Council Agenda
City of Westminster
Title: Council Meeting
Meeting Date: Wednesday 72 May 200 87
Time: 7.00pm
Westminster Council House Venue: 97-113 Marylebone Road, London NW1
Members: All Councillors are hereby summoned to attend the Meeting for the transaction of the business set out below.
Admission to the public gallery is by ticket, issued from the ground floor reception at Council House from 6.30pm.
Please telephone if you are attending the meeting in a wheelchair or have difficulty walking up steps. There is wheelchair access by a side entrance.
An Induction loop operates to enhance sound for anyone wearing a hearing aid or using a T transmitter. If you require any further information, please contact Nigel Tonkin.
Tel: 020 7641 2756 Fax: 020 7641 8077 Minicom: 020 7641 5912 Email: [email protected] Corporate Website: www.westminster.gov.uk
2 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 1. Appointment of Relief Chairman Margin
To appoint a relief Chairman.
2. Minutes
To sign the Minutes of the Meeting of the Council held on 1221 March 200 87.
3. Notice of Vacancy
To note that Councillor Michael Vearncombe, Member for Marylebone High Street ward, resigned from the Council on Tuesday 27 March 2007. A by- election to fill the vacancy is being held on Thursday 3 May 2007.
34. Lord Mayor's Communications
(a) The Lord Mayor to report that on Thursday 27 March she attended the State Banquet held at the Guildhall to mark the visit of the President of France and Madame Sarkozy.
(b) The Lord Mayor to report that on Thursday 10 April she held a lunch to mark the retirement of The Lord Imbert as Her Majesty’s Lord Lieutenant of Greater London.
(c) The Lord Mayor to report that on Monday 14 April she attended an evening of interfaith celebration at the West London Synagogue.
(d) The Lord Mayor to report that on Monday 21 April she sent a letter of loyal greeting, from the Councillors and Citizens of the City of Westminster, to Her Majesty The Queen - to mark her 82nd birthday.
(e) The Lord Mayor to report that on Monday 21 April she held a fundraising champagne tea party at the Hyatt Regency London – The Churchill. The event raised over £13,000 in support of her chosen charity, Carers Network Formatted: Indent: Left: 1.27 cm Westminster. Formatted: Font: Not Bold
(a)The Lord Mayor to report that, at the invitation of Her Majesty, he attended Formatted: Bullets and Numbering and greeted the President of the Republic of Ghana and Mrs Kufour at their formal arrival in the UK at the start of their State Visit to this country.
Council Agenda 72 May 200 87 3 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (b) The Lord Mayor to report that, alongside the Archbishops of Canterbury Margin and York, he led the Walk of Witness march – starting from Whitehall Place, Westminster – to mark the 200 th anniversary of the abolition of the Slave Trade.
(c) The Lord Mayor to report that, on behalf of the Council and Citizens of the City of Westminster, he sent loyal greetings to Her Majesty The Queen on the occasion of her birthday on 21 April.
45. Vote of Thanks
To the retiring Lord Mayor , Councillor Carolyn Keen and her escort Lady Mayoress , Mr Andrew Keen. Councillor Alexander Nicoll and Mrs Grania Nicoll.
56. Declarations of Interests (if any)
To receive declarations of interests from Members and Officers of the Council.
7. Public Interest Report of the District Auditor - Objection to the City Council’s Accounts for 2003/04 re: Settlement with Dame Shirley Porter and others
To consider the report of the Director of Legal and Administrative Pages Services and the appended Public Interest Report. 5 - 22
Formatted: Indent: Left: 0 cm, Hanging: 2.5 cm, Tab 68. Petitions and Deputations (if any) stops: 1.25 cm, Left + 2.5 cm, Left + Not at -1.93 cm + -1.27 cm + 0 cm + 1.27 cm + 2.06 cm + 3.17 cm + 5.08 cm + 6.35 cm + 7.62 cm + 8.89 cm + 10.16 (a) Councillor Christabel Flight to present a petition on behalf of cm + 11.43 cm + 12.7 cm + 13.97 cm + 15.24 cm + Westminster Older People’s Action calling on the City Council to 16.51 cm + 17.78 cm + 19.05 cm + 20.32 cm + implement a number of measures for the benefit of the elderly in 21.59 cm + 22.86 cm + 24.13 cm + 25.4 cm + 26.67 Westminster, including ensuring home care workers stay the full cm + 27.94 cm + 29.21 cm + 30.48 cm + 31.75 cm allocated time and do the work specified in the Care Plan properly; + 33.02 cm, Position: Horizontal: 0 cm, Vertical: 0 cm
Council Agenda 72 May 200 87 4 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: allowing visitors of older residents to use Westminster’s residents’ Margin parking bays; advertising the pavement hotline on streetlamps; and marking dropped kerbs with yellow lines so that they cannot be illegally parked. Formatted: Font: Not Bold
Formatted: Tab stops: 2.5 cm, Left + Not at 2.06 cm (b) To receive any other petitions or deputations. Formatted: Font: Not Bold
7.9 Questions
(Standing Order 9 limits the questions to matters relevant to the general work or procedure of the Council).
810 . Councillor Issues
(a) Councillor David Boothroyd Aziz Toki – Voluntary Grants and Monitoring Council leaseholders
(b) Councillor Philippa Roe Gwyneth Hampson -–– The new European Air Quality Directive and its potential implications for Londoners and local government.Let’s Skip the Rest – dealing with waste
911 . Statements on Urgent Matters Pursuant to Standing Order 4(3) (if any)
(Standing Order 4(3) provides that with the approval of the Chairman of the Meeting, the Leader of the Council may make a statement on an urgent matter and the Leader of the Opposition will have an equivalent right to reply).
Council Agenda 72 May 200 87 5 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
102. Cabinet Reports
To receive and consider the following Cabinet reports:-
(A) Cabinet Reports Pages
Date
17 March 6 - 9 Formatted: Font: Not Bold, No underline 146 April 10 - 1423 - 26
(B) Cabinet Committee Reports
Date
3 March 15 -16
Date
11 April (Building Schools for the Future) 27
(C) Individual Cabinet Member Decisions
Period
18 March 2007 to 2419 April 200 87 17 - 3528 - 39
113. Committee Reports
To receive and consider the following Committee reports:
Committee Date Pages
Children and Young People 31 March 36 - 37 Formatted: Tab stops: 9.25 cm, Left + Not at 8.89 Audit and Performance 31 March 38 cm Built Environment 1 April 39 - 42 Resources and Corporate Services 8 April 43 - 45 * General Purposes 10,14 & 22 April 46 - 47 * General Purposes 14 April 48 Health and Community Services 16 April 49 - 51 Westminster Scrutiny Commission 22 April (To Follow)
Council Agenda 72 May 200 87 6 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Audit and Performance 23 April 52 - 53 Margin Standards 29 April (To Follow)Resources and Corporate Services 26 March 40 - 41 Health and Community Services 2 April 42 - 44 Built Environment 3 April 45 - 48 Children and Young People 4 April 49 Westminster Scrutiny Commission 17 April 50 - 51 * General Purposes 20 April 52 Audit and Performance 24 April To Follow Formatted: Tab stops: 9.25 cm, Left + Not at 8.89 cm
*There is a recommendation for decision in the above report.
124. Notice of Motion – Street Markets
(a) Affordable Housing Formatted: Bullets and Numbering
To be moved by Councillor David Boothroyd and seconded by Formatted: Indent: Left: 2.54 cm Councillor Guthrie McKie:
“That the Council notes that the Planning and City Development Committee agreed on 2 August 2007 to grant permission for the redevelopment of French Railways House, 177-179 Piccadilly, W1, with no contribution towards the affordable housing fund despite including residential space equivalent to 15-17 units; notes further that when the Mayor of London intervened to direct refusal because of the lack of affordable housing, the applicant immediately offered the £591,000 contribution requested by the Mayor, such that permission has now been granted; applauds Councillor Grahame for insisting at the Committee that an affordable housing contribution be made; applauds Mayor Livingstone for fighting for affordable housing in Westminster; calls on Councillors Argar, Doyle, Hyams, Moss and Page to apologise for their failure to do likewise; and condemns Councillor Harvey for misrepresenting the affordable housing policies of the Mayor and the Council in her comments to the Evening Standard as reported on 3 rd Formatted: Superscript April 2008”.
Council Agenda 72 May 200 87 7 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
To be proposed by Councillor Audrey Lewis and seconded by Councillor Steve Summers:
“This Council recognises the important contribution that street markets make in providing consumer choice and building community life and character in their neighbourhoods and welcomes the recognition that street markets are receiving through schemes such as Westminster's Market Trader of the Year competition.
To strengthen our existing street markets this Council agrees that the people who shop in and live near street markets and the traders who work there should be given a larger say in how they are managed."
Westminster City Hall Victoria Street London SW1 250 April 200 87 Director of Legal and Administrative Services Formatted: Indent: Left: 0 cm, Hanging: 10.16 cm, Tab stops: 0 cm, Left + 2.06 cm, Left + 3.17 cm, Left + 11.43 cm, Left + 13.97 cm, Left + 15.24 cm, Left + 16.51 cm, Left + 17.78 cm, Left + 19.05 cm, Left + 20.32 cm, Left + 21.59 cm, Left + 22.86 cm, Left + 24.13 cm, Left + 25.4 cm, Left + 26.67 cm, Left + 27.94 cm, Left + 29.21 cm, Left + 30.48 cm, Left + 31.75 cm, Left + 33.02 cm, Left + Not at 0 cm, Position: Horizontal: 0.42 cm, Vertical: 0.42 cm
Council Agenda 72 May 200 87 8 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
CITY OF W ESTM INSTER Formatted: Title
Formatted: Title, Indent: Left: 0 cm Executive Sum m ary and R ecom m endations
Sum m ary
The District Auditor Formatted: Title, Indent: Left: 0 cm, First line: 0 cm issued a Public Interest R eport on 15 th M arch 2007 2007 concerning his rejection of certain
Council Agenda 72 May 200 87 9 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin objections to the City C ouncil’s accounts for C ouncil’s accounts for the year 2003/4. Formatted: Title, Indent: Left: 0 cm The City Council is now Formatted: Title, Indent: Left: 0 cm, First line: 0 cm required to consider the report and decide what action w hat action (if any) to take in response. A notice containing a sum m ary of what has been decided (which m ust have been approved by the Auditor)
Council Agenda 72 May 200 87 10 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin has to be published in a new spaper circulating in the area of the City Council.
The subject m atter of the report concerns objections to the City C C ouncil’s accounts for 2003/4 by the Leader of the Opposition, C ouncillor Dim oldenberg, and others, follow ing the settlem ent of £12.3m agreed with D am e Shirley Porter and others in April 2004 in
Council Agenda 72 May 200 87 11 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin respect of sum s she had been ordered to pay the C ity Council by w ay of “surcharge”, interest and costs in relation to the so called “H om es for Votes” affair. The total sum due at the tim e of the settlem ent was in the order of £44m and the objection was m ade on the basis that the C ity Council failed to recover the full am ount due.
Council Agenda 72 May 200 87 12 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
O n every m ajor issue considered by the D istrict Auditor, the argum ents of the argum ents of the objectors have been rejected and the position m aintained by the City C ouncil throughout, upheld.
A copy of the Public Interest Report is attached as Appendix 1. Formatted: Title R ecom m endations: Formatted: Title, Indent: Left: 0 cm, First line: 0 cm
Council Agenda 72 May 200 87 13 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Formatted: Title, Indent: Left: 0 cm 1. That the District Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Auditor’s Public Interest report of 15 th M arch 2007 be noted and no further action be taken in respect thereof, save for the publication of the statem ent referred to in paragraph 2.2 below
2. That the statem ent set out in Appendix 2 be approved.
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Council Agenda 72 May 200 87 14 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Council Meeting City of W estm inster
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Council Agenda 72 May 200 87 15 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Title of Public Interest Formatted: Title, Left Formatted: Title R eport: R eport of the D istrict Auditor (Objection to the City C ouncil’s Accounts for 2003/04 re. Settlem ent w ith Dam e Shirley Porter and Others)
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Council Agenda 72 May 200 87 16 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin R eport D irector of Formatted: Title, Left Formatted: Title of: Legal and Adm inistrative Services
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Council Agenda 72 May 200 87 17 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Financi The total costs Formatted: Title, Left Formatted: Title al of responding sum m a to the ry: O bjection and in respect of the District Auditors fees are estim ated at £427,000 w hich will be apportioned between the G eneral Fund and the H ousing R evenue Account.
Council Agenda 72 May 200 87 18 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Formatted: Title, Left R eport C olin W ilson Formatted: Title Formatted: Title, Left Author: Formatted: Title
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Council Agenda 72 May 200 87 19 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CABINET ON 17 MARCH 2008 Margin
The following Members of the Cabinet were present:
Councillors: Colin Barrow - Deputy Leader and Cabinet Member for Finance and Support Services Ian Adams - Cabinet Member for Adult Social Services Daniel Astaire - Cabinet Member for Customer and Community Services Alan Bradley - Cabinet Member for Street Environment Danny Chalkley - Cabinet Member for Transport and Economic Development Angela Harvey - Cabinet Member for Housing Audrey Lewis - Cabinet Member for Community Protection and Licensing Sarah Richardson - Cabinet Member for Children’s Services
1. Proposed Closure of Pimlico School as a Community School and its re-opening as an Academy in September 2008
(a) We reported to the Council in November last year that we had agreed (i) the offer of an invitation to the Future charity as nominated sponsor to join the Council in submitting an Expression of Interest in creating a new school, the Pimlico Academy from September 2008 and (ii) the proposed timescale for the closure of the Pimlico Community School and authorised the undertaking of all necessary statutory procedures, including formal consultation and publication of statutory notices in connection with the closure.
(b) The statutory consultation on the proposed closure of Pimlico as a community school and its re-opening as an Academy in September 2008 took place between 29 October and 7 December 2007. Following this the Cabinet Member for Children’s Services decided, in the light of the responses and the views of stakeholders (including the Children and Young People Overview and Scrutiny Committee) that statutory notices proposing the closure of Pimlico School should be published. The period for representations following the publication of statutory notices ended on 15 February 2008.
(c) We have now received a report summarising the representations received up to the date of publication of the report and seeking a decision on whether or not the Council should formally close Pimlico School as a community school on 31 August 2008 (dependent on approval to open a new Academy by the Secretary of State).
Council Agenda 72 May 200 87 20 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (d) We were reminded (i) of the responsibilities placed on the Local Authorities by Margin the Education and Inspections Act 2006 which clarified the core role of Councils in respect of schools and placed new duties on local education authorities and (ii) of the benefits that Academy status would bring.
(e) In addition to the report we considered further representations received between publication of the report and 17 March and received legal advice from the Director of Legal and Administrative Services. In light of all the information before us we took the view that the pursuit of Academy status would be the quickest way of ensuring better educational standards and would be in the best long term interests of pupils whilst preserving the diversity and choice of schools and promoting the fulfilment of children’s potential. At the same time we acknowledged the strength of opposition expressed in the responses to the publication of the statutory proposals and the genuineness of the concerns put forward but concluded that the proposals were valid and that the best way to achieve the statutory requirements was the closure of Pimlico School as a community school and its reopening as an academy.
(f) We therefore agreed, having considered the representations received in response to the publication of statutory proposals, to close Pimlico Community School with effect from 31 August 2008, subject to the Secretary of State for Children, Schools and Families entering into a Funding Agreement with the Future charity (or Trustees on behalf of the charity or charitable body to be established) by 31 August 2008 approving the establishment of a Pimlico Academy on the same site with effect from 1 September 2008. We have also agreed to the Council entering into the necessary agreements with the proposed Sponsor, the Trustees of the proposed Pimlico Academy or any other persons or body established to represent the proposed Sponsor or Academy.
2. Annual Audit and Inspection Letter
(a) We have considered the Annual Audit and Inspection Letter (which has been circulated separately to all Members of the Council) which provides an overall summary of the Audit Commission’s assessment of the Council, drawing on audit, inspection and performance assessment work carried out during the course of the year.
(b) The Audit Commission’s conclusions are that the Council provides excellent value for money and is improving strongly.
(c) The Audit Commission has identified that action is needed by the Council to (i) continue developing means by which all involved in delivering local services work together effectively, in particular through local area agreements; (ii) monitor risks to services provided through contracts with third parties; and (iii) take steps to improve arrangements for financial reporting.
(d) We have noted the Annual Audit and Inspection Letter and approved the responses to the areas identified for action.
Council Agenda 72 May 200 87 21 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 3. Theatreland Strategy Margin
(a) We have reported previously to the Council on the Theatreland Initiative through which the Council is working alongside the theatre industry and other key stakeholders in the West End to strengthen the identity of London’s theatre district, put the “sparkle” back into Theatreland and bring about comprehensive public realm improvements to the area.
(b) We have now received a report on the results of the public consultation on the draft Theatreland Strategy and the suggested officer responses to comments received.
(c) The Strategy, which has been widely welcomed, highlights the principles on which concept designs for the Theatreland identity and streetscape improvements will be based. It also outlines various issues and actions identified from previously commissioned studies and early engagement with key stakeholders.
(d) In adopting the final version of the Strategy we noted that there is a shortfall between the estimated cost of the investment to support it and the current provision in the capital programme. As a result efforts are being made to secure external funding to meet the funding gap.
4. Draft Concept Designs for Leicester Square
(a) We reported to the Council in December last year that we had agreed to go out to public consultation on the draft concept plans for major improvements to Leicester Square, its gardens and surrounding side streets.
(b) We have now considered a report on the outcome of the consultation. There was general support for most aspects of the proposals and the draft designs have received a high level of positive media interest.
(c) We have therefore given in principle agreement to the proposed financing and phasing of the scheme and agreed that tenders be sought. There is provision in the capital programme for the Council’s contribution which will be utilised to match fund contributions by Heart of London. We have also agreed to release £800k from the Transport for London (TfL) contribution in order to progress to initial and detailed design stages of the scheme.
5. Adoption of Amended Enforcement Policy
(a) We have received a report on the new statutory Regulators’ Compliance Code effective from 6 April 2008 which local authorities are obliged to have regard to in respect of many of their functions.
(b) The purpose of the new code is to embed a risk-based, proportionate, targeted and flexible approach to regulatory inspection and enforcement among the regulators it applies to.
Council Agenda 72 May 200 87 22 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (c) The Council’s current Enforcement Policy, adopted by us in June 2003, has Margin been amended to reflect the new requirements of the Regulators’ Compliance Code and we have adopted the revised version with effect from 6 April 2008.
COLIN BARROW, Chairman
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Local Government (Access to Information) Act 1972 – Background Papers Report and Minutes of the Cabinet Meeting on 17 March 2008
Council Agenda 72 May 200 87 23 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CABINET ON 14 APRIL 2008 Margin
The following Members of the Cabinet were present:
Councillors: Sir Simon Milton - Leader of the Council Colin Barrow - Deputy Leader and Cabinet Member for Finance and Support Services Robert Davis - Chief Whip and Cabinet Member for Planning Ian Adams - Cabinet Member for Health and Adult Social Services Daniel Astaire - Cabinet Member for Customer and Community Services Alan Bradley - Cabinet Member for Street Environment Danny Chalkley - Cabinet Member for Economic Development and Transport Sarah Richardson - Cabinet Member for Children’s Services Angela Harvey - Cabinet Member for Housing Audrey Lewis - Cabinet Member for Community Protection and Licensing
Also Present: Councillors Alastair Moss, Melvyn Caplan and Harvey Marshall
1. Strategic Review 2008
(a) We have considered the annual Strategic Review report covering achievements over the past year (2007/08) and setting out the City Council’s priorities over the next 12 months taking account of the Leader’s Speech to the Council on 5 March 2008. The report also included the Government Relations and Lobbying Priorities for the coming year.
(b) Last year’s One City programme provides a successful platform on which to build and the report set out details of the third year of One City, comprising 30 individual projects grouped under the four underpinning themes of One City – Order, Opportunity, Enterprise and Renewal. This is the most ambitious programme to date and will need to be delivered against the backdrop of the tight financial settlement, the economic turndown and a new regulatory framework.
(c) We have endorsed the Strategic Review and the One City Programme for 2008/09.
Council Agenda 72 May 200 87 24 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2. Every Older Person Matters – 2008/09 Programme Margin
(a) We received a report updating us on the development of the EOPM policy for improving the life experiences of older residents and setting out a series of new services and initiatives to take EOPM into its second year.
(b) The 2008/09 programme has been shaped through the widest ranging consultation with older residents ever undertaken in Westminster as well as at discussion groups organised by older people themselves.
(c) The City Partnership has recently agreed to adopt EOPM as a partnership policy and opportunities for all partners to contribute to the development of the programme will be taken forward during this year.
(d) We agreed the targets and deliverables for EOPM detailed in the report and we also agreed to a proposal to establish an EOPM fund for service developments that will directly benefit older residents and to which departments will be able to make bids during the year.
3. Arts and Culture Strategy
(a) We have received the new Strategy for Arts and Culture which reflected the responses received during consultation with arts and cultural organisations, Members and the public, together with an associated Action Plan.
(b) Under the Strategy the Council’s role is, in the main, to enable and broker improved partnership working with the cultural sector rather than to be a provider. There is also an emphasis on increasing the opportunities for young people to participate in cultural activities which features as a project in the new One City Programme.
(c) We have approved the Strategy and Action Plan which will help the City Council to fulfil its ambition of Westminster being the best place in the world to live and grow up in.
4. Validation of Achieving Transformational Savings Targets to Trigger New Reward Arrangements; Remuneration Strategy
(a) We considered reports on the above which included views expressed by the Audit and Performance Committee and the Resources and Corporate Services Overview and Scrutiny Committee. Details are included in the reports to Council from these two Committees elsewhere on the Council Agenda.
(b) The process for triggering the new Reward arrangements involved a three stage validation – by officers, by the Audit and Performance Committee and final sign off by the Cabinet and required ongoing transformational savings of at least £10m per annum to be delivered to trigger Reward. Officers had validated that WorkSmart had delivered a total of £13.7m in transformational
Council Agenda 72 May 200 87 25 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: benefits prior to 31 March 2008 to be offset against the anticipated cost of Margin delivering the new Reward arrangements and the costs of enhancing the IT provision to support future transformation. The combination of the two was estimated to cost in the region of £1m, leaving a net £12.7m, which is in excess of the £10m target.
(c) Councillor Melvyn Caplan, the Chairman of the Audit and Performance Committee, was present at our meeting to explain his Committee’s consideration of both issues (ie Validation of Savings and Remuneration Structure). The Committee had requested supplemental information on savings to be submitted to the Resources and Corporate Services Overview and Scrutiny Committee. This had been done and the Overview and Scrutiny Committee had been satisfied that savings had been achieved sufficient to trigger reward.
(d) In respect of the Remuneration Strategy we received (i) draft proposals for replacing the existing pay and performance pay structure with a “fit for purpose” remuneration structure focusing on rewarding performance and increased contribution and (ii) an update on the current consultation taking place with staff representatives. The intention is for the new structure to support the City Council’s One City ambitions through promoting a higher skilled and higher remunerated workforce.
(e) As referred to above the proposals have been examined by the Audit and Performance Committee and the Resources and Corporate Services Overview and Scrutiny Committee. Both Committees had submitted constructive comments and had agreed that, overall, the proposals represented the best way forward. We thanked both Committees for the excellent way they had worked together to examine both issues. We also thanked all involved in the delivery of savings.
(f) We agreed that having exceeded the commitment to deliver £10m in cashable ongoing benefits by 31 March 2008, approval be given to the new Reward proposals being triggered.
(g) We have also approved the approach being taken by the Director of Human Resources on developing the new remuneration structure in line with the draft proposals submitted to us, and in making every effort to reach a negotiated agreement with staff representatives, we have authorised him to conclude negotiations in order that the new pay and grading structure can be introduced by Autumn 2008 (backdated to April 2008).
(h) A further report will be submitted to the Cabinet in Summer 2008 once the consultations with staff representatives have been concluded.
Council Agenda 72 May 200 87 26 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 5. Westminster Adult Education Service (AES) – Property Margin Strategy
(a) We last reported on the AES property strategy to the Council in January and we have now been updated on progress with both the property strategy and the AES service strategy.
(b) The main aim is to replace the existing premises used by the AES with a purpose built centrally located facility and three new satellite centres. The London Regional Committee of the Learning and Skills Council have approved capital grant funding of £9.2m towards developing the purpose built centrally located facility on the Moxon Street site. Final approval to this funding is due to be given by the National Learning and Skills Council at the end of the month.
(c) We were advised of work undertaken to identify the most suitable site for the new purpose-built centrally located facility and the reasons why the Moxon Street site was being recommended rather than the Chiltern Street site.
(d) After discussion we took the view that the Moxon Street site was the most appropriate based on current information and advice. However in view of representations received from the Ward Members for Marylebone High Street, who were seeking a deferment of any decision, we decided that there should be an opportunity to discuss options further with the Ward Members in case there were considerations which had not been taken into account. These discussions are to be concluded by the end of the month.
6. Corporate Office Strategy
(a) We last reported to Council on the corporate office strategy in July 2007.
(b) We have now received an update report on the options available to address problems which currently exist with the standard of the Council’s office accommodation. A final report from Knight Frank is expected very soon and once this has been received a detailed report will be prepared for submission to the relevant Cabinet Committee.
(c) In the meantime we decided (i) to reject the offer of Wellington House as a future base for the City Council in the south of the City (Members of the Cabinet Committee had inspected the premises and did not consider them to be suitable) and (ii) not to support the current set of proposals for changes to the City Hall foyer, signage and displays. Nevertheless it is clear that improvements are required to the City Hall foyer and we have asked that an alternative refurbishment scheme be drawn up which retains the City Council’s identity but at the same time makes it clear, through appropriates signage, etc that other tenants occupy floors in City Hall.
Council Agenda 72 May 200 87 27 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (d) We also gave guidance on the overall strategy, which will be the subject of the Margin report to the Cabinet Committee referred to above, specifically (i)that the Council retain a civic base in the south of the City (and that this need not necessarily be freehold), (ii) that the Council maintains its support for Council House, and (iii) that the importance of supporting staff affected by the implementation of the strategy, and ensuring that the Council continues to attract and retain staff in the office locations it is intended to use in the future, be taken into account within the strategy itself.
SIR SIMON MILTON. Chairman
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Local Government (Access to Information) Act, 1972 – Background Papers Reports and Minutes of the Cabinet meeting held on 14 April 2008 Formatted: Indent: First line: 0 cm
Council Agenda 72 May 200 87 28 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE COMMITTEE OF THE CABINET ON 3 MARCH 2008 Margin Formatted: Font: Arial Bold, Font color: Auto The following Members of the Committee of the Cabinet were present:-
Councillors Sarah Richardson (Chairman), Councillor Sir Simon Milton and Councillor Colin Barrow
1. Building Schools for the Future (BSF) - Approval of Final Formatted: Font: 14 pt, Bold Business Case, Authority to Complete Legal Agreements and Formatted: Indent: Left: 0 cm Financial Matters Formatted: Font: 14 pt, Bold
Formatted: Font: 14 pt, Bold (a) We considered a confidential report on the progress of the procurement process for the BSF programme, which provided information on (i) the costs of Formatted: Font: 14 pt, Bold decant at Westminster City School; (ii) the changes required by the Planning Formatted: Bullets and Numbering Committee as a result of the meetings held in October and December 2007; and (iii) post-tender changes to the list of staff to be transferred and other adjustments under the ICT Services contract.
(b) We noted that, in order to proceed with the BSF procurement process and Formatted: Bullets and Numbering achieve financial close, the additional financial implications of the BSF programme must be considered and the additional expenditure to the authority agreed.
(c) We discussed an impending meeting with the Academies Division to discuss Formatted: Font: 12 pt, Not Bold recovering costs in relation to the Interim Executive Board (IEB) for Pimlico Formatted: Bullets and Numbering School; various issues relating to contingency funding, including the hypothecating of contingency funds to BSF purposes; and the likelihood of Formatted: Font: 12 pt, Not Bold Pimlico School benefiting from funding, as part of new Government proposals to reduce carbon emissions in new school buildings.
(d) In particular, we discussed matters affecting the procurement process ‘critical Formatted: Font: 12 pt, Not Bold path’ and noted that finalising the technical schedules and preparing the ICT Formatted: Bullets and Numbering services contract for School Governing Body signature were the key critical matters. We also considered arrangements for management and leadership continuity following the departure of the Chief Executive and the Director of BSF.
(e) We noted that a large proportion of the additional project costs could be met Formatted: Bullets and Numbering from additional funds that had become available, but that the Council would need to fund the design changes required by the Planning Committees of October and December 2007 and we agreed to fund this in the amount of £598k. We also authorised Officers to conclude a variety of property and legal agreements.
Councillor Sarah Richardson, CHAIRMAN
______
Council Agenda 72 May 200 87 29 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Local Government (Access to Information) Act 1972 – Background Papers The agenda and reports* for the Committee of the Cabinet Meeting on 3 March 2008.
*Confidential by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) in that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information).
Formatted: Centered
Council Agenda 72 May 200 87 30 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Reports of Decisions and Recommendations (if any) to the Council Margin of Individual Cabinet Members for the Period Formatted: Font: 14 pt, Bold 1 March 2008 – 24 April 2008 The following issues are referred to the Council for information:
THE LEADER (Councillor Sir Simon Milton)
1. Petition Calling for the Condemnation of Intolerance Against Gay People in Moscow – 1 March 2008
Councillor Sir Simon Milton confirmed that any intolerance based on sexual Formatted: Font: Not Bold preference is deplored by the City Council, which has an ambitious agenda to embed and promote equalities throughout its policies and services. He agreed that the petitioners be advised of this decision. Formatted: Font: Not Bold
2. One City – Partnership with the Muslim Community to Develop Formatted: Font: 14 pt, Bold a North Westminster Community Centre – 17 March 2008
Councillor Sir Simon Milton approved: Formatted: Font: Not Bold
1. Expenditure of £200k, to be met by the One City Fund, for Stage One of Formatted: Bullets and Numbering the Muslim Community Partnership Project to build a community centre in North Westminster.
2. The delegation of authority to the Director of Finance and Resources to Formatted: Bullets and Numbering enter into such legal agreements with other persons or bodies as may be needed or appropriate for the achievement of Stage One of the Muslim Community Partnership Project and to oversee the implementation of Stage One (including supervising the use of the £200k fund proposed in this report).
3. The granting of a waiver from the need to comply with the Council’s Formatted: Bullets and Numbering Procurement Code in relation to commissioning project management from the team who developed the Muslim Cultural Heritage Centre.
3. Local Area Agreement Funding 2008-9 – 17 March 2008
Councillor Sir Simon Milton gave approval for the existing core management structures to be funded for 2008/9 and the projects set out in the report to be funded for the first two quarters.
4. One City Support for Westminster and Minority Business Council – 17 April 2008
Councillor Sir Simon Milton gave approval to funding of £300,000 over 3 years from the One City fund being given to the Westminster Small and Minority Business Council to support their business growth.
Council Agenda 72 May 200 87 31 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: CABINET MEMBER FOR FINANCE AND SUPPORT SERVICES Margin (Councillor Colin Barrow)
5. Transfer of the Leadership for Local Government to LGA – 3 March 2008*
Councillor Colin Barrow agreed: Formatted: Space After: 0 pt
1. That approval be given to the transfer of the Leadership Centre from Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, Westminster City Council to the agreed new host employer (likely to be Space After: 0 pt, Tab stops: 2.25 cm, List tab + Not the LGA, subject to confirmation) with effect from a date to be agreed by at 2 cm the Director of Organisational Change, anticipated as 30 September Formatted: Bullets and Numbering 2008. Formatted: Indent: Left: 1.25 cm, Space After: 0 pt, 2. That the contracts for 5 of the 6 existing Leadership Centre employees No bullets or numbering currently employed by WCC until 31 March 2008 be extended to 30 Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, September 2008 to allow for The Transfer of Undertakings (Protection of Space After: 0 pt, Tab stops: 2.25 cm, List tab + Not Employment) Regulations 2006 transfer process to take place. at 2 cm Formatted: Bullets and Numbering 3. That in the event that it should not be possible to redeploy the one Formatted: Space After: 0 pt, No bullets or member of staff whose contract it is not proposed to extend beyond 31 numbering March 2008, it be agreed that the employee be declared redundant with effect from 31 March 2008 and paid benefits in accordance with the Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, Space After: 0 pt, Tab stops: 2.25 cm, List tab + Not Council’s Discretionary Compensation Policy. at 2 cm
4. That an initial grant of £480,000 be provided to the Leadership Centre Formatted: Bullets and Numbering once its charitable status is confirmed by the Charities Commission. Formatted: Space After: 0 pt, No bullets or numbering 5. That the Director of Organisational Change, in consultation with the Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, Director of Finance and Resources, be authorised to transfer any Space After: 0 pt, Tab stops: 2.25 cm, List tab + Not remaining balance of the grant sums to the Leadership Centre at the at 2 cm conclusion of the transition period. Formatted: Bullets and Numbering Formatted: Space After: 0 pt, No bullets or 6. Gateway Primary School Expansion Project – Approval numbering Sought for the Project’s Overspend and for the Release of Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, Further Capital Funds to Complete the Project 5 March 2008* Tab stops: 2.25 cm, List tab + Not at 2 cm Formatted: Bullets and Numbering Councillor Colin Barrow agreed: Formatted: Font: 12 pt
1. That , subject to the Cabinet Member receiving a further report when the claim referred to in 5 below has been negotiated and independently certified as reasonable, the overspend on the project be approved for the reasons explained in the report.
2. That approval be given to an increase in the overall budget for the Gateway project as recommended in the report in order to cover the anticipated final account of the contractor, Crispin and Borst, in the sum set out in the report.
Council Agenda 72 May 200 87 32 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 3. That approval be given to the release of additional capital monies of Margin £1,044,000 for the Gateway project under Finance Regulation B8, these capital monies to be funded from under spending on the 2007/08 Capital Programme.
4. That it be noted that the project’s Contract Administrator (Architects Shepherd Epstein Hunter – SEH), the Auditor (JR Knowles) and the City Council’s Property Division are contesting the contractor’s Loss & Expense claim for prolongation of the project and additional costs, with a view to settling this claim at a lower figure, but that for overall budget funding purposes the full claim be allowed in the anticipated final account figure set out in the report and a settlement not in excess of these figures be agreed.
5. That it be noted that the Auditor will not approve the sign off of the final account and settlement with the contractor until he is satisfied the contractor’s claims are justified and correct and he is satisfied the City Council has achieved overall value for money for the project.
7. Award of Contract for the Council’s Insurance Policies – 11 March 2008*
Councillor Colin Barrow agreed:
1. That all of the Council’s Insurance Policies (including Claims Handling) Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm be awarded to Risk Management Partners Ltd (RMP) for a period of 3 years, with an option to extend at the Council’s sole discretion for period up to a further 2 years.
2. That the Director of Finance and Resources and the Director of Legal and Administrative Services be authorised to agree any minor amendments to the detail of the cover deemed necessary and to conclude the policy documentation accordingly.
3. That the Director of Finance and Resources be authorised to negotiate any variations to the contract price that become necessary as a result of changes to the Council’s Insurance cover requirements, but not exceeding a total of more than 10% of the contract sum subject to the necessary budget approvals.
4. That a waiver be granted to the Council’s Procurement and Contracts Code so that, if necessary, the contract can be entered into by way of letter accepting the successful tenderer’s offer, rather than as a Deed either under seal or signed by two officers.
Council Agenda 72 May 200 87 33 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 8. Award of the Council Tax and Business Rates (NNDR) Printing Margin and Mailing Service – 14 March 2008*
Councillor Colin Barrow agreed that the contract for the Council Tax and Business Rates (NNDR) Printing and Mailing Service be awarded to DSI Billing Services Ltd for a period of 5 years, with an option to extend at the Council’s sole discretion for periods up to a further 3 years and that the Director of Finance and Resources be authorised to negotiate any variations to the contract price that become necessary as a result of changes to the service levels that are required but not exceeding a total of more than 10% of the contract sum subject to the necessary budget approvals.
9. Streamlining the Structure of the Finance and Resources Department – 25 March 2008
Councillor Colin Barrow agreed: Formatted: Font: Not Bold
1. That the structure of the Corporate and Central Support elements of the Finance and Resources Department set out in Appendix 1 and Appendix 2 of the report be deleted and replaced with the structure set out in Appendix 3 at a date to be agreed between the Director of Finance and Resources and the Director of Human Resources, with grades to be determined by the Director of Human Resources where appropriate.
2. That should it not be possible to re-deploy staff affected, they be declared redundant at a date to be agreed by the Director of Finance and Resources and the Director of Human Resources and paid benefits in accordance with the Council’s Discretionary Compensation Policy.
10. Early Retirement Request under the “85 year rule” – 1 April 2008*
Councillor Colin Barrow concurred with the decision of the Cabinet Member for Children’s Services that the early payment of pension benefits for the person named in the report, under the “85 year rule”, be made with effect from 1 st April 2008.
11. Development Planning Services – Resourcing Major and Strategic Applications – 2 April 2008
Councillor Colin Barrow agreed the following additional resources (to be funded through the LABGI scheme): three Senior Design officers; two Planning Co-ordinators; one Planning Conditions Monitoring Officer and funds for specialist consultancy work and that the staff be appointed on short term contracts as the funding is being provided on a one-off basis for one year only.
Council Agenda 72 May 200 87 34 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 12. Signing the Mayor of London’s Green Procurement Code – Margin 9 April 2008
Councillor Colin Barrow concurred with the decision of the Cabinet Member for Street Environment and agreed that the Council becomes a signatory to the Mayor of London’s Green Procurement Code from 2008.
13. Church Street Library – Big Lottery Grant to be Secured by a Deed of Dedication – 21 April 2008
Councillor Colin Barrow noted the property implications of the improvement of Formatted: Font: Not Bold Church Street Library.
14. Reorganisation of The Children’s Services Department – 21 April 2008
Councillor Colin Barrow concurred with the decision of the Cabinet Member for Children’s Services that the grade and remuneration package for each post in the new structure be determined by the Director of Human Resources in line with the Council’s reward strategy. In accordance with Council policy, employees on the Council's Redeployment Register who are in a redundancy situation will be given priority consideration for the new posts created, prior to the posts being advertised. This may include providing training to the redeployee, where appropriate, subject to costs and individual potential benefit. Every effort will be made to assimilate, redeploy or find suitable alternative employment for the post holders affected by this reorganisation. However, should it not be possible to redeploy such individuals they will be declared redundant with effect from a date to be agreed between the Deputy Chief Executive and Director of Children’s Services, and the Director of Human Resources, and paid benefits in accordance with the Council’s Discretionary Compensation Policy 2007.
15. Council Tax, NNDR, Housing Benefit Overpayments and Former Client Rent Arrears – Irrecoverable Debt – 22 April 2008*
Councillor Colin Barrow approved the writing off of the irrecoverable debt shown in the report and noted the amounts shown as written-off under officer delegated authority.
16. Early Retirement Request – 22 April 2008*
Councillor Colin Barrow concurred with the decision of the Cabinet Member for Children’s Services that the person named in the report be allowed to receive immediate payment of his/her funded pension benefits upon him/her leaving the Council’s employment on 31 st March 2008 and that the Council waive the actuarial reduction on his/her pension benefits; and pay an equivalent compensation payment mirroring the Council’s current policy.
Council Agenda 72 May 200 87 35 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 17. Go Green Fund Margin
Councillor Colin Barrow concurred with the decision of the Cabinet Member for Street Environment regarding virement in respect of Go Green funding as set out in paragraph 72. Formatted: Font: 14 pt CABINET MEMBER FOR PLANNING Formatted: Font: 14 pt, Underline (Councillor Robert Davis) Formatted: Indent: Hanging: 0.02 cm
18. Designation of the Peabody Estates: South Westminster Conservation Area – 4 March 2008
Councillor Robert Davis agreed the designation of the Peabody Estates: South Westminster Conservation Area, as shown on the plan attached to the report and authorised the Director of Planning and City Development to publish a notice of the designation, specifying its effects, in the London Gazette and at least one local newspaper circulating in the area, to give notice to the Secretary of State and English Heritage and to take any such steps as may be necessary to implement the designations.
19. Draft Knightsbridge, Knightsbridge Green and Albert Gate Conservation Area Audits – Agreement for consultation purposes – 20 March 2008
Councillor Robert Davis agreed the Draft Knightsbridge, Knightsbridge Green and Albert Gate Conservation Area Audits, along with its associated sustainability appraisal attached as Appendix 1 to the report for consultation purposes.
20. Westminster City Council – Validation Checklists for use with National Standard Application Forms – 19 March 2008
Councillor Robert Davis agreed to consult on the Westminster City Council- Validation Checklists for Use with National Standard Application Forms draft document.
21. Update to the residential unit sum used in financial contributions in lieu of affordable housing contained within the Unitary Development Plan – 1 April 2008
Councillor Robert Davis agreed the annually updated ‘per unit sum’ figures of £179,000 and £239,000 for the designated higher value areas from 1 April 2008.
Council Agenda 72 May 200 87 36 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 22. Draft Westminster Abbey and Parliament Square Conservation Margin Area Audit and Boundary Review - Agreement for consultation purposes - 10 April 2008
Councillor Robert Davis agreed the draft Westminster Abbey and Parliament Square Conservation Area Audit and the Boundary Review, along with its associated sustainability appraisal attached to the report, for consultation purposes.
23. Commemorative Green Plaque for the Bee Gees – 11 April Formatted: Left 2008
Councillor Robert Davis approved a commemorative Green Plaque for the Bee Gees pop band on the front façade of 67 Brook Street, W1.
24. Draft Dolphin Square Conservation Area Audit - Agreement for consultation purposes – 16 April 2008
Councillor Robert Davis agreed the draft Dolphin Square Conservation Area Audit, along with its associated sustainability appraisal attached as Appendix 1 to the report, for consultation purposes.
CABINET MEMBER FOR ECONOMIC DEVELOPMENT AND TRANSPORT (Councillor Danny Chalkley)
25. Piccadilly Circus Bus Contraflow, Piccadilly Bus Way and Piccadilly Streetscape Improvements Consultation – 3 March 2008
Councillor Danny Chalkley agreed to submit for public consultation the proposals described in the report along with the associated plans of Piccadilly Circus and Piccadilly attached to the report.
26. Prince of Wales Junction Project - Street Environment Improvements - 3 March 2008
Councillor Danny Chalkley approved:
(1) the development and implementation of the Option 2 designs up to the Formatted: Indent: Left: 0 cm, Hanging: 2.54 cm, available project budget of £860,000; Tab stops: 1.25 cm, Left
(2) a separate consultation on the possible closure of the access road between Fernhead and Walterton Roads and on options for revising parking arrangements;
Council Agenda 72 May 200 87 37 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (3) further consultation on the vertical bands and structures proposed in Margin the concept design, noting that planning permission is required;
(4) opportunity for further comments on detailed designs as they emerge from relevant Cabinet Members and Ward Members;
(5) the delegation of authority to the Director of Transportation, in consultation with the Cabinet Member for Economic Development and Transport, to consider the results of consultation in relation to items 2 and 3 above and if he considers appropriate, to make the necessary traffic order or orders with statement(s) of reasons. Formatted: Font: 12 pt
27. Heddon Street- Streetscape Improvements – 31 March 2008
Councillor Danny Chalkley agreed: Formatted: Font color: Auto
(1) the implementation of the streetscape improvements as shown in the Formatted: Left drawing, attached as Appendix A to the report; Formatted: Font color: Auto
(2) restriction of vehicular access in Heddon Street so that it is allowed between the hours 03:00 and 12:00 excluding emergency service vehicles; Formatted: Font color: Auto
(3) capital expenditure of £750,000 to cover the cost of the design and implementation of the streetscape improvements, carried out by the Council and fully funded by the Crown Estate in advance of any work commencing;
(4) modifications to the relevant traffic regulation orders under Section 6 of Formatted: Left, Indent: Left: 1.25 cm, Hanging: 1.29 the Road Traffic Regulation Act 1984 which are necessary to cm accommodate the measures as set out in Appendix D to the report and to publish the statement of reasons; Formatted: Left (5) delegation of authority to the Director of Transportation to agree the Formatted: Left, Indent: Left: 1.25 cm, Hanging: 1.29 arrangements for opening and closing the barriers at the entrance to cm Heddon Street (including approval of the commuted sum to be paid by the Crown Estate for the administration and maintenance of the barriers) and to enter into such legal agreements with other persons or bodies as may be appropriate. Formatted: Font color: Auto 28. Adopting the Economic Development Strategy – 11 April 2008 Formatted: Left
Councillor Danny Chalkley agreed the new Economic Development Strategy for 2008-2011 attached to the report and the plan of activity for 2008-2009 as set out in the report.
Council Agenda 72 May 200 87 38 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 29. Praed Street Civic Streets Scheme – 17 April 2008 Margin
Councillor Danny Chalkley concurred with the decision of the Cabinet Member for Street Environment and approved implementation of the first phase of the Praed Street Civic Streets Scheme up to a cost of £885,000 and delegated authority to the Director of Transportation to make any necessary changes to the scheme described in the report, with the proviso that the overall budget is not exceeded and the Cabinet Members are consulted and to enter into agreements with private forecourt owners and others as considered necessary or appropriate in order to resurface private forecourts as an integral part of the scheme.
30. Knighton House- Streetscape Improvements – 17 April 2008
Councillor Danny Chalkley approved implementation of the streetscape improvements as shown in the report; capital expenditure of £230,000 to cover the cost of the design and implementation of the streetscape improvements, as shown in the report, carried out by the Council and fully funded by the Developer of Knighton House in advance of any work commencing; modifications to the relevant traffic regulation orders under sections 6 and 45 of the Road Traffic Regulation Act 1984 which are necessary to accommodate the measures as set out in the report; and to publish the statement of reasons set out.
CABINET MEMBER FOR CUSTOMER AND COMMUNITY SERVICES (Councillor Daniel Astaire)
31. Fees and Charges for Westminster Libraries and Archives from April 2008 – 11 March 2008
Councillor Daniel Astaire approved the proposed fees and charges for the Libraries and Archive Service, as set out in the report, to be operational from 1 April 2008 until further notice and the delegation of decision making to the Director of Libraries for the non-sensitive charges listed in the report.
32. Local Petitions and Calls for Action – Response To Consultation – 17 March 2008 Formatted: Font: 12 pt Councillor Daniel Astaire endorsed the response to the Government consultation document, set out in the report.
Council Agenda 72 May 200 87 39 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 33. Church Street Library – Big Lottery Grant to be secured by a Margin Deed of Dedication – 21 April 2008
Councillor Daniel Astaire noted the award of the Community Libraries Big Formatted: Font: Not Bold Lottery Fund grant of £1,066,097 for the refurbishment of Church Street Library and agreed the arrangements being put into place to secure the grant, including the agreement of a Deed of Dedication registered against the title of Church Street Library for a 20 year period.
CABINET MEMBER FOR CHILDREN’S SERVICES (Councillor Sarah Richardson)
34. Statement of Purpose 2007- 08 for the Fostering Service – 31 March 2008
Councillor Sarah Richardson agreed that the Statement of Purpose for the Fostering Service for 2007-08
35. Early Retirement Request under the “85 year rule” – Formatted: Tab stops: 1.25 cm, Left 1 April 2008*
Councillor Sarah Richardson concurred with the decision of the Cabinet Member for Finance and Support Services set out at paragraph 10.
36. Action in respect of Mosquito devices on public and private land in Westminster – 11 April 2008
Councillor Sarah Richardson concurred with the decision of the Cabinet Member for Community Protection and Licensing that Mosquito devices should not be used in Westminster for the reasons set out in the report regarding their inappropriateness and ineffectiveness and to pursue enforcement action, including the provisions of the Control of Pollution Act 1974 and all other and subsequent legislation on the advice of the Director of Legal and Administrative Services, to control the use of Mosquito devices on private and public land.
37. Review of Resource Allocation Formula for 2008-11 – 11 April 2008
Councillor Sarah Richardson approved the changes to the Resource Allocation Formula for school budgets for financial years 2008-09, 2009 -10 and 2010 -11 as set out in the report.
Council Agenda 72 May 200 87 40 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 38. Westminster Schools Forum – Composition and Terms of Margin Reference – 11 April 2008 Formatted: Font: 14 pt, Bold
Councillor Sarah Richardson approved the revised Composition and Terms of Reference for the Westminster Schools Forum, set out in the report, with immediate effect.
39. Approval of Service Levels for the Provision of a Speech and Language Therapy Service and Waiver to the Procurement and Contracts Code – 14 April 2008
Councillor Sarah Richardson approved service levels for the Speech and Language Therapy Service as set out in the report; a waiver to the tendering requirements of the Procurement and Contracts Code to enable a three year contract (with an option to extend the contract for a further two years at the City Council’s discretion) to be negotiated with the Westminster PCT starting on 1 September 2008; and authorised the Director for Schools and Learning to enter into negotiations with Westminster PCT to agree terms for the proposed contract.
40. Reorganisation of the Children’s Services Department – 21 April 2008
Councillor Sarah Richardson agreed that the management structures for the Formatted: Font: Not Bold Children’s Services Department as set out the report be established, with effect from a date to be agreed between the Deputy Chief Executive and Formatted: Font: Not Bold Director of Children’s Services, and Director of Human Resources, but no later than 30 June 2008 and concurred with the decision of the Cabinet Member for Formatted: Font: Not Bold Finance and Support Services set out at paragraph 14. Formatted: Font: Not Bold
41. Early Retirement Request – 22 April 2008*
Councillor Sarah Richardson concurred with the decision of the Cabinet Formatted: Font: Not Bold Member for Finance and Support Services set out at paragraph 16. Formatted: Font: Not Bold
CABINET MEMBER FOR HEALTH AND ADULT SOCIAL Formatted: Font: 12 pt SERVICES (Councillor Ian Adams)
42. Extension and variation to the Council’s current contract with Westminster Citizens Advice for up to five years from 31 March 2008 – 19 March 2008*
Councillor Ian Adams agreed that the Council’s contract with Westminster Citizens Advice be extended for five years from 1 April 2008 to 31 March 2013, with annual break clauses in the total sum of £2,670,680 at 2008/09 prices.
Council Agenda 72 May 200 87 41 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 43. Commissioning of Substance Misuse services from 2008/09 – Margin 19 March 2008* Formatted: Indent: Left: 0 cm
Councillor Ian Adams:
1. Approved a waiver to the Procurement and Contracts Code requirement that at least 3 tenders be obtained in order for contracts to be entered into with the providers listed in the report.
2. Agreed that contracts are awarded to the contractors as set out in the report with annual break clauses for those contracts with contract terms longer than a year.
3. Approved an extension to the Drug Intervention Programme Throughcare contract with Westminster Drug Project from 1 st April 2008 to 30 th September 2009 at a total contract price of £1,835,886 at 2008/09 prices.
4. Approved an extension to the Drug Intervention Programme Homelessness Throughcare contract with Turning Point – Hungerford Drug Project from 1 st April 2008 to 30 th September 2009 at a total contract price of £427,416 at 2008/09 prices.
5. Approved an extension to the Substance Misuse Aftercare Service contract with Westminster Drug Project from 1 st April 2008 to 30 th September 2009 at a total contract price of £225,000 at 2008/09 prices (this extension is an increase on the contract provision of the option to extend the contract for a year from 1 st April 2008 to 31 st March 2009).
6. Noted the Service Level Agreements, set out in the report, established under Section 31 of the Health Act 1999.
7. Delegated authority to the Director of Children’s Services and the Director of Adults Social Services to sign any necessary documentation to give effect to these SLAs in so far as they relate to the City Council or relate to the transfer of pooled funds under Section 31 of the Health Act 1999 to the service providers under the SLA.
44. Extension and variation to the contract for Housing Related Support Services for people with mental health problems and other vulnerabilities – 20 March 2008* Formatted: Font: 12 pt Councillor Ian Adams concurred with the decision of the Cabinet Member for Housing and agreed:
1. To extend the contract for Housing Related Support Services for People with Mental Health Problems and Other Vulnerabilities with Thames Reach for two years from 1st April 2008 to 31st March 2010, in line with the provision set out in the contract.
Council Agenda 72 May 200 87 42 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2. To extend the contract for Housing Related Support Services for People Margin with Mental Health Problems and Other Vulnerabilities with One Housing Group for two years from 1st April 2008 to 31st March 2010, in line with the provision set out in the contract.
3. To vary the contract for Housing Related Support Services for People with Mental Health Problems and Other Vulnerabilities with One Housing Group from 1st April 2008 to include Support Services for mentally vulnerable adults in Temporary Accommodation. This variation will mean the cost of the two year extension of the contract will be £1,299,042 at 2007/08 prices.
45. Transformation of Adult Services – Direction of Travel – 2 April 2008
Councillor Ian Adams agreed the direction of travel for the transformation of Adult Services.
CABINET MEMBER FOR HOUSING (Councillor Angela Harvey)
46. Scheme and Estimate Report for Additional Works and Costs for the Electrical Rewire at Lillington and Longmore Estate – 5 March 2008
Councillor Angela Harvey approved total expenditure of £654,540.00 for additional works costs and associated professional fees for additional works on Lillington and Longmore Estate for the purposes of Financial Regulation B8 and, for the purposes of Financial Regulation B12, agreed that the additional works costs be offset against reported savings within the 2007/08 HRA capital Programme, thus not increasing capital resources for the year.
47. Nos. 59, 60, 61 and 62 Eccleston Square Mews, SW1 – Proposed Compulsory Purchase Order – 5 March 2008* Formatted: Font: 12 pt Councillor Angela Harvey agreed that the City Council purchase Nos 59, 60, Formatted: Font: Not Bold 61 and 62 Eccleston Square Mews, SW1; make a Compulsory Purchase Order so far as may be necessary under Part II of the Housing Act 1985 and Formatted: Font: Not Bold the Acquisition of Land Act 1981; and authorise officers to take all necessary Formatted: Font: Not Bold steps to implement this resolution.
Formatted: Font: 12 pt, Not Bold
Council Agenda 72 May 200 87 43 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 48. Regulations on the Council’s existing HMO Registration Margin Control Scheme – 6 March 2008
Councillor Angela Harvey concurred with the decision of the Cabinet Member for Community Protection and Licensing and authorised the cessation of the HMO Registration Control Scheme with immediate effect and requested that a separate report be provided as a result of a comprehensive review of the impact of the Housing Act 2004 on enforcement activity and private sector housing work to include the options for additional licensing of certain types of HMO.
49. Establishing a Westminster Intermediate Housing Service – 7 March 2008
Councillor Angela Harvey approved the proposal to tender for provision of a Westminster Intermediate Housing Service.
50. Walterton and Elgin Community Housing (WECH) Result of the initial resident consultation on stock transfer and way forward - 12 March 2008
Councillor Angela Harvey having considered the options set out in the report, agreed with the recommendation that Walterton and Elgin Community Housing (WECH) carry out property condition surveys to determine their ability to afford to take this proposal forward.
51. Scheme and Estimate for M125 Cyclical Maintenance and Repairs to Bennett House – 17 March 2008
Councillor Angela Harvey approved total capital expenditure of £244,000 for works, professional fees and contingencies of which £90,000 is to be funded from the Capital programme for works at Bennett House, SW1.
52. Approval to extend the City Council’s six current contracts for the 12 Rough Sleeping schemes previously funded by Communities and Local Government (CLG) – 19 March 2008*
Councillor Angela Harvey approved the extension of the six current Contracts for 12 Rough Sleeping schemes listed in the report for one year from 1 April 2008 at a total cost of £2, 750,847.
Council Agenda 72 May 200 87 44 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 53. Proposals to renew the three current Contracts providing the Margin City Wide Building Based Intervention service for Rough Sleepers for three years from 1 April 2008 – 19 March 2008*
Councillor Angela Harvey agreed:
(1) that the contract with The Passage to provide City wide Building Based Formatted: Indent: Left: 1.25 cm, Hanging: 1.29 cm, Intervention Services for Rough Sleepers be relet for three years from 1 Tab stops: 1.25 cm, Left April 2008 with annual break clauses in the total sum of £1,628,934 at £542,978 per annum at 2007/2008 prices, be approved.
(2) that the contract with The Connection at St Martin’s to provide City wide Formatted: Indent: Left: 1.25 cm, Hanging: 1.29 cm Building Based Intervention Services for Rough Sleepers be relet for three years from 1 April 2008 with annual break clauses in the total sum of £1,857,660 at £619.220 per annum at 2007/08 prices, be approved.
(3) and noted that the Director of Housing, on the advice of Adult Services Formatted: Indent: Left: 1.25 cm, Hanging: 1.29 cm Departmental Contract Board has approved the relet of the Contract with St Mungo Community Housing Association Limited for three years from 1 April 2008 with annual break clauses in the total sum of £1,464,015 at £488,005 per annum at 2007/08 prices.
54. Extension and variation to the contract for Housing Related Support services for people with mental health problems and other vulnerabilities – 20 March 2008*
Councillor Angela Harvey concurred with the decision of the Cabinet Member for Health and Adult Social Services set out at paragraph 43.
55. Tender Acceptance For External and Communal Area Repairs and Decorations, Distributed Street Properties – Area B – 28 March 2008*
Councillor Angela Harvey approved total expenditure of £1,916,191 for works, professional fees, staff costs and contingencies for external and communal area repairs and decorations to various properties in Westminster (71 blocks, 201 units in total), for the purposes of Financial Regulation B8 and the Tender Acceptance figure in the sum of £1,471,982 from Lakehouse Contracts in respect of the external and communal area repairs and decorations to various properties in Westminster. (71 blocks, 201 units in total).
56. Scheme and Estimate for External works to various blocks on Churchill Gardens Estate, SW1 – 9 April 2008
Councillor Angela Harvey approved total expenditure of £3,136,540 for works and professional fees at Churchill Gardens Estate, SW1.
Council Agenda 72 May 200 87 45 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 57. Scheme and Estimate/ Agreed Maximum Price Acceptance for Margin the Replacement of lifts at John Aird Court – 10 April 2008
Councillor Angela Harvey approved total expenditure of £1,010,137 for the replacement of 7 lifts at John Aird Court and the Agreed Maximum Price of £920, 961 from PDERS elevators, subject to completion of section 20 consultation.
58. Supply and Allocation of Social Housing and Low Cost Ownership 2008/09
Councillor Angela Harvey noted that the projected supply and proposed allocation of rented housing, as discussed in paragraph 3.1 and set out in appendices A, B and B1 of the report, and agreed the change in the method of allocating Category A medical transfers by removing the quota and instead awarding applicants 500 additional points to enable successful bidding for properties.
59. Purchase of 34 Crawford Buildings through Housing Revenue Account Funding
Councillor Angela Harvey agreed that the City Council re purchase the 10% leasehold interest in 34 Crawford Buildings from the lessees executors for the agreed price after deduction of service charge arrears and other disbursements.
CABINET MEMBER FOR COMMUNITY PROTECTION AND LICENSING (Councillor Audrey Lewis)
60. Regulations on the Council’s existing HMO Registration Control Scheme – 6 March 2008
Councillor Audrey Lewis concurred with the decision of the Cabinet Member for Housing set out at paragraph 48. Formatted: Font: 12 pt 61. Action in respect of Mosquito devices on Public and Private Land in Westminster – 11 April 2008
Councillor Audrey Lewis concurred with the decision of the Cabinet Member for Children’s Services set out at paragraph 36.
Council Agenda 72 May 200 87 46 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 62. Piloting Dog Control Orders in Westminster - 12 March 2008 Margin
Councillor Audrey Lewis concurred with the decision of the Cabinet Member for Street Environment and agreed to (a) proceed to consultation on proposals to make a City wide dog control order in relation to the removal of dog faeces; (b) proposals to make dog control orders in two pilot areas, Queens Park ward and the Churchill Gardens Estate in Churchill ward and (c) subject to the outcome of further consultation and further Cabinet Member approval, to implement dog control orders in accordance with the provisions of the Clean Neighbourhoods and Environment Act 2005.
63. Fraud Act 2006 Delegations – 17 March 2008
Councillor Audrey Lewis delegated authority to the Director of Community Protection to enforce the Fraud Act 2006.
64. Housing Act 2004 Delegations – 20 March 2008
Councillor Audrey Lewis delegated authority to the Director of Community Protection to enforce the provisions of Part 5 of the Housing Act 2004 Sections 148 to 178.
65. Judicial Review- Buzz Gas and Bourbon – 9 April 2008*
Councillor Audrey Lewis agreed to withdraw the premises licence issued on 25 January 2008 for Buzz Gas and Bourbon at 32-34 Panton Street, and the request for the existing licence to be returned to the Licensing authority and in withdrawing the licence agreed that the Solicitors instructed to bring the judicial review be advised of the City Council’s position as set out in the report.
CABINET MEMBER FOR STREET ENVIRONMENT (Councillor Alan Bradley)
66. Piloting Dog Control Orders in Westminster - 12 March 2008
Councillor Alan Bradley concurred with the decision of the Cabinet Member for Community Protection and Licensing set out at paragraph 61.
67. SEA Process for the Air Quality Strategy and Action Plan – 12 March 2008
Councillor Alan Bradley agreed:
(1) that having regard to the responses of the statutory consultation bodies Formatted: Indent: Left: 1.25 cm, Hanging: 1.29 cm referred to in the report, the updated Air Quality Strategy and Action Plan is likely to have significant environmental effects and that Strategic Environmental Assessment is required; Formatted: Font: 12 pt, Not Bold
Council Agenda 72 May 200 87 47 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (2) the integrated timetable for the SEA process and the Air Quality Margin Strategy and Action Plan set out in Appendix 2 to the report Formatted: Indent: Left: 0 cm, Hanging: 2.5 cm, Tab stops: 1.25 cm, Left + 2.5 cm, Left (3) that officers proceed with the SEA and statutory consultation stages in relation to the SEA scoping, issues and options scoping for the draft Air Quality Strategy and Action Plan, Environmental Report and draft Air Quality Strategy and Action Plan, to produce a plan which is robust and will have the most beneficial effect;
(4) to authorise the Director of Planning and City Development to carry out any consultation needed for the Air Quality Strategy and Action Plan and associated SEA and to take any necessary procedural steps including preparation finalisation and deciding on the scope of the Environmental Report.
68. Westbourne Green Canal Side Open Space – 31 March 2008 Formatted: Font: 14 pt, Bold Formatted: List 2, Indent: Hanging: 1.27 cm Councillor Alan Bradley approved the draw down of Capital Funds from the Formatted: Font: 14 pt, Bold Capital Programme 2007/2008 and 2008/2009 for the carrying out of the landscape improvement construction works at Westbourne Green Canal Side described in the report.
69. Signing the Mayor of London’s Green Procurement Code – 9 April 2008
Councillor Alan Bradley concurred with the decision of the Cabinet Member for Finance and Support Services set out at paragraph 12.
70. Elizabeth Street Public Realm Scheme in Partnership with Grosvenor – 10 April 2008
Councillor Alan Bradley approved in principle that Grosvenor Estates progresses to the next design stage with the Elizabeth Street Scheme in partnership with the City Council, according to the terms of the agreement dated 16 November 2007 between Grosvenor and the City of Westminster.
71. Praed Street Civic Streets Scheme – 17 April 2008
Councillor Alan Bradley concurred with the decision of the Cabinet Member for Economic Development and Transport set out at paragraph 29.
Council Agenda 72 May 200 87 48 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 72. Go Green Fund
Councillor Alan Bradley approved (1) a budget virement of up to £290,000 in respect of the estimated energy savings in 2007-08 and (2) the following spending from the Go Green Fund; a contribution towards the development of the green procurement work programme at a cost of £7,000, “Sustainable Cities report” which pulls together essays from the speakers at the Sustainable Cities Summit in 2007 costing £2,500, contribution to the installation of 10 on-street electric vehicle recharging points costing £15,000, “Retrofitting for Sustainability” symposium in early April costing £10,000 and use of recycled paper for policy documents costing 11,500.
Colin Wilson Formatted: Left Director of Legal and Administrative Services
______
Local Government (Access to Information) Act 1972 – Background Papers Formatted: Font: Not Bold
The reports as submitted to the individual Cabinet Members as referred to Formatted: Font: (Default) Arial, 12 pt above. The reports marked * are exempt from disclosure for the reasons set Formatted: Left out in the reports.
Council Agenda 72 May 200 87 49 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin REPORT OF THE CHILDREN AND YOUNG PEOPLE OVERVIEW AND Formatted: Font: Bold SCRUTINY COMMITTEE ON 31 MARCH 2008
The following Members of the Committee were present:
Councillors Tim Mitchell (Chairman), Nicola Aiken, Edward Argar, Frances Blois, Nick Evans, Barbara Grahame, Gwyneth Hampson, and Steve Summers; and Co-opted Members Mohammed Amieur and Brenda Morrison.
1. Fatal Incident Involving a Westminster Pupil Formatted: Bullets and Numbering
(a) We were updated on a fatal incident involving a pupil at Paddington Academy, Formatted: Bullets and Numbering the result of an altercation between two friends, both of whom were carrying knives. We welcomed the news that the Council was working with the police to hold a knife amnesty and hoped that plans to invite the police to carry out spot checks for weapons in Westminster youth clubs would be progressed.
2. BSF: Arrangements for Curriculum Continuity During Rebuild Formatted: Bullets and Numbering
(a) We considered the steps being taken to ensure that the curriculum at the three Formatted: Bullets and Numbering sample schools would be maintained during all stages of the BSF building programme. We were informed that the Council had made provision to appoint initially two, and then at a later date, four BSF project managers to be based largely in schools, with responsibility for managing the interface with the BSF builders. We welcomed this as it would undoubtedly help prevent Headteachers and Deputy Headteachers from being deflected from their role of managing and leading their school to managing their school’s building programme.
(b) We expressed our concern that there was little contingency in the construction Formatted: Bullets and Numbering phasing plans, recognising that it would be crucial to meet the deadlines in the plans, with any slippage having a serious effect on curriculum continuity.
(c) We were pleased to note that lessons would be learnt from the way in which the sample schools had been handled. In particular, that Ward Members and Planning Committee Members would be involved in the design process at a much earlier stage, in part to avoid costly and time-consuming revisions at the Planning Committee stage; and that the three sample schools would be asked to ‘buddy’ the non-sample schools in order to pass on their expertise and offer advice.
3. Corporate Parenting and Legislative Changes Formatted: Bullets and Numbering
(a) We considered the main provisions in the Children and Young Persons Bill, Formatted: Bullets and Numbering noting that the Bill would build on best practice and that the Council was already very well placed to meet the expected legislative provisions. We asked three foster carers who attended the meeting a variety of questions related to
Council Agenda 72 May 200 87 50 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: their experience of the care system and what steps they thought should be Margin taken to improve outcomes for looked after children.
(b) We suggested that advice and suggestions for the ongoing development of the Formatted: Bullets and Numbering Corporate Parenting in Westminster Scheme should be sought from current scheme participants; and that a full evaluation of the scheme should be prepared and considered at a future meeting.
4. Service Reviews: Consultation Formatted: Bullets and Numbering
(a) We considered a series of four service reviews currently being undertaken to Formatted: Bullets and Numbering help define how children’s services are best delivered in terms of achieving (a) efficiency; (b) positive outcomes for children and families; and (c) Government objectives. We noted that a number of services, despite their strong performance, were neither yet properly integrated across the Department, nor with partners and that commissioning needed to improve. We were informed that a target operating model, which would address these issues, would be agreed by the end of August 2008 and we requested a report on this to our September meeting.
(b) We welcomed the reassurance that change for change’s sake would be Formatted: Bullets and Numbering avoided. We know that there are many examples of outstanding practice in the Children’s Services Directorate that should be maintained, but accepted that more order and coherence was required. We also welcomed the news that improving inter-borough communications would be pursued as a top priority.
5. Verbal Update on the Work of the New School Performance Formatted: Bullets and Numbering Task Group
(a) We discussed the work of the task group and noted that Members had visited Formatted: Bullets and Numbering Westminster Cathedral RC Primary School; Burdett Coutts CE Primary School; Paddington Green Primary School; and Gateway Primary School; and that a number of recommendations had been made and responses received.
6. Engaging with Children and Young People Formatted: Bullets and Numbering
(a) We agreed at our meeting on 22 November 2006 that we would organise Formatted: Bullets and Numbering regular meetings between Members and children and young people, as part of a wider strategy to ensure that their voice contributes to the Committee’s work. We noted that the next event would be held on Tuesday 27 May 2008 at the Westminster Boating Base and would allow us to meet local young people and listen to their views on a wide range of issues in an informal setting.
Councillor Tim Mitchell, CHAIRMAN Formatted: Font: 12 pt, Not Bold ______
Local Government (Access to Information) Act 1972 – Background Papers: The agenda and reports to the Children and Young People Overview and Scrutiny Committee on 31 March 2008
Council Agenda 72 May 200 87 51 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE AUDIT AND PERFORMANCE COMMITTEE Margin ON 31 MARCH 2008 Formatted: Font: 12 pt The following Members of the Committee were present:-
Councillors Melvyn Caplan (Chairman), Rupert D’Cruz, Ian Rowley and Judith Warner
1. Validation of Achieving Transformational Savings Target to Trigger New Reward Arrangements
(a) We considered and discussed the on-going transformational savings that were required to validate and trigger new Reward arrangements.
(b) We discussed how transformational savings and changes were defined and highlighted the importance of such savings being sustainable and leading to substantive changes to the way the City Council operated.
(c) We agreed (1) that further analysis be undertaken to identify which of the reported figures represent savings and which are dependent on income or subject to market changes and that the outcome be submitted to the meeting of the Resources and Corporate Services Overview and Scrutiny Committee for validation by that Committee and (2) that the Cabinet be informed accordingly.
2. Remuneration Progress Report
(a) We considered and commented on progress in establishing the new remuneration structure for Westminster.
(b) We considered and commented upon arrangements for and progress with staff and Union consultation and discussed the operation of the Broad Bands within the structure and progression through the various stages.
(c) We agreed that, subject to validation of the savings required to trigger the new Reward arrangements, the Cabinet be advised that the Committee (1) had noted progress to date; (2) had endorsed the approach being taken by the Director of Human Resources on developing the new remuneration structure in line with draft proposals appended to the report and in making every effort to reach a negotiated agreement with staff representatives; and (3) was of the view that effective performance management systems would be key to the benefits to be achieved from the new structure.
MELVYN CAPLAN, Chairman ______Local Government (Access to Information) Act 1972 – Background Papers The agenda, reports and minutes of the meeting of the Audit & Performance Committee on 31 March 2008
Council Agenda 72 May 200 87 52 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE BUILT ENVIRONMENT OVERVIEW AND Margin SCRUTINY COMMITTEE ON 1 APRIL 2008
The following Members of the Committee were present: -
Councillors Brian Connell (Chairman), Ruth Bush, Rupert D’Cruz, Tony Devenish, Lindsey Hall, Andrew Havery, Angela Hooper and Nick Yarker
Also present: Councillors Danny Chalkley and Barbara Grahame
1. Question and Answer Session with the Cabinet Member for Formatted: Bullets and Numbering Economic Development and Transport
(a) We asked questions and received responses from Councillor Danny Chalkley, Formatted: Bullets and Numbering Cabinet Member for Economic Development and Transport, in respect of a variety of issues within his portfolio including: (i) the City Council’s plans in the use of secondary enforcement (clamping and removal) in light of the introduction of the Traffic Management Act 2004; (ii) whether the introduction of cashless parking would be complementary rather than a substitute for the use of cash in certain zones; (iii) what provision the City Council was going to make for the use of car clubs; (iv) what progress there had been in taking forward the Parking Policy Review Task Group’s recommendation of trialling the removal of some parking attendants off street in a zone to see whether the number of PCN's and appeals reduced as a result of issuing better quality tickets; (v) whether he had any concerns about the possible reduction in parking revenue as a result of motorists embracing more environmentally friendly forms of transport such as cycling or using car clubs; and (vi) the linkage between the Westminster Small and Minority Business Council (WSMBC) and the Council’s procurement code and the City Council’s environmental objectives under the ‘Green’ agenda.
2. Markets in Westminster Formatted: Bullets and Numbering
(a) We received a report which provided an overview of the current developments Formatted: Bullets and Numbering and actions around the management and development of the five designated street markets in Westminster (Church Street, Berwick Street, Rupert Street, Strutton Ground and Tachbrook Street).
(b) We noted the legislative, operational and financial issues around the City Formatted: Bullets and Numbering Council’s commitment. For some time there had been little investment in the markets from the Council which had contributed to their decline resulting in low uptake of new stalls and the loss of revenue. Operational problems had resulted from the split of functions across departments. However, the End to End Licensing Review which brought the Council’s licensing function into the Community Protection Department had reduced this. The Department was now responsible for all licensable activity not just enforcement. In addition, the Integrated Street Management Phase 2 reorganisation had brought consistency to staff involved in market management, with the same officers on
Council Agenda 72 May 200 87 53 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: the same markets resulting in increased effectiveness and efficiency. While Margin other Councils in London operated under the London Local Authorities Act 2006, which contained appropriate legislative measures for street trading management, Westminster operated under the City of Westminster Act 1999 which placed constraints upon the Council’s ability effectively to manage the markets. The Act was now being reviewed.
(c) We noted that consultants (Colin Buchannan and Partners Ltd) had been Formatted: Bullets and Numbering commissioned to undertake a study of the markets. This piece of work would provide an assessment of the opportunities and constraints affecting their success both collectively and individually. Based on the assessment, the study would also identify an approach for their regeneration.
(d) We heard from a number of witnesses who had been invited to the meeting to Formatted: Bullets and Numbering assist the Committee with its deliberations including Warren Goldstein, a market stall holder from Berwick Street Market and runner up in the Market Trader of the Year 2008 competition; Rupert Owen, Chairman of the Eccleston Square Residents Association; and Councillor Barbara Grahame, ward member for Church Street. We noted their views that the street markets had a significant role to play in meeting retail needs; contributing to economic development; improving social cohesion; and providing educational benefits. We also noted Mr. Goldstein’s and Mr Owen’s concerns that Berwick Street and Tachbrook Street Markets had reached a critical point and that a strategic vision and leadership was required from the Council to facilitate their regeneration and renewal. We noted their comments that some solutions i.e. good signage to Berwick Street Market could be provided quite easily and cheaply.
(e) We were advised that there was no perceived conflict between planning Formatted: Bullets and Numbering consents for large retailers and markets and our witnesses suggested that these might be complementary.
(f) We commented and expressed views on various matters relating to the Formatted: Bullets and Numbering markets both individually and collectively including: (i) that the City Council was not necessarily best qualified to run markets and that consideration should be given to outsourcing their management to those who were; (ii) that, given the current disruption in Berwick Street arising from the redevelopment of surrounding buildings, the City Council should consider reducing the licence fees for market pitches to assist the traders and more generally the City Council should consider reducing the licence fee on traditionally quieter days where the uptake of stalls was poor in order to encourage stall holders to operate more frequently; and (iii) the benefits that could be gained from identifying examples of good practice at successful markets operating in the UK. We requested that these issues be considered as part of the consultants’ study. We considered that communication between officers and market holders needed to be improved and we have commented that an effective communication channel needs to be put in place for stall holders to raise issues with the City Council.
Council Agenda 72 May 200 87 54 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (g) We agreed to consider a further report on markets at our next meeting when Margin the initial key findings and recommendations arising from consultant’s study Formatted: Bullets and Numbering would be available. The Committee’s deliberations would inform the consultant’s final report.
3. Update on outcomes arising from the Preventing Crime and Formatted: Bullets and Numbering Anti-Social Behaviour Task Group
(a) We received a report which provided a detailed response and update on the Formatted: Bullets and Numbering implementation of the recommendations arising from the Preventing Crime and Anti-Social Behaviour Task Group report.
(b) As part of our consideration to the response and update we noted the views Formatted: Bullets and Numbering expressed in a written submission by Councillor Ed Argar, who had chaired the work steam which had produced the Task Group report.
(c) We noted that Councillor Argar broadly welcomed the response to the Task Formatted: Bullets and Numbering Group report and the co-operation that had been received from officers in the Community Protection Department whilst it was being prepared. We further noted the Director of Community Protection’s response to the specific points raised by Councillor Argar regarding: (i) the importance of ensuring there is a mechanism in place where residents can obtain rapid action against reported incidents of ASB ; (ii) that anyone who reports ASB, not simply victims, should be offered, if they wish to receive them, regular updates on the progress of the issues raised; (iii) that City Guardians’ shifts should be extended to cover the period after pubs have shut when people are leaving premises and when there is a likely heightened risk of ASB likely to impact on residents’ quality of life and (iv) that if an incident occurs, eg graffiti, a mechanism should be in place to guarantee that it is addressed instantly to reduce the impact on residents’ quality of life; minimise the perception of ASB; and so as not to encourage further incidents. We requested that a written response to the challenges be provided to Councillor Argar and the Committee.
4. Update on outcomes arising from the Public Transport Task Formatted: Bullets and Numbering Group
(a) We received and noted a report which provided an update on the progress Formatted: Bullets and Numbering made by the City Council, Transport for London and its public transport partners with regard to the key recommendations of the Public Transport Task Group report of 2007.
(b) We agreed that officers from TfL, London Buses and LUL should be invited to Formatted: Bullets and Numbering attend one of our meetings annually to present and discuss recent and forthcoming changes to the public transport network. This will ensure a continuation of dialogue between the Committee and TfL to supplement the regular officer level contact.
Council Agenda 72 May 200 87 55 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 5. West End Area Action Plans Margin Formatted: Bullets and Numbering (a) We received a report which provided an overview and update on progress of Formatted: Bullets and Numbering the City Council’s West End Area Action Plans. The report was intended as an initial 'ground setting' on the Action Plans as a prelude to a more detailed report being presented to the Committee at its next meeting in June when interested Councillors would be able to participate and assist the Committee in its consideration of the issues.
BRIAN CONNELL, Chairman Formatted: Font: Not Bold, Font color: Auto Formatted: Right
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Local Government (Access to Information) Act 1972 – Background Papers Formatted: Font: 12 pt, Not Bold, Underline The agenda and reports to the Built Environment Overview and Scrutiny Committee on 1 April 2008 Formatted: Title, Tab stops: Not at 1.25 cm
Council Agenda 72 May 200 87 56 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Date: 2 nd May 2007
Subject: Public Interest Report of the District Auditor (Objection to the City Council’s Accounts for 2003/04 re. Settlement with Dame Shirley Porter and Others)
Council Agenda 72 May 200 87 57 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 1. BAC K G R O U N D INFORM ATION Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 1.1 The criticism s Tab stops: Not at 1.25 cm levelled at the Council by the objectors can be sum m arised as follow s: Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Formatted: Title Formatted: Title, Space After: 0 pt, No bullets or •The Council took too numbering Formatted: Bullets and Numbering long to pursue the debt and this gave Dam e Shirley Porter the tim e she needed to rem ove her assets from the jurisdiction of the British courts; Formatted: Title, No bullets or numbering •The Council lacked the
Council Agenda 72 May 200 87 58 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ill to pursue the debt and therefore did not Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, m ake sufficient efforts; Tab stops: Not at 2.25 cm and
Formatted: Title, No bullets or numbering •The approach taken by Formatted: Bullets and Numbering the Council in the final m ediation process was Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, flaw ed and in Tab stops: Not at 2.25 cm consequence the am ount accepted in settlem ent w as inadequate. Formatted: Title 1.2 The key findings of Formatted: Title, Tab stops: Not at 1.25 cm the report are: Formatted: Title
Council Agenda 72 May 200 87 59 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Title, No bullets or numbering •That the Council acted Formatted: Formatted: Bullets and Numbering reasonably in the recovery action that it took. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm Formatted: Title, No bullets or numbering, Tab •That a reasonable stops: Not at 1.25 cm Formatted: Bullets and Numbering settlem ent was agreed in the circum stances. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm Formatted: Title, No bullets or numbering •That whilst recognising Formatted: Bullets and Numbering that the objectors strongly believe the C ouncil has been deficient in its pursuit of D am e Shirley Porter since the surcharge was im posed, this belief is
Council Agenda 72 May 200 87 60 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin “m isguided and sim ply w rong”. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm Formatted: Title, No bullets or numbering •That it is now tim e to Formatted: Bullets and Numbering on from the past. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm 1.3 On every m ajor issue considered by the Auditor, the argum ents of the objectors have been rejected and the position m aintained by the City Council throughout, upheld. It is not considered necessary or appropriate to further sum m arise the Public
Council Agenda 72 May 200 87 61 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Interest Report as it is, as required by the Audit C om m ission Act, attached in full as Appendix 1. Formatted: Title 2.0 LEG AL IM PLICATIONS
2.1 Under Section 11 of Formatted: Title, Indent: Left: 0 cm, First line: 0 cm the Audit Com m ission Act 1998, as am ended, the full Council m ust consider the Public Interest Report, in public, within one m onth or such extended period
Council Agenda 72 May 200 87 62 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin as m ay be allow ed by the D istrict Auditor. An extension of tim e has been agreed to allow the report to be considered at this scheduled m eeting. Formatted: Title 2.2 At the m eeting, the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm C ouncil m ust decide –
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) w hether the report Tab stops: Not at 2.25 cm requires the Council to take any action or w hether any recom m endation is to be accepted; and
Council Agenda 72 May 200 87 63 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at (b) what, if any, action 2.25 cm to take in response to the report or recom m endations. Formatted: Title, Indent: Left: 0 cm In this case, no specific recom m endation is m ade, although the D istrict Auditor stresses that it is now tim e to bring the m atter to a close and m ove on from the past.
2.3 As soon as Formatted: Title, Indent: Left: 0 cm, First line: 0 cm practicable after the
Council Agenda 72 May 200 87 64 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin m eeting, the City C ouncil m ust notify the D istrict Auditor of its decision, and publish a notice containing a sum m ary thereof in a local new spaper. Formatted: Title 3.0 FINAN C IAL Formatted: Title, Tab stops: Not at 1.25 cm IM PLICATIONS Formatted: Title 3.1 Of the total Formatted: Title, Indent: Left: 0 cm, First line: 0 cm settlem ent of £12,300,000, after paym ent of costs to third parties, the sum due to W estm inster of
Council Agenda 72 May 200 87 65 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin £12,000,000 was received in 2004. As agreed by Cabinet U rgency Com m ittee in July 2004, after paying over the am ount due to the Audit Com m ission of £1,016,000 in respect of costs they had incurred, £6,596,000 (60% ) was paid into a fund for H ousing Investm ent, and £4,388,000 (40% ) to the G eneral Fund.
3.2 The final costs of responding to the
Council Agenda 72 May 200 87 66 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin objection to the accounts are estim ated as follow s: £ Formatted: Title £ W estm inster’s costs Formatted: Title, No bullets or numbering -Internal legal costs Formatted: Bullets and Numbering
-External legal costs 179,000 202,000
-D istrict Auditor’s costs 225,000 427,000 Formatted: Title, Indent: Left: 0 cm
3.3 These are being m et Formatted: Title, Indent: Left: 0 cm, First line: 0 cm from existing budgets, including a reserve set up for Audit costs in the
Council Agenda 72 May 200 87 67 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 2004/05 accounts. Formatted: Title, Indent: Left: 0 cm 3.4 H ow ever the total Formatted: Title, Indent: Left: 0 cm, First line: 0 cm costs are chargeable onto services in proportion to the allocation of the settlem ent received and thus of this estim ated total, £171,000 (40% ) w ill be m et by the G eneral Fund and £256,000 (60% ) by the H ousing Revenue Account. Formatted: Title 4.0 CO N C LU SION
Council Agenda 72 May 200 87 68 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 4.1 The issue of the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Public Interest Report, and the rejection by the D istrict Auditor of the objection to the accounts for 2003/4, brings this long running m atter to a conclusion. As the District Auditor says in his ow n conclusions, the question is “did (the City C ouncil) in all the circum stances that prevailed at the tim e m ake a reasonable recovery of the m onies
Council Agenda 72 May 200 87 69 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin due to W estm inster’s taxpayers? I am satisfied that it did. In m y view it is now tim e to bring this m atter to a close and m ove on from the past”. The City C ouncil is invited to endorse this sentim ent by approving the statem ent set out in Appendix 2, which has been approved by the C ity Council’s District Auditor. Formatted: Title If you have any queries about this report or wish to inspect one of the background papers please contact C. Wilson on 020 7641 2710; fax 020 7641 3325 email [email protected].
Council Agenda 72 May 200 87 70 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Background Papers: Formatted: Title, Left N one Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 71 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: APPEN D IX 1 Margin Formatted: Font: 14 pt Audit Commission Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Public Interest Report March 2007
Public Interest Report
City of Westminster
Council Agenda 72 May 200 87 72 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Public Interest Report M arch 2007
Public Interest Report City of Westminster © Audit Com m ission 2007
For further inform ation on the work of the C om m ission please contact: Audit Com m ission, 1st Floor, M illbank Tow er, M illbank, London SW 1P 4H Q Tel: 020 7828 1212 Fax:
Council Agenda 72 May 200 87 73 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 020 7976 6187 Textphone (m inicom ): 020 7630 0421 w w w .audit- com m ission.gov.uk
The Audit Com m ission is an independent body responsible for ensuring that public m oney is spent econom ically, efficiently and effectively, to achieve high-quality high-quality local services for the public. O ur rem it covers around
Council Agenda 72 May 200 87 74 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 11,000 bodies in England, which between them spend m ore than £180 billion of public m oney each year. Our work covers local governm ent, health, housing, com m unity safety and fire and rescue services.
As an independent w atchdog, we provide im portant inform ation on the quality of public services. As a
Council Agenda 72 May 200 87 75 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin driving force for im provem ent in those services, we provide practical recom m endations and spread best practice. As an independent auditor, w e ensure that public services are good value for m oney and that public m oney is properly spent.
Council Agenda 72 May 200 87 76 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
For further inform ation on the work of the C om m ission please contact: Audit Com m ission, 1st Floor, M illbank Tow er, M illbank, London SW 1P 4H Q Tel: 020 7828 1212 Fax: 020 7976 6187 Textphone (m inicom ): 020 7630 0421 w w w .audit- com m ission.gov.uk
Council Agenda 72 May 200 87 77 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Contents
Summary Report
Introduction
Main findings
H ow long it took to pursue the debt
The recovery effort
The m ediation process
Conclusions
Council Agenda 72 May 200 87 78 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Sum m ary Report
Introduction
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 1. 1. This report concerns space between Asian text and numbers the long running saga of the W estm inster ‘Hom es for Votes’ affair. I am w riting this in the hope that it will assist in draw ing the m atter to a close. I have decided to issue this report in the public interest under section 8 of the Audit C om m ission Act 1998 due to the substantial
Council Agenda 72 May 200 87 79 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin public and m edia interest in the attem pt by the City of W estm inster [the C ouncil] to recover a substantial sum of m oney due from Dam e Shirley Porter. She was ordered to pay this am ount by the Court as a result of the losses to the Council incurred by her and another’s wilful m isconduct. The inability to m ake a full recovery has been the subject of an objection to
Council Agenda 72 May 200 87 80 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Council's 2003/04 accounts and this report also sum m arises the detailed findings of m y investigation into the issues raised by the objectors.
2. In January 1994 the then external auditor to the Council issued his provisional Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between findings and view s that Asian text and numbers D am e Shirley Porter and others had a case to answ er in respect of the 'Hom es for Votes' affair.
Council Agenda 72 May 200 87 81 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin This dated back to the m id-1980s and concerned the sale of C ouncil hom es in W estm inster in m arginal w ards with the aim of influencing voting patterns in the area. The auditor issued his final report in M ay 1996 confirm ing his provisional view and surcharging Dam e Shirley Porter and others. This was on the basis that the sale of the C ouncil hom es had been
Council Agenda 72 May 200 87 82 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin for an im proper purpose and therefore unlaw ful. D am e Shirley Porter and others becam e personally liable for the loss to the C ouncil caused by their w ilful m isconduct. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 3. O n appeal, the High Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust C ourt in Decem ber 1997 space between Asian text and numbers, Tab stops: Not at 1.25 cm upheld the auditor's surcharge. This decision was subsequently overturned by the Court of Appeal in April 1999. Finally, in D ecem ber 2001, the H ouse of Lords upheld
Council Agenda 72 May 200 87 83 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the auditor's surcharge. W ith interest and costs, the total am ount due from Dam e Shirley Porter and one other under the auditor’s surcharge was approxim ately £33 m illion at that tim e.
4. In April 2004 the C ouncil settled for £12.3 m illion in full and final settlem ent of the debt due from Dam e Shirley Porter. It is this settlem ent, and the
Council Agenda 72 May 200 87 84 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin allegations that the C ouncil had been deficient in its recovery action, that is the subject of this report. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 5. In considering the Adjust space between Latin and Asian text, Adjust space between Asian text and numbers actions of the Council, I have had to judge the reasonableness of the actions of the tim e. It has been suggested, with the benefit of hindsight, that m aybe m ore could have been done at the tim e. For instance, I have accepted that m ore
Council Agenda 72 May 200 87 85 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin could have been spent on investigations earlier, but I have equally recognised that the C ouncil could then quite legitim ately have been criticised for spending m oney at a stage when there was no guarantee of the surcharge being upheld by the Courts. O verall, it is m y view that the Council acted reasonably in the recovery action that it took. In so doing, it was balancing the need to
Council Agenda 72 May 200 87 86 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin recover the m onies ow ed for the benefit of local taxpayers whilst being conscious that expenditure on the recovery process itself w ould also fall on local taxpayers. I am satisfied that a reasonable settlem ent was agreed in the circum stances. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 6. The objection to the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 2003/04 accounts was space between Asian text and numbers w ide ranging. I have, how ever, restricted m y detailed investigations to the
Council Agenda 72 May 200 87 87 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin allegations of negligence and Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space deficiency, m y m ain between Asian text and numbers focus being whether there ought to have been greater recovery for the benefit of the W estm inster local taxpayer. I am aw are that the lead objectors were instrum ental in the 1990s in bringing the then auditor's attention to the 'Hom es for Votes' affair. I com m end the objectors
Council Agenda 72 May 200 87 88 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin for their Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between determ ination and Asian text and numbers persistence in ensuring that Dam e Shirley Porter w as brought to account by way of surcharge. H ow ever, whilst recognising that they strongly believe the C ouncil has been deficient in its pursuit of D am e Shirley Porter since the surcharge was im posed, in m y view this belief is m isguided and sim ply wrong. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 89 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Main findings
7. Much of the criticism levelled at the Council can be sum m arised as follow s:
Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between • the Council took too Asian text and numbers, Tab stops: Not at 2.25 cm long to pursue the debt and this gave Dam e Shirley Porter the tim e she needed to rem ove her assets from the jurisdiction of the British Courts;
Council Agenda 72 May 200 87 90 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin • the Council lacked the w ill to pursue the debt and therefore did not m ake sufficient effort; and Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Title, Indent: Left: 0 cm, Adjust space the approach taken by between Latin and Asian text, Adjust space between • Asian text and numbers, Tab stops: Not at 2.25 cm the Council in the final m ediation process was flaw ed and in consequence the am ount accepted in settlem ent w as inadequate. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers How Long it took to Pursue the Debt
Council Agenda 72 May 200 87 91 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 8. There is no doubt that Adjust space between Latin and Asian text, Adjust it has taken a long tim e space between Asian text and numbers to collect the debt resulting from Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between the 'Hom es for Votes' Asian text and numbers affair; indeed, nearly eight years passed between the date of the auditor's certificate of surcharge and the final settlem ent. This, how ever, does not take account of the fact that the debt was not actually due until Decem ber 2001. The settlem ent w as in April 2004 such
Council Agenda 72 May 200 87 92 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin that the above period is, m ore properly, described as just over two years. In considering whether the C ouncil acted, reasonably, the different circum stances before and after the House of Lords' judgem ent of D ecem ber 2001 has to be taken into account.
Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and Prior to the House of numbers Lords Judgem ent of D ecem ber 2001
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 9. Follow ing the space between Asian text and numbers publication of the
Council Agenda 72 May 200 87 93 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin auditor's provisional view s that there was a case to answ er in January 1994, the C ouncil sought legal advice on whether it could take recovery proceedings at that stage. The advice received was that any such recovery action w ould fail as there was no debt due and therefore no legal cause of action.
10. After the auditor had
Council Agenda 72 May 200 87 94 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin issued his certificate and surcharge in M ay 1996, the Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between C ouncil appointed a Asian text and numbers specialist firm of external solicitors to act on its behalf in the recovery process. Indeed, throughout the recovery process the Council has taken extensive legal advice both from specialist solicitors and Leading and Junior C ounsel as required. I am satisfied that the Council engaged external law yers
Council Agenda 72 May 200 87 95 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ith the appropriate skill and experience. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 11. The Council took numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust Leading Counsel's advice space between Asian text and numbers in July 1996, shortly after the auditor had issued the certificates of surcharge. He advised that there was still no cause of action as the debt would not be payable until after the final resolution of the appeal lodged by Dam e Shirley Porter. Counsel also advised, how ever, that there was a
Council Agenda 72 May 200 87 96 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin “significant prospect” that the Court m ay grant a M areva injunction [ie an order freezing assets w orldw ide]. This aspect of the Counsel’s advice w as highlighted by the objectors and was a m ajor plank in their argum ents. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 12. It was im portant, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: therefore, for m e to Not at 1.25 cm assess whether the advice to the Council Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between w as that it could and Asian text and numbers should have issued
Council Agenda 72 May 200 87 97 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin proceedings for a M areva injunction at this stage. After all, freezing Dam e Shirley Porter’s assets then m ight have m eant that there were significantly greater assets available for eventual recovery. A full reading, how ever, of C ounsel’s advice was that seeking a M areva injunction at that stage w ould go against the then law . This would, therefore, require the C ouncil to seek to
Council Agenda 72 May 200 87 98 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin change the law by taking the application all the w ay to the House of Lords with the substantial cost this w ould involve. In addition, Counsel stated that there were further im pedim ents to seeking a M areva injunction. First, he advised that there were difficulties in obtaining the British C ourt’s perm ission to serve proceedings outside their jurisdiction and second, that there
Council Agenda 72 May 200 87 99 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ere risks to the Council in that it would have to give a cross-undertaking to pay dam ages should D am e Shirley Porter be successful on appeal. In discussion with Counsel, it was agreed that such a course of action would be prem ature. I am satisfied that the Council was acting reasonably in taking the view that pre- em ptive action to protect the Council’s position was not, at this stage, realistically
Council Agenda 72 May 200 87 100 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin possible. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 13. This legal advice was numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust revisited after the High space between Asian text and numbers C ourt upheld the auditor's Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and surcharge in Decem ber numbers 1997 and the advice rem ained unchanged. In April 1999, the Court of Appeal overturned the H igh Court decision and thereby the Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space certificates of surcharge. between Asian text and numbers In som e ways, this vindicated the Council’s caution. Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between There was, as a m atter of Asian text and numbers
Council Agenda 72 May 200 87 101 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin law , no enforceable debt against Dam e Shirley Porter until the decision of the House of Lords in D ecem ber 2001. Therefore, the Council w ould, between the C ourt of Appeal and H ouse of Lords stages, have been at risk of being criticised if it had incurred significant am ounts of public expenditure in undertaking recovery action against Dam e Shirley Porter and the
Council Agenda 72 May 200 87 102 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin surcharges had then not been upheld. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 14. The Council had, numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust how ever, engaged space between Asian text and numbers investigators during this period to carry out som e prelim inary work on identifying Dam e Shirley Porter's assets. Initially it engaged a firm of forensic accountants to look into publicly available inform ation to ascertain the w hereabouts of her assets and, subsequently, a well know n firm of
Council Agenda 72 May 200 87 103 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin investigators to m ake further enquiries. Later, after the House of Lords' decision, the Council engaged a second well- know n investigatory com pany to carry out som e m ore detailed w ork, including talking to inform ants. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 15. It was clear from this numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust w ork that m ost of Dam e space between Asian text and numbers Shirley Porter's assets had been Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and m oved out of the numbers, Tab stops: Not at 1.25 cm country. Large am ounts had been settled in trust
Council Agenda 72 May 200 87 104 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin in the early Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 1980s. It would appear numbers that Dam e Shirley Porter had transferred the m ajority of her rem aining assets to her husband and/or offshore trusts by the late 1990s, that is, prior to the debt becom ing due.
Follow ing the House of Lords' Judgem ent of D ecem ber 2001
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 16. To understand the space between Asian text and numbers process of recovery
Council Agenda 72 May 200 87 105 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin follow ing the House of Lords' decision, it is im portant to be aw are of the chronology of events. The key events are as Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space follow s: between Asian text and numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust • 13 Decem ber 2001: the space between Asian text and numbers, Tab stops: H ouse of Lords upholds Not at 2.25 cm the auditor's certificate of surcharge. On the sam e day, the Council w rote to Dam e Shirley Porter requiring paym ent w ithin the 14 day period after which the debt
Council Agenda 72 May 200 87 106 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ould becom e enforceable.
• 28 Decem ber 2001: the C ouncil starts recovery proceedings including obtaining a worldw ide freezing and disclosure order against Dam e Shirley Porter.
• January 2002: Dam e Shirley Porter m akes disclosure of £300,000 w orth of assets.
• January /February
Council Agenda 72 May 200 87 107 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 2002: the Council appoints a different firm of investigators, in particular to look into inform ation from certain form er em ployees of D am e Shirley Porter’s financial advisers.
• April 2002: application by the Council for sum m ary judgem ent against Dam e Shirley Porter.
• July 2002: sum m ary judgem ent for the
Council Agenda 72 May 200 87 108 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin paym ent of the debt against Dam e Shirley Porter granted by the C ourt.
• Septem ber 2002: Dam e Shirley Porter lodges an appeal against this judgem ent.
• N ovem ber 2002: the C ouncil m akes an application for a wider freezing and disclosure order.
• D ecem ber 2002: Dam e
Council Agenda 72 May 200 87 109 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Shirley Porter's appeal of the sum m ary judgem ent struck out.
• February 2003: the C ourt grants wider freezing and disclosure order.
• January to June 2003: the Council’s solicitors m aintain a dialogue with an inform ant while being m indful that the
Council Agenda 72 May 200 87 110 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin inform ation was likely to have been Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and obtained illegally, i.e. a numbers, Tab stops: Not at 2.25 cm 'tainted' source.
Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between • M arch 2003: the first Asian text and numbers, Tab stops: Not at 2.25 cm of a num ber of disclosure orders granted against D am e Shirley Porter's financial advisers and others.
• 30 June 2003: BBC radio program m e m akes public the ‘tainted source’ inform ation.
Council Agenda 72 May 200 87 111 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
• July 2003: the Council obtains the first of a num ber of Court orders in G uernsey [freezing and disclosure orders] and the British Virgin Islands [disclosure].
• January 2004: the C ouncil starts ‘sham trust’ proceedings in G uernsey.
• April 2004: settlem ent reached with Dam e
Council Agenda 72 May 200 87 112 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Shirley Porter. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Orders against Dame Shirley Porter
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 17. Follow ing the House space between Asian text and numbers, Tab stops: of Lords decision, and Not at 1.25 cm shortly after the debt becam e Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space enforceable, the Council between Asian text and numbers obtained worldw ide freezing and disclosure orders against Dam e Shirley Porter. I am advised that these are draconian orders not
Council Agenda 72 May 200 87 113 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, Adjust space granted lightly by the between Latin and Asian text, Adjust space between C ourts. The freezing Asian text and numbers orders restrained Dam e Shirley Porter from dealing with or in any w ay dim inishing the value of her assets up to the value of £33 m illion and she also had to m ake disclosure with regard to the sam e. Being the standard form of such orders, this only required disclosure with regard to current and not form er assets. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and
numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 18. Dam e Shirley Porter Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 114 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin m ade disclosure in January 2002 of approxim ately £300,000 worth of assets. From this tim e on, the Council was seeking and acting upon extensive legal advice both from specialist solicitors and Counsel. The Council sought Leading Counsel's advice in February 2002 as to the next steps and was not advised that it could seek any further orders in addition to those it
Council Agenda 72 May 200 87 115 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin had already obtained. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 19. Over the next six or numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust seven m onths the space between Asian text and numbers C ouncil pursued further inform ation from investigators. The inform ation obtained provided greater clarity as to the structure of D am e Shirley Porter's offshore trusts. The C ouncil’s solicitors also w rote to Dam e Shirley Porter’s solicitors on a num ber of occasions, asking what had happened to her previous
Council Agenda 72 May 200 87 116 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ealth. Dam e Shirley Porter’s solicitors repeatedly refused to provide this inform ation. The inform ation obtained from inform ants and the paper trail established in correspondence with D am e Shirley Porter’s solicitors put the Council in a position to m ake an application for a wider disclosure order. This w ould then require Dam e Shirley Porter to account for what had happened
Council Agenda 72 May 200 87 117 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin to her previous reputed w ealth. The inform ant inform ation was available from Septem ber 2002 and the Council sought Counsel’s advice on issuing proceedings for a wider order in the sam e m onth. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 20. The Council applied Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust for the wider order in space between Asian text and numbers N ovem ber 2002 and it w as granted in February 2003. This order required Dam e Shirley Porter to identify and
Council Agenda 72 May 200 87 118 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin provide full details of any transactions worth over £100,000 in relation to her assets from January 1994 to the date of the order. I am satisfied that the C ouncil acted reasonably in not seeking the wider freezing and disclosure orders against Dam e Shirley Porter until N ovem ber 2002. It was acting on legal advice that it would be unlikely that such orders would be granted until the
Council Agenda 72 May 200 87 119 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C ouncil had sufficient evidence to dem onstrate their need to the Courts. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 21. On 18 February 2003 D am e Shirley Porter w rote to the Council to say that she w as not going “to participate in the latest proceedings any further”.
Orders against Others
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 22. The objectors have space between Asian text and numbers claim ed that the Council
Council Agenda 72 May 200 87 120 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin should have sought disclosure Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space orders against others, in between Asian text and numbers particular Dam e Shirley Porter's financial advisers, earlier than it did. The C ouncil did consider such action but the external legal advice was that it was not appropriate to follow such a line until after the wider disclosure order against D am e Shirley Porter had been obtained. The
Council Agenda 72 May 200 87 121 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C ouncil Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between w as advised that the Asian text and numbers letter from Dam e Shirley Porter in February 2003 refusing to participate in proceedings any further put the Council in a strong position to argue to the Court that it had to pursue third parties for the inform ation. From M arch 2003 onw ards it obtained a num ber of disclosure orders against the financial advisers and other parties [six in
Council Agenda 72 May 200 87 122 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin total]. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 23. I am satisfied that Adjust space between Latin and Asian text, Adjust space between Asian text and numbers the Council acted reasonably in the way it pursued recovery via third parties, in particular Dam e Shirley Porter's financial advisers. I am of the view , m oreover, that the C ouncil would have been unlikely to have gained any financial advantage had it obtained such orders earlier as it would appear that Dam e Shirley
Council Agenda 72 May 200 87 123 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Porter's assets had already been m oved out of the jurisdiction of the British Courts and into the offshore trusts well before this tim e. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Use of Informants
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 24. Shortly after the space between Asian text and numbers H ouse of Lords' decision in 2001, the Council engaged the Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space second com pany of between Asian text and numbers investigators to assist in tracking dow n Dam e Shirley
Council Agenda 72 May 200 87 124 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, Adjust space Porter's assets, prim arily between Latin and Asian text, Adjust space between by obtaining inform ation Asian text and numbers from various inform ants. That com pany was successful in putting the C ouncil in touch with a num ber of inform ants. This led to the inform ation as to the offshore trust/com pany structure which allow ed the Council to obtain the w ider freezing and disclosure orders noted above. Throughout, the C ouncil acted in accordance with its
Council Agenda 72 May 200 87 125 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin independent legal advice on how it should best use the inform ant inform ation. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 25. In early 2003 the space between Asian text and numbers C ouncil was contacted by an inform ant with inform ation on Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space D am e Shirley Porter's between Asian text and numbers affairs. The objectors have raised concerns that this inform ation was not relied upon at an early
Council Agenda 72 May 200 87 126 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin stage. W hilst it is true that this Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between inform ation, together Asian text and numbers w ith the inform ation obtained by Court orders against Dam e Shirley Porter’s financial advisers, turned out to be im portant to the C ouncil's later recovery action in Guernsey, solicitors and Counsel had advised caution in its use. The inform ant w as suspected of having obtained this inform ation illegally.
Council Agenda 72 May 200 87 127 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Thus, the strategy was to w ait until the inform ation becam e public so that it could be used legitim ately. In the event, the Council's caution was justified as the inform ant was subsequently convicted of the crim inal offence of unlaw ful and unauthorised interception of electronic com m unications. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers The BBC programme
Council Agenda 72 May 200 87 128 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 26. Much has been m ade Adjust space between Latin and Asian text, Adjust by the objectors of a BBC space between Asian text and numbers radio program m e broadcast in June 2003. The program m e did add som ething to the C ouncil's know ledge of D am e Shirley Porter's financial affairs. H ow ever, so also had the fruits of the disclosure orders against Dam e Shirley Porter’s financial advisers. Furtherm ore, the Council’s strategy of w aiting for the m aking public of the inform ation
Council Agenda 72 May 200 87 129 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin obtained illegally noted in paragraph 25 above w as vindicated, and thus the Council was free to now use this inform ation to support further recovery action in the C ourts.
27. In July 2003 the C ouncil obtained the first of a series of Court orders in both Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between G uernsey and the British Asian text and numbers Virgin Islands. It was the inform ation from the financial advisers and
Council Agenda 72 May 200 87 130 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the illegally obtained inform ation, m ade public in the BBC program m e, and the resulting disclosure orders obtained in Guernsey that gave the Council the hard, up-to-date evidence that enabled it to com m ence 'sham trust' and other proceedings in Guernsey. It was this sequence of events that eventually led to the m ediation and settlem ent. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 131 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Alternative Actions
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 28. Questions have also space between Asian text and numbers been raised as to why the C ouncil did not take alternative Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space courses of action, in between Asian text and numbers particular seeking legal advice and com m encing legal proceedings abroad and seeking to m ake Dam e Shirley Porter bankrupt. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 29. In fact the Council did seek legal advice abroad: in Israel,
Council Agenda 72 May 200 87 132 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin G uernsey and the Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space British Virgin Islands. between Asian text and numbers U ltim ately, and in accordance with the advice of its Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between independent legal Asian text and numbers advisers, the Council decided not to m ount legal proceedings abroad other than in Guernsey and the British Virgin Islands. This was due to the significant difficulties that were likely to be encountered and the inform ation that suggested that Dam e
Council Agenda 72 May 200 87 133 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Shirley Porter's assets had already been m oved to the offshore trusts in G uernsey. In these circum stances, and in the absence of reliable evidence that significant assets existed abroad other than in the trusts, I accept that the Council acted reasonably in its approach to seeking foreign legal advice and com m encing legal action abroad. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 30. The Council also numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust considered whether to space between Asian text and numbers
Council Agenda 72 May 200 87 134 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin petition for the bankruptcy of Dam e Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Shirley Porter. The Asian text and numbers advice to the Council, how ever, was that in all likelihood the proceedings would need to be issued in Israel, that they would be contested, m ight not succeed and would be enorm ously expensive. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 135 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
The Recovery Effort Formatted: Font: 12 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 31. I have also Adjust space between Latin and Asian text, Adjust space between Asian text and numbers considered certain aspects of the objectors’ allegations that the Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space C ouncil lacked the between Asian text and numbers political will to seek recovery from Dam e Shirley Porter and Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between this therefore led to Asian text and numbers insufficient effort being m ade. The three issues I considered in this regard w ere the extent to which the recovery action was not sufficiently financed,
Council Agenda 72 May 200 87 136 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin that settlem ent with D am e Shirley Porter was considered at too an early stage, and that unduly negative com m ents were m ade to the press.
Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and Financing the Recovery numbers Action
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 32. The Council has space between Asian text and numbers argued that it spent the m oney that it was beneficial to spend, Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between that all action Asian text and numbers recom m ended by its
Council Agenda 72 May 200 87 137 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin independent legal advisers was taken and that no such action was not taken on account of budgetary constraints. I am satisfied that the C ouncil appointed specialists in the field and acted reasonably in com m itting the expenditure that it did, som e £1.6 m illion. That is not, how ever, to say that the Council could not have spent m ore on the recovery process.
Council Agenda 72 May 200 87 138 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 33. The objectors raised Adjust space between Latin and Asian text, Adjust concerns about the way space between Asian text and numbers in which the Council officers Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space m onitored and controlled between Asian text and numbers the costs of the recovery process. In particular, they alleged that a letter to the Council's legal advisers exhorting them to use junior law yers where appropriate dem onstrated the C ouncil's reluctance to pursue
Council Agenda 72 May 200 87 139 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, Adjust space recovery vigorously. between Latin and Asian text, Adjust space between Sim ilarly, they m ade the Asian text and numbers sam e point about officers querying a potential overspend on the investigator's agreed budget.
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 34. I would have space between Asian text and numbers expected the Council to adopt a prudent approach when com m itting itself to expenditure of this nature. In this situation, it had the difficult task of assessing how m uch it
Council Agenda 72 May 200 87 140 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin should com m it to the recovery process when the am ount that m ight be recovered was unpredictable. I consider it was correct for the C ouncil's officers to seek the m ost econom ic m eans, using staff of the appropriate grade and cost to undertake recovery. Indeed, it dem onstrates that the C ouncil had taken into account the proper stew ardship of public funds entrusted to it and
Council Agenda 72 May 200 87 141 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin I am satisfied that the C ouncil acted reasonably in spending the am ount it did on the recovery process.
Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and Early consideration of numbers settlement
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 35. It has been alleged space between Asian text and numbers that the Council was from an early stage considering Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between settlem ent with Dam e Asian text and numbers Shirley Porter and that this had a m aterial adverse effect on its
Council Agenda 72 May 200 87 142 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin recovery efforts. It is true that at various stages officers were considering settlem ent but I take the view , how ever, that it was appropriate for the C ouncil to consider, at every stage, including early on in the recovery process, whether the public interest, in particular that of local taxpayers, was best served by pursuing the debt or seeking to settle. After all, it was further
Council Agenda 72 May 200 87 143 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin public funds that were being spent at every step of the way with no guarantee of recovery. Furtherm ore, looked at overall, it is apparent that the Council actively pursued Dam e Shirley Porter from the date the debt becam e legally due. I rem ain unconvinced that considering settlem ent along the way had a negative im pact on the overall recovery. Formatted: Font: 12 pt Formatted: Title, Adjust space between Latin and Press com m ents Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 144 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 36. Sim ilarly, the Adjust space between Latin and Asian text, Adjust objectors com plained space between Asian text and numbers that there were repeated m edia briefings of a negative nature by the C ouncil and that these underm ined the chances of Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between recovery. In m y view , Asian text and numbers selective quotations from the m edia prove very little. I am not persuaded, m oreover, that such m edia quotations as I have seen w ould have underm ined the legal action being
Council Agenda 72 May 200 87 145 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin taken by the Council.
Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and The m ediation process numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 37. In April 2004 the space between Asian text and numbers, Tab stops: C ouncil received legal Not at 1.25 cm advice that the Council w as in a position of som e strength. It had recently w on a Court battle and there was a reasonable prospect of m aking som e recovery from its recently launched sham trust proceedings. H ow ever, it also faced w hat was likely to be a
Council Agenda 72 May 200 87 146 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin long and expensive challenge as to whether or not the Guernsey C ourt had jurisdiction to hear the case. This was unlikely to establish anything of substance and would leave the C ouncil with no certainty of the final outcom e. The Council's legal advisers therefore advised that m ediation w as a good idea at that tim e. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 38. The fact that the Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 72 May 200 87 147 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin overall debt ow ed by D am e Shirley Porter was in the region of £44 m illion [including additional claim s, interest and costs] does not necessarily m ean that a settlem ent of £12.3 m illion was a bad deal. There is a need to consider the position of the Council in the light of a com plex recovery process inhibited by the lack of cause of action before Decem ber 2001. Furtherm ore, there was
Council Agenda 72 May 200 87 148 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the need to consider that m ost of Dam e Shirley Porter's assets had already been transferred abroad by the tim e the debt becam e due and recovery action was realistically possible. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 39. Before negotiating Adjust space between Latin and Asian text, Adjust space between Asian text and numbers the settlem ent the C ouncil agreed a settlem ent strategy that contained a 'bottom line' figure based on a num ber of risk factors. These w ere the costs to date,
Council Agenda 72 May 200 87 149 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin anticipated future costs if proceedings continued and, im portantly, independent legal advice from Counsel as to the chances of successful recovery action in respect of each of the offshore trusts. Overall, the Council contends that the £12.3 m illion finally agreed was a 'good deal' as it was significantly m ore than the 'bottom line' figure and was well within C ouncil's risk analysis.
Council Agenda 72 May 200 87 150 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Indeed, applying C ounsel’s advice as to chances of recovery from each of the offshore trusts, a figure of £6.5 m illion was a m ore likely level of recovery. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and 40. I have noted, numbers Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust m oreover, that the whole space between Asian text and numbers of the value ascribed to D am e Shirley Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and Porter’s wealth by her numbers form er financial adviser [approxim ately £20 m illion] less the value of the m onies placed in trust by Dam e Shirley
Council Agenda 72 May 200 87 151 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Porter prior to 1994 and therefore outside of the sham trust proceedings [approxim ately £8 m illion] is roughly approxim ate to the am ount of settlem ent, £12.3 m illion.
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 41., I have carefully space between Asian text and numbers review ed the Council’s asserted justification and concluded that the C ouncil did act reasonably in form ulating both the
Council Agenda 72 May 200 87 152 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin ‘bottom line’ figure and the final am ount for settlem ent. So critical is this to the objectors’ case that I have taken independent legal advice on this issue. M y legal adviser review ed the substantial docum entation gathered together during the investigation and assessed the Council’s legal action as a m atter of private and public law . H er advice, which I have accepted, is that in the
Council Agenda 72 May 200 87 153 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin circum stances the figure settled upon was not unreasonable.
42. Finally, concerns have been raised both w ith regard to the settlem ent containing confidentiality clauses and it not having undertakings that would have allow ed later action if further assets were to be identified. I am advised that it is extrem ely com m on for settlem ents of this
Council Agenda 72 May 200 87 154 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin nature to have clauses as to confidentiality and, m oreover, that without these clauses it would have been unlikely that D am e Shirley Porter w ould have agreed to settle. Sim ilarly, if the C ouncil had not agreed to the settlem ent being final then, in m y view , it w ould not have been acceptable to the other side, finality being, after all, one of the m ain benefits to Dam e Shirley Porter.
Council Agenda 72 May 200 87 155 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and C onclusions numbers
43. It is not m y responsibility, as auditor, to substitute m y judgem ent for that of the Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between C ouncil. Rather, I have Asian text and numbers to consider the Council’s decision m aking processes and whether it has adequately discharged its fiduciary duty. W hilst I recognise that the Council settled for considerably less than the am ount
Council Agenda 72 May 200 87 156 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin surcharged, I am satisfied that it acted reasonably in its recovery action and did not therefore fail in its fiduciary duty. The C ouncil had to balance the certainty of a lesser sum against the potential for a larger one and I have concluded that the final settlem ent w as, in the light of circum stances prevailing at the tim e, reasonable.
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust 44. This is not to say space between Asian text and numbers
Council Agenda 72 May 200 87 157 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin that other actions m ay not have led to a different outcom e. W ith the benefit of hindsight, it is possible to point to som e alternative approaches that could have been taken and actions that could have been taken earlier. H ow ever, I have had to form a view on whether the action taken was reasonable at the tim e. G iven the circum stances outlined in this report, in particular the
Council Agenda 72 May 200 87 158 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin extensive reliance on expert independent legal advice and the fact that no one was, at the tim e, able to reliably identify any significant assets ow ned by Dam e Shirley Porter over and above those already know n by the Council, I am satisfied that the approach follow ed by the C ouncil was reasonable.
45. It would seem to m e that the recovery process has been
Council Agenda 72 May 200 87 159 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin ham pered by both the success of Dam e Shirley Porter in m oving the m ajority of her assets abroad prior to the debt becom ing due and the length of tim e it took to get that far. Neither of these factors was within the Council’s control. H er rem aining assets w ould seem to have been m oved early on in the surcharge process, at a point in tim e when the C ouncil was not realistically able to take
Council Agenda 72 May 200 87 160 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin legal action. Given this, recovery of the full am ount was always going to be very difficult. Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 46 . Finally, I recognise Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust that m any will not be space between Asian text and numbers satisfied with the final outcom e, as it Formatted: Title, Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space w ould appear, given her between Asian text and numbers recent visits back to the U K , that Dam e Shirley Porter still has access to considerable funds. H ow ever, I have been considering the Formatted: Title, Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between period of tim e leading up Asian text and numbers
Council Agenda 72 May 200 87 161 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin to the settlem ent in 2004. The Council m ust be judged on the reasonableness of its actions at that tim e and not with the benefit of hindsight. The question is, did it, in all the circum stances that prevailed at the tim e, m ake a reasonable recovery of the m onies due to W estm inster's taxpayers? Formatted: Title, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers I am satisfied that it did. In m y view , it is now
Council Agenda 72 May 200 87 162 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin tim e to bring this m atter to a close and m ove on from the past.
Les Kidner D istrict Auditor
15 M arch 2007 Formatted: Title, Left
Council Agenda 72 May 200 87 163 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin APPENDIX 2
CITY OF WESTM INSTER
PU BLIC INTER EST Formatted: Title R EPO R T RE: SETTLEM ENT WITH DAM E SH IRLEY PO RTER AND OTHERS
SUM M ARY OF DECISION PUR SUANT TO SECTION 12 OF TH E AU D IT COM M ISSION ACT 1998
O n 15 th M arch 2007 the D istrict Auditor
Council Agenda 72 May 200 87 164 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin published a public interest report concerning his rejection of certain objections to the City Council’s accounts for the year 2003/4.
The subject m atter of the report concerns objections to the City C ouncil’s accounts for 2003/4 follow ing a settlem ent of £12.3 m illion agreed with D am e Shirley Porter and others in April 2004 in
Council Agenda 72 May 200 87 165 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin respect of sum s she had been ordered to pay the C ity Council by way of “surcharge”, interest and costs in relation to the so called “hom es for Votes” affair. The total sum due at the tim e of the settlem ent was in the order of £44 m illion and the objection was m ade on the basis that the City Council had failed to recover the full am ount due.
The m ain conclusions of
Council Agenda 72 May 200 87 166 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Public Interest report are:-
(1) That the Council acted reasonably in the recovery action that it took.
(2) That a reasonable settlem ent was agreed in the circum stances.
(3) That whilst Formatted: Title, Indent: Left: 0 cm, First line: 0 cm recognising that the objectors strongly believe the Council has been deficient in its
Council Agenda 72 May 200 87 167 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin pursuit of Dam e Shirley Porter since the surcharge was im posed, this belief is “m isguided and sim ply wrong”.
(4) That it is now tim e to bring this m atter to a close and m ove on from the past. Formatted: Title The City Council has noted the District Auditor’s findings and his rejection of the objection and agrees w ith his conclusions.
Council Agenda 72 May 200 87 168 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: R EPO R T OF TH E CABINET ON 16 APR IL 2007 Margin
The follow ing M em bers of the Cabinet were present:
C ouncillors: Sir Sim on Formatted: Title, Tab stops: Not at 3 cm + 7 cm M ilton - Leader of the C ouncil C olin Barrow - Deputy Leader and Cabinet M em ber for Finance and Support Services R obert Davis - Chief W hip and Cabinet M em ber for Planning Ian Adam s - C abinet
Council Agenda 72 May 200 87 169 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin M em ber for Health and Adult Social Services D aniel Astaire - Cabinet M em ber for Custom er and Com m unity Services Alan Bradley - Cabinet M em ber for Street Environm ent D anny Chalkley - C abinet M em ber for Econom ic D evelopm ent and Transport Angela Harvey - C abinet M em ber for
Council Agenda 72 May 200 87 170 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin H ousing Audrey Lew is - Cabinet M em ber for Com m unity Protection and Licensing Sarah Richardson - C abinet M em ber for C hildren’s Services
Also Present: C ouncillors Alastair M oss and Barrie Taylor
The follow ing paragraphs refer to issues upon w hich the Cabinet took executive decisions:
Council Agenda 72 May 200 87 171 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
1. Annual Audit and Inspection Letter Formatted: Title, Tab stops: Not at 1.25 cm + 7 cm Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) W e have considered Tab stops: Not at 1.25 cm + 3 cm + 7 cm a report on the Auditor’s Annual Audit and Inspection Letter. The Annual Letter provides an overall sum m ary of the Audit Com m ission’s assessm ent of the C ouncil, based on its w ork during the course of the year. The key elem ents being: the audit of financial statem ents; the annual governance
Council Agenda 72 May 200 87 172 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin report; and the use of resources assessm ent. The Letter has been circulated to all M em bers of the Council. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (b) Les Kidner, the Tab stops: Not at 1.25 cm + 3 cm + 7 cm C ouncil’s relationship m anager and Auditor, and the Audit M anager, M artin Searle, attended our m eeting. M r Kidner introduced the Annual Letter which am ounted to a very positive report on the Authority. The C ity Council is judged as
Council Agenda 72 May 200 87 173 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin providing good value for m oney and is assessed as im proving strongly. In addition all service scores are good or excellent. The Auditor has given an unqualified opinion on the Council’s statem ent of accounts and pension fund for the year ended 31 M arch 2006 and, last m onth, issued a public interest report on his decision not to uphold the objection to the C ouncil’s 2003/04
Council Agenda 72 May 200 87 174 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin accounts. (NB: This is the subject of a separate report on the Council agenda). Formatted: Title, Tab stops: Not at 3 cm + 7 cm
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (c) Arising from his Tab stops: Not at 1.25 cm + 3 cm + 7 cm w ork the Auditor had identified two key actions for the Council relating to (i) services provided through contracts with third parties and (ii) the level of balances. M r Kidner
Council Agenda 72 May 200 87 175 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin inform ed the Cabinet that, in both cases, he w as satisfied with the response provided by the D irector of Finance and R esources. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (d) C ouncillor Colin Tab stops: Not at 1.25 cm + 3 cm + 7 cm Barrow , Deputy Leader and Cabinet M em ber for Finance and Support Services, thanked the Auditor for his report and for attending the m eeting. He also paid tribute to the Finance and Resources
Council Agenda 72 May 200 87 176 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin D epartm ent and to staff across the Council whose efforts had resulted in such a positive Annual Letter from the Auditor. Formatted: Title, Tab stops: Not at 3 cm + 7 cm
2. Strategic Review 2007/08 Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) W e have considered Tab stops: Not at 1.25 cm + 7 cm the annual Strategic R eview report review ing achievem ents over the past year and setting out the City Council’s priorities over the next 12 m onths taking account of the Leader’s
Council Agenda 72 May 200 87 177 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Speech to the Council on 7 M arch 2007. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (b) 2006/07 was another Tab stops: Not at 1.25 cm + 3 cm + 7 cm year of rem arkable achievem ent for the City C ouncil. The Audit C om m ission confirm ed W estm inster’s status as a 4 star council and one that is im proving strongly and the Council increased its “U se of R esources” and “Value for M oney” scores. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (c) M ajor im provem ents Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 72 May 200 87 178 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin have com e about through the One City program m e and, via W orksm art, the C ouncil has begun to unlock the resources necessary to deliver the O ne City am bition. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (d) 2007/08 is the Tab stops: Not at 1.25 cm + 3 cm + 7 cm second year of “O ne C ity”, and the projects announced in the Leader’s Speech will ensure that W estm inster continues in its am bition to lead the field in world- class city m anagem ent.
Council Agenda 72 May 200 87 179 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin W e have received details of the 18 new projects announced in the Leader’s Speech that will take forward the One C ity vision. These are grouped under the four underpinning them es of O ne City - Order, O pportunity, Enterprise and Renew al. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (e) W e have endorsed Tab stops: Not at 1.25 cm + 3 cm + 7 cm the Strategic Review and agreed the governm ent relations, consultation and com m unications
Council Agenda 72 May 200 87 180 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin program m es which will support the delivery of the Council’s priorities. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (f) As part of the next Tab stops: Not at 1.25 cm + 3 cm + 7 cm steps, individual Cabinet M em bers, in consultation w ith Overview and Scrutiny Com m ittees, w ill consider how to address the priorities and financial prospects as part of the ongoing corporate perform ance m anagem ent cycle. Formatted: Title, Tab stops: Not at 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (g) Finally, we have Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 72 May 200 87 181 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin noted that proposals for a City-wide neighbourhoods m odel covering governance, m anagem ent and engagem ent will be com ing forward later in the year. Options for devolving m anagem ent to a neighbourhood level w ill also be developed, starting with Church Street M arket, and we have agreed that a governance group should be established com prising a num ber of
Council Agenda 72 May 200 87 182 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin different stakeholders to take this work forward.
3. Every Older Person M atters Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) The Leader in his Tab stops: Not at 1.25 cm + 3 cm + 7 cm annual speech to the C ouncil in M arch 2006 announced an Every O lder Person M atters program m e of action to be based on helping older people achieve better outcom es, including im proved health and quality of life, m ore personal choice and
Council Agenda 72 May 200 87 183 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin control, personal dignity and the chance to m ake a positive contribution taking a whole Council approach as well as a partnership with health, police and the voluntary sector. Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (b) A great deal of Tab stops: Not at 1.25 cm + 3 cm + 7 cm progress has been m ade over the past year to establish the Every Older Person M atters agenda across the full range of C ouncil functions. An O lder People’s Board, led
Council Agenda 72 May 200 87 184 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin by Councillor Ian Adam s, the Cabinet M em ber for H ealth and Adult Social C are, has been m eeting w ith service departm ent leads and a series of new services and com m itm ents to be delivered over the course of One City have been developed and consulted upon for im plem entation over the life of the corporate One City strategy. Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (c) Every Older Person Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 72 May 200 87 185 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin M atters represents an opportunity to m ainstream services for older people, and to raise the profile of specific service needs across the C ouncil. The approach also presents the Council w ith a real opportunity to m ake a significant im pact on the preventative agenda, in line with future NH S spending priorities and the W hite Paper on the Future of Com m unity C are. By helping older
Council Agenda 72 May 200 87 186 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin residents to m aintain healthy and active lifestyles for longer, their overall quality of life can be sustained and im proved and the need for costly social care services in future can be m itigated. Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (d) W e have adopted Tab stops: Not at 1.25 cm + 3 cm + 7 cm Every Older Person M atters as Council policy and have agreed the targets and deliverables presented to us for inclusion in service
Council Agenda 72 May 200 87 187 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin business plans for 2007/08 and as the basis for further work over the life of One City. Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm
4. G ender Equality Schem e
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) As a result of the Tab stops: Not at 1.25 cm + 3 cm + 7 cm Equality Act 2006 the C ity Council, like all public authorities, has a specific duty to produce and publish a Gender Equality Schem e by 30 April 2007, setting out how it intends to deliver its duties under the Act.
Council Agenda 72 May 200 87 188 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (b) W e have considered Tab stops: Not at 1.25 cm + 3 cm + 7 cm a Policy Statem ent setting out how the C ouncil intends to m eet its duties under the Equality Act 2006. Tw o action plans have been drafted setting out how the City Council will fulfil its specific duties. The first action plan outlines the steps the C ouncil will take to prom ote equality for m en and wom en who w ork for the Council.
Council Agenda 72 May 200 87 189 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin The second action plan outlines the steps the C ouncil will take to prom ote equality for m en and wom en accessing the Council services. These action plans are em bedded in the Council’s business planning process for 2007/08.
(c) The Chief Officers’ D iversity Group will m onitor progress on a six-m onthly basis and
Council Agenda 72 May 200 87 190 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin progress will be review ed each year with active participation by both internal and external shareholders, in line with statutory requirem ents. Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm (d) W e have approved, subject to certain revised w ording suggested during our discussion of this issue, the Gender Equality Schem e 2007/10.
Council Agenda 72 May 200 87 191 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
SIR SIMON M ILTO N , Chairm an
Formatted: Title, Left, Tab stops: Not at 1.25 cm + 3 ______cm + 7 cm ______Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Local Governm ent (Access to Inform ation) Act, 1972 – Background Papers
R eports and M inutes of the Cabinet m eeting held on 16 April 2007
Council Agenda 72 May 200 87 192 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Council Agenda 72 May 200 87 193 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title
Council Agenda 72 May 200 87 194 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE COMMITTEE OF THE CABINET ON 11 APRIL 2007 Margin Formatted: Font: Arial Bold The follow ing M em bers of the Com m ittee were present:
Formatted: Title, Tab stops: Not at 3.25 cm + 7.75 C ouncillors: Sir Sim on cm + 8.75 cm M ilton and Sarah R ichardson Formatted: Title
1. Building Schools for the Future (BSF) Procurem ent Formatted: Font: 14 pt Process – Evaluation of Bidders’ Responses and Invitation to Formatted: Font: 14 pt Subm it Final Tenders
Formatted: Title, No bullets or numbering 2.1.2 W e noted the results of Formatted: Bullets and Numbering the Invitation to C ontinue the Dialogue agreed that both Bidders
Council Agenda 72 May 200 87 195 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin should be invited to subm it final tenders. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm Formatted: Title, No bullets or numbering (b) W e noted that, in order Formatted: Bullets and Numbering to keep to the agreed tim escales, it was Final Tenders to be issued on the target date. How ever, we agreed that the invitation could initially issued in draft. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm Formatted: Title, No bullets or numbering (c) W e authorised the Chief Formatted: Bullets and Numbering Executive to agree the proposed arrangem ents for the Local Education
Council Agenda 72 May 200 87 196 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Partnership. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm Formatted: Title, No bullets or numbering 2.1.7 W e agreed the transfer Formatted: Bullets and Numbering of part of the St M arylebone site and the granting of a long lease of the Lanark Road site to the Trustees of St G eorge’s RC School; and ; noted the position in relation to the potential for disposal of residential provision at Blandford Street. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm Formatted: Title, No bullets or numbering (e) W e agreed that Bidders Formatted: Bullets and Numbering should be instructed to
Council Agenda 72 May 200 87 197 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin subm it a M andatory Variant Tender to include connection to the Pim lico District H eating Undertaking, in addition to their standard Tender, in order that we m ay consider the relative costs and benefits, including the environm ental benefits, for a future decision on the way forward. Formatted: Title
SARAH RICH ARDSO N, Formatted: Title, Indent: Left: 0 cm, First line: 0 cm
Council Agenda 72 May 200 87 198 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C hairm an Formatted: Title, Left ______Formatted: Title
Local Governm ent Formatted: Title, Indent: Left: 0 cm (Access to Inform ation) Act 1972 – Background Papers The agenda and reports for the Com m ittee of the C abinet M eeting on 11 April 2007 Formatted: Title Formatted: Title, Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 72 May 200 87 199 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Council Agenda 72 May 200 87 200 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin R eports of Decisions and Recom m endations (if any) to the Formatted: Font: 14 pt C ouncil of Individual Cabinet M em bers for the Period Formatted: Title 8 M arch 2007 – 19 April 2007 Formatted: Title, Left The follow ing issues are referred to the Council for inform ation: Formatted: Title, Indent: Left: 0 cm TH E LEAD ER (Councillor Sir Sim on M ilton)
1. D raft Oxford Street, Regent Street and Bond Street Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Action Plan: Approval to com m it revenue and capital Tab stops: Not at 1.25 cm expenditure in 2006/07 – 19 M arch 2007 Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.59 cm C ouncillor Sir Sim on M ilton approved the release of £120,000 from O ne City funds set aside for 2006/07 tow ards the launch of the Draft Action Plan.
Council Agenda 72 May 200 87 201 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2. Extension of Date For Service of Notice On CityW est Margin Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, H om es – 28 M arch 2007* Tab stops: Not at 1.25 cm
Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.59 cm C ouncillor Sir Sim on M ilton authorised the D irector of Legal and Adm inistrative Services to agree form ally with C ityW est Hom es that both parties have the right to give notice in w riting at any tim e on or before 31 st M ay 2007 pursuant to paragraph 62.2 of the Agreem ent and that such notice will have the effect of determ ining the
Council Agenda 72 May 200 87 202 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Agreem ent 6 m onths from the date of the notice.
3. Application for Leave of Absence (Councillor Batty) – 28 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Sir Sim on M ilton approved the request for leave of absence until 30 June 2007
4. W estm inster’s Local Area Agreem ent (LAA) -2007/08 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Budget and 2006/07 Six Month Review – 28 M arch 2007 Tab stops: Not at 1.25 cm Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at C ouncillor Sir Sim on 1.25 cm M ilton agreed the LAA budget for 2007/08, including the allocation
Council Agenda 72 May 200 87 203 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin of funding to W estm inster City Partnerships Networks and noted the proposed am endm ents to the LAA required by Central G overnm ent, those put forward by the W C P and the six-m onthly perform ance of the LAA and the provisional rating of ‘green’ proposed by Governm ent O ffice for London.
Council Agenda 72 May 200 87 204 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
CABINET MEM BER FOR FINANCE AND SUPPOR T SERVICES Formatted: Title, Indent: Left: 0 cm (Councillor Colin Barrow ) Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.25 cm 5. W estbourne House – Short Term Lease Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Arrangem ents – 13 M arch 2007* Tab stops: Not at 1.25 cm Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.25 cm C ouncillor Colin Barrow Formatted: Title, Indent: Left: 0 cm, First line: 0 cm concurred with the decision of the Cabinet M em ber for Children’s Services:
1. That the Council takes a lease of
Council Agenda 72 May 200 87 205 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin W estbourne House to expire on 31 July 2007 on the term s set out in the report and all necessary action be taken to provide alternative accom m odation for the Youth Service/C onnexions Team at Cosw ay Street to be funded from existing budgets. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 0.63 cm 2. That the Director of Property and Strategic Projects and the Director
Council Agenda 72 May 200 87 206 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin of Legal and Adm inistrative Services be authorised to agree any m inor variations to the term s set out in this report in order to conclude all necessary legal docum entation accordingly and to do everything necessary to give effect to the above recom m endations. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm 6. Council Tax, NND R , Housing Benefit Overpaym ents, R ent Arrears – Irrecoverable Debt – 13 M arch 2007* Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Barrow approved the write off of the irrecoverable debt
Council Agenda 72 May 200 87 207 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin set out in the report and noted the am ounts show n in the report as w ritten-off under officer delegated authority.
7. M anagem ent Transfer of the Non-HR A Residential Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Portfolio to CityW est Hom es – 13 M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Barrow concurred with the Cabinet M em ber for H ousing that the m anagem ent of the 140 non-HR A residential units be transferred to C ity W est Hom es with effect from 1 st April 2007 upon paym ent of their
Council Agenda 72 May 200 87 208 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin fee agreed at £40,000 per annum to be paid by the Council in 12 m onthly instalm ents and recouped from the Lessees through their service charge. Formatted: Title, Indent: Left: 0 cm 8. D raft Oxford Street, Regent Street and Bond Street Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Action Plan: Approval to com m it revenue and capital Tab stops: Not at 1.25 cm expenditure in 2006/7 – 19 M arch 2007 Formatted: Title C ouncillor Colin Formatted: Title, Indent: Left: 0 cm Barrow concurred with the decision of the C abinet M em ber for Econom ic D evelopm ent and Transport and approved
Council Agenda 72 May 200 87 209 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the release of £235,000 from the 2006/ 07 C apital Program m e for the proposals referred to in the report. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm
9. G eorge Eliot Infant School NW 8 – Roof W orks – 13 M arch Formatted: Title 2007
C ouncillor Colin Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Barrow approved expenditure of up to £160,000 for urgent roofworks at George Eliot School with the costs being m et by virem ent from slippage in schem es w ithin the Corporate
Council Agenda 72 May 200 87 210 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Property Capital Program m e 2006/07.
10. Proposed Paym ent of Redundancy and Severance – 16 M arch 2007*
C ouncillor Colin Barrow endorsed the decision of the Cabinet M em ber for Custom er and Com m unity Services set out at paragraph 27.
11. R eview of Infrastructure and Support - Legal and Adm inistrative Services– 19 M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Barrow agreed:
Council Agenda 72 May 200 87 211 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 1. The revised structure Tab stops: Not at 1.25 cm for the Practice M anagem ent Unit set out in the appendix to the report.
2. The three posts referred to in recom m endation 2.2 of the report be re- designated at grades to be determ ined by the H ead of Hum an R esources.
3. The post of Practice Formatted: Title, Indent: Left: 0 cm, First line: 0 cm M anagem ent Services
Council Agenda 72 May 200 87 212 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin O fficer (D0083) be deleted with effect from a date to be agreed between the Director of Legal and Adm inistrative Services and the Head of H um an Resources.
That the post of Senior Formatted: Title, No bullets or numbering Adm inistrative Assistant (post A0084) be transferred to the Practice M anagem ent U nit with the job role redefined and at a grade to be determ ined by the H ead of Hum an
Council Agenda 72 May 200 87 213 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin R esources. Formatted: Title, Indent: Left: 0 cm 12. Variation to the Local Authority Agreem ent W ith BT – 26 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm M arch 2007*
C ouncillor Colin Barrow approved the variations to the Local Authority Agreem ent set out in the report and authorised the Director of Custom er Services to negotiate the final detail of such variations in liaison with the Director of Legal and Adm inistrative Services and/or external law yers.
Council Agenda 72 May 200 87 214 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
13. W histle Blow ing Policy/Procedure – Public Disclosure Act – 29 M arch 2007
C ouncillor Colin Barrow Formatted: Title, Indent: Left: 0 cm agreed the W histleblow ing Policy/Procedure attached to the report.
14. Case for M arket Factor Supplem ent - Head of Finance Formatted: Title, Indent: Left: 0 cm, First line: 0 cm H ousing post – 29 M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Barrow agreed that a m arket factor supplem ent of £10,000 be offered for
Council Agenda 72 May 200 87 215 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Head of Finance H ousing post within the Finance Departm ent in order to attract high calibre candidates with the technical know ledge and experience required to undertake the role.
15. Capital ICT Project – W elcom e To W estm inster –Stage Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Tw o – 30 M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Barrow approved the call dow n from the Capital Program m e of £91k and appropriate virem ent w ithin the Program m e.
Council Agenda 72 May 200 87 216 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 16. Early Paym ent of Pension and Benefits Under the 85 Margin Year Rule – 30 March 2007* Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Formatted: Title, Indent: Left: 0 cm C ouncillor Colin Barrow agreed the Legal Services Practice M anager be allow ed to receive im m ediate paym ent of his funded pension benefits upon his leaving the Council’s em ploym ent on 7 th O ctober 2007.
CABINET MEMBER FOR PLANNING Formatted: Font: Arial Bold, 14 pt, Underline (Councillor Robert Davis) Formatted: Font: Arial Bold, 14 pt Formatted: Font: Arial Bold, 14 pt, Underline 17. W hitehall Streetscape Project – Im plem entation and Formatted: Font: Arial Bold, 14 pt C onditions of Grant Agreem ent – 9 M arch 2007* Formatted: Font: Arial Bold, 14 pt, Font color: Auto Formatted: Title Formatted: Title, Indent: Left: 0 cm, First line: 0 cm C ouncillor Robert Davis Formatted: Title, Indent: Left: 0 cm
Council Agenda 72 May 200 87 217 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin concurred with the C abinet M em ber for Econom ic Developm ent and Transport in deciding:
1. the highw ay Formatted: Title, Indent: Left: 0 cm, First line: 0 cm im provem ents and security upgrades in the W hitehall Streetscape Project.
2. capital expenditure of £22,000,000 to enable the im plem entation of the proposals, which will be fully funded by the
Council Agenda 72 May 200 87 218 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C abinet Office prior to any works being carried out.
3. capital expenditure up to a further £5,418,000 to enable the com pletion of im plem entation of the proposals, if additional funding proves necessary and it is provided by a third party, in whole or part.
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 4. authority being Space After: 0 pt delegated to the Director
Council Agenda 72 May 200 87 219 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin of Transportation to sign the Conditions of Grant Agreem ent between the C abinet Office and the C ity Council.
5. authority being Formatted: Title, Indent: Left: 0 cm, First line: 0 cm delegated to the Director of Transportation to instruct changes in design as and when necessary should difficulties be encountered during im plem entation, in consultation with the C abinet M em ber for
Council Agenda 72 May 200 87 220 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Planning and Cabinet M em ber for Econom ic D evelopm ent and Transport. Formatted: Title 18. Judicial Review Claim by Save Britain’s Heritage, Formatted: Title, Indent: Left: 0 cm, First line: 0 cm M iddlesex Guildhall, Broad Sanctuary, SW 1 – 20 March 2007* Formatted: Font: 12 pt Formatted: Title, Indent: Left: 0 cm C ouncillor Robert Davis Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm agreed that the City C ouncil continues to defend the current application and does not subm it to judgem ent. Formatted: Font: 12 pt 19. Satellite Dishes: A guide to siting and design: adoption Formatted: Title, Indent: Left: 0 cm, First line: 0 cm as Supplem entary Planning Guidance (SPG ) – 26 M arch 2007 Formatted: Font: 14 pt
Formatted: Title, Indent: Left: 0 cm C ouncillor Robert Davis agreed that the SPG on satellite dishes be adopted.
20. St John’s W ood Conservation Area Audit and Boundary Formatted: Title, Indent: Left: 0 cm, First line: 0 cm R eview – Agreem ent for Public Consultation – 26 M arch 2007 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm C ouncillor Robert Davis agreed the draft St John’s Wood Conservation Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at Area Audit and Boundary Review for consultation purposes. 1.25 cm Formatted: Font: 14 pt 21. Bessborough Tow ers Security Im provem ent – 3 April Formatted: Title, Tab stops: Not at 1.25 cm
Council Agenda 72 May 200 87 221 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2007* Margin Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at C ouncillor Robert Davis concurred with the decision of the Cabinet 1.25 cm M em ber for Econom ic Developm ent and Transport and the Cabinet M em ber for Street Environm ent that:
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 1. The highw ay Space After: 0 pt im provem ents and security m easures surrounding Bessborough Tow ers as show n on D raw ing GA-001 Revision C of the report be approved; 2. C apital expenditure of £570,000 be approved (which does not include the cost of W estm inster ‘City’ type security bollards which are being provided by BSG ) to
Council Agenda 72 May 200 87 222 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin enable the im plem entation of the proposals, which will be fully funded by the Building Services Group prior to any works being carried out, and 3. The pow er to m ake such traffic orders as m ay be needed for the im plem entation of the proposals and to form ulate statem ents of reasons in support of any such orders be delegated to the Director of Transportation. Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.25 cm
Council Agenda 72 May 200 87 223 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
Econom ic Developm ent and T ransport Formatted: Title, Indent: Left: 0 cm (Councillor Danny Chalkley) Formatted: Title 22. W hitehall Streetscape Project – Im plem entation and Formatted: Title, Indent: Left: 0 cm, First line: 0 cm C onditions of Grant Agreem ent – 9 M arch 2007* Formatted: Font: 12 pt Formatted: Title C ouncillor Danny Formatted: Title, Indent: Left: 0 cm C halkley concurred with the decision of the C abinet M em ber for Planning set out in paragraph 17.
23. D raft Oxford Street, Regent Street and Bond Street Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Action Plan: Approval to com m it revenue and capital Tab stops: Not at 1.25 cm expenditure in 2006/7 – 19 M arch 2007 Formatted: Title C ouncillor Danny Formatted: Title, Indent: Left: 0 cm C halkley concurred with the decision of the
Council Agenda 72 May 200 87 224 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C abinet M em ber for Finance and Support Services set out at paragraph 8. Formatted: Font: 12 pt 24. Bessborough Tow ers Security Im provem ent – 3 April Formatted: Title, Tab stops: Not at 1.25 cm 2007* Formatted: Font: 14 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Space After: 0 pt C ouncillor Danny Formatted: Title, Indent: Left: 0 cm C halkley concurred with the decision of the C abinet M em ber for Planning and the Cabinet M em ber for Street Environm ent set out at paragraph 21. Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 25. W estbourne Green Redevelopm ent: Carriagew ays, 1.25 cm Footways and Public Lighting – 3 April 2007 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, C ouncillor Danny Chalkley concurred with the decision of the Cabinet Tab stops: Not at 1.25 cm M em ber for Street Environm ent and agreed that: Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.25 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 1. Approval be given to Tab stops: Not at 2.25 cm
Council Agenda 72 May 200 87 225 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Carriagew ay and Footway proposals detailed in Appendix 2 of the report.
2. Approval be given to the Public Lighting proposals detailed in Appendix 3 of the report.
3. Approval be given to capital expenditure of £1,285,000 to design and im plem ent the proposed carriagew ay, footway and street lighting im provem ents to the
Council Agenda 72 May 200 87 226 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin W estbourne Green area.
4. Authority to m ake changes to the approved C arriagew ay, Footway and Public Lighting proposals be delegated to the Director of Transportation, with the proviso that the overall budget is not exceeded and that the Cabinet M em bers are consulted on any changes other than those which in the opinion of the Director are insignificant. Formatted: Title, Indent: Left: 0 cm
Council Agenda 72 May 200 87 227 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 26. Street Signs – 5 April 2007* Margin Formatted: Title Formatted: Font: 12 pt C ouncillor Danny Formatted: Title, Indent: Left: 0 cm C halkley concurred with the Cabinet M em ber for C om m unity Protection and Licensing that: Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, 1. The Director of Legal Tab stops: Not at 2.25 cm and Adm inistrative Services be authorised to enter into an agreem ent w ith the estate of Sir O liver M isha Black to assign the copyright in the designs of six street nam e plates to the City C ouncil for the sum of £7,500.
Council Agenda 72 May 200 87 228 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
2. The Director of Transportation be granted delegated authority to grant licences to anyone w ishing to copy the street nam e plate designs.
3. The Director of Transportation be granted delegated authority to im pose conditions on the grant of such licences, including a requirem ent
Council Agenda 72 May 200 87 229 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin to pay a licence fee, the level of which in each case is to be determ ined in consultation with the D irector of Finance and R esources.
4. The Director of C om m unity Protection be granted delegated authority to m onitor breaches of copyright and report infringem ents to the Director of Legal and Adm inistrative Services and to instruct him to take civil and/or
Council Agenda 72 May 200 87 230 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin crim inal proceedings, in appropriate cases.
CABINET MEM BER FOR CUSTOM ER AND COM M UNITY Formatted: Title, Indent: Left: 0 cm SER VICES (Councillor Daniel Astaire)
27. Proposed Paym ent of Redundancy and Severance – 16 Formatted: Title M arch 2007* Formatted: Title, Indent: Left: 0 cm C ouncillor Daniel Astaire agreed an individual in the Custom er Services D epartm ent be paid redundancy benefits in accordance with the agreed procedures.
28. Fees and Charges for W estm inster Libraries and Archives Formatted: Title, Indent: Left: 0 cm, First line: 0 cm from April 2007 – 27 M arch 2007
Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at C ouncillor Daniel Astaire 2.25 cm
Council Agenda 72 May 200 87 231 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin agreed that the proposed charges as set out in the report be operational from 1 April 2007 until further notice and approved the delegation of decision m aking for non-sensitive charges, as listed in the report, to the Director of Libraries. Formatted: Title 29. Approval for works to Peaslake Block at Sayers Croft Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Environm ental and Outdoor Education Centre – 27 M arch Tab stops: Not at 1.25 cm 2007 Formatted: Title, Indent: Left: 0 cm Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at C ouncillor Daniel Astaire 0.95 cm approved the release of £223,000 from the approved capital
Council Agenda 72 May 200 87 232 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin program m e for the construction of a new extension to Peaslake Block at Sayers Croft Field Centre, with the w orks contract being let to Pavehall Plc and noted that the rem aining funding of £156,000 in the 2007 /08 Capital Program m e for re-roofing and external tim ber treatm ent works will be directed to the blocks m ost in need of essential repair.
Council Agenda 72 May 200 87 233 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
30. Capital ICT Project – W elcom e to W estm inster –Stage Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Tw o – 30 M arch 2007 Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 0.95 cm C ouncillor Daniel Astaire approved the com pletion of Stage Tw o of the W elcom e to W estm inster project. Formatted: Title, Indent: Left: 0 cm CABINET MEM BER FOR CH ILDREN’S SER VICES (Councillor Sarah Richardson) Formatted: Title, Indent: First line: 0 cm Formatted: Title, Indent: Left: 0 cm 31. W estbourne House – Short Term Lease Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Arrangem ents etc – Tab stops: Not at 1.25 cm 8 M arch 2007* Formatted: Title, Indent: Left: 0 cm, First line: 0 cm C ouncillor Sarah R ichardson concurred w ith the Cabinet M em ber for Finance and Support
Council Agenda 72 May 200 87 234 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Services set out in paragraph 5.
32. Taxi Contract – 13 Formatted: Title, Tab stops: Not at 2 cm
M arch 2007* Formatted: Title, Indent: Left: 0 cm, Hyphenate, Tab stops: Not at -1.27 cm + 1.5 cm C ouncillor Sarah Richardson approved the provision of a Licensed Formatted: Title, Indent: Left: 0 cm R adio Taxicab Hom e to School Transport Service for C hildren with special educational needs (Packages One and Tw o) be aw arded to Radio Taxis Group Ltd in the estim ated total sum of £1,630,500 per annum com m encing 1 st April 2007 for a period of three years and that the D irector of Custom er Services and the Director of Legal and Adm inistrative Services be authorised to agree any m inor am endm ents to the contract detail deem ed necessary and to conclude the contract accordingly. Formatted: Title, Indent: Left: 0 cm, Hyphenate, Tab stops: Not at -1.27 cm + 1.5 cm 33. R ecruitm ent and Retention of Social W orkers – 28 Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, M arch 2007 Tab stops: Not at 1.25 cm Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.5 cm C ouncillor Sarah Formatted: Title, Indent: Left: 0 cm R ichardson agreed: Formatted: Title That the current Formatted: Title, No bullets or numbering structure of the Finance
Council Agenda 72 May 200 87 235 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin and Adm inistrative Support team s be replaced by the new structure outlined in the report, with effect from a date to be agreed by the D irector of Children’s Services, with the new posts to be at grades determ ined by the Head of Hum an Resources. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 0.63 cm That the proposed Formatted: Title, No bullets or numbering adjustm ents to the Assessm ent Team be im plem ented with effect from a date to be agreed
Council Agenda 72 May 200 87 236 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin by the Director of C hildren’s Services. Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 0.63 cm That the annual Formatted: Title, No bullets or numbering recruitm ent and retention bonus paid to front-line Social W orkers in the Children’s Services Departm ent after 2 years service, be increased to £1,500 pa w ith effect from 1 N ovem ber 2006, and to £2000 with effect from 1 N ovem ber 2007. Formatted: Title
Council Agenda 72 May 200 87 237 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
CABINET MEM BER FOR HEALTH AND ADULT SO CIAL Formatted: Title, Indent: Left: 0 cm SER VICES (Councillor Ian Adam s)
34. Aw ard of Contract for the Independent M ental Capacity Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Advocate Service – 9 M arch 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Ian Adam s:
1. Approved the award of Formatted: Title, Indent: Left: 0 cm, First line: 0 cm contract for the Independent Mental Capacity Advocate Service for three years from 1 st April 2007 (with the option to extend for a further one year at the end of the initial
Council Agenda 72 May 200 87 238 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin three year term) to Cambridge House in the total contract sum at 2007/08 price of £1,009,824. The total contract amount payable by the City Council at 2007/08 prices will be £168,441.The remaining amounts will be funded, via the City Council, by each of the other participating local authorities;
2. Agreed that, in the event that Cambridge House are unable to accept the contract award, the
Council Agenda 72 May 200 87 239 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin contract be awarded to Advocacy Partners for three years from 1 st April 2007 with the option to extend for a further one year at the end of the initial three year term in the total contract sum at 2007/08 price of £1,025,712. The total contract amount payable by the City Council at 2007/08 prices will be £171,091.The remaining amounts will be funded, via the City Council, by each of the participating local authorities.
Council Agenda 72 May 200 87 240 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
3. Gave approval for the Council to enter into separate contracts for three years from 1 st April 2007 with the option to extend for a further one year at the end of the initial three year term with each of the following local authorities to enable them to access the contract: Brent, Ealing, Harrow, Hammersmith & Fulham, Hillingdon, Hounslow and Kensington & Chelsea;
Council Agenda 72 May 200 87 241 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 4. Authorised the City Council to make a 3% administration charge to each of the participating local authorities
5. Authorised the D irector of Adult Social Services to negotiate any variations to the contract price that becom e necessary as a result of changes to the service levels that are required but not exceeding a total of m ore than 10% of the contract sum subject to the
Council Agenda 72 May 200 87 242 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin necessary budget approvals.
35. Approval of Service Levels, Service Specification and Tendering Tim etable for the Relet Of The Day Care Services For Older People In W estm inster – 12 April 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Ian Adam s approved the service levels, service specification and tendering tim etable for the day care of services for older people as set out in the report.
36. Extensions for 2007/08 of Joint Com m issioned Services Formatted: Title, Indent: Left: 0 cm, First line: 0 cm for People with Learning Disabilities under Section 31 Health Act 1999 – 12 April 2007* Formatted: Title, Indent: Left: 0 cm C ouncillor Ian Adam s approved the extensions
Council Agenda 72 May 200 87 243 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin of the service level agreem ents as set out in the report.
CABINET MEM BER FOR HOUSING Formatted: Title, Indent: Left: 0 cm, First line: 0 cm (Councillor Angela Harvey) Formatted: Title 37. M anagem ent Transfer of the Non-HR A Residential Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Portfolio to CityW est Hom es – 13 M arch 2007 Formatted: Title, Indent: Left: 0 cm, Tab stops: Not at 1.25 cm C ouncillor Angela Harvey concurred with the decision of the Cabinet M em ber for Finance and Support Services set out at Paragraph 7. Formatted: Font: 12 pt 38. Energy Approval for The Pim lico District Heating Formatted: Title, Indent: Left: 0 cm U ndertaking (PD H U) – 22 M arch 2007 Formatted: Font: 14 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Formatted: Font: 14 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, C ouncillor Angela Tab stops: Not at 1.1 cm + 1.25 cm H arvey approved:
Council Agenda 72 May 200 87 244 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
1. A waiver to the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm C ouncil’s procurem ent code to allow for the contract to com m ence prior to form al engrossm ent as gas prices will not be know n until the day the contract com m ences and a decision will be m ade based on this; and
2. Expenditure of up to £2M for a 12-m onth period with no price variations for the supply
Council Agenda 72 May 200 87 245 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin of energy to the Pim lico D istrict Heating U ndertaking from 1 April 2007. Formatted: Font: 12 pt 39. Petition in response to the provision of pow der coated Formatted: Title, Indent: First line: 0 cm alum inium window s and door replacem ent at Aldsw orth Close, Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Barnw ood Close, Clearwell Drive and Dow nfield Close on the Am berley Estate – 23 March 2007
C ouncillor Angela H arvey noted:
(i) the results of the consultation with residents; Formatted: Font color: Auto
(ii) the business and Formatted: Font color: Auto planning cases for providing pow der coated
Council Agenda 72 May 200 87 246 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin alum inium w indow s over tim ber w indow s; Formatted: Font color: Auto
(iii) that the installation of pow der coated alum inium w indow s, screen and entrance doors were carried out as part of the Am berley Phase 1 works undertaken in 2004;
(iv) the conclusion of the environm ent im pact
Council Agenda 72 May 200 87 247 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin study and endorsed the requests from residents, as expressed through consultation, to continue this im portant work by installing pow der coated alum inium window s, subject to planning consent, so that the w orks m ay proceed in the current financial year. Formatted: Font color: Auto 40. Supply and allocation of Social Housing and Low Cost H om e Ow nership 2007/08 – 7 April 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Angela H arvey:
Council Agenda 72 May 200 87 248 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
1. Noted the projected Formatted: Title, Indent: Left: 0 cm, First line: 0 cm supply and proposed allocation a rented housing.
2. Agreed that in the event that the City Council rehouses an Registered Social Landlord (RSL) tenant, the RSL provide equivalent units in return.
3. Agreed that statutorily overcrowded CityWest Homes tenants remain on the normal tenant transfer list and no longer be put on
Council Agenda 72 May 200 87 249 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin a separate list, and be given 500 additional points in order to bid successfully for properties.
4. Agreed that 100 additional points be allocated to households with a medical need for a one bedroom property (rather than a studio property) in order to improve their chances of successfully bidding for a one bedroom property.
5. Agreed the criteria
Council Agenda 72 May 200 87 250 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin that are to be used by Tenant M anagem ent O rganisations in deciding upon the m ost suitable bidders for vacancies in their blocks. Formatted: Font: 12 pt CABINET MEM BER FOR COM M UNITY PROTECTION AND Formatted: Title LICENSING Formatted: Title, Indent: Left: 0 cm, First line: 0 cm (Councillor Audrey Lew is) Formatted: Title, Indent: Left: 0 cm 41. Street Signs – 5 April 2007* Formatted: Title Formatted: Title, Indent: Left: 0 cm C ouncillor Audrey Lew is concurred with the decision of the Cabinet M em ber for Econom ic D evelopm ent and Transport set out in Paragraph 26.
Council Agenda 72 May 200 87 251 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: CABINET MEM BER FOR STREET ENVIRONM ENT Margin (Councillor Alan Bradley) Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Right: 0 cm, Tab stops: Not at 0 cm + 0.63 cm + 2.25 cm + 3.81 cm + 5.08 cm + 6.35 cm + 7.62 cm 42. Bessborough Tow ers Security Im provem ent – 3 April + 8.89 cm + 10.16 cm + 11.43 cm + 12.7 cm + 15.24 cm 2007* Formatted: Font: 14 pt Formatted: Title, Tab stops: Not at 1.25 cm Formatted: Title, Indent: Left: 0 cm C ouncillor Alan Bradley concurred with the decision of the Cabinet M em ber for Econom ic Developm ent and Transport and the Cabinet M em ber for Planning set out at Paragraph 21.
43. W estbourne Green Redevelopm ent: Carriagew ays, Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Footways and Public Lighting – 3 April 2007 Tab stops: Not at 1.25 cm Formatted: Title, Left C ouncillor Alan Bradley concurred with the decision of the Cabinet Formatted: Title, Indent: Left: 0 cm M em ber for Econom ic Developm ent and Transport set out in Paragraph 25.
44. Capital Release - Em bankm ent Public Conveniences Formatted: Title, Indent: Left: 0 cm, First line: 0 cm Phase 2 (2007/08) – 12 April 2007 Formatted: Title, Indent: Left: 0 cm C ouncillor Alan Bradley agreed that £82,000 be released to com plete the refurbishm ent of the public conveniences at Em bankm ent.
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm C olin Wilson Formatted: Font: 12 pt Formatted: Title, Left, Indent: Left: 0 cm
Council Agenda 72 May 200 87 252 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin D irector of Legal and Adm inistrative Services Formatted: Title, Left ______
Local Governm ent (Access to Inform ation) Act 1972 – Background Formatted: Title, Left, Indent: Left: 0 cm Papers The reports as submitted to the individual Cabinet Members as referred to Formatted: Font: (Default) Arial, 12 pt, Bold above. The reports marked * are exempt from disclosure for the reasons set out in the reports. Formatted: Title
Council Agenda 72 May 200 87 253 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF TH E RESOURCES AND CORPORATE SERVICES Margin O VER VIEW AND SCRUTINY CO M M ITTEE ON 26 MAR CH 2007
The follow ing m em bers of the Com m ittee were present:-
C ouncillors M ark Page (Chairm an), David Boothroyd, M ichael Braham s, Paul Dim oldenberg, M argaret Doyle, Lee R ow ley and Duncan Sandys
1. M anagem ent of Equalities and Diversity
Council Agenda 72 May 200 87 254 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin (a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm and discussed progress to date in relation to equalities and diversity at W estm inster City C ouncil, and received a presentation from the Audit Com m ission.
(b) The Audit C om m ission expressed their approval of the City C ouncil’s robust approach to the m anagem ent of equalities and diversity, and considered that the
Council Agenda 72 May 200 87 255 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin infrastructure that had been put in place would enable W estm inster to build upon existing im provem ents. Formatted: Title
2. Independent Review of the Custom er Services Initiative (CSi)
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm and discussed in detail the key findings and recom m endations of the independent review of the Custom er Services Initiative, which were presented to the
Council Agenda 72 May 200 87 256 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C om m ittee by PA C onsultants.
(b) W e agreed that the consultants had provided a fair, balanced report w hich confirm ed that the C Si had been the correct route for the City C ouncil to take. W e also agreed that further scrutiny was required to ensure that the prom ised level of service was achieved. Formatted: Title
3. Council Tax Bailiff Service
Council Agenda 72 May 200 87 257 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm the role and perform ance of the bailiffs utilised for the collection of outstanding Council Tax and Parking debt, and received a presentation from W estm inster C itizens Advice Bureau (CAB).
(b) In view of the concerns raised at the m eeting and the report received from the CAB, w e agreed that the issues
Council Agenda 72 May 200 87 258 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin be given further consideration. Formatted: Title
4. Central Services Business Plan
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm the Central Services Business Plan, which sum m arised key service perform ance and priorities for 2007/08.
(b) W e agreed that the proposed Departm ental O bjectives would be am ended and circulated to M em bers of the
Council Agenda 72 May 200 87 259 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C om m ittee for com m ent. W e also agreed that a quarterly report of progress in delivering the priorities for 2007/08 be included in the Com m ittee’s Perform ance M onitoring R eport. Formatted: Title
5. Perform ance M onitoring Report (Period 10) 2006-2007 Formatted: Font: 14 pt
(a) W e have considered Formatted: Title, Indent: First line: 0 cm a report sum m arising the key aspects of financial and service perform ance during period 10
Council Agenda 72 May 200 87 260 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin (January 2007).
(b) The report also updated us on em erging issues critical to overall organisational perform ance, progress on O ne City and W orkSm art projects, and risks. Formatted: Title
6. Im proving Transparency of Financial R eporting
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm a report that proposed a m eans of increasing transparency in financial reporting, and agreed to
Council Agenda 72 May 200 87 261 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin recom m end that core budgets be show n alongside all Grow th and Savings Schedules throughout the Council. Formatted: Title
7. Final Report of Com pliance Task Group
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm the final report of the C om pliance Task Group, and noted that an update on the rem aining actions w ould be provided to a future m eeting of the C om m ittee. Formatted: Title
Council Agenda 72 May 200 87 262 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
8. W ork Program m e
(a) W e have considered Formatted: Title, Indent: Left: 0 cm, First line: 0 cm and noted the C om m ittee’s W ork Program m e and progress m ade by the Task G roups. Formatted: Title
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm
M AR K PAG E, Chairm an
Formatted: Title, Left, Indent: Left: 0 cm, First line: 0 ______cm ____
Council Agenda 72 May 200 87 263 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Local Governm ent Formatted: Title, Indent: Left: 0 cm, First line: 0 cm (Access to Inform ation) Act 1972 – Background Papers The m inutes and agenda for the Resources and Corporate Services O verview and Scrutiny C om m ittee m eeting held on 26 M arch 2007. Formatted: Title
Council Agenda 72 May 200 87 264 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPO RT OF TH E HEALTH AND CO M M UNITY SERVICES Margin O VER VIEW AND SCR UTINY CO M M ITTEE HELD ON 2 APRIL 2007
The follow ing M em bers of the Com m ittee were present:
C ouncillors Carolyn Keen Formatted: Title, Tab stops: Not at 3.49 cm (Chairm an), Frances Blois, Jean-Paul Floru, C hristabel Flight, Jan Prendergast, Lee Row ley, Sharan Tabari and Barrie Taylor Formatted: Font: 12 pt 1. H ousing Supply and Allocation Formatted: Title, Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) W e noted a sum m ary Right: 0 cm, Space Before: 0 pt, After: 0 pt of the results of the consultation on the
Council Agenda 72 May 200 87 265 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin proposals for supply and allocation of social housing and low cost hom e ow nership in 2007/08. W e were advised that the whilst the Director of Housing is forecasting an increase in the supply of new hom es in 2007/08 the total num bers rem ain low and rehousing quotas generally reflect the levels set in 2006/07. W e were advised that increased em phasis on hom eless preventions at
Council Agenda 72 May 200 87 266 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Housing Options service has significantly reduced the num bers of hom eless applications and acceptances and has m eant that there has been a reduction in the levels of tem porary accom m odation. Formatted: Title, Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Font: 12 pt 2. City W est Hom es Delivery Plan – Annual Review Formatted: Font: 12 pt (a) As part of our annual Formatted: Title, Indent: Left: 0 cm, First line: 0 cm review of CityW est H om es Activities and O utcom es 2006/07 we received a presentation from its Chief Executive
Council Agenda 72 May 200 87 267 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w hich focussed on a num ber of key issues. Formatted: Title W e noted that highlights for 2006/07 w ere as follow s:
Formatted: Title, Space After: 0 pt, No bullets or The decent hom es numbering program m e was com pleted on tim e (with the exception of the Brindley tow ers which w ere not originally in the program m e) and absorbed £18m extra w ork into the scope. This has enabled the
Council Agenda 72 May 200 87 268 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin refurbishm ent to take place of the Brindley tow ers which is underway. C ityW est Hom es delivered £2.4m savings (5.1% ) in controllable costs from the Housing R evenue Account and w ill deliver a further £4.1m (7.1% ) in 2007/8 through the im plem entation of new repairs contracts negotiated this year. C ityW est Hom es was aw arded the highest
Council Agenda 72 May 200 87 269 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin service rating of 3 stars w ith excellent prospects for im provem ent in its inspection carried out by the Audit Com m ission in the m iddle of the year. C ityW est Hom es is one of only 7 ALM O s and 1 R egistered Social Landlord with this rating. At the end of m onth 11, all Com prehensive Perform ance Assessm ent indicators and Best Value Perform ance Indicators are within the
Council Agenda 72 May 200 87 270 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin targets agreed with W estm inster Council at the start of the year. Tenant satisfaction rose from 64% to 69% since the last STATU S survey in 2003. Dissatisfaction dropped from 19% to 12% . This is a high level for inner London. Tenant satisfaction with opportunities to participate rose from 61 to 66% - one of the highest in London. W e were advised that Formatted: Title 2007/08 priorities are as
Council Agenda 72 May 200 87 271 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin follow s:
C ustom er satisfaction. Formatted: Title, No bullets or numbering C ost of delivering the service and ability to collect the incom e from residents. D elivery of the standard w hich takes the W estm inster Council ow ned housing beyond the decent hom es standard (what we are calling the CityW est standard). Increasing residents’ satisfaction with their
Council Agenda 72 May 200 87 272 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin neighbourhood. D elivering an overall CPA rating of 4 for the areas m anaged. Formatted: Font: 12 pt 3. Advice and Advocacy Formatted: Title, Indent: Left: 0 cm Formatted: Title, Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) In the context of the Right: 0 cm w ork of the W estm inster Benefits Advice Team we received, as expert w itnesses, a brief presentation of the work of the W estm inster Advocacy Service for Senior Residents in providing independent advocacy for older people
Council Agenda 72 May 200 87 273 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin in W estm inster with particular reference to the support provided regarding housing m atters. Formatted: Title, Right: 0 cm
4. Cabinet and Lead M em ber Updates, Task Groups and Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, M em ber Briefings and Other M atters Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Font: 12 pt Formatted: Title, Right: 0 cm, Space Before: 0 pt, (a) W e noted the latest After: 0 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, update of our work Right: 0 cm, Space Before: 0 pt, After: 0 pt program m e and updates from the Cabinet M em bers for Health and Adult Social Services, H ousing, and Custom er and Com m unity Services including extracts from the current Forward Plan
Council Agenda 72 May 200 87 274 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin related to key decisions they intend to take over the next three m onths. Formatted: Title, Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (b) W e were also advised Right: 0 cm, Space Before: 0 pt, After: 0 pt of the latest work of our H ealth, Libraries and M ental Health Task G roups. Formatted: Title, Right: 0 cm, Space Before: 0 pt, After: 0 pt Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (c) W e reported that Right: 0 cm, Space Before: 0 pt, After: 0 pt M em bers had received an oral briefing regarding the lessons to be learned by the Council from the results of the inquiry into the death of M r
Council Agenda 72 May 200 87 275 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin D onald Naylor. W e agreed to receive at a future m eeting an update of the action plan agreed with St M ungo’s setting out w hat had been achieved in the light of the issues of concern expressed. (d) W e also received an update on the work of the Lead M em ber for D isabilities in leading on the im plem entation of the City Council’s D isability Equality Schem e. W e noted the progress with the
Council Agenda 72 May 200 87 276 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin im plem entation of the Schem e, which was agreed and published in D ecem ber 2006, and the key dates and m ilestones to be achieved during the year until its form al review in February 2008. Formatted: Title
CAR O LYN KEEN, Formatted: Title, Left C hairm an Formatted: Title ______Formatted: Title, Left _____ Formatted: Title
Local Governm ent Formatted: Title, Indent: First line: 0 cm
Council Agenda 72 May 200 87 277 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin [Access to Inform ation] Act – Background Papers The agenda and reports Formatted: Title, Indent: Left: 0 cm to the Health and C om m unity Services O verview and Scrutiny C om m ittee held on 2 April 2007 Formatted: Title
Council Agenda 72 May 200 87 278 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPO RT OF TH E BUILT ENVIRONM ENT OVERVIEW AND Margin SCR UTINY CO M M ITTEE ON 3 APR IL 2007
The follow ing M em bers of the Com m ittee were present: -
C ouncillors Louise H yam s (Vice-Chairm an) Susie Burbridge, Ruth Bush, Rupert D’Cruz, Tony Devenish, Andrew H avery, Angela Hooper and Nick Yarker
Tham es W ater – Water Supply to Queen’s Park Court, W 10 Formatted: Title, No bullets or numbering Formatted: Title At the request of two of our M em bers we received a report which Formatted: Title, No bullets or numbering outlined problem s that had been experienced by som e residents living in Queen’s Park Court, W10, an estate m anaged by CityW est Hom es.
Council Agenda 72 May 200 87 279 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: R esidents had periodically lost water supplies or suffered from very low Margin w ater pressure, which had also affected heating supplies . Formatted: Title W e welcom ed to the m eeting (i) local Ward Councillors Paul Formatted: Title, No bullets or numbering D im oldenberg and Barrie Taylor, who had been actively trying to resolve the situation, (ii) two residents of Queen’s Park Court, who were present to provide the Com m ittee with a first hand account of the problem s, and (iii) representatives of CityW est Hom es and Tham es W ater, who were present to answ er questions put to them by the C om m ittee. Formatted: Title
W e received evidence from the residents w ho explained that the Formatted: Title, No bullets or numbering problem s at Queen’s Park Court were not recent. Low water pressure had been a problem for the last 8 years and periodic loss of water since 2003. The latter had been experienced as recently as the end of M arch. W e heard that the effects had resulted in residents having to boil kettles of water to obtain hot water, bathe as early as 4am as this was w hen the water pressure was strongest, and m ake frequent trips to launderettes as there was often insufficient water pressure to use w ashing m achines. Residents advised that they had received little support from either Tham es Water or CityW est Hom es w ho often blam ed each other for the problem s. Formatted: Title W e expressed extrem e concern at the long standing problem s that the Formatted: Title, No bullets or numbering residents had outlined and the im pact that these had had on their fam ilies’ quality of life. We were dism ayed by what we considered to be a poor response from Tham es Water to resolving the m atter and in particular the lack of direct com m unication with residents. Formatted: Title W e heard from representatives of Tham es Water who offered their Formatted: Title, No bullets or numbering sincere apologies to the residents before providing a background to the problem s in the preceding six m onths, the action that had been undertaken to try and resolve them and an update on the current situation. The problem s included the interruption of water supplies due to bursts to a water m ain and low pressure problem s as a result of several valves having been found to be dam aged or partly shut. We heard that the City Council had com pleted m ajor works to replace the booster pum ps and old and leaky iron and lead pipe w ork on the estate in an attem pt to increase the flow of water. W e were advised by representatives of Tham es Water that current water pressure to Queen’s Park Court was between 15 -20 m etres per head. Based on the current pressure and flow on the network, Tham es Water w as unable to increase the water pressure above this. How ever, this was considered to be sufficient for residents’ everyday needs. Whilst C ityW est Hom es endorsed this view it disputed that such pressure was being received. We were advised that the reason for the difference in readings was because Tham es Water and CityW est Hom es were m easuring the water pressure at different points on the network. We have requested, and both parties have agreed, that an independent
Council Agenda 72 May 200 87 280 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: party should be com m issioned to install and m onitor a logger at the Margin boundary of the estate where responsibilities m eet to ascertain the w ater pressure being received by residents. Formatted: Title W e have also requested that Tham es Water and City W est Hom es work Formatted: Title, No bullets or numbering together to resolve the problem s as a m atter of urgency, and that all parties report back to the Com m ittee in June when it was expected that the issues will have been rem edied. We have requested in the interim (i) that CityW est Hom es advise residents of Queen's Park Court that they should contact the Queen’s Park Estate Area Housing M anager to report related problem s; (ii) that Tham es Water and City W est Hom es issue a joint weekly new sletter to residents of Queen’s Park Court providing an update on m easures being taken to resolve the w ater supply/pressure problem s. We have also requested that Tham es W ater and City West Hom es m onitor Queen's Park Court for a regular period of tim e once problem s have been resolved and com m it to set service standards and that Tham es Water consider offering com pensation to residents who have been affected by both the water loss and low water pressure in line with its Custom er Guarantee Schem e. Formatted: Title
U pdate on im plem enting the sm oke-free legislation in Formatted: Title, No bullets or numbering W estm inster Formatted: Title W e received an update Formatted: Title, No bullets or numbering on the City Council’s preparations for the introduction of the sm oking ban which was due to com e into effect in July 2007.
Council Agenda 72 May 200 87 281 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Formatted: Title W e noted that in order to Formatted: Title, No bullets or numbering ensure com pliance, the C ity Council was raising its activities on prom oting aw areness and understanding of the legislation within the business com m unity. In addition to developing and distributing business inform ation packs the C ouncil was holding sm oke-free breakfast m eetings to offer advice, assistance and support. The Council had held
Council Agenda 72 May 200 87 282 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin specific m eetings for those businesses on the Edgw are Road where the sm oking of shisha pipes w as licensed. Formatted: Title W e requested assurances that the costs for preparing for and enforcing Formatted: Title, Space After: 0 pt, No bullets or the legislation would be lim ited to funding received from Central numbering G overnm ent. We noted the advice of the Cabinet M em ber for C om m unity Protection and Licensing that as there was no intention to em ploy additional staff to enforce the legislation there was an expectation that the Council would not spend m ore than was being provided. W e have also raised queries and received responses on a num ber of issues including whether the regulations applied to leisure boats w orking on the Tham es and the desire to see the provision of extra butt bins to reduce the pressures on the Council’s street cleansing services. Formatted: Title C riteria for a draft Gating Policy Formatted: Title, No bullets or numbering Formatted: Title W e received a report Formatted: Title, No bullets or numbering w hich set out criteria recom m ended to be applied in drafting and applying a policy
Council Agenda 72 May 200 87 283 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin approach to gating public highw ay, such as m ew s and other sm all streets. Formatted: Title W e noted that gating Formatted: Title, No bullets or numbering public highw ay was generally undesirable and did not fit with the C ity Council’s One City approach, which sought to enhance com m unity relations, encourage active citizens and unite neighbourhoods. C reating streets that w ere not accessible to all w ould not contribute
Council Agenda 72 May 200 87 284 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin positively to creating strong and tolerant com m unities. Therefore the presum ption of any policy approach would be against perm itting gating of the public highw ay. H ow ever there could be cases where an exception to the general policy could be allow ed in order to address a tem porary problem , such as anti- social behaviour. This w ould only be perm itted in exceptional circum stances and after
Council Agenda 72 May 200 87 285 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin an assessm ent of a set of criteria. Formatted: Title W e considered the report Formatted: Title, No bullets or numbering and expressed the follow ing view s: (i) that w e strongly endorsed the draft policy and the criteria for exceptional circum stances; (ii) that as part of the consultation process local W ard M em bers, am enity societies and residents’ groups should also be sent copies of the notice of the intended
Council Agenda 72 May 200 87 286 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin gating order; (iii) that w here gating orders are requested by residents, businesses or developers and granted the City C ouncil should try and ensure wherever possible that the costs for m aintaining the gates should be m et by such parties and not the C ouncil; and (iv) that C ityW est Hom es should be approached to establish whether it had an equivalent policy and if not whether it would
Council Agenda 72 May 200 87 287 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin be willing to support a presum ption against gating public highw ay on estates except in exceptional circum stances. Formatted: Title
Interim report on the work of the Public Transport Task Formatted: Title, No bullets or numbering G roup Formatted: Title W e received and noted a Formatted: Title, No bullets or numbering report which provided an overview of the work of the Public Transport Task Group to date. Formatted: Title
Council Agenda 72 May 200 87 288 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
W e extended our Formatted: Title, No bullets or numbering appreciation of the work undertaken by the Task G roup and approved further m eetings of the Task Group to ensure that the current program m e of work is com pleted. Thereafter a final report should be subm itted to the
Council Agenda 72 May 200 87 289 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C om m ittee on the Task G roup’s achievem ents and at this tim e key transport providers will be invited to address the C om m ittee on the findings. Formatted: Title
LO U ISE HYAM S, Vice- C hairm an Formatted: Title, Left ______Formatted: Title
Local Governm ent (Access to Inform ation) Act 1972 – Background Formatted: Font: 12 pt, Underline Papers The agenda and reports Formatted: Title, Indent: Left: 0 cm to the Built Environm ent
Council Agenda 72 May 200 87 290 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin O verview and Scrutiny C om m ittee on 3 April 2007 Formatted: Title
Council Agenda 72 May 200 87 291 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPO RT OF TH E CH ILDR EN AND YO UNG PEO PLE OVERVIEW Margin AND SCR UTINY CO M M ITTEE ON 4 APR IL 2007
Formatted: Title, Right: 0 cm, Line spacing: single, Tab stops: Not at -1.93 cm + -1.27 cm + 2.54 cm + The follow ing M em bers 6.19 cm + 6.51 cm + 8.89 cm + 10.16 cm + 11.43 cm + 12.7 cm + 13.97 cm + 15.24 cm + 16.51 cm + 17.78 cm + 19.05 cm + 20.32 cm + 21.59 cm + of the Com m ittee were 22.86 cm + 24.13 cm + 25.4 cm + 26.67 cm + 27.94 cm + 29.21 cm + 30.48 cm + 31.75 cm + 33.02 cm present:- Councillors N icola Aiken (Chairm an), Edw ard Argar, Frances Blois, Nick Evans, Barbara Graham e, G w yneth Ham pson, Papya Qureshi and Steve Sum m ers; and C o-opted M em bers M oham m ed Am ieur, Barbara M ayne and Elizabeth Philips. Formatted: Title
Council Agenda 72 May 200 87 292 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Apologies: Councillor Tim M itchell and Brenda M orrison and John M oruzzi
1. R evised Children and Young People Plan (CYPP) Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, including Educational Developm ent Plan Right: 0 cm, Tab stops: Not at 1 cm + 13.31 cm Formatted: Title, Right: 0 cm, Tab stops: Not at 13.31 cm Formatted: Title, No bullets or numbering, Tab W e gave our view s on stops: Not at 0 cm perform ance against the current CYPP targets and identified areas of em erging need. In particular, we asked that im proving Sports Participation and GC SE value added scores and reducing child obesity
Council Agenda 72 May 200 87 293 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin levels be a strong continuing focus for the upcom ing year. Formatted: Title, Right: 0 cm, Tab stops: Not at 13.31 cm 2. R eview of Ofsted School Judgem ents Formatted: Title, Tab stops: Not at 1 cm
Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) W e were pleased to Tab stops: Not at 0 cm + 1 cm note that there had been a num ber of excellent inspection results recently and we agreed that the relevant H eadteachers should be congratulated. Formatted: Title, Tab stops: Not at 0 cm Formatted: Title, No bullets or numbering, Tab W e discussed progress in stops: Not at 0 cm relation to two schools giving cause for concern
Council Agenda 72 May 200 87 294 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin and noted consultation plans in relation to the future of Pim lico School. Formatted: Title 3. Task Groups Update Formatted: Title, Tab stops: Not at 1 cm
Formatted: Title, Right: 0 cm, Tab stops: Not at 13.31 cm (a) W e considered the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm progress of the Secondary School Achievem ent in W estm inster Task Group and the Preventing C rim e and Anti-Social Behaviour Task Group. Formatted: Title 4. Serious Case Review Formatted: Title, Tab stops: Not at 1 cm Formatted: Title, Indent: Left: 0 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, (a) W e received an Tab stops: Not at 1 cm update on a recent
Council Agenda 72 May 200 87 295 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Serious Case Review and asked for proposals relating to the role of social workers in schools to be developed. Formatted: Title, Indent: Left: 0 cm 5. Update on Corporate Parenting Pilot Formatted: Title, Tab stops: Not at 1 cm Formatted: Title, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1 cm (a) W e discussed the C orporate Parenting Initiative and gave view s on how the schem e should be developed. N ICO LA AIKE N , Chairm an Formatted: Title, Left ______
Local Governm ent Formatted: Title, Indent: First line: 0 cm (Access to Inform ation)
Council Agenda 72 May 200 87 296 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Act 1972 – Background Papers: The agenda and reports Formatted: Title, Indent: Left: 0 cm to the Children and Young People Overview and Scrutiny Com m ittee on 4 April 2007. REPORT OF TH E WESTM INSTER SCRUTINY COM M ISSION ON Formatted: Font: Bold 17 APR IL 2007 Formatted: Title
Formatted: Title, Right: 0 cm, Line spacing: single, Tab stops: Not at -1.93 cm + -1.27 cm + 2.54 cm + The follow ing M em bers 6.19 cm + 6.51 cm + 8.89 cm + 10.16 cm + 11.43 cm + 12.7 cm + 13.97 cm + 15.24 cm + 16.51 cm + 17.78 cm + 19.05 cm + 20.32 cm + 21.59 cm + of the Com m ittee were 22.86 cm + 24.13 cm + 25.4 cm + 26.67 cm + 27.94 cm + 29.21 cm + 30.48 cm + 31.75 cm + 33.02 cm present:-
C ouncillors Carolyn Keen (Chairm an), M ark Page and Barrie Taylor. Formatted: Title
Council Agenda 72 May 200 87 297 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
1. R eview of the Overview and Scrutiny Structure Formatted: Title, Indent: Left: 0 cm, Right: 0 cm, Tab stops: Not at -0.25 cm + 13.31 cm (a) W e considered the proposed process for the review of the Overview & Scrutiny Structure introduced follow ing the C ouncil Elections in M ay 2006. Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm + 13.31 cm (b) W e endorsed the suggested m ethodology and tim etable for the review , which will include surveys of m em bers, officers and stakeholders, and agreed
Council Agenda 72 May 200 87 298 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin that, subject to the outcom e of the surveys and focus group: (i) the w ork of the existing tim e-lim ited Task Groups should be concluded by the sum m er; (ii) a cross- cutting task group should be established to scrutinise the Council’s G o Green agenda, reporting directly to the W SC ; (iii) the Resources and Corporate Services O verview & Scrutiny C om m ittee should be recom m ended to retain
Council Agenda 72 May 200 87 299 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin the Efficiency/Transform atio n Standing Task Group, establish a Budget/Perform ance Standing Task Group and create a tim e-lim ited Task Group to scrutinise the Draft Action Plan prepared by officers in response to the independent review of the Custom er Service Initiative (CSi); (iv) the H ealth and Com m unity Services Overview & Scrutiny Com m ittee
Council Agenda 72 May 200 87 300 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin should be recom m ended to retain the Health Standing Task Group; (v) the Health and C om m unity Services, C hildren and Young People, and Built Environm ent Overview & Scrutiny Com m ittees should be recom m ended to establish three further task groups; (vi) the m ethods suggested for ensuring greater effectiveness of Task G roups and Com m ittees should be im plem ented;
Council Agenda 72 May 200 87 301 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin and (vii) Overview & Scrutiny Com m ittee m eetings should be reduced from 5 per year to 4 per year. Formatted: Title, Right: 0 cm
2. O verview and Scrutiny Annual Report Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm + 1.25 cm Formatted: Title, Right: 0 cm, No bullets or W e considered the numbering, Tab stops: Not at -0.25 cm Annual Review of O verview & Scrutiny as required by the Council’s C onstitution. The report sets out the work undertaken by the W SC , the Overview and Scrutiny Com m ittees
Council Agenda 72 May 200 87 302 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin and the Task Groups since the last annual report. This report is now prepared under our auspices follow ing the review of the O& S process last year. Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm Formatted: Title, Right: 0 cm, No bullets or W e agreed that the numbering, Tab stops: Not at -0.25 cm report be form ally published as our annual report and that the C ouncil be advised accordingly. W e agreed that, before the report is finally published, O fficers, in consultation
Council Agenda 72 May 200 87 303 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin w ith the relevant C om m ittee and Task G roup Chairm en, should update the report once all the task groups have concluded their work. Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm
Formatted: Title, Right: 0 cm, No bullets or The final version will be numbering, Tab stops: Not at -0.25 cm m ade available to M em bers as soon as possible. Formatted: Title, Right: 0 cm, Tab stops: Not at -0.25 cm CARO LYN KEEN, Chairm an Formatted: Font: 12 pt Formatted: Title, Left Formatted: Title ______Formatted: Title, Left
Council Agenda 72 May 200 87 304 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin _____ Formatted: Title Local Governm ent Formatted: Title, Indent: First line: 0 cm (Access to Inform ation) Act 1972 – Background Papers: The agenda and reports Formatted: Title, Indent: Left: 0 cm to the W estm inster Scrutiny Com m ission on 17 April 2007. Formatted: Title
Council Agenda 72 May 200 87 305 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: R EPO R T OF TH E GENER AL PUR PO SES CO M M ITTEE – 20 Margin APRIL 2007 (WRITTEN URGENCY PR OCEDURE) Formatted: Font: 12 pt
1. M em bership of the Standards Com m ittee
(a) Follow ing the Formatted: Title, Indent: Left: 0 cm, First line: 0 cm decision of Councillor Antony M othersdale to stand dow n from the Standards Com m ittee w hen it considers a report on a local Investigation at its m eeting expected to take place on Thursday 10 M ay 2007, and at any subsequent m eeting of the Standards C om m ittee held to
Council Agenda 72 May 200 87 306 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin consider that issue, a report has been considered under the W ritten Urgency Procedure to enable the C ouncil to consider a recom m endation to appoint a replacem ent M em ber. Formatted: Title (b) The report considered under the W ritten Urgency Procedure is attached at Appendix A.
(c) The M inority Party
Council Agenda 72 May 200 87 307 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin C hief W hip has nom inated Councillor R upert D’Cruz as the replacem ent M em ber so that the appointm ent can be m ade by the C ouncil at the m eeting on 2 M ay 2007.
R ecom m endation: (i) Formatted: Title, Indent: Left: 0 cm That the Council appoint C ouncillor Rupert D’Cruz as the M inority Party M em ber on the Standards Com m ittee for the m eeting on 10 M ay 2007 and at any
Council Agenda 72 May 200 87 308 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin subsequent m eeting at w hich the local investigation in question is considered. Formatted: Title (ii) That for the avoidance of doubt C ouncillor M othersdale be otherwise confirm ed as a M em ber of the Standards C om m ittee.
Background Paper:
R eport considered under W ritten Urgency
Council Agenda 72 May 200 87 309 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Procedures – General Purposes – 20 April 2007.
Council Agenda 72 May 200 87 310 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
REPORT OF THE RESOURCES AND CORPORATE SERVICES OVERVIEW AND SCRUTINY COMMITTEE ON 8 APRIL 2008
The following Members of the Committee were present:
Councillors Mark Page (Chairman), Michael Brahams, David Boothroyd, Margaret Doyle (Vice Chairman), Philippa Roe, Lee Rowley and Duncan Sandys
1. Question and Answer Session with the Cabinet Member for Finance and Resources
(a) We welcomed Councillor Colin Barrow, Cabinet Member for Finance and Formatted: Bullets and Numbering Resources to our meeting. Councillor Barrow briefly outlined the key issues and priorities associated with his portfolio before answering questions from Committee Members. The discussion was very wide ranging and covered a number of topics, including the Council’s overall financial position; Government funding and particular concerns about the way in which population estimates impacted on this; property strategy; energy policy; the go green agenda; IT and HR policy; and the need to encourage small businesses in Westminster.
2. Validation of Achieving Transformational Savings Targets to Trigger New Reward Arrangements.
(a) We considered a report requesting us to recommend that the new reward Formatted: Bullets and Numbering proposals be triggered. The Director of Finance and Resources explained that the Audit and Performance Committee had, at their meeting on 31 March 2008, required further analysis to be undertaken on the savings identified. The Committee had particular concerns about the “softer” savings relating to anticipated additional revenue as opposed to more specific cost reductions, bearing in mind that revenue was more likely to be subject to fluctuation. In response to this the Director had looked at the figures for income and was confident that even in making the most pessimistic assumptions and also taking a very cautious approach to areas where there was no history on which to base calculations, the trigger level of £10m savings would be reached with ease.
(b) Given the assurances provided by the Director that the commitment to deliver £10m in cashable ongoing savings had been exceeded it was agreed to recommend Cabinet that the new reward proposals be triggered.
3. Remuneration Progress Report
Council Agenda 72 May 200 87 311 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin (a) We have commented on a report on the development and design of a new remuneration structure. The report stressed that in order to maintain the Council’s rating as an excellent authority there was a need to attract and retain a highly motivated workforce with all the necessary skills to meet the Council’s needs. The current remuneration structure did not support these aspirations. In particular the existing pay and grading structure was complex with 22 grades over 250 pay points. There was a lack of transparency and consistency across the organisation. The draft proposals, which were the subject of consultation with the Unions and staff, involved the replacement of the existing structures by a new performance and remuneration scheme. Under this new scheme all progression would be based on performance.
(b) In broad terms we endorsed the approach being taken by the Director of Human Resources. However, we agreed that certain additional comments be submitted to Cabinet on 14 April. We asked the Director of Human Resources to report back to us on progress.
2. Parking Services – Use of Bailiffs
(a) We have commented on a report summarising current methods, including the use of bailiffs, for the collection of penalty charge debts. The report was submitted following concerns we had previously expressed in connection with bailiffs and the recovery of Council Tax debt. It reviewed past and current performance and outlined changes that had been made to recover debt in the light of adverse publicity and explained the future strategy for the collection of debt.
(b) We noted that Parking Services are moving away from the traditional debt collection model to one that is innovative, focused on customer experience and shares revenue with the debt collection company on a risk/reward basis. We further noted that the use of bailiffs will in future be as a last resort to tackle persistent evaders and when all other means of debt recovery have been exhausted.
3. My Westminster
(a) We have considered a report on the development of the “My Westminster” personalised account. The “My Westminster” account allows customers to register and create an online account from which they can apply for 4 services i.e. Council Tax, Electoral Register, Libraries and Rescard. This service is proving to be very popular with approximately 10,000 accounts having been opened to date.
(b) We were particularly interested in the plans to develop the initiative in ways which will promote more effective engagement with Westminster’s residents.
4. Implementation of the Investment Strategy Formatted: Bullets and Numbering
Council Agenda 72 May 200 87 312 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (a) We have noted a report on the implementation plan for the Council’s 2008/09 Margin Investment Strategy.
(b) The Council has now adopted a new investment strategy with the following Formatted: Bullets and Numbering key elements: Selection of providers, Phasing of investments, Monitoring arrangements, Risk management. (c) The Investment Strategy will provide the opportunity for the Council to generate higher returns from its funds than were previously available. We are satisfied with the assurances given by officers with regard to capital protection and welcome the fact that the implementation plan will be monitored on a quarterly basis by means of reports to our Committee.
5. Report of Budget and Performance Task Group
(a) We have considered the report of the Budget and Performance Task Group following their meeting held on 26 March 2006.
(b) We noted that the following items were discussed and the outcomes:
• Proposed Business Planning Process for 2009/10 Formatted: Bullets and Numbering • Summary of Departmental Business Plan Objectives • Schools – Best Value Performance Indicators. • Road Accident Casualties – Best Value Performance Indicators.
6. Work Programme
(a) We have approved a work programme subject to the addition of reports on (i) Community Build and (ii) progress on new remuneration scheme.
(b) Given our ongoing concern with regard to the accuracy of population estimates and the impact this has on the Council’s overall financial position and the delivery of services, we have recommended that the Overview and Scrutiny Commission establish a Population Task Group.
7. CSi Contract Options
(a) We considered a confidential report on the CSi contract options. We noted the Council was required to notify Vertex of its intention with regard to extending the contract for a further 5 years by May 2011. We also noted that given the nature of any resulting procurement, it would be prudent to treat May 2010 as the latest decision point.
(b) Bearing in mind the complex nature of the contract and the changed market conditions since the contract was first let we endorsed the proposal to spend £50,000 on a market appraisal and to cover the costs of legal advice.
Mark Page, CHAIRMAN Formatted: Font: Not Bold, No underline
Council Agenda 72 May 200 87 313 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: ______Margin
Local Government (Access to Information) Act 1972 – Background Papers The minutes and agenda for the Resources and Corporate Services Overview and Scrutiny Committee held on 8 April 2008.
REPORT OF THE GENERAL PURPOSES URGENCY SUB-COMMITTEE HELD ON 10 APRIL, 14 APRIL AND 22 APRIL 2008
The following members of the Committee were present:
Councillors Robert Davis (Chairman), Ruth Bush and Alastair Moss
1. Independent Members on the Standards Committee
(a) Following the decision of the Council on 12 March 2008 to increase the membership of the Standards Committee from 4 to 12 Members to include 3 Independent Members we have conducted interviews for these positions in accordance with the arrangements agreed by us on 9 January 2008.
(b) We interviewed 10 candidates over three evenings and considered carefully whom to select, particularly in the context of the changing role of the Standards Committee which will see the Standards Committee being responsible for investigating allegations of breaches of the Members Code of Conduct.
(c) We have also considered further the number of Independent Members it would be desirable to have on the Standards Committee. Given the particularly high quality of the candidates we interviewed, we are recommending that the constitution of the Standards Committee be amended so that the 12 members of the Committee to be appointed by the Council is made up as follows: 6 Majority Party Members, 2 Minority Party Members and 4 Independent Members. The names of the Independent Members we are recommending for appointment are set out in recommendation (ii) below.
(d) We were advised that the next meeting of the Standards Committee will be the last attended by Colin Redman, in his capacity as the Independent Member. Mr Redman was first elected to this position in May 2003. We agreed to place on record the Council’s formal appreciation of the service rendered, on a voluntary basis, by Mr Redman.
We recommend:
(i) That the Constitution of the Standards Committee be amended to read, as follows:
Council Agenda 72 May 200 87 314 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: “Twelve Members appointed by the Council (six Councillors nominated Margin by the Majority Party, two Councillors nominated by the Minority Party and four Independent Members)”.
(ii) That the four Independent Members to serve on the Standards Committee for one year with effect from 14 May 2008 until the annual Council meeting on 13 May 2009 be:
Lord Richard Best of Godmanstone The Very Reverend John Hall, Dean of Westminster Elizabeth Peace, CBE, The Chief Executive of the British Property Federation Lord Dennis Stevenson of Coddenham, CBE
Note: For recommendation (ii) above to be adopted at least 31 Members of the Council must vote in favour.
Robert Davis, CHAIRMAN
______
Background Papers
• Report to and Minutes of the General Purposes Urgency Sub-Committee – Formatted: Bullets and Numbering 10, 14, and 22 April 2008. These documents are exempt from disclosure under Section 100 (A) (4) and paragraph 1, Schedule 12a to the Local Government Act 1972 because they involve the likely disclosure of information relating to an individual.
Note: The application forms of the applicants interviewed for the position of Independent Member are available to Members of the Council by calling 020 7641 3134 or at the meeting from the Clerk’s table
Council Agenda 72 May 200 87 315 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE GENERAL PURPOSES URGENCY SUB- Margin COMMITTEE HELD ON 14 APRIL 2008
The following Members of the Committee were present:-
Councillors Robert Davis (Chairman), Ruth Bush and Alastair Moss
1. New Local Area Agreements
(a) Local Authorities are now required to develop a Local Area Agreement (LAA) in partnership that contains improvement priorities and targets that encapsulate the needs of local residents and their neighbourhoods. Local Authorities can decide whether approval of the LAA should be a full Council decision or an Executive decision. We consider that this should be an executive function undertaken by the Cabinet. We are recommending the Council accordingly.
(b) The report we considered is attached as Appendix A.
We recommend: That the functions relating to the preparation, submission and modification of a Local Area Agreement under Sections 106, 110, 111 and 113 of the Local Government and Public Involvement in Health Act 2007 be an executive function undertaken by the Cabinet.
Robert Davis, CHAIRMAN
______
Background Information
• Reports and Minutes to the General Purposes Committee – 14 April 2008 Formatted: Bullets and Numbering
Council Agenda 72 May 200 87 316 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE HEALTH AND COMMUNITY SERVICES OVERVEIW Margin AND SCRUTINY COMMITTEE HELD ON 16 APRIL 2008
The following Members of the Committee were present:
Councillors Judith Warner (Chairman), Barrie Taylor, Jean-Paul Floru, Jan Prendergast, Lee Rowley and Guthrie McKie.
1. Updates from Cabinet Members and Feedback Report
(a) We received update reports from the Cabinet Members for Health and Adult Formatted: Font: 12 pt, Not Bold Social Services, Housing and Customer and Community Services on key issues in each of their service areas. We received an addendum report from the Cabinet Member for Health and Adult Services which explained that the Council’s application for capital support to carry out detailed feasibility studies into a purpose built development for adult learning facilities at a disused car park site on Moxon Street in Marylebone had been passed to the National Formatted: Font: 12 pt, Not Bold Learning and Skills Council for endorsement and ratification on 29 April. The Committee also asked for an update on developments at Dudley House and information relating to the number of housing benefit recipients and levels of housing benefit fraud.
(b) We considered the questions and answers arising from the previous meeting Formatted: Font: 12 pt, Not Bold and asked further questions on the effectiveness of the Local Service Improvement Compacts and agreed with the proposal that a paper on progress should be presented to the July Committee meeting.
2. Task Groups
We received the following items from the Committees Task Groups:
Mental Health Task Group – Final Report and Recommendations
We endorsed the final report and recommendations of the Mental Health Task Group for submission to the relevant Cabinet Member. Councillor McKie, Task Group Chairman, introduced the report, explaining that ‘employability’ had become a key issue for the task group as they had found this was key part of mental health recovery. The Task Group had attempted to address both the needs of service users and service providers and had found that partnership working was an essential element in terms of providing flexibility in service provision. The Director of Adult Social Services provided a brief update on the work, to date, that had been undertaken to implement some of the Task Group’s recommendations.
Council Agenda 72 May 200 87 317 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (b) Libraries Task Group – Final Report and Recommendations Margin
We also received the final report and recommendations of the Libraries Task Group which we approved for submission to the Cabinet Member for Customer and Community Services for consideration, which included endorsing the recommendation that a library network with academic and other institutions should be explored.
Health Task Group Update
We received the minutes of the Health Task Group meetings held since the Committee last met. Councillor Taylor, Task Group Chairman, gave a verbal update on the Task Groups work which included work on the Healthcare Commission’s Annual Health Check and scrutiny reviews into access to direct care and the provision of defibrillators in the borough. We also received an update on site visits to Athlone House and Garside House nursing homes which had been undertaken by Members of the task group.
3. Supporting People Inspection Report
(a) We received a report which informed the Committee of the outcome of the Audit Commission inspection of the Supporting People programme and were pleased to hear of the excellent result. We discussed the areas identified for improvement and the recommendations outlined in the report including funding issues and considered the approach to any future inspections. Formatted: Font: 12 pt 4. ActiveWestminster Formatted: Font: Bold
Formatted: Font: Bold (a) We received a report on progress with the sport and physical activity strategy for Westminster which was being developed by the ActiveWestminster Formatted: Font: 12 pt Partnership. Members noted that the aim of the strategy was to improve Formatted: Font: 12 pt, Not Bold health and wellbeing and make a positive impact in raising participation in sport and physical activity across the City. We discussed the issues of improving the local facilities available and will encourage people to use these facilities should they wish to make a choice to participate in sport. Formatted: Font: 12 pt 5. Strategy and Action for Arts and Culture Formatted: Bullets and Numbering
Formatted: Font: Bold (a) We received a report on the Arts and Culture Strategy and action plan which had been approved by Cabinet on 14 April. Members were informed of the Formatted: Font: Bold main ‘headline’ actions which included the OneCity Project ‘Cultural Activities Formatted: Font: 12 pt, Not Bold for Young People’, the creation of an Arts Network; and activities as part of Formatted: Font: 12 pt, Not Bold Westminster’s contribution to the Cultural Olympiad. We were pleased to note the potential for joint working in terms of health and older people. The Formatted: Font: 12 pt, Not Bold Committee discussed the positive impact that would result from introducing Formatted: Font: 12 pt, Not Bold young people to the arts and culture as well as the importance of advertising the facilities that are available and improving accessibility. Members also asked about the targeting of resources. Officers explained that the objective was to target existing resources into schools and local communities, ensuring
Council Agenda 72 May 200 87 318 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: that facilities are well advertised and opportunities are made available to local Margin people.
6. Health & Community Services in the Maida Vale Area Forum Formatted: Bullets and Numbering
(a) We received a report reviewing the services provided by Libraries and Arts, Formatted: Bullets and Numbering Housing, Social Services and Sport and Leisure within the locality covered by the Maida Vale Area Forum. This was the third such report as part of our intention to review services by area forum which focuses on services available to local communities at a neighbourhood level.
(b) We felt that the Maida Vale area was extremely well served by a wide range of service activities. On completion, each Area Forum report will be sent to the relevant Ward Members.
7. Quarterly Performance Monitoring Formatted: Bullets and Numbering
(a) We considered the key performance information from the areas of Libraries, Formatted: Bullets and Numbering Archives, Arts and Culture, Sport and Leisure, Housing and Adult Social Services.
(b) The Committee received an update on the charitable status of Cannons which Formatted: Bullets and Numbering had been taken over by Nuffield Hospitals in December. Work was being undertaken within the Libraries portfolio in order to further engage with older people and take more services to communities.
8. Work Programme Formatted: Bullets and Numbering
(a) We noted the current work programme and agreed that consideration would be given to establishing a joint Task Group with the Children and Young People Overview and Scrutiny Committee to look at sports provision for young people.
Judith Warner, CHAIRMAN
______
Local Government (Access to Information) Act – Background Papers The agenda and reports to the Health and Community Services Overview and Scrutiny Committee held on 16 April 2008.
Council Agenda 72 May 200 87 319 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE AUDIT AND PERFORMANCE COMMITTEE Margin ON 23 APRIL 2008
The following Members of the Committee were present:-
Councillors Melvyn Caplan (Chairman), Paul Dimoldenberg, Suhail Rahuja, Ian Rowley and Judith Warner
Also Present: Councillor Tony Devenish
1. Work Programme
(a) We discussed and noted the Committee’s Work Programme and progress made by the four Working Groups we have established for Property, People, Procurement, and Process and Audit.
2. Performance Monitoring Report for Period 11 (February) 2007/08
(a) We have received a report that set out key financial and service information for the eleventh period of the current municipal year, and which detailed progress on One City and WorkSmart projects.
(b) We noted the HR management information included in the report and discussed figures relating to equality and diversity and staff turnover.
(c) We commented on the further increase in the City Council’s Reserves Account and asked that a report considering the latest position be submitted at the next meeting.
3. The New Local Area Agreement 2008-2011: Indicators and Targets
(a) We have discussed and commented on proposed indicators and targets that would be included in the new Local Area Agreement (LAA) 2008-11, which was to replace the Comprehensive Performance Assessment and have noted progress made to date on developing the new LAA and improvement priorities.
(b) We agreed that the new LAA needed to reflect local priorities and be achievable and noted that it would be possible for targets to be removed at a later date if measurement was not practical.
Council Agenda 72 May 200 87 320 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. Internal Audit and Counter Fraud – Summary Monitoring Margin Report January – February 2008
(a) We have received a report on Internal Audit and Counter Fraud Activity carried out between January and February of the 2007/08 financial year.
(b) We noted action being taken to mitigate Housing Benefit fraud and discussed the City Council’s performance in recovering overpayments.
5. Internal Audit and Counter Fraud – Work Programme 2008/09 Formatted: Tab stops: 1.25 cm, Left
(a) We have noted the Internal Audit and Counter Fraud Work Programme for 2008/09.
(b) We discussed the allocation of resources for Audit and Counter Fraud work and in that context questioned the accuracy of the Electoral Register.
6. Annual Audit and Inspection Letter Formatted: Font: Bold Formatted: Font: 12 pt (a) We have noted the Annual Audit and Inspection letter and the actions being taken in response to the recommendations that had been made.
(b) We welcomed Martin Searle of the Audit Commission to the meeting. He introduced the report and stressed that overall the City Council continued to provide very good value for money and was improving strongly.
(c) Three key areas requiring action had been identified: (1) the need to continue developing means by which all involved in delivering local services worked together effectively, in particular through Local Area Agreements; (2) to monitor risk to services provided through contracts with third parties; and (3) to take steps to improve arrangements for financial reporting. Martin Searle confirmed that in each case the City Council was addressing these issues.
7. West End Area Action Plans Formatted: Font: Bold Formatted: Font: 12 pt (a) We discussed and commented on an overview of the City Council’s West End Formatted: Font: 12 pt Area Action Plans, which had been previously submitted to the Built Environment Overview and Scrutiny Committee. Formatted: Font: 12 pt, Not Bold Formatted: Font: 12 pt (b) We suggested that themes for further consideration by the Built Environment Formatted: Font: 12 pt, Not Bold Overview and Scrutiny Committee were: (1) how enforcement strategies fitted into the Action Plans; (2) whether there were adequate resources to deal with this issue; and (3) what outcomes had been achieved from these investments. Formatted: Font: 12 pt
Formatted: Line spacing: Exactly 12 pt MELVYN CAPLAN, Chairman ______Formatted: Centered, Line spacing: Exactly 12 pt Local Government (Access to Information) Act 1972 – Background Papers Formatted: Line spacing: Exactly 12 pt The agenda, reports and minutes of the meeting of the Audit & Performance Committee on 23 April 2008 Formatted: Indent: Left: 0 cm, First line: 0 cm, Line spacing: Exactly 12 pt
Council Agenda 72 May 200 87