about their future care, as per the definitions in the Mental Capacity Act, or if they may subsequently have capacity to make a decision about discharge.
7.2 Following that the process has five principles:
7.2.1 A comprehensive assessment under the Unified Assessment Process will be carried out; this will include due consideration of the person’s home circumstance, and the support required should that be the preferred place of discharge
7.2.2 The MDT, which will include social services, will be responsible for ensuring that there will be good communication throughout this process with all involved.
7.2.3 A continuing process of consultation with and support for the patient, with their family and/or carer throughout the discharge process so that informed decisions and choices can be made
7.2.4 Completion of an appropriate pathway and documentation identifying the discharge plan.
7.2.5 Appropriate and clear communication to other professionals involved in on-going care of the patient following discharge, as well as to the patients, their families and/or carers
7.3 Information
7.3.1 Patients (or their LPAs) their family and/or carers need information on the options open to them if they are to be able to exercise genuine choice. They should be given fair and balanced information with which to make the best choice of accommodation for them.
7.3.2 Where a patient's future place of care is to be funded by the Local Authority, the social services authority will explain to individuals their rights to funding and future financial support, and the implications in respect of charges for social care services. Social services organisations will provide information to people (or their LPAs), their family and carers in ways appropriate to their particular circumstances; and they will supply copies of the Directions on Choice guidance if requested, and in appropriate formats as required. This information will be provided and delivered in partnership with primary and secondary care providers.
7.3.3 There will be similar arrangements where funding is to be arranged by Local Health Boards (LHB’s), whereby the LHB will provide information on NHS Continuing Health Care funding and NHS Funded nursing home care.
7.3.4 The Trust will ensure in partnership with social services that patients (or their representative) who are responsible for funding
their own care will get access to the same information and advice in an appropriate and timely manner.
7.4 Patients (or their representative) should be told:
7.4.1 About the type of care they require and that they are free to choose any accommodation that is likely to meet their needs subject to the constraints of their different funding arrangements
7.4.2 Establish eligibility for future funded care
7.4.3 Patients’ contribution to their care, except NHS Continuing Health Care, will be subject to their agreement to a financial assessment. As part of the Unified Assessment Process, where a Local Authority will arrange a person's care, a financial assessment will be undertaken, which will determine the patient's contribution to their care costs.
7.4.4 That they may choose to allow the authority to assist with making placements on their behalf.
7.4.5 That if they are not funding their own care they may choose from a list of care home providers who are registered under the Care Standards Regulations.
7.5 Patients (or their representative) should also be told what will happen if their preferred accommodation is not available. Wherever possible, the patient representative should be encouraged to have a family/carer/or advocate present during the conversation. A written record of the conversation should be kept, in particular, recording any decision taken or preferences expressed by the patient. This record should be shared with the patient.
8. Key Steps in Discharge Planning Arrangements
8.1 Discharge planning should start on admission to hospital and an expected date of discharge (EDD) given. The patient (or their representative), will be given copies of:
8.1.1 The Supporting Discharge Information Leaflet, which contains advice regarding the discharge planning process, and the timescales and expectation of the patient or their representative covering the discharge process.
8.2 As appropriate, when the patient is medically stable and ready to be moved on to the next stage of care; and their capacity and primary health needs have been assessed and agreed, the patient (or their LPA) or their family/carer/advocate, in conjunction with the patient Supporting Discharge Information Leaflet, will be given:-
8.1.1 Letter One – Supporting Discharge from Hospital
8.3 The Unified Assessment Documentation, including any specialist assessments required, such as nursing and therapies, will be completed by the MDT and if the recommendation is for future care in the
residential or nursing home setting, the outcome of the assessment will be forwarded to the appropriate Local Health Board for funding approval (if appropriate), and/or to social service who will progress the appropriate contractual arrangements and secure funding. Where a person is privately funding their own future care, depending on their circumstances they or their representative will be assisted as required to arrange a placement by the appropriate members of the multidisciplinary team.
Stage One of the Process (Days 1 - 14):-
8.4 Following the Unified Assessment Process and where it is identified that the patient requires a 24-hour supportive care setting, both the patient and/or their representative must be approached by the ward staff responsible for the patients care, and where appropriate the social worker who will discuss the options available and the process to be followed. The ward staff responsible for the patients care will provide or facilitate the patient (or their representative) with copies of:
8.4.1 Letter Two – Supporting Discharge from Hospital
8.4.2 A list of local registered Residential and Nursing Care Homes which will meet the patients’ needs will be provided by the appropriate professional.
8.4.3 A summary of the Abertawe Bro Morgannwg University NHS trust’s Discharge Policy
8.5 The patient (or their representative) will be advised, where able, to visit a selection of Care Homes, and identify up to three homes that are suitable to meet their needs and provide for their future care. The patient (or their representative) should also be advised about how to get access to the Care and Social Services Inspectorate for Wales (CSSIW) & its relevant inspection reports. A timescale of 15 working days will be provided to the patient (or their representative) to visit and identify the homes of their choice.
8.6 In circumstances where a patient does not have a family or carer to support the selection process, the patient will be offered support or advocacy to help them, and a reasonable time frame will be agreed by the MDT and applied accordingly. If the patient does not have capacity to make a decision about their future place of care then the Mental Capacity Act and Code must be considered and in accordance with the requirement of the Mental Capacity Act an IMCA must be appointed to support the patient and in accordance with paragraphs 6.19 and 6.20 of this Policy.
8.7 Once up to three or more Care Homes have been identified, the homes should be ranked in order of preference by the patient (or their representative) but all choices should be pursued simultaneously by the DLN and/or Social Worker/or advocate for self funding patients as appropriate.
8.8 Where a nursing home placement is required the ward staff responsible for the patients care will complete the assessment for the NHS Funded Nursing Care contribution to their care, this is to ensure the NHS contribution for the nursing part of their care is agreed.
8.9 Where the patient is eligible for funding, and where it has been agreed, either jointly between the LHB and Social Services, or unilaterally by either organisation, and a discharge date to the home of choice has been confirmed for the patient to move within two to four weeks, the patient will continue to be cared for as an NHS patient in a hospital bed. This will not necessarily be the same bed whilst discharge is being expedited and will be subject to the Discharge Policy Guidelines.
8.10 If a discharge date to the home of choice has not been confirmed or it is likely that the patient will need to wait longer than 4 weeks for a bed to become available, the MDT will invite the patient (or their representative) to a meeting to discuss consider and agree an appropriate transitional care home that will meet the assessed needs of the patient.
8.11 If agreement is reached at the MDT meeting, the ward staff responsible for the patients care will follow Stage Four of the process and where applicable arrangements for the patient to be discharged to a transitional care home will be expedited.
8.12 If agreement is not reached with the patient (or their representative), the ward staff responsible for the patients care will follow Stage Five of the process, and the DLN should be notified. The DLN should, after discussing the case with the Consultant/MDT and Trust DToC Operational Group, brief, in writing, The Director of Nursing on the situation.
Stage Two of the Process (Days 14 - 21):-
8.13 If the MDT considers that the patient (or their representative) have not been proactive in identifying and choosing alternative care homes of their choice within the timescale provided, Letter Three – Supporting Discharge from Hospital will be given to the patient (or their representative). This letter should be hand delivered by the ward staff responsible for the patients care and the patient (or their representative) should be requested to sign on receiving it, and a copy placed in the patient’s medical notes. The DLN should be notified that Letter 3 has been given.
8.14 The ward staff responsible for the patients care should emphasise the urgent need for co-operation on this matter. Staff should also reinforce that it is not always appropriate for patient to remain in an acute hospital bed. In circumstances where a patient does not have a family or carer to support them, the patient will be offered support or advocacy. A further one week will be provided to the patient (or their representative) to identify and choose a care home of their choice.
8.15 The ward staff and discharge liaison nurse (DLN) responsible for the patients care and social worker or advocate should work closely with the patient (or their representative) from week two – week three to try and resolve the situation. If not already involved in the DLN should be
informed at this point about the discharge, if it is considered that the discharge is either complex or likely to become a dispute.
8.16 Details of the patients discharge status should be discussed in detail at the weekly Discharge Planning Group meeting and reported to the monthly DToC Operational Group if it looks unlikely to be resolved.
Stage Three of the Process (Days 21 – 28):-
8.17 When the extension of a further week for the patient (or their representative) to identify and choose a care home has been undertaken, and a discharge date has been confirmed for the patient to move into the preferred home of choice, within two weeks but less than four weeks, the patient will continue to be cared for in a hospital bed. Discharge will be expedited in accordance with the Discharge Policy Guidelines.
8.18 If a discharge date has not been confirmed and it is likely that the patient will need to wait longer than 4 weeks for a bed to become available in the preferred home of choice, the MDT will invite the patient (or their representative) to meet to discuss and agree an appropriate transitional care home that will meet the assessed needs of the patient. In circumstances where a patient does not have a family or carer to support them, the patient will be offered support or advocacy.
8.19 If agreement is reached by the patient (or their representative), the ward staff responsible for the patients care will follow Stage Four of the process and where appropriate arrangements for the patient to be discharged to a transitional care home will be expedited.
8.20 Where the patient (or their representative) have still not identified and chosen alternative preferred homes of choice, the MDT will invite the patient (or their representative) to meet to discuss and agree an appropriate transitional care home that will meet the assessed needs of the patient.
8.21 If agreement is reached by the patient (or their representative), the ward staff responsible for the patients care will follow Stage Four of the process and where appropriate arrangements for the patient to be discharged to a transitional care home will be expedited.
8.22 If agreement is not reached with the patient (or their representative), the ward staff responsible for the patients care will follow Stage Five of the process, and the DLN should be notified. The DLN should, after discussing the case with the Consultant/MDT and Trust DToC Operational Group, brief, in writing, The Director of Nursing on the situation.
Stage Four - If Agreement is Reached to Transfer the Patient to Transitional Care Home:-
8.23 Following consultation with the Director of Nursing, the Director should arrange for Letter Four – Supporting Discharge from Hospital, to be hand delivered by the ward staff responsible for the patients care and
the patient (or their representative) should be requested to sign on receiving it, and a copy placed in the patient’s medical notes.
8.24 Following the delivery of Letter Four, and where the patient (or their representative) has consented, ward staff should arrange transport for the patient to the agreed transitional care home for the agreed date. The aim will be to complete arrangements within a further 1 week.
8.25 A trust member of staff will be nominated to once again make the patient (or their representative), aware of their right to follow the Trust complaints procedure if desired.
8.26 One day prior to the agreed discharge date, the ward staff responsible for the patients care should ensure that all documentation is complete and that all stages of the process have been applied following the Policy. The DLN should be notified of the patients transfer to a transitional care home.
8.27 The Consultant will need to agree and document that the patient is medically fit for discharge, a member of the ward and Social Care staff, has confirmed that they are ready for transfer and is safe to be discharged. This should be documented in the patient’s medical notes.
Stage Five - If Agreement is Not Reached to Transfer the Patient to a Transitional Care Home:-
8.28 A Senior level MDT meeting should be arranged. This will include the Consultant responsible for the patient, Trust Director of Nursing or nominated representative and Senior Representatives from Social Services and Local Health Board. The patient (or their representative) should be formally invited to attend to discuss their refusal to agree to the transfer to a transitional care home. In circumstances where a patient does not have a family or carer or identified advocate to support them, the patient will be offered support or advocacy.
8.29 The Trust legal team will be advised about the intended meeting by the nurse director and medical director, and provided with a full brief of the case and supporting documentation as evidence to demonstrate that the Policy has been followed.
8.30 The meeting with the patient (or their representative) should address the reasons for refusal and determine whether there are any short term options to enable discharge that have not been considered.
8.31 If agreement is reached regarding either the acceptance to identify three homes or other transitional arrangements, timescales must be established at the meeting and the actions agreed should be confirmed in writing immediately afterwards. Discharge arrangements should be made following the discharge policy guidelines within the timescales agreed at the meeting.
8.32 If agreement is not reached regarding either of the above, the MDT will seek advice from the Nurse Director and Medical Director to formally
seek legal advice from the Trusts solicitors. Depending on legal advice received the Trust will then consider what further action is to be taken.
9. Principles for the use of Transitional Care Homes
9.1 Any transitional care home must meet the patients assessed future care needs. Waiting for a place in one of the preferred home of choice should not mean that the patient’s care needs are not met in the interim, or that they wait in a setting that is unsuitable for their assessed needs. This includes occupying a hospital bed.
9.2 If the three preferred homes of choice have no bed availability, then placing the patient in a transitional care home with their agreement will be considered and pursued following the Abertawe Bro Morgannwg University NHS Trust’s Choice of Accommodation Policy.
9.3 Where a patient is known to Social Services, and/or Social Services, has contracted for the placement in the transitional care home, an allocated Social Worker will maintain contact with the patient, and will ensure that, when a place becomes available in their preferred home of choice funding arrangements will be made either by social services and/or the LHB/or the patient (or their representative), to transfer the patient to that care home, if that is still their wish. Arrangements will need to be put in place for self funding patients, who arrange and pay for their own care but who have no family/carer/advocates, to arrange for appropriate advocacy and ensure that nominated advocates have the appropriate information and advice, to arrange their care. These arrangements which can include health and social care professionals supporting the individual will be agreed within the multidisciplinary team and prior to discharge. For other self funding, patients (or their representative), will be required to make arrangements, but will also be able to access appropriate information and advice from the multidisciplinary team to support them in completing appropriate arrangements. In the event of a dispute, the engagement of an independent advocacy service would be preferable.
9.4 Patients transferred to a transitional care home may choose to remain there, even when a place becomes available in their preferred home of choice. If the transitional care home is able to accept the patient on a long term basis, the patient should be removed from the waiting list of the preferred accommodation.
9.5 For people where social services have contracted for their placement in the transitional care home, normal funding responsibilities and arrangements will apply, unless an individual local authority chooses to exercise discretion. For example, if a third-party funding agreement is normally required for the transitional home, this may be deferred for an agreed period or be subject to more favourable terms, particularly if the placement in a patient's preferred home would not require such an agreement or a lower third-party contribution
10. Complaints Procedure
10.1 Patients (or their LPA) and their representative should be given, at any time during the discharge process, a copy of the Trust Complaints Procedure. This should be available for them in the form of a leaflet or in an appropriate format as required.
10.2 It should be identified during the discharge procedure, and especially with the failure to agree process, that the Complaints or Legal Departments in the Trust and Local Health Boards and social services are informed of any disagreements and kept aware of developments and the likelihood of their advice being required.
Section Two - Discharge Planning – Flow Chart
Supporting Discharge Information Leaflet given to patient/ carer/ relative on arrival to ward
Patient in hospital bed and now medically stable and ready to move on to the next stage of care; and their capacity and primary health needs have been assessed and agreed
Dischargere Planning commences. Letter One and the Supporting Discharge Information Leaflet is given to the patient (or their LPA if appropriate) and family/carer/advocate
Unified Assessment is completed by the MDT and need for a 24 hour supportive care setting is identified i.e. discharge to a residential or nursing care home
Letter Two, a local list of registered residential and nursing care homes and a summary of the Choice of Accommodation Policy is given to the patient (or their LPA) and their family/carer/advocate. Two weeks given to identify 3 Home(s) of choice
Three Homes of choice are made and the name of the patient is placed on the waiting list
Home(s) of choice Home(s) of choice not Home(s) of choice have available within four available within four not been identified weeks weeks
MDT meeting with Letter Three given to Patient remains in patient (or their the patient (or their
hospital bed and LPA)/family/carer/advo LPA) and their discharge is cate to discuss and family/carer. A further expedited in line with agree where 1 week given to the Discharge Policy appropriate in a identify Home(s) of Guidelines transfer to transitional choice placement
Transitional placement Transitional placement Patient status agreed. Letter Four given NOT agreed. Senior discussed at Weekly to the patient (or their MDT arranged with Discharge Planning LPA) and their patient (or their LPA) Group and reported to family/carer/advocate. /family/carer/ Monthly Operational Aim to complete advocate. Trust legal DToC Group discharge within a team advised and further 1 week. supporting documentation
provided as evidence. Home(s) of choice still not identified SW/advocate remains in contact with patient (or their LPA). Home(s) Agreement reached of choice chased between Senior MDT, Agreement NOT routinely and transfer patient (or their LPA) reached between /family/carer/ advocate arranged when Senior MDT and patient placement becomes and timescales for (or their LPA) discharge agreed. available, or offered /family/carer/ permanent placement Discharge to advocate. at transitional care transitional Legal advice formally home if choice is made arrangements sought and the patient by patient to remain expedited in line with advised the Discharge Policy Patient Section Three - Supporting the Discharge Letters
NB: - For each stage of the process it should be made clear that the patient’s representative will also receive a copy and be involved in the discussions?
Part One: Letters for People with Capacity
Letter One.
To the patient (or their LPA) or their family/carer/advocate – to be given on the hospital Ward in conjunction with patient leaflet ‘Leaving Hospital’ when appropriate.i.e. when the patient is medically stable and ready to be moved on to the next stage of care; and their capacity and primary health needs have been assessed and agreed.
Date
Dear Mr/Mrs/Miss/Ms
Re: Supporting Discharge from Hospital
We have now has discussions with you about discharge. The ward team and I will do our best to ensure that all your care needs are met and that you are as comfortable as possible during your stay with us. If you have any problems or concerns that you would like to discuss with me, please mention this to one of the ward staff who will tell me that you would like to talk to me.
We are sure that as soon as you are well enough to leave hospital you will want to do so. To ensure that you can leave hospital just as soon as possible, we need to start talking to you, and your family now to make sure you will be able to manage when you leave hospital.
Most patients return home at the end of their hospital stay, however some people will be so affected by their illness that they will decide after talking to their family, carers, or advocates, the ward team and their social worker, that it would be better for them to move either to a Nursing Home or Residential Care Home where their needs can be met.
If this should happen, you, your family/carer/advocate) will obviously want to consider every option available to you as this is a big decision to have to make. We know that you will not want to remain in hospital and therefore we would work with you to look at alternatives, including moving to a short-term placement until your preferred place of care
becomes available. Please do not worry if you do not have someone to help you with these important decisions we will ensure that in the event of this affecting you a trained independent person would be available to help you.
We want to help all our patients to make the right choice about what they do when they leave hospital and will support you in all possible ways.
I would be grateful if you could give serious thought now to your plans for when you are well enough to leave hospital.
Yours sincerely,
Ward Sister / Charge Nurse
.
cc Patient’s Family/carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes Nurse Director Medical Director
Letter Two.
To the patient, or their family/carer/advocate – to be given on notification from Consultant and Multi Disciplinary Team that the patient is medically fit and ready to move onto the next stage of care and to leave the hospital.
Date
Dear Mr/Mrs/Miss/Ms
Re: Supporting Discharge from Hospital
We are pleased to hear from the team caring for you that you are ready to leave hospital. The doctors, nurses and social worker have talked with you about what your needs will be when you leave hospital and have completed a document called a “Unified Assessment”. As you have been advised by the staff looking after you, it is felt that your current needs would be best met in future in a Nursing/Residential Care Home and the reasons for this have been explained to you and your family/carer/advocate.
We now need to help you to make arrangements for this to happen as quickly and smoothly as possible. We know that a move into a Residential/ Nursing Care Home is a big step and we will do all that we can to help and support you at this time. I attach a document called “Summary of our Choice of Accommodation Policy” which explains in some detail what should happen next.
Where required your Social Worker will give you or your family member information on registered nursing and residential homes and will ask you to select up to three for a potential placement, but because of the heavy demand for places it may only be possible to find one suitable vacancy. Please consider this option carefully and make a decision so that we can help you to move within the next 14 days. If you do not have a family or carer to support you in selecting a care home, we will provide support to help you. You can also access additional information at your local library or at the Care and Social Services Inspectorate Wales website.
You may find that the home of your choice does not have a place available immediately. It is not in your interest to remain in hospital after an episode of ill-health longer than is necessary. The ward team and I will work with you and your family or carer, to look at the alternatives; these may include moving to a short-term care home placement where you can stay until a vacancy comes up in the care home of your choice, or while you take time to reconsider your longer term arrangements. If you do not have someone to support you in making a decision, we will
arrange for a trained independent person to assist you. You may wish to talk things through with someone who can help and support you at this time. A friend or member of your family may be the best person but I am available to help you if you need further information.
We want to help you to make your arrangements as soon as possible so that you are being cared for in the place which is best for you at this time. We would therefore like you to think about it within the next few days so that we can help you move forward, Please let me know if you have any questions.
Thank you for your co-operation.
Yours sincerely,
Ward Sister / Charge Nurse
cc
Nurse Director . Medical Director Patient’s Family/Carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes
Enc – Copy of list of Registered Care Homes within Catchment Area Summary of the Choice of Accommodation Policy
Letter Three.
To the patient or their family/carer/advocate – to be given if a decision has not been made within the 14 days outlined in Letter Two.
Date
Dear Mr/Mrs/ Miss /Ms
Re: Supporting Discharge from Hospital
I am very sorry to hear that you have been unable to find alternative care homes of your choice within the last two weeks.
As I explain to you in the Ward Managers last letter it is much better for you not to remain in hospital and to be cared for in a more appropriate setting where all your needs can be met. In addition, because of the demands for hospital beds, it is our policy that patients who no longer require the treatment and facilities of a hospital should be discharged as soon as possible either to their own home or to an alternative care setting, if appropriate.
I understand that on (insert date ) your Consultant (insert name of consultant) decided that you were well enough to be discharged, and that it is in your interest to be moved to a Residential/Nursing Home where you will receive the care that is most appropriate for your needs. I understand that you have not been able to identify three homes to which you could potentially move and therefore in line with our Choice of Accommodation Policy, we agree that you can remain in hospital for a further seven days to identify and choose alternative care homes.
Failing this, the staff involved in this decision, including the consultant, will arrange to meet with you and your family/carer/advocate to fully explain how they feel your care should be managed and the options which are available to you. They will listen to the reasons why you have been unable to comply with our requests and try to reach some agreement with you around arranging transfer to a transitional care home.
It is important that you understand that it is not always in your interests to remain in a hospital bed longer than is necessary. It is also in the interest of other patients who require hospital care that beds are made available to them.
Please be assured that we would not ask you to move if we were not certain that you were fit enough and that it would be best for you to do so.
Yours sincerely,
Nurse Director Medical Director.
cc Patient’s Family/carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes
Letter Four.
To the patient or their family/carer/advocate – to be given when the Patient has agreed to a transitional care home being arranged.
Date
Dear Mr/Mrs/Miss/Ms
Re: Supporting Discharge from Hospital
We were sorry to hear that you have experienced difficulties in finalising arrangements for your discharge to a residential / nursing care home of your choice.
Thank you for agreeing to discuss with us the possibilities of transferring you to a more appropriate care setting as an interim measure. As a result of our discussions, social services/LHB/your advocate will assist you to arrange a short term care home placement at ………..and we will arrange transport to take you there on………………….
This home will care for you while you continue to view other care homes, or whilst you are waiting for a place to become available in the care home of your choice. However, if you decide you would like to stay permanently in the transitional care home that has been secured for you social services/LHB/your advocate can make arrangements for you to do so and will explain any financial implications.
Whatever you decide to do, please remember that your Social Worker/advocate will be available to help and support you.
On behalf of the Trust, I would like to thank you for your cooperation in this process.
Yours sincerely,
Nurse Director Medical Director.
cc Patient’s Family/carer/Advocate Social Worker Discharge Liaison Nurse
Patient’s Medical Notes
Part two: Letters Two- Four Where the Person Doesn't Have the Capacity and a person with a Lasting Power of Attorney for the patient's personal welfare has been identified
Letter Two.
To the LPA – to be given on notification from Consultant and Multi Disciplinary Team that the patient is medically fit and ready to move onto the next stage of care and to leave the hospital.
Date
Dear Mr/Mrs/Miss/Ms
Re: Supporting Discharge from Hospital
You will be pleased to hear from the team caring for (the patients named) that they are ready to leave hospital. The doctors, nurses and social worker have will have explained to you about (patients named) needs when they leave hospital and have completed a document called a “Unified Assessment”. As you have been advised by the staff looking after (the patient's name), it is felt that there current needs would be best met in future in a Nursing/Residential Care Home and the reasons for this have been explained to you.
We now need your help to make arrangements for this to happen as quickly and smoothly as possible. We know that planning a move into a Residential/ Nursing Care Home on behalf of someone else is a big responsibility and we will do all that we can to help and support you at this time. I attach a document called “Summary of our Choice of Accommodation Policy” which explains in some detail what should happen next.
If (the patient's name) requires funding support from social services, the Social Worker for (the patient's name) will give you information on registered nursing and residential homes and will ask you to select up to three for a potential placement, but because of the heavy demand for places it may only be possible to find one suitable vacancy. Please consider these options carefully and make a decision so that we can help you to facilitate a move within the next 14 days. If you need assistance in selecting a care home, we will provide support to help you. You can also access additional information at your local library or at the Care and Social Services Inspectorate Wales website.
You may find that the home of your choice for (the patient's name) does not have a place available immediately. It is probably not in (the patient's name) interest to remain in hospital after an episode of ill-health longer than is necessary. The ward team and I will work with you to look at the alternatives; this may include moving (the patient's name) to a short-term care home placement where they can stay until a vacancy comes up in the care home you feel is best for them, or while you take time to reconsider the longer term arrangements. If you need support in making a decision, we will arrange for an appropriate person to assist you; a friend or member of your family may be able to help, but I am also available to help you if you need further information.
We want to help you to make arrangements for (the patient's name) as soon as possible so that they can be cared for in the place which is best for them at this time. Please would you therefore think about the plans for (the patient's name) within the next few days so that we can help you with your planning. Please let me know if you have any questions.
Thank you for your co-operation.
Yours sincerely
Ward Sister / Charge Nurse
cc
Nurse Director . Medical Director Patient’s Family/Carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes
Enc – Copy of list of Registered Care Homes within Catchment Area Summary of the Choice of Accommodation Policy
Letter Three.
To the LPA– to be given if a decision has not been made within the 14 days outlined in Letter Two.
Date
Dear Mr/Mrs/ Miss /Ms
Re: Supporting Discharge from Hospital
I am very sorry to hear that you have been unable to find alternative care homes of your choice for (the patients named) within the last two weeks.
As I explain to you in the Ward Managers last letter it is much better for (the patient's name) not to remain in hospital and to be cared for in a more appropriate setting where all their needs can be met. In addition, because of the demands for hospital beds, it is our policy that patients who no longer require the treatment and facilities of a hospital should be discharged as soon as possible either to their own home or to an alternative care setting, if appropriate.
I understand that on (insert date ) that (the patients name) Consultant (insert name of consultant) decided that they were well enough to be discharged, and that it was in their interest to be moved to a Residential/Nursing Home where they will receive the care that is most appropriate for their needs. I understand that you have not been able to identify three homes to which you could potentially move (the patient’s name) and therefore in line with our Choice of Accommodation Policy, we agree that they can remain in hospital for a further seven days while you identify and choose an alternative care homes.
Failing this, the staff involved in this decision, including the consultant, will arrange to meet with you to fully explain how they feel (the patients name) care should be managed and the options which are available to you. They will listen to the reasons why you have been unable to comply with our requests to find a suitable placement and try to reach some agreement with you around arranging transfer to a transitional care home for (the patient’s name).
You will understand why we feel it is important that you understand that it is not always in people's interests to remain in a hospital bed longer than is necessary. It is also in the interest of other patients who require hospital care that beds are made available to them.
Please be assured that we would not ask you to move (the patient’s name) if we were not certain that they were fit enough and that it would be best for them to do so.
Yours sincerely,
Nurse Director Medical Director.
cc Patient’s Family/carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes
Letter Four.
To the LPA – to be given when the Patient has agreed to a transitional care home being arranged.
Date
Dear Mr/Mrs/Miss/Ms
Re: Supporting Discharge from Hospital
We were sorry to hear that you have experienced difficulties in finalising arrangements for (the patients name) discharge to a residential / nursing care home of your choice.
Thank you for agreeing to discuss with us the possibilities of transferring (the patient’s name) to a more appropriate care setting as an interim measure. If as a result of our discussions, (the patients name) requires the support of social services and/or the LHB we will arrange for them to assist you with the short term care home placement at ………..and we will arrange transport to take (the patients name) there on………………….
This home will care for (the patient’s name) while you continue to view other care homes, or whilst you are waiting for a place to become available in the care home of your choice. However, if you decide you would like (the patients name) to stay permanently in the transitional care home that has been secured for them, social services/LHB, where applicable, can make arrangements for (the patients name) to do so and will explain any financial implications.
Whatever you decide to do, please remember that professional staff will be available to help and support you.
On behalf of the Trust, I would like to thank you for your cooperation in this process.
Yours sincerely,
Nurse Director Medical Director. cc Patient’s Family/carer/Advocate Social Worker Discharge Liaison Nurse Patient’s Medical Notes
Item No. 11 (1)
Report of the Head of Legal and Democratic Services
Council – 26th February 2009
COUNCIL DIARY 2009/2010
Summary
Purpose: To approve a Council Diary for 2009 / 2010 municipal year.
Policy Framework: None.
Reason for Decision: To comply with Council Procedure Rules.
Consultation: Legal, Finance, Presiding Officer, CWG
Recommendation(s): It is recommended that:
1) The Council Diary for 2009/2010 be adopted.
1. Introduction
1.1 Traditionally, the Council diary is set by Council prior to the commencement of a new municipal year.
1.2 The Constitution Working Group (CWG) discussed the issue of the Council Diary 2008/2009 at its meeting held on 19th January 2009. The Group examined the issues associated with the setting of a Council Diary.
1.3 Once the Council Diary has been agreed by Council, the dates and times shall be followed subject to Council amendment.
2. Council Diary 2009 / 2010
2.1 The draft Council Diary 2009/2010 is attached.
3. Recommendation. It is recommended that:
3.1 The Council Diary 2009/2010 be adopted
Background Papers: None Contact Officer: Gareth Borsden Democratic Services Co-ordinator 01792 63824
Item No. 12 (1)
Joint Report of the Presiding Officer and the Monitoring Officer
Council – 26th February 2009
AMENDMENTS TO THE COUNCIL CONSTITUTION
Summary
Purpose: To report back on amendments to the Council Constitution.
Policy Framework: None.
Reason for Decision: To adopt and note amendments to the Council Constitution.
Consultation: Legal, Finance & Presiding Officer
Recommendation(s): It is recommended that:
The amendments to the Council Constitution listed in paragraph 2.2 be adopted following the closure of this meeting;
1. Introduction
1.1 In compliance with the Local Government Act 2000, the City and County of Swansea has adopted a Council Constitution. A number of issues have arisen since adoption and in order to maintain the aims, principles and procedures set out in Articles 1 and 15 of the Council Constitution it is proposed that the amendments set out in paragraph 2 below should be made to the Constitution.
1.2 The amendments deal with updating the Constitution following the adoption of the Unitary Development Plan.
2. Amendments to the Council Constitution
2.1 The amendments to the Council Constitution which require a resolution of Council in order to allow their formal adoption are listed below:
2.2 TERMS OF REFERENCE – AREA DEVELOPMENT CONTROL COMMITTEES
2.2.1 Delete paragraph 1 on page 90 up to and including sub pargraph vi) on page 91.
2.2.2 Substitute the following at page 90:-
Area Development Control Committees
1. To discharge the functions of the Council with regard to planning control and building control services except: a) Where the Area Development Control Committee is minded to approve an application for development which the Head of Planning Services advises is contrary to the Unitary Development Plan, or any other relevant policies or guidelines adopted by the Council, OTHER THAN:
i) The Council’s Design Guide For Householder Development (June 2008); ii) The South Wales Parking Guidelines (as amended);
iii) The following policies of the Unitary Development Plan: EV1 Townscape, Landscaping, Built Environment: Standards of Design and Layout, Protection of Amenity, Designing Against Crime, Appearance and Quality of Built Up Areas, etc. EV2 Employment in Residential Areas, Intrusive Land Uses, etc EV3 Disabled Access EV 4 Public Realm EV7 Listed Buildings EV8 Demolition of Listed Buildings EV9 Development in Conservation Areas EV10 Demolition of Unlisted Buildings in Conservation Areas EV12 Lane & Public Paths EV13 Shop fronts, Security Grilles EV14 Advertisements EV15 Hoardings HC2 Infill Development & Small Scale Residential Development HC5 Multiple Occupation HC6 Flat Conversion HC7 Household Extensions HC8 Over the Shop Housing HC26 Informal Recreation HC27 Use of Land for Horses HC10 Holiday Chalet and Caravan Sites AS3 Public Rights of Way EC6A Non-Retail Uses (within City Centre & District Centres)
3. Recommended that:
The amendments to the Council Constitution listed in paragraph 2.2 be adopted following the closure of this meeting.
Background papers: None Contact: Roderic Jones 01792 637652 12th February 2009
Item No. 13 (1)
Report of the Chief Executive
Council – 26th February 2009
DEVELOPMENT OF PRE-DECISION SCRUTINY
Summary
Purpose: This report proposes a process for undertaking pre-decision scrutiny.
Policy Framework: Corporate Improvement Plan, Council Constitution
Reason for Decision: To ensure that the Council’s overview and scrutiny arrangements are as effective as possible
Consultation: Legal Services, Finance, Overview & Scrutiny Coordinating Group, Cabinet Members, Corporate Management Team
Recommendation(s): It is recommended that:
1) Council endorses the proposed process for pre-decision scrutiny.
2) A report be brought back to Council setting out any constitutional changes required.
3) A review be carried out through the Overview & Scrutiny Coordinating Group after 9 months on the effectiveness of these arrangements.
1. INTRODUCTION
1.1 The introduction of new arrangements presented a fresh opportunity to improve the operation of overview and scrutiny in Swansea, and this includes the introduction of pre-decision scrutiny of Cabinet business.
1.2 Pre-decision scrutiny is a legitimate and well-established role for overview and scrutiny and one that is being carried out in many other Local Authorities, with a range of different arrangements being practiced.
1.3 Whilst there have already been occasions where pre-decision scrutiny has been undertaken it been without a consistent approach. Therefore work has been carried out to develop a clear structure and process for Scrutiny Boards carrying out this role and to strengthen arrangements. Proposals have been developed primarily through the Overview & Scrutiny Coordinating Group.
1.4 A range of views have been considered to help to ensure a clear, workable and manageable process, understood by all concerned. It is acknowledged, however, that this will cover new ground and will be reviewed and modified, as necessary, in the light of experience.
2. WHAT IS PRE-DECISION SCRUTINY?
2.1 Pre-decision scrutiny applies only to scheduled Cabinet business and provides the opportunity for consultation with non-Executive Members on fully developed proposals, where a clear recommendation exists, before decisions are taken by the Executive. This would provide scrutiny with the ability to make comments on a proposed decision which the Cabinet would take into account before making its decision, and thereby giving scrutiny a valuable opportunity to influence decision-making through debate and challenge.
2.2 The range of possible outcomes may include support for a decision, a different view on the way forward, the flagging up of concerns (in relation to the consultation process), or a view that the decision should be deferred pending further work etc.
2.3 It does not mean that decisions will necessarily be changed or withdrawn, however it gives an opportunity for those decisions to be more informed. Pre-decision scrutiny can be viewed as non- Executive Members performing a ‘critical friend’ role in relation to the Executive.
3. WHAT PRE-DECISION SCRUTINY IS NOT
3.1 Pre-decision scrutiny does not replace decision-making. It is not intended to blur the lines of accountability, which will always rest with the Executive.
3.2 Pre-decision scrutiny is not the same as general service or policy development / formulation. Separate to pre-decision scrutiny there are occasions where overview and scrutiny is already involved at an earlier point in the development of policy or service proposals.
3.3 Pre-decision scrutiny is not a call to carry out an in-depth review of a matter. It refers to a one-off consultation on a specific report.
4. WHO UNDERTAKES PRE-DECISION SCRUTINY?
4.1 Pre-decision scrutiny is about accountability for decision-making. Under the new arrangements for overview and scrutiny agreed by Council, the scrutiny of decisions and holding the Council’s Executive to account is a role that is carried out by the Council’s 4 Scrutiny Boards. This process will strengthen the capability and options open to these Boards to challenge and hold to account.
4.2 The primary focus of Overview Boards is on policy development. It is however recognised that the selection of matters for pre- decision scrutiny should have regard to where the matter has already featured in overview and scrutiny work plans.
5. BENEFITS
5.1 The potential organisational benefits of pre-decision scrutiny include:
• strengthening the corporate governance of the Council and improving decision-making • assisting in ensuring the openness, robustness and transparency of Cabinet’s decision-making • providing greater opportunities for accountability of the Executive to non-Executive councillors • avoiding the need for call-ins post-decision • creating the necessary link between scrutiny and the Executive
5.2 The benefits of pre-decision scrutiny on a specific matter could include:
• Testing the proposed decision / impact of proposals • Providing non-Executive Councillors with an opportunity to discuss emerging policy/service proposals with key officers who have developed the work prior to Cabinet decision • Giving a voice to service users • Developing understanding across the Council • Establishing common ground on contentious issues
5.3 Best practice indicates that the success of pre-decision scrutiny depends on good working relationships and ’mutual’ respect for it from both Cabinet and the Boards. It also suggests that the greater value from this activity is likely to be obtained when done on occasion. (source: Institute of Local Government Studies)
5.4 The Overview & Scrutiny Improvement Programme taking place over the next few months could provide an opportunity for Members to further explore the principles of pre-decision scrutiny and address any development issues.
6. IMPACT ON WORK PLANS
6.1 Pre-decision scrutiny is only one of a variety of roles and possible activities that Scrutiny Boards may be involved in, and any desire to undertake pre-decision scrutiny will need to be balanced with other activities such as carrying out in-depth reviews, considering service briefings and regulatory reports, and undertaking corporate performance and project monitoring.
6.2 However, pre-decision scrutiny does not automatically require a Scrutiny Board to carry out any in-depth work. The presumption would be that a single meeting would be sufficient to formulate views, unless circumstances allow for more time.
6.3 Should a Board feel that more work is necessary then it will need to make that case to Cabinet (as the decision-maker) and it does not mean that scrutiny would be responsible for such work. However if the Board does wish to carry out any aspect of work in relation to the proposed decision, then again it would need to state this in its response to the Cabinet.
6.4 Whilst an item for pre-decision scrutiny need not automatically pose a significant impact on existing work plans, the Boards will have to manage their work to take into account referrals or their own requests for pre-decision scrutiny.
7. IMPACT ON THE EXECUTIVE
7.1 The Boards will depend on the cooperation of the Executive in facilitating the involvement of scrutiny. Pre-decision scrutiny will have an impact on existing decision-making procedures, and the time of both Members and officers involved in the production of Cabinet reports. Pre-decision scrutiny would be facilitated by forward planning and a degree of flexibility on decision-making timetables.
7.2 It is clear that for non-Executive Councillors to fulfil this role any arrangement would need to ensure a greater awareness of future Cabinet business. The Executive will need to ensure the maintenance of an appropriate record of future Cabinet business, as the basis of any process for pre-decision scrutiny. It should be noted that the Welsh Assembly Government is currently considering making the production and publication of Cabinet Forward Plans, and the consideration of such plans by scrutiny, a statutory requirement. One advantage of these arrangements will be to bring closer together Cabinet and Overview and Scrutiny work programmes. (see Appendix B)
7.3 Pre-decision scrutiny can also arise from a request from the Cabinet itself. In light of recent experience the Executive will need to give thought to building such requests into decision-making timetables and therefore allow for adequate time for consideration by scrutiny (in view of Board workloads). 7.4 It should be noted that existing provisions for the ‘call in’ of Cabinet decisions remain unaffected by the proposals within this report.
8. DEVELOPING ARRANGEMENTS
8.1 There is no one single ‘good practice’ blue print for pre-decision scrutiny however a review of arrangements elsewhere suggest the following issues as critical to its effectiveness:
• The availability of an Executive Forward Plan • Whether / What criteria should determine selection of reports • The importance of time and timing • A cooperative Executive to facilitate the involvement of scrutiny
8.2 The emerging process has taken into account these issues and work to develop arrangements has been guided by the need to establish a consistent and structured approach to pre-decision scrutiny.
8.3 A process for the introduction of pre-decision scrutiny has been developed and is summarised in the attached flow-chart (Appendix A). The process is based on a selective approach through identification of items from a Cabinet ‘forward plan’ which would be then be considered by specific Scrutiny Boards. The process is explained in more detail in the following paragraphs.
9. THE PROCESS EXPLAINED
9.1 Identification / Selection
9.1.1 The Authority already produces what is known as a Forward Work Programme, and this is published on the Council’s website - http://www.swansea.gov.uk/index.cfm?articleid=1942. The Forward Work programme is designed to set out the decisions that the Cabinet are expected to take over the next four months, and is meant to be updated on a quarterly basis, and could provide the source from which selections for pre-decision scrutiny could be made. To be effective however, it will be critical that this document is both up-to-date and comprehensive, and contains an appropriate level of detail, to explain what the issues are, to aid the process of selection. To this end, the format for the Forward Work Programme will need to be revised and a publication schedule determined.
9.1.2 The Forward Work Programme shall be circulated to Scrutiny Board Councillors as soon as published every quarter. Requests for pre-decision scrutiny of any matter contained within shall be directed to the Chair and Vice-Chair of the relevant Scrutiny Board and Presiding Officer for consideration.
9.1.3 In some circumstances pre decision scrutiny will not be appropriate. The Presiding Officer will be entitled to decline a request for pre-decision scrutiny provided one of the following criteria is met:
• The matter is not the subject of a Cabinet decision-making report • The matter has already been subject to extensive consideration by an Overview Board • The matter has already been subject to extensive consideration by a Scrutiny Board • The matter is not relevant to the terms of reference of the requesting Board • Where pre-decision scrutiny would require that an urgent matter is delayed and that this delay would be detrimental to the interests of the Council • Whether there is any constitutional or legal reason why pre- decision scrutiny should not take place
9.2 Notification
9.2.1 The relevant Cabinet portfolio holder and relevant Officer(s) will be notified of those matters identified for pre-decision scrutiny at the earliest opportunity and advice sought on timing / implications.
9.2.2 The relevant Cabinet Member will advise on the decision-making timetable and window in which a Board meeting would need to be convened to avoid undue delay in decision-making, so that a date for the Scrutiny Board can be identified. Some matters may be subject to time pressures, and the sequence of meetings will need to be considered as part of the overall process.
9.3 Inclusion in Work Plan
9.3.1 The Chair and Vice-Chair will report to the Scrutiny Board and propose agreement of those matters that have been considered appropriate for pre-decision scrutiny for inclusion in the Board’s work plan.
9.3.2 At the same time the Scrutiny Board will have to consider the implication on its own time to undertake meaningful pre-decision scrutiny, and will need to manage and modify its work programme accordingly. Whilst flexibility is incorporated into work plans it is also important that previous assumptions for workload are not put at risk. Boards are scheduled to meet every six weeks however can meet as often as required. Additional meetings may need to be considered where scheduled Board meetings will not fit into the proposed decision-making timetable and therefore cause undue delay.
9.4 Consideration
9.4.1 Pre-decision scrutiny will normally be based on the report which is to be submitted to Cabinet. The relevant Cabinet Member would be expected to attend the Scrutiny Board to answer questions / provide clarification on the report.
9.4.2 The role of officers is to support and provide impartial advice to all Councillors whatever their position (whether as Executive Members, Overview and Scrutiny Members, Members of quasi- judicial Committees etc.). The Boards can request relevant officers to attend to provide advice to scrutiny and assist the Boards in their consideration.
9.4.3 Best practice evidence strongly emphasises the need for a constructive and non party political approach. There would be an expectation of responsible, evidence based scrutiny. In general, the Scrutiny Board would be expected to focus on:-
• The reasons for the proposed decision and robustness of the process • Whether the report outlines all of the known or potential implications (including policy/budget issues) and risks? • Whether the report adequately examines all of the available options? • Whether there has been adequate consultation on the proposals?
9.4.4 Meetings will be open to the public (unless exemption applies) and the Board may wish to invite stakeholder input, to help the Board formulate a view.
9.5 Decision
9.5.1 Where possible, the Cabinet Member’s report should include a section on the outcome from the scrutiny meeting and demonstrate how the views expressed by scrutiny have been addressed. Otherwise, the Chair of the Scrutiny Board will be invited to address the Cabinet during consideration of the report to outline the views of the Scrutiny Board prior to decision.
9.6 Feedback
9.6.1 The Cabinet Member will provide feedback to the Scrutiny Board, which will include an explanation of any rejection of scrutiny views.
10. LEGAL IMPLICATIONS
10.1 There are no specific implications arising from the report.
11. FINANCIAL IMPLICATIONS
11.1 None
12. RECOMMENDATIONS
1) Council endorses the proposed process for pre-decision scrutiny.
2) A report be brought back to Council setting out any constitutional changes required.
3) A review be carried out through the Overview & Scrutiny Coordinating Group after 9 months on the effectiveness of these arrangements.
Background Papers:
‘Review of the Role and Functions of Elected Members’ commissioned by the Welsh Assembly Government (2007) (http://new.wales.gov.uk/topics/localgovernment/research/reviewelectedmemb ers/?lang=en)
WAG Response: (http://new.wales.gov.uk/topics/localgovernment/research/reviewelectedmemb ers/?lang=en)
Contact: Brij Madahar, Overview and Scrutiny Coordinator, Ext. 7257 Date: 16th February 2009
Legal Officer: Rod Jones APPENDIX A A MODEL FOR PRE-DECISION SCRUTINY
Published Cabinet Scrutiny Board START Forward Work Councillors Programme (every quarter)
Notification to relevant Cabinet portfolio holder and relevant Officer(s) Requests for pre- and advice sought on decision referred to timing / implications to Chair / Vice Chair of help identify date for Presiding Officer to relevant Board and scrutiny confirm request for Presiding Officer pre-decision scrutiny is valid, in view of agreed criteria
Board agrees inclusion Feedback from Cabinet of matters considered Member - to include appropriate for pre- explanation of any decision in work rejection of scrutiny programme. Board to views consider impact and modify work plan accordingly
Board meeting to Cabinet Decision – consider Cabinet report view of Scrutiny Board and formulate view on reported proposed decision APPENDIX B
From ‘‘Review of The Role and Function of Elected Members’ (2007), commissioned by Welsh Assembly Government
This recent study reinforces the importance of pre-decision scrutiny and the need for the publication of forward plans, stating that:
“Scrutiny is seen as working best in those authorities which publish well in advance details of the issues that are expected to come up for discussion at the Executive (the ‘forward plan’). Whilst this is a requirement in England, not all Welsh councils have implemented these plans and they vary substantially in terms of detail. Some forward plans give only generic titles which do not enable members to inform themselves in advance of a meeting…..We found that a small number of authorities have adopted "contemporaneous scrutiny", whereby decisions came before scrutiny committees first and are then discussed in a cabinet meeting. A number of interviewees cited this as good practice as it enabled scrutiny to add value by examining a ‘live’ issue.”
The report makes a number of recommendations and these include:
• All local authorities should follow good practice and produce a forward plan which provides an indication of forthcoming decisions and policies. The forward plan should be published at an early stage in order to allow overview and scrutiny committees to incorporate decisions into its work programme. (p.17)
(WAG Response, published in September 2007: Agree. Although common practice in some authorities, all should move towards adopting this practice. The Assembly Government will bring forward proposals to include this as a statutory requirement.)
• That local councils needs to have clear scrutiny plans and processes which provide (amongst other things), consideration of the executive’s forward plan (P.44)
(WAG Response: Agreed – review with WLGA and their scrutiny champions network how these proposals might be developed and included in Statutory guidance. Much of this will already be practised in some authorities.)
Item No. 14 (1)
Joint Report of the Head of Communications and Overview & Scrutiny Coordinating Group
Council – 26th February 2009
OVERVIEW & SCRUTINY STRATEGIC WORK PROGRAMME 2008/09 - UPDATE
Summary:
The report provides an update on the Overview & Scrutiny Strategic Work Programme for 2008/09.
FOR INFORMATION
1. INTRODUCTION
1.1 The Overview and Scrutiny function exists to improve the performance of services, to provide an effective challenge to the executive and to engage non-executive Members in the development of policies, strategies and plans. At the same time Overview and Scrutiny is expected to promote community leadership and engage communities in Council business.
1.2 The overall aim of Overview & Scrutiny is to make Swansea a better place and to ensure that services are responsive to people’s needs. A constructive and effective overview and scrutiny function, that works across organisational boundaries and engages the community, is also at the heart of the Welsh Assembly Government’s vision for public services in Wales.
1.3 Each Board will keep a watching brief on different aspects of Council policies and services to ensure that the Council is achieving its aims. Detailed work is done through in-depth reviews and, for each review, the Boards will gather a wide range of evidence, including community views, and propose improvements.
2. COORDINATING THE WORK OF THE BOARDS
2.1 In order to ensure a coordinated approach to the work of overview and scrutiny, Overview Board and Scrutiny Board Work Plans are to operate within the framework of an overarching Annual Overview & Scrutiny Strategic Work Programme, which is agreed and overseen by the Overview & Scrutiny Coordinating Group.
2.2 The key principles underpinning the Work Programme are that:
• overview and scrutiny work should be strategic, relevant and add value • the Boards are independent of the executive and ultimately responsible for their own work plans • co-ordination ensures a consistent approach, the best use of resources and avoids duplication • the demands of the overview & scrutiny programme as a whole should be proportionate to the resources realistically available to deliver it
2.3 The Coordinating Group, made up of the Chairs and Vice-Chairs of the Boards, is responsible for ensuring that the work of scrutiny is manageable, realistic and achievable and will have the maximum impact. It has an important role, with respect to the work of the Boards in:
• providing an effective forum for liaison between Overview & Scrutiny Chairs and Vice-Chairs, and Political Group Leaders / Deputy Leaders • co-ordinating the work of the Boards (including the allocation of items) so as to avoid any overlap or duplication of work and maintain balanced work programmes that reflect a mix between planned and responsive work • ensuring that reviews are conducted by the most appropriate Boards and to identify the potential for joint reviews • ensuring the work of the Boards maximises the involvement of Members, and encourages community engagement as appropriate • raising awareness of the work of overview and scrutiny
3. OVERVIEW AND SCRUTINY STRATEGIC WORK PROGRAMME 2008/09
3.1 The work involves of the 8 Overview and Scrutiny Boards involves a mix of in-depth reviews, briefings, follow up of previous reviews, referrals, and monitoring. The Strategic Work Programme has been shaped from the agreed work plans and is attached as Appendix A.
3.2 It provides a forward look for the next 3 months, and also provides a mechanism to report back on the outcome of monitoring and assessment activities.
3.3 The Strategic Work Programme is updated and presented to every meeting of the Coordinating Group in order to enable the Group to discuss progress and the effectiveness of this work. The Group is also informed of any proposed new items of work coming out of the Boards during the course of the year.
3.4 Each Board is provided with a timetable of its work for the year as a standing item on each agenda to assist in reviewing progress and forward planning.
4. NEXT STEPS
4.1 Progress in relation to the Scrutiny Strategic Work Programme will be discussed at every meeting of the Coordinating Group and this will form the basis of a regular report to Council.
4.2 Council will be updated regularly on the Overview & Scrutiny Strategic Work Programme and progress in relation to the priorities of the eight Boards.
4.3 To encourage involvement in the work of the Boards, the Strategic Work Programme will also be published and available online and available to the public through the website (www.swansea.gov.uk/scrutiny), the overview and scrutiny blog (http://openswansea.cityandcountyofswansea.info/blog/) and featured in the 'Open Source' briefing.
FOR INFORMATION
Background Papers: None
Contact: Brij Madahar, Overview and Scrutiny Coordinator 01792 637257
Date: 16th February 2009
APPENDIX A Overview & Scrutiny Strategic Work Programme 2008/09 (February - March) - as at 17th February KEY: CYP – Children and Young People; ERC – Environment, Regeneration & Culture; FABI – Finance, Audit & Business Improvement; HSCWB – Health, Social Care & Well Being
1. Current Reviews Review Board Stage Next Steps Developing Cycling ERC Evidence Task & Finish Group to Action Plan Overview Gathering review evidence gathered, incl. response to public questionnaire Communities First ERC Evidence Visit to Townhill Scrutiny Gathering Communities First – 30/3/09 Medium Term FABI Evidence Task & Finish Group Financial Planning Overview Gathering evidence to be collected from WLGA & PwC Door to Door Rent HSCWB Draft Final Board Meeting on Collections Scrutiny Report 25/2/09 Effects of Child CYP Evidence Site Visit to Poverty on Scrutiny Gathering Employment Training - Educational 2/3/09 Attainment Progress Report to Board – 9/3/09 Task & Finish Group – 16/3/09: Consultation results and discussion on conclusions / recommendations Older People’s HSCWB Conclusions Discussion on Respite Services Overview conclusions / recommendations – 11/03/09 Integrated Service CYP Evidence Task & Finish Groups: Provision for Children Overview Gathering - 25/2/09: Evidence & Young People from Cabinet Member & Corporate Director 4/3/09: To discuss possible conclusions/ recommendations Progress Report to Board – 11/3/09
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/
2. Development of Community Strategy (agreed by Council 23rd Oct) Theme Board Activity Sustainable ERC Stakeholder Workshop held 23/1/09 - Development Overview report being compiled Equality & Diversity FABI Stakeholder Workshop held 27/1/09 - Overview report being compiled Community ERC Stakeholder Workshop held 16/2/09 - Regeneration Overview report being compiled Social Inclusion HSCWB Stakeholder Workshop to be held Overview 17/2/09
3. Previous Reviews Review Board Stage Progress Population Estimates & FABI Follow Action Plan – 23/2/09 The Census Overview Up Council’s e- FABI Follow Action Plan accepted - Government Scrutiny Up 22/10/08 Programme Monitoring Implementation – 25/2/09 Effective Partnership HSCWB Awaiting Scheduled for Cabinet – Working Scrutiny Decision 5/3/09 Social Services HSCWB Awaiting Scheduled for Cabinet – Community Transport Scrutiny Decision 5/3/09 School Occupancy and CYP Follow Further monitoring in Innovative Solutions Scrutiny Up conjunction with QEd 2020 – 9/3/09 Council’s Use of FABI Follow Action Plan accepted - Consultants Scrutiny Up 22/10/08 Monitoring Implementation – 8/4/09 Energy Management FABI Follow Monitoring Scrutiny Up Implementation – 8/4/09 School Attendance CYP Follow Action Plan accepted – Scrutiny Up 22/9/08 Monitoring Implementation – 20/4/09 Scrutiny Review of ERC Follow Progress report Relationship with Scrutiny Up accepted - 22/9/08 Statutory Undertakers To follow up response of statutory undertakers Working with the ERC Follow Action Plan accepted – Community to Reduce Scrutiny Up 26/1/09 Crime Monitoring Implementation – tba Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/ Compact with the FABI Follow Monitoring Voluntary and Overview Up Implementation - tba Community Sector Council Membership on ERC Follow Monitoring Development Trusts & Scrutiny Up Implementation - tba Community Partnerships Community Centres ERC Follow Monitoring Scrutiny Up Implementation – tba
4. Referrals Topic From Board Next Steps HMOs & Use Classes Council, ERC Report back to Council Order Aug 07 Overview – 26/2/09 Tackling Excess Council, ERC Report back to Council Packaging Aug 07 Overview – 26/2/09 United Cities and Local Council, FABI tba Government Campaign Jan 09 Overview “Stand Up & Take Action”
5. Scheduled Briefings Topic Meeting Date For Budget 2009/10 FABI Scrutiny 18/2/09 Board + representation from other non-Executive Councillors Local Democracy Councillor Forum 18/2/09 All Councillors Options to Improve FABI Overview 23/2/09 Board Member Engagement in Programmes & Projects Continuing Development FABI Overview 23/2/09 Board of Swansea's Local Service Board Regulatory Calendar FABI Scrutiny 25/2/09 Board Update QEd 2020 CYP Scrutiny 9/3/09 Board Temporary Bus Stops and ERC Scrutiny 9/3/09 Board funding of Bus Station NEETS Work CYP Overview 11/3/09 Board Reshaping Mental Health - HSCWB 11/3/09 Board Mental Health Vision Overview Swansea Digital Switch Over Councillor Forum 18/3/09 All Councillors Single Equality Scheme Councillor Forum 18/3/09 All Councillors Trading Standards and the Councillor Forum 18/3/09 All Councillors Economic Impact
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/ REPORT BACK
6. Monitoring & Assessments Item Board Date Assessment Strategic Waste ERC 15/12/08 Board considering quarterly Procurement Project Scrutiny updates – further update on 9/3/09 Performance & FABI 14/1/09 Performance in respect of the Financial Monitoring – Scrutiny Business Centre and 2nd Quarter improvement in sickness absence commended.
Some improvements suggested on the presentation of information.
Board following up on some indicators. Wales Audit Office ERC 26/1/09 Board requested report to be Report – Development Scrutiny referred to Council Control Swansea Metro Project ERC 9/3/09 Board carrying out monitoring Scrutiny of project - Board planning to undertake visit of full Metro bus route
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/ Overview & Scrutiny Unit – Contacts Board Support Children & Young People Scrutiny Michelle Roberts Children & Young People Overview Michelle Roberts Health, Social Care & Wellbeing Overview Delyth Davies Health, Social Care & Wellbeing Scrutiny Delyth Davies Environment, Regeneration & Culture Overview Spencer Martin Environment, Regeneration & Culture Scrutiny Spencer Martin Finance, Audit & Business Improvement Karen Shadrach Overview Finance, Audit & Business Improvement Brij Madahar Scrutiny Research Jenna Tucker Other Support Team Leader Dave Mckenna Overview & Scrutiny Coordinating Group Brij Madahar Business Forum Spencer Martin Councillor Forum Dave Mckenna / Michelle Roberts Better Swansea Partnership / Local Service Liz Jordan Board Councillor Training & Development Dave Mckenna / Delyth Davies Community Strategy Development & Review Dave Mckenna / Karen Shadrach Local Democracy Week Spencer Martin Stakeholder Survey / Web Editor Jenna Tucker
Telephone: Dave Mckenna O & S Manager 636090 Brij Madahar O & S Coordinator 637257 Karen O & S Coordinator 636292 Shadrach Delyth Davies O & S Officer 637491 Michelle O & S Officer 637256 Roberts Spencer Martin O & S Officer 636734 Jenna Tucker O & S Research Officer 637732 Liz Jordan Project Officer 637314
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/ Item No.16
Council – 26th February 2009
MEMBERS QUESTIONS UNDER PROCEDURE RULE 15
1. Councillor D. Phillips, J. Burtonshaw, A. Lloyd, B. Lloyd, C. Thomas, M. Child, R. Francis-Davies, C. Richards, R. Stewart
Unlike Swansea, the City of York did not need to undertake substantial roadworks to introduce bendy-buses. However, like Swansea, their introduction did not meet with universal acclamation. Indeed their size, unsuitability, unworkable electronic ticketing amongst other problems has led to them travelling mostly empty and to being universally despised and derided as an unnecessary expense.
The Yorkshire Evening Press described them as "...perhaps one of the most hated sights on our streets" (Friday 2nd January 2009). How does the relevant Cabinet Member/s intend to ensure that Swansea’s bendy-buses become as much-loved as the Mumbles Train?
Response of the Cabinet Member for Environment
As indicated in response to the previous question, the Metro service is a commercial service and its success depends on the successful introduction of the vehicles and longer term public support and patronage. The limited number of public outings of the vehicle in Swansea to date at the opening of the Landore Expressway and at Christmas has resulted in positive feedback from the public involved. First are committed and will continue to work in partnership with the Council to promote the concept. Lessons have been learnt from the introduction of the vehicles in York and Leeds, particularly in relation to ticketing, and First has retained the experience of the team used on both introductions who are also assisting with the introduction of the vehicles to Swansea. Passenger hosts are on board in both York and Leeds as they will be in Swansea. Passenger satisfaction in Leeds and York is high with 91% of passengers rating their most recent journey as good or better.
2. Councillor D. Phillips, J. Burtonshaw, A. Lloyd, B. Lloyd, C. Thomas, M. Child, R. Francis-Davies, C. Richards, R. Stewart
One of the earliest commitments of the Liberal-Democrat led Administration was to reduce litter on Swansea streets, cutting Special Responsibility allowances in order to pay for special street cleaning machines. Would the relevant Cabinet Member/s therefore explain how Swansea has now sunk to being amongst the dirtiest local authorities in Wales (Keep Wales Tidy All Wales Cleanliness Index)?
Response of the Cabinet Member for Environment
The Keep Wales Tidy All Wales Cleanliness Index was published two weeks ago. The headline results reveal that for litter Swansea is placed fifteenth out of the twenty two Councils in Wales.
However, the report looks at a range of issues which contribute to the overall Local Environmental Quality of the area. These reveal Swansea to be in the top third of areas for absence of dog fouling and vandalism, all of which contribute to the overall view on environmental quality.
The scoring mechanism used by the study scores streets highly where no litter or refuse is found and slightly less if some small items of litter, such as cigarette ends, are present even though the street is judged to be predominantly free from litter.
The KWT inspections revealed that 89.5% of the streets they inspected within Swansea were of a high or acceptable level of cleanliness and only 1 street was given a grade D (heavily littered). However, the presence of minor accumulations of litter can adversely affect the overall score. The Council recognises the need to improve further on performance and to deal more effectively with the smaller items of litter, such as cigarette ends and detritus. It is in the process of introducing a ‘street scene’ approach to its cleansing operations and has recently purchased small hand operated suction machines which enable the more effective removal of smaller items of litter. These measures together with the more effective enforcement now being implemented through Streetforce, to target those who drop litter, aim to improve overall cleanliness. It is, after all, the public who deposit litter, and part of the Streetforce work involves visiting schools to raise awareness and educate young people, and broader promotions through for example, offering smokers free “stubbies” to deposit their cigarette ends in.
3. Councillors R H Kinzett
Would the Cabinet Member outline the Authority's strategy for reaching the Welsh Housing Quality Standard by 2012?
Response of the Cabinet Member for Housing
As set out in a report to Cabinet in July 2008 and in a subsequent briefing note which was sent to all Councillors, achieving the Welsh Housing Quality Standard by 2012 is a Welsh Assembly Government (WAG) objective for all social housing in Wales. However, in Swansea, there is a significant shortfall between the amount of money the Council can access under current financial rules and the amount that needs to be spent in order to achieve this standard.
The policy of the WAG is that for authorities where such a shortfall exists, the only option to secure the additional investment is to transfer the stock to another Registered Social Landlord. It is also WAG policy that there can be no stock transfer without a ballot of tenants. Swansea Council tenants have previously rejected such a proposal in a confidential ballot.
Given these circumstances, it will not be possible to meet the Welsh Housing Quality Standard by 2012.
Since the ballot, Council officers have continued the dialogue with WAG Housing officials, and have been developing a target standard in consultation with tenants to achieve as much as possible of the Welsh Housing Quality Standard whilst bearing in mind that on the basis of the ballot result, the Council is the tenant’s landlord of choice.
However, this course of action has recently been deemed unacceptable to the WAG and, as a consequence, Council officers are continuing to negotiate with them and will consult tenants further to find a mutually acceptable way forward.
4. Councillor R H Kinzett
Would the Leader outline the Communications Plan adopted to inform all stakeholders regarding the news that the Care Council Wales had struck off a Swansea Council Social Worker at a Hearing held on Friday 23 January?
Response of the Leader
Following confirmation from the Care Council of its decision on Monday, January 26, officers advised that both the Care Council statement and the Council’s own corporate statement should be provided to stakeholders as a means of informing them. This was carried out by officers later that afternoon, using a combination of email, telephone and face-to-face discussions, as appropriate. Due to the significance of the Care Council decision, I, as Council Leader, took responsibility for informing Members. I informed the Swansea Administration Group during a meeting which commenced at 6pm and sent both statements by email to all Members shortly after 6pm so that Members across all Groups were informed at approximately the same time. As Members will be aware, officers and Cabinet Members routinely inform them of issues which may affect them. However, this process is largely ad-hoc because there is no guidance in place which sets out how and when Members should be informed about matters of interest. This inconsistency may cause confusion for both officers and Members, and the Chief Executive has asked officers to draft a protocol to address this issue.
5. Councillor D. Phillips, J. Burtonshaw, A. Lloyd, B. Lloyd, C. Thomas, M. Child, R. Francis-Davies, C. Richards, R. Stewart
The City & County of Swansea committed itself to supporting Swansea Vale Railway relocate from its current site. There is a considerable amount of heritage equipment that could be moved to safety at the Gwili Railway, but is currently rotting away at Upper Bank whilst the council dithers. Will the relevant Cabinet Member/s advise Council whether the Cabinet is going to honour the commitments made to the Railway and if so when?
Response of the Cabinet Member for Economic & Strategic Development
It is acknowledged that the Swansea Vale Railway Company has worked hard to safeguard its continued existence and that fruitful negotiations have taken place with the Gwili Railway. Officers have been working with representatives of the Company to develop the relocation option, including an assessment of costs. It is recognised that in addition to safeguarding the heritage features and equipment, the relocation would pave the way for the regeneration of the wider Upper Bank site and bring forward immediate economic development benefits. A report is being prepared identifying the best way forward and this will address the relocation issue.
6. Councillor D. Phillips, J. Burtonshaw, A. Lloyd, B. Lloyd, C. Thomas, M. Child, R. Francis-Davies, C. Richards, R. Stewart
Would the Leader and/or relevant Cabinet Member/s make a full statement to Council about the proposed 500 council job losses?
Response of the Cabinet Member for Business Improvement and Efficiency
Will Members please note the content of the letter circulated to all JCC representatives which is a clear indication of how we and our Trade Union colleagues are going to work to minimise the affects of the appalling settlement figure we had from WAG and unavoidable cost increases (eg, energy) and reduced income (lower interest rates).
Far more detailed information is available in the budget report books that show areas where we are working with our Trade Union colleagues.
7. Councillor R H Kinzett
Would the Cabinet Member outline the progress that Swansea is making to improve its SAP ratings with respect to domestic properties in the City & County?
Response of the Cabinet Member for Housing
SAP (Standard Assessment Procedure) is a Government standard for assessing the energy rating of dwellings. SAP 2005 uses a scale of 0-100. The higher the rating, the more energy efficient the property is.
The baseline SAP rating for housing across all tenures in Swansea, reported by the Council under the requirements of the Home Energy Conservation Act in 1997, was 42. By 2001/2 it had reached 46, by 2004/5 it was 53, and by 2006/7 it was 61. The overall average SAP had therefore increased by 19 over the 10 year period of the Council’s Home Energy Conservation Strategy, 1997-2006. On the figures reported to WAG over this period, Swansea’s performance was a 9.7% improvement, 9th best of the 22 Welsh local authorities.
In 2004/5, WAG introduced two new key performance indicators to measure improvements in home energy efficiency:
1. Percentage reduction in energy use, and; 2. Percentage reduction in the amount of C02 emissions.
Measured as a percentage against the baseline position in 1997, the Council’s performance as at 2007/8 is as follows:
1. 18.8% reduction in energy use and 2. 15.3% reduction in CO2 emissions
In 2007, the Wales Audit Office published a report on the performance of all Welsh local authorities in delivering home energy efficiency improvements. Swansea’s reported performance of a 14.3% reduction in energy use by 2006/7, was the best across Wales. The Audit Office’s overall assessment of Swansea was that it was a very effective service, which generally met targets, and had realistic plans in place to achieve further reductions in energy use and CO2 emissions.
8. Councillor R H Kinzett
Does the Leader stand by his remarks during the 2004 elections in which he made an attack upon the Labour-imposed Cabinet system of local government:
“has meant less information is getting to opposition and backbench Councillors, as well as to the public. Cabinet meetings are fully orchestrated affairs in which there is no real discussion or disagreement on key policies…[it has] destroyed much of what was good about local government”.
What plans does his Administration have to right this wrong?
Response of the Leader
The Labour Government decided to change the former Council and Committee governance structures in 1999, considering it to be out of date and inefficient:
‘The committee system does not work today. It is inefficient opaque and weakness local accountability. It is no system for the modern Council. People are not well served by it.
- Local Leadership, Local choice - paragraph 8.
As a result the Local Government Act 2000 was passed which required Councils to be governed by ‘Executive arrangements’ NOT the former Councils/Committee systems.
The Act requires Councils to be governed either by a directly elected Mayor and Cabinet, or a Council Manager, or a Leader and Cabinet.
The bulk of decisions are made by the Executive, either directly or through delegation to officers. The role of Council is generally limited to policy setting.
The vast majority of Councils, including Swansea adopted the Leader and Cabinet model.
There are ‘alternative arrangements’, but these are not applicable to Swansea.
Accordingly the Administration has to operate within the structure laid down by the Local Government Act 2000.
However there are considerable ways in which backbench Councillors can find out about the decision of Cabinet and hold it to account, including Overview and Scrutiny Committees, Councils questions, access to information provisions and call in procedures.
The Administration is also working towards a thematic review of the cabinet portfolios.
Accordingly, notwithstanding governance constraints imposed by the 2000 Act, we are doing everything possible to encourage open and participative local government.
9. Councillors D. Phillips, J. Burtonshaw, A. Lloyd, B. Lloyd, C. Thomas, M. Child, R. Francis-Davies, C. Richards, R. Stewart
The Cabinet will be aware that the introduction of bendy-buses in York led to substantial cuts in other bus services. What steps has/have the relevant Cabinet Member/s taken to ensure that this does not happen in Swansea? Will he/they advise Council what assurances he/they has/have received from First Group on this matter?
Response of the Cabinet Member for Environment
The Metro service is a commercial service as are the majority of services operated by First in Swansea. On this basis they receive little or no public subsidy. The route covers two existing corridors between Morriston and Swansea City Centre and the City Centre and the University. The continuation of any commercial services is dependent upon the revenue generated from passengers and are essentially a matter for the company. However there is close liaison with the Council on service changes. I have been advised that First continually monitors the return from its commercial services and makes service amendments as and when necessary. First has made a large investment in the purchase of the Metro vehicles, which indicates the confidence that the company has in the commercial success of Metro service.