Resources Legal and Democratic Services The Lonsdale Building The Courts Carlisle Cumbria CA3 8NA Fax 01228 226372 Tel 01228 606060 Email [email protected]
To: The Chair and Members of the Scrutiny Management Board
Agenda
SCRUTINY MANAGEMENT BOARD
A meeting of the Scrutiny Management Board will be held as follows:
Date: Friday, 23 January 2015 Time: 10.00 am Place: Committee Room 2, The Courts, Carlisle
NB A PRE-MEETING OF THE BOARD WILL BE HELD AT 9.30AM IN COMMITTEE ROOM 2 TO WHICH ALL MEMBERS ARE ENCOURAGED TO ATTEND.
Dawn Roberts Assistant Director – Corporate Governance
Enquiries and requests for supporting papers to: Glynis Andrews Direct Line: 01228 226361 Email: [email protected]
This agenda is available on request in alternative formats
Serving the People of Cumbria
1 MEMBERSHIP
Conservative (5) Labour (6) Mr DS Fairbairn Mr KR Hamilton Mr J Lister Mr M Hawkins Mr D Roberts Mrs S Hayman Mrs V Tarbitt Mr J Murphy (Vice-Chair) Mr WJ Wearing (Chair) Ms C Wharrier Mr M Wilson
Liberal Democrat (3)
Mr D Fletcher Mrs BC Gray Mr R Wilson
ACCESS TO INFORMATION
Agenda and Reports
Copies of the agenda and Part I reports are available for members of the public to inspect prior to the meeting. Copies will also be available at the meeting.
The agenda and Part I reports are also available on the County Council’s website – www.cumbria.gov.uk
Background Papers
Requests for the background papers to the Part I reports, excluding those papers that contain exempt information, can be made to Legal and Democratic Services at the address overleaf between the hours of 9.00 am and 4.30 pm, Monday to Friday.
2 A G E N D A
PART 1: ITEMS LIKELY TO BE CONSIDERED IN THE PRESENCE OF THE PRESS AND PUBLIC
1 APOLOGIES FOR ABSENCE
To receive any apologies for absence
2 MEMBERSHIP
To report any changes to the membership of the Board
3 DISCLOSURES OF INTEREST
Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises
1 Details of any employment, office, trade, profession or vocation carried on for profit or gain.
2 Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
3 Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority
(a) Under which goods or services are to be provided or works are to be executed; and
(b) Which has not been fully discharged.
4 Details of any beneficial interest in land which is within the area of the authority.
5 Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer.
6 Details of any tenancy where (to your knowledge)
(a) The landlord is the authority; and
(b) The tenant is a body in which you have a beneficial interest.
7 Details of any beneficial interest in securities of a body where
3 (a) That body (to your knowledge) has a place of business or land in the area of the authority; and
(b) Either –
(i) The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class. In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.
Note
A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).
Member Code of Conduct - Declaring Interests Flowchart (Pages 7 - 8)
4 EXCLUSION OF PRESS AND PUBLIC
To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.
5 MINUTES
To confirm as a correct record the Minutes of the meeting of the Board held on 11 November 2014 and the Call-in meetings held on 6 January 2015 (copy enclosed). (Pages 9 - 26)
6 CALL-IN ITEMS
For members to be informed of any call-in items received by the County Council and to consider whether any further action needs to be taken by the Board.
7 PRESENTATION [10.10 - 10.30AM]
Presentation by the Assistant Director – Business Services on ICT.
8 MANAGEMENT OF ABSENCE [10.30 - 10.50AM]
Paper by the Corporate Director – Resources (copy enclosed). (Pages 27 - 36)
9 HEALTH AND WELLBEING BOARD [10.50 - 11.05AM]
4 Paper by the Corporate Director – Health and Care Services (copy to follow).
10 OVERVIEW & SCRUTINY PROCEDURE RULES [11.05 - 11.25AM]
Paper by the Interim Monitoring Officer (copy enclosed). (Pages 37 - 98)
11 CABINET PROCUREMENT WORKING GROUP [11.25 - 11:45AM]
Paper by the Corporate Director – Resources (copy enclosed). (Pages 99 - 104)
12 CONTRACTORS WHO HAVE NOT YET TENDERED FOR WORK [11:45 - 12:00]
Paper by the Corporate Director – Resources (copy enclosed). (Pages 105 - 126)
13 SCRUTINY CHAIRS UPDATE [12:00 - 12:30PM]
The Scrutiny Board Chairs will each give an update on the work of the Boards:-
Adults Mark Wilson Children and Young People Duncan Fairbairn Communities and Place Mr M Hawkins Cumbria Health Scrutiny Mr R Wilson
(2) Verbal update on the work of the Cumbria Police and Crime Panel.
14 SCRUTINY MANAGEMENT BOARD BRIEFING [12.30 - 12.45PM]
Paper by the Senior Manager – Policy and Scrutiny (copy enclosed). (Pages 127 - 136)
15 DATE OF NEXT MEETING
Date: Friday 6 March 2014 Time: 10.00am Venue: County Offices, Kendal
5 This page is intentionally left blank MEMBER CODE OF CONDUCT – DECLARING INTERESTS
Is the matter about something YES in Part A (Disclosable NO Pecuniary Interests) of my register of interests?
You must Is it about something on declare it and YES Part B (other registerable leave the room. interests) of my Register? You cannot take part without a dispensation
You have an 'other registerable NO interest' and must declare it unless it is on the register already. You can still speak and vote
Are you or they affected more Does it affect the financial than most people and would interests of me, my friends, most people think you might YES family or close associates? have your judgement clouded?
YES NO NO
You must not You can You have vote but you take part no interest can speak if and to declare public allowed to speak and vote
NB: You do not need to declare the nature of ‘sensitive’ interests. You may still speak and vote if you have been 7granted a dispensation This page is intentionally left blank Agenda Item 5
SCRUTINY MANAGEMENT BOARD
Minutes of a Meeting of the Scrutiny Management Board held on Tuesday, 11 November 2014 at 10.00 am in Committee Room 1, County Offices, Kendal
PRESENT:
Mr WJ Wearing (Chair)
Mr DS Fairbairn Mr J Murphy (Vice-Chair) Mrs BC Gray Mrs V Tarbitt Mr D Fletcher Mr M Wilson Mr KR Hamilton Mr R Wilson Mr M Hawkins
Also in Attendance:-
Mrs GE Andrews - Senior Democratic Services Officer Ms H Blake - Senior Manager Policy Planning and Communities Mr D Donnini - Corporate Director - Resources
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
48 APOLOGIES FOR ABSENCE
Apologies for absence were received from Mrs S Haymen, Mr J Lister, Mr D Roberts, and Ms C Wharrier.
49 MEMBERSHIP
It was noted that Mrs Sue Hayman had replaced Ms Mandy Telford as a member of the Board.
50 DISCLOSURES OF INTEREST
There were no discloseable interests declared at the meeting.
51 EXCLUSION OF PRESS AND PUBLIC
RESOLVED that the press and public be admitted to the meeting for all items of business.
52 MINUTES
9 Subject to the inclusion of the words “call in member” in minute 38 fifth paragraph, and “golden handshake” being substituted by the word “payment” in minute 45(2), the minutes of the meetings of the Scrutiny Management Board held on 18 August (pm), and 29 September 2014 were confirmed, as circulated, and thereupon signed by the Chair.
53 CALL-IN ITEMS
There were no call-in items on this occasion.
54 SCRUTINY STRATEGIC PLANNING BUDGET CONSULTATION RESPONSE
Consideration was given to a report by the Senior Scrutiny Manager updating members on the work that had taken place in relation to scrutiny’s engagement with strategic planning, and seeking confirmation of the key points and recommendations that the Board wished to feed back to Cabinet in response to the budget consultation.
Following on from work that had taken place earlier in the year a day long session had been held on 5th November for all non-executive members to examine in detail the Council’s budget proposals that had been issued for consultation. A note summarising the feedback and views provided by members in attendance at the strategic planning scrutiny session were circulated at the meeting.
At the start of the debate the Chair thanked the Senior Scrutiny Manager and her team for a very successful day. He also announced that she would shortly be taking up a new post within the authority as Area Support Manager for Barrow. On behalf of members he expressed their thanks and appreciation for all her help and support and conveyed their best wishes for the future.
In a wide ranging discussion there were calls for more information to be provided in respect of the proposals for savings in future budget consultations. There was also support to the view that it would be helpful to receive a presentation at the next meeting of the Board about the use of technology to support business improvement. In responding to the issues raised the Corporate Director agreed to advise members of the conference call facility that currently existed.
In discussing the proposed reduction in the highways budget and how this would be achieved members highlighted their concerns about issues such as gully emptying and surface water on the highway, and they commented on the need for more partnership working. There was also some discussion about community engagement and the establishment of the new Area Offices which would ensure a consistent approach to the provision of services across the county.
A member referred to a question in the public consultation document of having fewer councils in Cumbria by merging the County Council and District Councils into one or two unitary councils, and asked for efforts to be made to encourage feedback from the public on unitary status.
10 RESOLVED that
(a) the key points and recommendations circulated at the meeting and expanded upon at the meeting be included in Scrutiny’s formal response to the budget consultation;
(b) the draft response to the budget consultation be circulated by the Senior Scrutiny Manager to Members of the Board via email for agreement; the Chair and Vice Chair to formally agree the final version.
55 SCRUTINISING PERFORMANCE
A report by the Senior Scrutiny Manager asked the Board to consider how it wished to undertake performance scrutiny in the future (minute 79 of a meeting of the Board held on 14 March 2014 refers).
The report advised of a development session that had been open to all non- executive members who had focussed on the Council’s Performance and Risk Management Framework and Scrutiny’s role in scrutinising performance.
The two main options put forward at the development session were:-
- to establish a performance sub-group reporting to the individual Boards
- to retain the status quo
The Board was advised that whichever option was developed by members there still remained a need for the Children’s Scrutiny Advisory Board to continue to monitor and scrutinise performance in relation to safeguarding as a specific and separate item in their formal public meetings.
The report also outlined a number of other broader issues which had been raised at the development session which it was intended to look into and report back on at a future meeting of the Board.
In considering the report there was support to the option of establishing a sub group reporting to the individual Boards comprising of 8 members as follows:-
a member from each of the Scrutiny Board’s, to be determined by the appropriate Chair. The Scrutiny Management Board’s representative to be the Chair.
4 non-executive members. All non-executive members to be invited to serve on the Performance Sub Group and if oversubscribed the Chair/Vice Chair of the Scrutiny Management Board to take the final decision on the membership.
RESOLVED that
11 (a) the proposed new approach to scrutinising performance, as outlined in paragraph 4.3.i of the report by the Senior Scrutiny Manager, be implemented for an initial pilot period of 12 months;
(b) the composition of the Performance Sub Group, as set out above, be agreed;
(c) the approach to performance scrutiny of the Children’s Improvement Programme be retained;
(d) the effectiveness of the revised approach to scrutinising performance be reviewed in 12 months time.
56 SMALL MEDIUM ENTERPRISE (SME) REPORT FOR PERIOD JULY - SEPTEMBER 2014
A report by the Corporate Director – Resources outlined the number of local business’ (Small Medium Enterprise –SME’s) that had been successful in winning Cumbria County Council contracts during the second quarter of 2014/15.
The Board was advised that during the second quarter of 2014 there had been 14 tenders advertised on the open market. One of the tenders had not yet been awarded but of the 13 contracts left 9 had been awarded to local SME suppliers. This did not include the tenders advertised via the Chest by the Transport team where 128 schemes had been advertised that had all been awarded to local SMEs.
In response to a request from a member of the Board the Corporate Director agreed for an officer to talk her through the tendering process, and to seek advice as to whether it would be feasible for her to observe a tendering meeting.
RESOLVED that the report be noted.
57 SCRUTINY CHAIRS UPDATE
The Board received an update on the work of the Scrutiny Advisory Boards from each of the Chairs.
(1) Scrutiny Advisory Board – Adults
Mr Wilson advised that at the last meeting of the Board Mr David Blacklock, Chief Executive of Healthwatch Cumbria, had attended to present a report on the outcome of a programme of Enter and View visits at Care Homes in West Cumbria, which had taken place between December and March 2014.
Other issues considered at the meeting included an analysis of safeguarding activity for quarter 1 in 2014-15, and a report by the Cumbria Welfare Reform Commission on the impact of welfare reform on people and services in the county. Consideration had also been given to the current provision of the Neighbourhood Care Independence Programme.
12 (2) Scrutiny Advisory Board – Children and Young People
Mr Fairbairn reported that the Chair of the Local Safeguarding Children’s Board had attended the last meeting of the Scrutiny Advisory Board to present the Annual report for 2013-14. There had been a robust discussion at the meeting on performance and the key areas that remained a priority. Mr Fairbairn also advised of his subsequent meeting with the Chair of the Cumbria Safeguarding and Improvement Board.
Other issues touched upon included school profiles that were available illustrating where pupils resided, a meeting of the Children’s Voluntary Sector Reference Group which Mr Fairbairn had attended in Penrith, and a leaflet produced by the County Council about part time working in relation to young people who were still attending school.
(3) Scrutiny Advisory Board – Communities and Place
Mr Hawkins advised that at the next meeting of the Board the Chief Fire Officer would be giving a briefing on the impact of the firefighters strike. He also reported on funding (£4.6m) that had been allocated to the Ulverston Fire Station, which he hoped would benefit other areas of the county.
Mr Hawkins advised that Cabinet members attended meetings of the Board to update members on issues of interest within their portfolio, which was most helpful. He also referred to a presentation that he had attended on the North West Coast Connections Project, which he viewed a good example of public engagement.
(4) Cumbria Health Scrutiny Committee
An investigation into adult mental health services had been carried out earlier in the year by the Centre for Mental Health with support from Cumbria County Council. It had been commissioned by the Partnership Trust and the NHS Cumbria Clinical Commissioning Group. Mr Wilson advised that a draft report had been prepared and that a one day Task Group would be held in January to look at the implementation of the recommendations relating to mental health services.
In relation to the transfer of services from the West Cumberland Hospital to the Cumberland Infirmary Mr Wilson advised that the North Cumbria University Hospitals NHS Trust had published early thinking on potential future solutions to the problems it faced. He also circulated a paper on the options outlined for Acute Services in North Cumbria, but not to maternity which was to be the subject of a separate review, and he commented on a Lead Members meeting he had attended the previous day.
(5) Cumbria Police and Crime Panel
The Senior Scrutiny Manager advised that there had been a range of issues discussed at the last meeting of the Panel with some thought given to next year’s
13 budget and precept. A special meeting of the Panel to consider the budget for 2015-16 was being held in December.
58 SCRUTINY MANAGEMENT BOARD UPDATE REPORT
Consideration was given to a report by the Senior Scrutiny Manager updating members on issues and developments relating to Scrutiny that had taken place since the previous meeting of the Scrutiny Management Board. Appended to the report was the scrutiny work programme.
The report touched upon scrutiny engagement in the strategic planning process, and on the development session as to how scrutiny should undertake performance work, both of which had been considered earlier in the meeting (minutes 54 and 55 refer). The report also asked Members to consider the format for the 2014 – 15 Annual Report, and highlighted key decisions to be taken relating to the work of the Board.
RESOLVED that
(a) the feedback from the Scrutiny Development Session focussing on performance be noted;
(b) the Scrutiny work programme be noted;
(c) in relation to the 2014-15 Annual Report a similar style be used to the one adopted in 2013-14; a draft to be brought to the Board for consideration at its meeting on 30th April, and a final version presented to Council on 18th June 2015.
59 DATE OF NEXT MEETING
The next meeting of the Board was scheduled for 23 January 2015 at 10.00am at The Courts, Carlisle.
The meeting ended at 1.00 pm
At the close of the meeting there was a workshop for members of the Board on a digital strategy for the authority.
14 SCRUTINY MANAGEMENT BOARD
Minutes of a Meeting of the Scrutiny Management Board held on Tuesday, 6 January 2015 at 10.30 am in the Council Chamber - County Offices, Kendal, LA9 4RQ
PRESENT:
Mr J Murphy (Chair)
Mr DS Fairbairn Mr J Lister Mr D Fletcher Mrs V Tarbitt Mrs BC Gray Mr M Wilson Mr KR Hamilton Mr R Wilson Mrs S Hayman
Also in Attendance:-
Mrs GE Andrews - Senior Democratic Services Officer Mrs O Bateman - Call-in member Ms H Blake - Senior Manager Policy, Planning and Communities Mr J Harris - Senior Programme Manager Ms A Jones - Assistant Director - Environment & Regulatory Services Ms S Lindsay - Group Solicitor and Manager, Environment and Community Legal Team Mrs E Mallinson - Call-in member Dr D Roberts - Assistant Director - Corporate Governance Mr D Southward - Cabinet Member for Economic Development and Property
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
60 APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr M Hawkins, Ms C Wharrier, Mr D Roberts and Mr WJ Wearing, together with Mr J Mallinson one of the call-in members.
61 DISCLOSURES OF INTEREST
There were no discloseable interests declared at the meeting.
62 EXCLUSION OF PRESS AND PUBLIC
15 During the course of the meeting it was agreed to exclude the press and public during consideration of the report on the Connecting Cumbria Fibre Garden Project on the grounds that it contained exempt information as defined under paragraph 3 of part 1 of schedule 12A of the Local Government Act 1972 relating to the financial affairs of particular persons.
63 CALL-IN
The Connecting Cumbria project was one of 48 projects nationally contracted through Broadband Delivery UK (BDUK) to provide broadband infrastructure across the UK. Funding was made up of different funding streams each with fixed funding and set regulations.
In May 2014 BDUK had issued a request for Connecting Cumbria to remove or descope a number of postcodes from its Intervention Area in Dent to allow the Fibre GarDen project to expand their network into this area utilising a grant from the Rural Community Broadband Fund provided through the Department for Environment, Food and Rural Affairs (DEFRA).
At its meeting on 27 November 2014 Cabinet had approved the removal of the area outlined in the Change Request and other postcodes requested by BDUK to permit the expansion of the Fibre GarDen community network into this area and support the expansion of superfast broadband beyond that planned under the current project into the wider Garsdale and Dentdale area.
A valid call-in had been received in respect of this decision which was considered flawed for a number of reasons including the following:-
Cumbria County Council had already spent public money to upgrade the telecommunications Cabinet in Dent village creating the possibility of 193 properties connected to superfast broadband. Descoping this area from the Connecting Cumbria Project would see that money wasted and unable to be reallocated for the benefit of residents in Cumbria. Descoping this area without the agreement of Cumbria County Council’s supplier would be a breach of contract and leave the Council open to a legal challenge, with a further potential claim against the Council for lost earnings. There was no clear evidence that Fibre GarDen would be able to deliver their project with no contractor currently appointed, and no information about backhaul or agreed wayleaves. It was also unlikely that the project would be delivered within the required timeframe for Rural Community Broadband Funding to be granted. Descoping from the current supplier ran the risk that nobody would receive a superfast broadband service in Garsdale or Dentdale. Fibre GarDen had said that it was able to go forward with the project without the need for descoping.
16 Members of the Board had before them the following papers:-
- A copy of the letter requesting Call-in
- Extract from the Constitution on Call-in
- Procedure at Call-in meetings
- A copy of the report considered by Cabinet at its meeting on 27 November 2014 concerning the Connecting Cumbria Fibre Garden Project
- Cabinet minute extract from the meeting held on 27 November 2014
- Background Information from the Call-in members
(1) The call-in members expanded on the reasons behind the call-in which were based on a number of concerns about the deliverability of a viable and sustainable broadband solution. If Dent and Garsdale was removed from the Connecting Cumbria project and the Fire GarDen project failed there was apprehension that this part of Cumbria could end up with no superfast broadband at all.
Fibre GarDen was dependent on Network Rail for backhaul provision (connecting the local scheme to the Internet) but had not received approval from the Office of the Rail Regulator/Ofcom. The current position in relation to backhaul provision, which could potentially put the project at risk, had not been reported on to Cabinet at its meeting on 27 November. The point was also made that it would not be known until mid January if the Council’s grant agreement with the Department of Communities and Local Government would be extended.
The concerns of the Dent and Garsdale Parish Councils, which were set out in the additional papers, were mirrored by the call-in members. Whilst supportive of investment to provide superfast broadband in the area the call-in members stressed that there was a realistic prospect this service would not be delivered in the Dent and Garsdale area.
(2) In response to the call-in the Cabinet member for Economic Development and Property advised that the Council was aware that the Fibre GarDen plans would provide superfast broadband to upwards of 500 properties. Part of the 500 would be within the current Connecting Cumbria intervention area with the remaining properties in outlying areas that would not have benefited from the current project, thus boosting the number of properties within the County able to access superfast broadband overall.
To support approval of the removal of the change area BDUK had agreed to fund the BT Group charges for sunk costs and underwrite any potential future lost cashflows. No public money had been spent on this area by the Council at this time.
17 It was also important to note that BDUK and DEFRA were responsible for validating the technical data and viability of the project, not the County Council. BDUK acknowledged the risk to Cumbria County Council should there be a failed Fibre GarDen project but would work with Connecting Cumbria to provide access to the footprint where required.
On the morning of the Cabinet meeting officers had been advised that there was an issue with the backhaul provision. This was the first time officers had been made aware of the issue and there had been insufficient time to assess or evaluate the information in time for the meeting.
Since the Cabinet meeting officers had met with Fibre GarDen, BDUK and DEFRA and had been reassured that alternative backhaul solutions were available. This was a matter for BDUK and DEFRA and was not the role of Cumbria County Council to validate the solutions.
(3) Members of the Board were then given the opportunity to ask questions of clarification. The Cabinet Member for Economic Development and Property advised of alternative solutions open to Fibre GarDen should there be failure to reach agreement with Network Rail in relation to backhaul provision. He also made the point that the descoping of the alternative area in Garsdale and Dent would enable planned investment into those communities from the Connecting Cumbria programme to be reinvested into other areas across Cumbria (£1/3m).
In responding to questions raised about funding the Cabinet member advised that the Fibre GarDen project was being funded directly by DEFRA. He also explained that through its existing grant agreement with the County Council BDUK had agreed to compensate the BT Group for work already undertaken to provide basic infrastructure in Dent. A letter attached to the Cabinet report set out BDUK’s position regarding the descope of the Fibre GarDen postcodes. Whilst the decision to descope had been taken by Cabinet, the terms of the area to be removed from the Connecting Cumbria Intervention area was delegated to the Corporate Director Environment and Community Services.
The Cabinet member confirmed that in proposing the descoping due diligence had been followed. Given that the proposals were not fully supported by all the residents he also indicated that he would be happy to meet with the local member, the project team and representatives of the Parish Councils to understand their views.
(4) In summing up the Cabinet member for Economic Development and Property assured members that Fibre GarDen wanted to go ahead with the project, and that the local member was supportive of the scheme. In relation to the provision of backhaul if approval was not received by the Office of the Rail Regulator/Ofcom there were alternatives that could be pursued. He wanted the best possible solution achieved for the people of Garsdale and Dent and reiterated that he would be happy to meet up with the local member, Parish Councils and Project Team to discuss and understand their points of view. He was content that the decision taken by Cabinet
18 was the correct one, and that the information which had come to light immediately prior to the meeting did not affect this resolution.
(5) In summing up the lead call-in member advised that she was acting in the best interests of the people of Dent and Garsdale. In particular she referred to the potential financial cost to the general public of funding BT for work already carried out and for the expected loss of income, and made the point that the project could not be delivered within the required timeframe ie 31st March 2015. She also highlighted the fact that a decision on whether to extend the grant to Cumbria County Council would not be taken by the Department of Communities and Local Government until mid January, and that DEFRA was pulling together a new Business Case.
(6) Members of the Board then discussed how to respond to the call-in.
In discussion there were particular concerns about the viability of the Fibre GarDen project in the light of the information received immediately prior to the Cabinet meeting. Concerns were also expressed about the financial situation, and the inconsistent and differing views of the local community.
Upon being put to the vote it was
RESOLVED that Cabinet reconsider its decision having been fully updated on the issues raised at the meeting.
The meeting ended at 12.20 pm
19 This page is intentionally left blank SCRUTINY MANAGEMENT BOARD
Minutes of a Meeting of the Scrutiny Management Board held on Tuesday, 6 January 2015 at 1.30 pm in the Council Chamber - County Offices, Kendal, LA9 4RQ
PRESENT:
Mr J Murphy (Chair)
Mr DS Fairbairn Mr J Lister Mr D Fletcher Mr D Roberts Mrs BC Gray Mrs V Tarbitt Mr KR Hamilton Mr M Wilson Mrs S Hayman Mr R Wilson
Also in Attendance:-
Mr J Airey - Call-in member Mr T Allison - Call-in member Mrs GE Andrews - Senior Democratic Services Officer Ms H Blake - Senior Manager Policy, Planning and Communities Mr A Harty - Programme Manager (Interim - BP4W) Ms S Lindsay - Group Solicitor and Manager, Environment and Community Legal Team Mr S Reed - Senior Manager - Property Capital Programme Dr D Roberts - Assistant Director - Corporate Governance Mr M Smith - Assistant Director - Capital Programme and Property Mr D Southward - Cabinet Member for Economic Development and Property
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
64 APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr M Hawkins, Mr WJ Wearing and Ms C Wharrier, together with Mr J Mallinson one of the call-in members.
65 DISCLOSURES OF INTEREST
There were no disclosable pecuniary interests declared at the meeting.
66 EXCLUSION OF PRESS AND PUBLIC
21 RESOLVED that the press and public be admitted to the meeting for all items of business
67 CALL-IN
A valid call-in had been received in respect of a decision taken by Cabinet on 27 November 2014 regarding the final business case for the new Carlisle office and the award of the contract to the preferred supplier to complete the design and build the scheme within the agreed cost.
The decision was considered flawed for a number of reasons including the following:-
Since the initial feasibility studies were commissioned the financial outlook had changed considerably. The budget consultation, currently underway, included reference to a Unitary Authority in Cumbria. The business case for the proposed build would change dependent upon the eventual outcome of this. Council Members had not received a satisfactory rationale to substantiate the efficiencies envisaged by building premises that would accommodate 450 work stations as a base for a much larger number of staff. The disposal programme of properties in Carlisle was well advanced and the need for a new building was not emerging as a pressure. The economic impact on the city centre of the relocation of staff to Kingmoor Park had not been factored into the decision. The evaluation of alternative properties had not been considered thoroughly.
Members of the Board had before them the following papers:-
- A copy of the letter requesting call-in
- Extract from the constitution on Call-in
- Procedures at Call-in meetings
- The report considered by Cabinet at its meeting on 27 November 2014 on Better Places For Work (BP4W) - Carlisle
- Cabinet minute extract from the meeting held on 27 November 2014
- A written submission from the call-in members.
22 (1) The call-in members expanded on the reasons behind the call-in.
The Lead call-in member explained that, whilst supportive of the principles behind the BP4W programme, since the initial feasibility studies had been commissioned by the last administration the financial situation had changed considerably and that restrictions on local government funding were unlikely to change in the foreseeable future. He also referred to the Council’s budget consultation which was underway and included reference to a Unitary Authority, or Authorities in Cumbria. In that event was there a presumption that the new offices being built in Carlisle would be the headquarters of a future Unitary Authority? The business case for the proposed new office accommodation would change dependent upon the eventual outcome of this.
Given the current economic climate when the people of Cumbria were feeling the affects of austerity measures was it acceptable to be building new office accommodation? The point was also made that plans were based on 700 staff working out of a new headquarters in Carlisle however there was insufficient evidence for this requirement.
The 2nd call-in member referred to the increasing potential damage to the city centre given the relocation of 700 staff to lower Botchergate and the deployment of staff to Parkhouse. The County Council was leading the exodus from the city centre core retail area and reducing weekday footfall. Whilst the project was predicted to assist in the regeneration of lower Botchergate, recent evidence suggested little developer interest in this area.
(2) In response to the call-in the Cabinet Member for Economic Development and Property referred to the tightening financial situation which made it imperative for the Council to make greater savings. Through the delivery of the BP4W programme direct revenue savings from the upkeep of buildings in Carlisle of £0.9m per year had been identified, as well as wider savings throughout the county of approximately £13m.
Unitary status was still some way off. If it did go ahead the new office accommodation had been designed to provide significant flexibility for future service requirements. He advised that the number of staff it was proposed to relocate to the new office would be approximately 700 with a design ratio of 7 workstations to 10 staff.
The existing accommodation would cost more to operate than the proposed new office. Staying put would make the further transformation of services very difficult, and the Council would fail to bring about the wider £13m of savings previously identified, which would need to be found from elsewhere.
It was not proposed to relocate city centre based office staff to Kingmoor Park. All city centre based staff currently, would relocate to the new offices on Botchergate, retaining a presence in the city centre. The Cabinet member advised of alternative properties in Carlisle and why they had not been considered suitable. He believed
23 that the building of a new office in Carlisle was the best way forward in terms of delivering both savings and service transformation.
(3) Members of the Board were then given the opportunity to ask questions of clarification.
In responding to points raised the Cabinet member explained how a design ratio of 7 workstations to 10 staff had been arrived at. The Assistant Director also confirmed that when the new office building had been designed significant flexibility had been built in. In relation to the office accommodation in Portland Square the development was going ahead in a planned manner.
Currently there were 174 car parking spaces at William Street and 207 at Cecil Street totalling 381 spaces. Both sites were currently managed on a pay and display basis. It was proposed to continue this arrangement following the development of the new office building where there would be around 307 car parking spaces.
Should the project be delayed there would be on costs. When the new build was complete revenue costs in Carlisle would reduce from £1.9m to £1m giving an annual saving of £0.9m. The Business Case had been modelled over a 25 year period.
(4) In summing up the Cabinet member for Economic Development and Property advised that the purpose of the scheme was to have a fit for purpose office for council staff to work from. It did not stop them from visiting the shops either in the city centre or in the lower end of Botchergate. Whilst it was not proposed to relocate city centre based staff to Parkhouse there might be the opportunity to relocate staff from the Parkhouse building and rent out the office space. There were no obvious alternatives and the case for a new build solution, which had been initiated by the last administration, and was as good now as it had been then.
(5) The Lead Call-in member agreed that savings needed to be made and supported the principles behind BP4W. However he was unconvinced that there were no other suitable premises in the city centre and suggested delaying the scheme to properly explore other alternatives. He also questioned the predicted savings of £0.9m a year and considered the cost of the new office accommodation of £10.4m to be a best guesstimate. He made the point that account needed to be taken of Unitary status, and that at this stage there were too many questions that needed answering and taken back to Cabinet before progressing any further.
(6) Members of the Board then discussed how to respond to the call-in.
In the course of the discussion various views were expressed. It was commented that the new office accommodation was too expensive and could be built for a lot less out of town. Before going ahead it was felt that there needed to be a clearer picture about staff numbers, and the question of unitary status. Other members did not believe that the scheme should be viewed negatively and that they should be
24 looking to the future and believe the facts put before them as the business case was clear in terms of the benefits and the savings that would be achieved.
Upon being put to the vote it was
RESOLVED that the decision taken by Cabinet on 27 November 2014 be upheld.
The meeting ended at 2.45 pm
25 This page is intentionally left blank Agenda Item 8
SCRUTINY MANAGEMENT BOARD
Meeting date: 23 January 2015
From: Corporate Director – Resources
MANAGEMENT OF ATTENDANCE
1.0 EXECUTIVE SUMMARY
1.1 This report sets out an overview of the management of attendance by the Council.
2.0 STRATEGIC PLANNING AND EQUALITY IMPLICATIONS
2.1 This report relates to the strategic planning framework for Cumbria, including supporting delivery of Community Strategy and the following Council Plan priorities : -
To promote health and wellbeing, and tackle poverty
To be a modern and efficient council
2.2 There are no equality implications arising from this report.
3.0 RECOMMENDATION
3.1 The Board is recommended to: -
a. Note current absence levels and the issues associated with them
b. Note the measures in place and planned for the reduction of current levels of absence
4.0 BACKGROUND
4.1 The cost of absence from work of the workforce is recognised by most employers as a significant issue. Absence has two key impacts on an organisation. The first is the cost of absence from the payment of salaries to
27 the management of absence and the second is the impact on the delivery of services.
4.2 Absence is now recognised to have a number of components, although the most significant is absence due to sickness. Historically, public sector organisations have had high levels of sickness relative to private sector bodies. It seems likely that the benefits provided play a part in this but a failure to manage sickness effectively is the most significant issue.
4.3 This issue has been of concern to Elected Members of the Council for some years and a Task and Finish Review of the issue was undertaken by Scrutiny in 2012. The Review made a number of recommendations to improve management of absence, most of which were accepted by Cabinet and have been implemented. Since then internal resilience reports, by the external auditor, have highlighted the issue for consideration.
5.0 CURRENT LEVELS OF ABSENCE
5.1 The current level of absence in the Council (to the end of the second quarter 2014) is 12.44 days per employee. The final figure for 2013/14 was reported as 13.81 days per employee (full time equivalent). This breaks down as follows* : -
A& LS (Health and Care) 17.19 CX (Corporate Governance) 4.85 Children’s Services 10.94 Environment (& Community) 5.92 Resources 7.31 Safer and Stronger (F&RS) 8.89
*The organisational structure changed during the financial year so reflects 9 months and 3 months
5.2 A Price Waterhouse Coopers Report, in July 2013, showed that sickness rates nationally (across all sectors) were rising and that the average public sector figure for 2012/13 as 11.1 days (although more recent figures have suggested that the figure may now be as low as 8 days per employee). At the time of the Scrutiny Review the Council’s figure stood at 14.77 days. The figure for 2012/13 overall was reported as 12.54 days.
Issues Impacting on Reported Levels
5.3 In considering reported absence levels for the Council the main issue has been the accuracy of reporting. There are three main elements to this. First, managers have historically failed to accurately report absence (and in particular the end of a period of absence), secondly not all necessary workforce data has been held in the iTrent system and finally the structure of employment contracts creates issue for reporting.
5.4 Whilst it is not possible to categorically state that the reported rise from 2012/3 to 2013/4 is more likely to be a statistical issue, this is quite probable. In addition, the emphasis on reporting and better management of absence may also have had an unpredictable influence on the data.
28 Characteristics of the Workforce
5.5 As with all organisations some parts of the workforce have inherently higher levels of absence than others. The characteristics of services with higher levels of absence include large, often casual and part time workforces, often with an aging and/or manual component and frequently widely dispersed. These characteristics are common in local authorities with highways and care services.
5.6 In local authorities these characteristics are also often associated with elements of the workforce with a high manual component in to their work so issues such as musculo-skeletal problems are inevitable. However, whilst absence levels are high in the Council, the incidence of musculo-skeletal issues is not above average.
Cumbria Care and its Impact on the Data
5.7 In the Council all these characteristics are present in Cumbria Care, which is also the largest workforce (2200) in the Council - more than 25% and therefore has a very significant impact on overall average. This is also the workforce which has the most diverse employment contract arrangements (zero hours, guaranteed hours, multiple contracts) and working patterns.
5.8 The reported levels of sickness in Cumbria Care, in 2013/14, were 22.43 days per FTE. This compares with a care sector average of 18.8 days per FTE nationally.
5.9 However, a very detailed analysis was undertaken in April this year (and updated for this report), using a typical month’s data for Cumbria Care and looking at individual employee’s contract status, working profile and reported sickness. This shows an FTE figure of 1644 compared with a base figure of 2200 referred to above.
5.10 On this basis the annualised total of sickness days for Cumbria Care in 2013/14 would be 15.12 days, some 3.6 days below the average for the care sector. This level would create a Council figure for 2013/14 of 10.66 days which is below the PWC public sector figure.
29 6.0 MITIGATION MEASURES ALREADY IN PLACE
6.1 The Council has now put in place all the agreed Scrutiny Task and Finish recommendations and those from the Grant Thornton report. These are essentially background measures which address such areas as different components of absence, having less bureaucratic procedures which assist reporting, ensuring that employee profiles are accurate etc.
6.2 Key areas are : -
iTrent development has continued. On line sickness reporting in place since summer of 2013
Focus on long term sickness cases (over 4 weeks) has resulted in a reduction from 514 (January 2013) to 267 (February 2014)
Monthly metrics are provided to managers and management teams
Positive attendance policy and processes significantly revised on 2 occasions
Management workshops have been held; simplified guidance for managers produced
Strong emphasis on positive attendance and ‘wellbeing’ across the Council
Increase in line manager usage of Occupational Health advice line
An (independent) report commissioned into employee issues in Cumbria Care and recommendations are being addressed
A ‘Stuck not Sick’ procedure has been adopted to avoid employees calling in sick when they have other issues which mean they cannot be at work.
Current and Future Mitigation
6.3 The forgoing has raised an awareness of the impact of absence on the Council and gone some way towards creating the environment for more effective management. However, this has not so far seen a significant reduction in the levels being experienced.
6.4 There are now 2 key areas of action which will underpin the achievement of a sustained reduction. The first is a significant change in culture within the organisation and the second is the effective management of performance. Both of these are central to Council priorities set out in the Council and Workforce Plans.
30 Currently Under Way
6.5 There are a number of further measures under way which will support the achievement of reductions in levels of absence: -
Changing the culture to underpin long term change: -
a programme of management and leadership development is under way - this has an emphasis on creating a high performing culture and managing performance.
By the middle of 2015 more than 350 managers will have been through the programme which includes direct content on the management of absence
a set of required behaviours and competencies to be applied at all levels has been identified – this will enable consistent measurement of employee performance through appraisals and related areas
further work has been undertaken on the management of discipline, grievance and attendance to simplify processes and ensure that business needs are made a priority
Advice and support being given by People Management advisors is being made more consistent and is being focussed on service needs and achieving more speedy outcomes
Addressing Performance: -
there are targeted programmes of absence management under way at top team level in Children’s Services and Cumbria Care*
a programme of work is under way to regularise contract arrangements across the Council and in particular in Cumbria Care – this will then allow the creation of work profiles for these staff which will improve accuracy of reporting and therefore improve the capacity to manage
a People Management project (due for completion by mid 2015) is targeting long term sickness cases to fast track resolution – this has proved in other councils to have a measurable impact on overall average levels of sickness in other organisations
Further Mitigation
6.6 The following measures are planned to support the ongoing reduction of levels of sickness in the Council:-
31 Changing Culture: -
embedding lessons learned from the long term sickness project to further modify People Management guidance and prioritise service needs
require greater use of occupational health support in both the mitigation and management of issues
ensuring that all employees understand the importance of attendance through the creation of an ‘employee message’ (in December 2014)
this will make clear the direction of travel and use of the behaviours and competencies matrix to measure contribution and performance (from February 2015)
further consideration of ways to recognise good attendance through the Employee Engagement framework required under the Workforce Plan (work under way)
further development of the Wellbeing framework to support employee attendance
Improving Performance: -
set annual corporate, directorate and service targets for the reduction of absence from 1 April 2015 - it is proposed that the corporate target be 8 days per employee, per year by the end of 2017/18
corporately directed annual targets will be set for specific services with high levels of absence
monthly reporting to the Corporate Directors team will be initiated and quarterly reporting to Cabinet enhanced
require the monthly management and reporting of long term cases (over 12 weeks) by directorate management teams from 1 April 2015
management information will be revised and produced to support the management of absence by the relevant teams (by January 2015)
short term absence data will be automatically triggered by iTrent and passed to managers to draw attention to emerging issues (by April 2015)
this will also be advised to Assistant Directors monthly and will trigger an offer of advice from People Management.
32 7.0 MANAGING THE RISK
7.1 As indicated above the risk associated with sickness has been managed by the Council with little or no impact on service delivery. Direct costs associated with sickness are dictated by national agreements although the management of sickness will impact on these and is improving.
7.2 Experience elsewhere, both in the public and private sectors, indicates that if the measures outlined above are delivered effectively, it is possible to reduce and manage absence, and in particular sickness absence, effectively. The current major change programme is likely to have an impact on sickness but the measures either in place or proposed should enable the Council not only to contain this but to meet its targets.
7.3 The current level of assessed risk is as follows: -
Risk Likelihood Impact Risk That absence is not managed effectively resulting in additional 5 2 10 costs and an impact on the delivery of services
7.4 Once the measures outlined above are in place it is assessed that the risk will be: -
Risk Likelihood Impact Risk That absence is not managed effectively resulting in additional 3 2 6 costs and an impact on the delivery of services
7.5 The current and proposed levels of risk are assessed as relatively low. Whilst improved management should reduce the levels and thus impact, even current levels are within manageable levels. It is assessed that this risk can be managed at directorate levels.
8.0 CONCLUSION
8.1 The Council has had an historically high level of sickness and overall absence. Compared with many councils and other organisations it has been slow to respond to this.
8.2 However, in the last 2 years much has been done to secure accurate data, improve management and introduce positive measures to reduce sickness. By the beginning of the new financial year all these measures will be in place and the adoption of managed targets should see a real reduction in levels.
33 8.3 Despite the high levels of absence, the impact and risk to the Council has been and is likely to remain low. If measures to improve on past achievement are effective, as they have proved elsewhere, the risk will reduce still further.
Dominic Donnini Corporate Director Resources
Electoral Division(s): All
* Please remove whichever option is not applicable
Executive Decision No*
Key Decision No*
If a Key Decision, is the proposal published in the current Forward Plan? N/A*
Is the decision exempt from call-in on grounds of urgency? No*
If exempt from call-in, has the agreement of the Chair of the relevant N/A* Overview and Scrutiny Committee been sought or obtained?
Has this matter been considered by Overview and Scrutiny? No* If so, give details below.
Has an environmental or sustainability impact assessment been N/A* undertaken?
Has an equality impact assessment been undertaken? Yes*
PREVIOUS RELEVANT COUNCIL OR EXECUTIVE DECISIONS
None
CONSIDERATION BY OVERVIEW AND SCRUTINY
Task and Finish Review in 2012 Periodic monitoring of progress by Scrutiny Management Board
34 BACKGROUND PAPERS
Annual Report of the External Auditor
RESPONSIBLE CABINET MEMBER
Cllr Barry Doughty
REPORT AUTHOR
Contact: Alan Greaves 01228 221757 [email protected]
35 This page is intentionally left blank Agenda Item 10
SCRUTINY MANAGEMENT BOARD Meeting date: 23 January 2015 From: Interim Monitoring Officer
Overview & Scrutiny Procedure Rules
1.0 Purpose of Report
1.1 The Assistant Director – Corporate Governance is leading on a fundamental review of the Council’s Constitution. As part of that review the written procedure rules for the Overview & Scrutiny function have been revised. The revised rules are set out at Appendix 2 to the report and Members views are sought prior to the submission of the revised rules to the Constitutional Review Working Group and then Full Council for final approval.
2.0 Issues for Scrutiny
2.1 Scrutiny Members are asked to review and comment on the revised Overview & Scrutiny Procedure Rules prior to their formal approval by Full Council.
2.2 The rules set out the detailed arrangements for the conduct of the Scrutiny function including officer support, policy review and development and the Call-In process and so it is important that Members approve the revised rules.
3.0 Background
3.1 The Assistant Director – Corporate Governance is tasked with a fundamental review of the Council’s Constitution with a view to ensuring that the County Council has a written Constitution which is modern and fit for purpose. The intention is that the new Constitution should be written in plain English and easily accessible to all users, whilst retaining sufficient detail to give the necessary guidance on important procedural practice and rules.
3.2 As part of the review process the current Overview & Scrutiny Procedure Rules have been substantially revised. The original rules as currently set out in the Constitution are set out at Appendix 1 for Members information.
3.3 The revised rules are set out in Appendix 2. There is a document available showing track changes should Members wish to see it at the Board meeting, however, it is somewhat difficult to follow and so has not been appended to
37 this report. It is important to note that the document will require a final review once Members comments are incorporated in order to ensure consistency of terms, layout and cross referencing across the entire document. The revised rules are significantly more concise than the original and the following layout has been adopted:-
1. The number and arrangements for Overview & Scrutiny Boards
Guiding Principles
Overview & Scrutiny Boards
Matters within the remit of more than one Overview & Scrutiny Board
Officer support
2. Policy Review, Policy Development & Scrutiny
3. Membership of Overview & Scrutiny Boards
4. Chairs of Overview & Scrutiny Boards and Task & Finish Groups
5. Meetings of Scrutiny Management Board and the Overview & Scrutiny Boards
The Party Whip
6. Procedure at Overview & Scrutiny Meetings
7. Work Programme
Annual Report
8. Agenda Items
9. Overview & Scrutiny Task & Finish Groups
10.Making sure that Overview & Scrutiny reports are considered by the Cabinet
11.Members and officers giving account
12.Attendance by others
13.Call-In
14.Councillor Call for Action
15.Terms of Reference
16.Health Scrutiny Committee
38 3.4 Members comments are sought upon the revised Rules which have been drafted to be more concise and to reflect current practice & procedure.
Caroline Elwood Interim Monitoring Officer January 2015
Please ensure that every part of this section where there is an asterisk* is completed in accordance with the instructions before releasing the report to Democratic Services (please ensure you have deleted this sentence).
Appendices
Appendix 1 – Current Overview & Scrutiny Procedure Rules Appendix 2 – Amended Overview & Scrutiny Procedure Rules
Previous Relevant Council or Executive Decisions [including Local Committees]
No previous relevant decisions.
Background Papers
No background papers
Contact: Caroline Elwood, 01228 227350, [email protected].
39 This page is intentionally left blank
Part 4: Overview and Scrutiny Procedure Rules
1. The number and arrangements for Overview and Scrutiny Committees Guiding Principle 1.1 The guiding principle for the work of Overview and Scrutiny is that it should involve constructive criticism with the aim of improving decision-making. Whilst it is accepted that some work (particularly call-in) could potentially be adversarial in a political environment, the emphasis of the work of Overview and Scrutiny should be on making a positive contribution to the development of policy and performance.
1.2 While Overview and Scrutiny will review Cabinet decisions through the “call-in” mechanism, importantly, they will also assist in the development of County Council policy by looking at existing policies and the effectiveness of their delivery, including reviewing whether new policies or changes to existing policies are needed. Officer Support
1.3 Officers of the County Council owe a duty to support and advise all members. In practice, most of the day to day work of corporate directors will be advising members of the Cabinet but this does not reduce the importance of their work for Overview and Scrutiny or compromise the independence of thought of Overview and Scrutiny. Subject to the Chief Executive’s overall role, each corporate director is the principal adviser to the County Council (and therefore to Scrutiny) on his or her area of responsibility. This means in practice that:
• there is a presumption that corporate directors who have been asked to prepare papers for Scrutiny should brief the Chair on their content before the meeting either personally or through their representative; the only occasion when a corporate director should not personally brief the Chair is when he or she is to be questioned on their advice on a matter which has been called in; and
• work on issues referred to Scrutiny by the Cabinet should be supported by the relevant corporate director.
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1.4 An officer nominated by each corporate director will be available to support the scrutiny role from a service perspective, on terms that reflect the needs of the scrutiny process.
1.5 Papers should be produced to the direction of the Scrutiny Committee, whether prepared by corporate directors or the Scrutiny team, with the early involvement of the Chair and Vice-Chair.
1.6 Against the background above, the particular role of the Scrutiny team is to facilitate the ability of Scrutiny to ask pertinent questions, and to consider the advice of corporate directors in the light of the views of others, and of other issues. The team may support Scrutiny by introducing new perspectives, but the team is not to be regarded as an alternative source of professional or policy advice on issues which are properly the responsibility of corporate directors. The Scrutiny team may also provide critical commentaries on reports provided by directorates. An officer from the team acts as the principal adviser to the Chair at meetings of Scrutiny.
1.7 The Scrutiny team also has an important role in helping Scrutiny to scrutinise individual proposals of the Cabinet before they are finalised (‘call--in’).
1.8 The Scrutiny Management Board has overall responsibility for the direction and management of Overview and Scrutiny so as to ensure that non-Cabinet members make an effective contribution to the improvement and development of Council and other public services for the benefit of the people of Cumbria. The Board’s terms of reference are set out in paragraph 19.
2. Membership of Overview and Scrutiny Committees
2.1 Any reference in this Constitution to an Overview and Scrutiny Committee shall in practice refer to a Scrutiny Advisory Board or the Cumbria Health Scrutiny Committee.
2.2 All councillors, except members of the Cabinet, may be members of an Overview and Scrutiny Committee or task and finish group. However, no member may be involved in scrutinising a decision in which he/she has been directly involved.
2.3 The Scrutiny Management Board shall comprise between 11 and 14 members (except members of the Cabinet), including the chairs and vice-chairs of the three Scrutiny Advisory Boards below and the Chair of the Cumbria Health Scrutiny Committee.
2.4 No member may act as a replacement member for any member of the Scrutiny Management Board.
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3. Overview and Scrutiny Advisory Boards
3.1 The Council will have the Scrutiny advisory boards set in section 19 as well as a Health Scrutiny Committee. The boards may, exceptionally, appoint sub-committees, but normally Overview and Scrutiny should work through “task and finish groups” – see paragraph 4 for more information.
4. Overview and Scrutiny Task and Finish Groups
4.1 Task and Finish Groups are one of the principal means by which Overview and Scrutiny will make a positive contribution to the development and review of County Council policies.
4.2 Task and Finish Groups are member groups set up for a specific and time limited purpose. Each advisory board will be consulted on the work programme but the Scrutiny Management Board must give prior approval for the establishment of any such Group having regard to the Board’s project plan, the overall priorities for Overview and Scrutiny and available resources.
4.3 The following key points shall apply to the Group:-
• The members of the Group shall be appointed by the Advisory Board from all non-Cabinet members of the County Council. • Any member of the Council can serve on a Group, except a Cabinet Member. • Normally the Group will consist of a minimum of 3 and a maximum of 5 members, unless in exceptional circumstances, where the Chair and Vice-Chair of the parent Scrutiny Board may agree additional membership as appropriate • If a task group is oversubscribed the Scrutiny team will collate the following information in relation to those members wishing to participate:
• Members’ interest/experience in the subject area. • The geographical spread of members interested in participating. • The number of reviews members have previously taken part in. • The political group the member represents. Whilst there is no requirement for task and finish groups to be politically proportionate task groups will normally be multiparty
• Once the information referred to above has been collated the Chair of the parent Scrutiny Board will review this, following
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consultation with the Chair and Vice-Chair of the Scrutiny Management Board, with a view to selecting a balanced task group of 3–5 members in terms of the above criteria. • No member can act as a substitute on a task and finish group. • The Chair of a task and finish group will be appointed by agreement of the task group members. • The Group may invite others, including non members of the County Council, to contribute as witnesses to the subject or area under review. • The Group is not a formal sub-committee, and can advise and recommend but not make decisions. • The membership of a task group is not required to be politically proportionate, but will normally be multi-party and include at least one member from the commissioning Advisory Board. • The Group may undertake research (e.g. hearing evidence from and co-opting experts, undertaking consultation exercises and opinion surveys with various client groups and making visits). • The Group will have clear objectives and terms of reference for a specific time-limited scrutiny review. The Group’s work will be supported by a detailed project plan which has been approved by the Scrutiny Management Board. • The work undertaken will form part of a programme approved by the Scrutiny Management Board. • The Group can meet in private and informally. • The Group’s completed draft final report* shall be approved by the relevant advisory board and the Scrutiny Management Board before it goes to the Cabinet for consideration. The completed draft report of a task and finish group set up by the Health Scrutiny Committee shall be approved by that Committee. *On matters of particular urgency, draft final reports can be considered by the appropriate Advisory Board Chair and Chair/Vice Chair of SMB outside the scheduled Board meetings • At Cabinet, the Group’s report will be presented by the Chair of the Task Group or the Chair of the relevant advisory board. • Through the relevant advisory board, the Scrutiny Management Board shall receive monitoring reports from the advisory boards on the implementation of any proposals arising from scrutiny recommendations agreed by the Cabinet. • The normal access to information rules will apply to the Group’s report. 4.4 Standing task and finish groups will be the exception rather than the rule. Task and finish groups will normally be set up by the Scrutiny Management
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Board to do a specified task or project and will have defined terms of reference and be time limited.
5. Meetings of the Scrutiny Management Board and the Overview and Scrutiny Advisory Boards
5.1 The Scrutiny Management Board will normally meet bi-monthly.
5.2 There shall normally be four ordinary meetings of Scrutiny Advisory Boards in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate. A meeting of the Management Board or of one of the Advisory Boards may be called by the relevant chair, by any five members of the Board or by the Corporate Director – Resources if he/she considers it necessary or appropriate.
6. Chairs of Overview and Scrutiny Advisory Boards and Task and Finish Groups
6.1 Chairs and Vice-Chairs of Scrutiny Advisory Boards will be drawn from among the members sitting on the Advisory Board. Subject to this requirement, the Chairs and Vice-Chairs of Scrutiny Advisory Boards will be appointed by the County Council in accordance with Council Procedure Rule 1.3.2. No member who is in receipt of a Special Responsibility Allowance for a function may chair an Advisory Board or Task and Finish Group dealing with that function.
7. Work Programme
7.1 Scrutiny Advisory Boards will be responsible for contributing to one overall Scrutiny work programme, and, in doing so, they shall take into account the wishes of members on that Committee who are not members of the largest political group on the Council.
8. Agenda Items
8.1 Any member of a Scrutiny Board, or any five members of the Council who are not members of a Scrutiny Board, has a right to ensure that any item relevant to the remit of a Scrutiny Board is placed on the agenda and discussed at a meeting of the relevant Board. This right should be used in a constructive way and not to subvert a decision properly taken (for example, to repeat a debate carried out at a previous meeting within the last six
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months) or as a means for a member to obtain information for which other rights and procedures exist at law and under the Constitution.
8.2 Any member wishing to have an item included on an agenda must give notice of the item to the Assistant Director – Corporate Governance not later than 10 working days before the date of the next scheduled ordinary meeting. The notice should specify the key issues the member wishes the Board to consider, the Scrutiny function to be undertaken and the object of such scrutiny. The provision for 10 days notice may be waived in exceptional circumstances where an item is so urgent that deferment to the next meeting would prevent its effective consideration and Scrutiny.
8.3 In determining the next available Scrutiny Board to which the item should be referred for consideration the Assistant Director – Corporate Governance shall consult the Chair of the Scrutiny Management Board or the Chair of the relevant Advisory Board who shall determine the matter having regard to the weight of business, the Board’s agreed programme of work and the urgency and importance of the item brought forward by the member. In determining the importance and urgency of the item the Chair shall have regard to the views of the member and to such factors as:
• whether the item relates to a significant variation to the Council’s budget;
• whether the item involves a significant departure from or change to the Council’s Policy Framework;
• whether the item involves any significant propriety or probity issues;
• whether, because of the urgent nature of the business, including any deadlines for decisions or action, consideration cannot be deferred to a future meeting;
• whether the item relates to an Education matter in respect of which Education representatives will be required to attend the meeting.
8.4 No item which properly falls for consideration by a Scrutiny Board submitted by a member may be deferred for longer than one scheduled meeting after receipt of the item by the Assistant Director – Corporate Governance.
8.5 The Chair of the Scrutiny Management Board or the Chair of the relevant Advisory Board shall reject items which are not relevant to the specific functions of Scrutiny as set out in the Constitution. In particular items which seek to debate but not to review or scrutinise the decisions or performance of the Cabinet, committees or officers in accordance with the Scrutiny function, which supplant the statutory and constitutional management role of the
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Cabinet or the substance of which is the obtaining of information rather than performance of a Scrutiny function may be rejected. In the latter case the member will be referred to the appropriate member of the Cabinet, Corporate Director or Proper Officer. Where items are rejected under this Protocol the Chair shall report the matter to the next meeting of the Scrutiny Board.
8.6 Members requesting that items be placed on a Scrutiny agenda shall not have a right to request the preparation of detailed reports by officers. The Scrutiny Board concerned shall have the right to request the provision of information or the preparation of reports to enable the item to be properly considered. These provisions shall apply equally to notice seeking the inclusion of items received from five members of the Council who are not members of Scrutiny as they apply to such notice received from a member of a Board.
9. Policy Review and Development
9.1 The role of Overview and Scrutiny in relation to the development of the Council’s Budget and Policy Framework is set out in detail in the Budget and Policy Framework Procedure Rules (see Part 12A)
9.2 In relation to the development of the Council’s approach to other matters not forming part of its Policy and Budget Framework, Overview and Scrutiny Boards may make proposals to the Cabinet for developments insofar as they relate to matters within their terms of reference.
9.3 Subject to the prior identification of a budget for the purpose, Overview and Scrutiny Boards may hold inquiries and investigate the available options for future direction in policy development, and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research, and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration, and may pay to any advisers, assessors, and witnesses a reasonable fee and expenses for doing so. Policy Development and Review:
Overview and Scrutiny Committees may:
(i) assist the Council and the Executive in the development of its Budget and Policy Framework by in-depth analysis of policy issues;
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(ii) conduct research, community and other consultation in the analysis of policy issues and possible options;
(iii) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;
(iv) question Members of the Executive and/or Committees and Corporate Directors about their views on issues and proposals affecting the area; and
(v) liaise with other external organisations operating in the area, whether national, regional, or local, to ensure that the interests of local people are enhanced by collaborative working. Scrutiny:
Overview and Scrutiny Committees may:
(i) review and scrutinise the decisions made by, and performance of, the Executive and/or Committees and Council Officers, both in relation to individual decisions and over time;
(ii) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets, and/or particular service areas;
(iii) question Members of the Executive and/or Committees and Corporate Directors about their decisions and performance, whether generally in comparison with Service Plans and targets over a period of time, or in relation to particular decisions, initiatives, or projects;
(iv) make recommendations to the Executive and/or appropriate Committees and/or Council arising from the outcome of the scrutiny process;
(v) review and scrutinise the performance of other public bodies in the area, and invite reports from them by requesting them to address the Overview and Scrutiny Committee and local people about their activities and performance; and
(vi) question and gather evidence from any person (with their consent). Finance:
Overview and Scrutiny Committees may exercise overall responsibility for the finances made available to them. The Scrutiny Management Board will
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determine the allocation of funding between the Overview and Scrutiny Committees. Annual Report:
The Scrutiny Management Board must report annually to full Council on the work of Overview and Scrutiny, and make recommendations for future work programmes and amended working methods if appropriate. Officers:
The Scrutiny Management Board shall exercise overall responsibility for the work programme of the Officers employed to support their work.
10. Reports from Overview and Scrutiny Advisory Boards
10.1 Once it has formed recommendations on proposals for development, an Advisory Board will prepare a formal report and, subject to the requirement to consult the Scrutiny Management Board, submit it to the Assistant Director - Corporate Governance for consideration by the Cabinet (if the proposals are consistent with the existing Budget and Policy Framework), or to the Council as appropriate (e.g. if the recommendation would require a departure from, or a change to, the agreed Budget and Policy Framework).
10.2 Each advisory board will normally seek to reach agreement by consensus, but if it cannot agree on one single final report to the Council or Cabinet, as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Cabinet with the majority report.
10.3 The Council or Cabinet shall consider the report of an Overview and Scrutiny Board within two months of it being submitted to the Assistant Director - Corporate Governance.
11. Making sure that Overview and Scrutiny Reports are considered by the Cabinet
11.1 Cabinet Reports of Overview and Scrutiny Boards referred to the Cabinet shall be considered Cabinet within two months of the Overview and Scrutiny Board completing its report/recommendations.
11.2 Once an Overview and Scrutiny Board has completed its deliberations on any matter, it will forward a copy of its final report to the Assistant Director - Corporate Governance who will allocate it to either or both the Cabinet and the Council for consideration, according to whether the contents of the report
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would have implications for the Council’s Budget and Policy Framework. If the Assistant Director - Corporate Governance refers the matter to Council, he/she will also serve a copy on the Leader, with notice that the matter is to be referred to Council. The Cabinet will have three weeks in which to respond to the Overview and Scrutiny report, and the Council shall not consider it within that period. When the Council does meet to consider any referral from an Overview and Scrutiny Board on a matter which would impact on the Budget and Policy Framework, it shall also consider the response of the Cabinet to the Overview and Scrutiny proposals.
11.3 Where the Cabinet proposes to adopt, or recommend adoption of, the recommendations of an Overview and Scrutiny Board, in whole or in part, it shall agree or submit to the Council for approval as appropriate an action plan for implementing the Board’s recommendations. The action plan shall set out clearly what action is proposed, who is responsible for implementation and the timescale within which the action(s) is/are to be taken. A copy of the Cabinet’s proposals will be sent to the Scrutiny Management Board for information.
11.4 It shall be the Cabinet’s responsibility to implement any action plan approved by them or adopted by the Council, but the Cabinet shall submit regular progress reports to the Scrutiny Management Board.
11.5 Overview and Scrutiny Boards will have access to the Cabinet’s Forward Plan and timetable for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from an Overview and Scrutiny Board following a consideration of possible policy/service developments, the Board will at least be able to respond in the course of the Cabinet’s consultation process in relation to any key decision.
12. Members and Officers giving account
12.1 Any Overview and Scrutiny Board may scrutinise and review decisions made, or actions taken, in connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the scrutiny role it may require any member of the Cabinet, the Head of Paid Service, Corporate Director or Assistant Director to attend before it to explain, in relation to matters within their remit:
(a) any particular decision or series of decisions;
(b) the extent to which the actions taken implement Council policy; and/or
(c) their performance;
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and it is the duty of those persons to attend if so required.
12.2 Where any member or officer is required to attend an Overview and Scrutiny Board under this provision, the Assistant Director - Corporate Governance, will inform the member or officer in writing, giving at least 14 working days’ notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account, and whether any papers are required to be produced for the Board. Where the account to be given to the Board will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.
12.3 Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Overview and Scrutiny Board shall, in consultation with the member or officer, arrange an alternative date for attendance.
12.4 Where someone requested to attend is genuinely unable to be at the meeting, then in the case of a Cabinet member, another Cabinet member nominated by the Leader shall attend in his or her place, and in the case of an officer, another officer who is able to speak on the topic under consideration shall attend. The Chair of a Scrutiny Board may seek the advice of the Council’s Monitoring Officer on whether the requirements of Rule 12.1 are met in the event of the member or officer requested giving notice that they are unable to attend.
12.5 Papers submitted by speakers shall become public documents once they have presented their evidence and shall be cited as background papers to the Scrutiny Board’s published report.
12.6 When officers appear to answer questions their evidence should, as far as possible, be confined to questions of fact and explanation relating to policies and decisions. Officers may be asked to explain and justify advice they have given to members of the Cabinet prior to decisions being taken, and they should also be asked to explain and justify decisions they themselves have taken under delegations from the Cabinet. Officers shall not be required to give personal opinion on any Cabinet decision taken following advice from officers.
12.7 All speakers will be treated with courtesy and respect, and all questions to witnesses will be made in an orderly manner as directed by the Chair of the meeting.
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13. Attendance by Others
13.1 An Overview and Scrutiny Board may invite people other than those people referred to in paragraph 12 above to address it, discuss issues of local concern, and/or answer questions. It may, for example, wish to hear from residents, stakeholders, and members and officers in partner organisations including those contributing to the Cumbria Agreement as well as other parts of the public sector.
14. Call-In
14.1 Overview and Scrutiny Boards should only use the power to refer matters to the Council in exceptional circumstances where members of the appropriate Overview and Scrutiny Board have evidence which suggests that the Cabinet did not take the decision in accordance with the principles set out in Part 2 of the Constitution.
14.2 When a decision is made by the Cabinet, or a Committee of the Cabinet, or a Local Committee, or under joint arrangements, or a key decision is made by an officer, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within three clear working days of being made. All Members of the Council will be sent copies of the records of all such decisions, within the same timescale, by the person responsible for publishing the decision.
14.3 The notice will include its date of publication and will specify that the decision will come into force, and may then be implemented, on the expiry of five working days after the publication of the decision, unless the decision is called in.
14.4 During that period, any three or more non-Cabinet members may notify the Assistant Director - Corporate Governance in writing that they wish to call in a decision for scrutiny. If a valid request to do so is received Cabinet the decision taker will be notified of the call-in. The Assistant Director - Corporate Governance will then call a meeting of the Scrutiny Management Board on such date as she may determine, where possible after consultation with the Chair of the Board. The call-in meeting shall normally be held within 14 working days of receipt of notification of the decision to call in but, exceptionally, following consultation with the call-in members, and provided the relevant Cabinet Member agrees that such delay would be reasonable in all the circumstances and would not prejudice the County Council’s interests, the call-in meeting may be held within 17 working days. If the Cabinet Member does not so agree, the meeting must take place within 14 working days.
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14.5 If, having considered the decision, the Scrutiny Management Board is still concerned about it, then it may refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns, or, if it considers the decision to be contrary to the Budget or Policy Framework, refer the matter to full Council (see paragraph 7 of the Budget and Policy Framework Procedure Rules in Part 12A of this Constitution). If referred to the decision maker, they shall then reconsider within a further 14 working days, or, exceptionally, such longer period not to exceed 17 working days, as may be agreed by the decision making person or the Chair of the decision making body. The decision maker shall then reconsider the decision, amending or not, before reaching a final decision.
14.6 If, following an objection to the decision, the Scrutiny Management Board does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the Overview and Scrutiny meeting, or the expiry of that further 14 working day period, whichever is the earlier.
14.7 If the matter was referred to full Council, and the Council does not object to a decision which has been made, then no further action is necessary, and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no locus to make decisions in respect of an Cabinet decision unless it is contrary to the Policy Framework, or contrary to, or not wholly consistent with, the Budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council's views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Cabinet as a whole, or a committee of it, a meeting will be convened to reconsider within 14 working days of the Council request. Where the decision was made by an individual, the individual will reconsider within 14 working days of the Council request.
14.8 If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting, or expiry of the period in which the Council meeting should have been held, whichever is the earlier.
14.9 The role of Scrutiny Boards in calling-in a decision before it is finalised, is:
• To test the merits of the decision.
• To consider the process by which the decision has been formulated.
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• To make recommendations (to support the decision, change aspects of the decision or to invite the decision making committee or body to re- consider).
• To suggest further steps before a decision is made (but not to try to carry out those steps in place of the decision making committee or body).
• To recommend to the decision making committee or body the matter be dealt with at full County Council, or to recommend directly to full County Council if the Committee believe the matter to be contrary to the Budget and Policy Framework.
• To come to a view in a relatively short time scale, so as not to compromise the speed and efficiency of the decision-making process.
14.10 The call-in mechanism is an important part of a short decision-making process, and is designed to test the merits of the decision and to ensure that members have an opportunity to recommend change or reconsideration or deferral. The call-in mechanism is not, therefore:
• a judicial or quasi-judicial process, or a public inquiry; • an extended examination of areas only remotely connected to the actual decision; • an open house for anyone to attend and make representations.
14.11 The three or more non-Cabinet members requesting the call-in shall submit their request in writing or by e-mail to the Assistant Director - Corporate Governance, and shall give reasons for requesting that the matter be called in to assist the Scrutiny Management Board in their deliberations. It is not sufficient for the call-in notice simply to state that the members concerned wish to test the merits of a decision. The notice shall specify more precisely which aspect or aspects of the decision the members wish to question or challenge. This is important because it will allow those summoned to the call-in meeting the opportunity to prepare adequately beforehand and to provide further information as necessary to clarify or explain the reasons for the decision. The members will make a joint written request, identifying a Lead Member. For the avoidance of doubt, a call-in request may be submitted by e-mail provided it is clear that the request has the support of three or more members.
14.12 The Assistant Director - Corporate Governance may rule that a call-in request is not valid only in the limited circumstances below:
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• That the call-in request has not been made within five working days of publication (or three days in relation to final decisions on school organisation proposals). • That the call-in request has not been made by at least three members. • That it is not clear which Cabinet decision is being called in. • That the decision is exempt from call-in on account of the urgency provisions.
Notwithstanding that members have properly exercised their right of call-in, the Assistant Director - Corporate Governance, in consultation with the Chair and the lead call-in member, should still give consideration following the call- in and prior to the meeting of the Scrutiny Management Board to determining the matter prior to, or without the need to hold, a meeting of the Board, e.g. by clarification of the decision or the provision of additional information. The timescale for the convening of a meeting should not be affected by such consideration.
14.13 Save in the circumstance in paragraph 14.12 above, a call-in may only be withdrawn with the agreement of the three members submitting the request in the first instance. If any or all of the members are not satisfied with the further clarification or information provided the call-in meeting must proceed.
14.14 The Assistant Director - Corporate Governance shall inform the call-in members and all the members of the Scrutiny Management Board of the call- in request and the Chair’s decision, and shall ensure that the matter which is the subject of the call-in is placed on the agenda for the next meeting of the relevant decision-making body. Notwithstanding the Chair’s decision, nothing in this paragraph shall prevent the decision-making body’s further decision being called in, and any call-in shall also be subject to the provisions of the Constitution regarding call in.
14.15 A decision can only be called in once. If, however, the Cabinet substantially amends the original proposal in a way which the Scrutiny Management Board has not considered nor could reasonably have foreseen, to the extent that in reality it is a different decision, the Board has the right to call it in again.
Call-in: Advice to the Chair of the Scrutiny Management Board before the meeting of the Scrutiny Board to consider a call-in
14.16 Subject always to the views of the Scrutiny Management Board, the Chair of the Board shall undertake preliminary enquiries and/or consultations before the meeting in order to:
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(1) clarify the matters to be examined by the Board;
(2) consider the recorded views of those who have already been consulted or involved before the decision was taken;
(3) form an opinion as to what further papers, if any, should be made available to the Board;
(4) decide who should be invited to explain the decision.
14.17 There is an expectation that the Chair of the Scrutiny Management Board will in most circumstances meet the lead call-in member and the Cabinet Member with appropriate officers before the meeting and come to a view on the matters above. This is to ensure that so far as possible any areas of disagreement are discussed fully beforehand and valuable time is not spent at the meeting itself on matters of process and procedure. Where such prior discussion does not result in agreement between the Chair, the lead call-in member and the Cabinet Member the Chair will propose a course of action to the Board for them to consider and decide the way forward.
Call-in: Arrangements for the Scrutiny Management Board
14.18 The representative of the Assistant Director - Corporate Governance will confirm attendance and the arrangements with those invited to attend. Where a decision of the Cabinet or a local committee has been called in, it will be the responsibility of the relevant Cabinet Member or the Chair or Vice- Chair of the Local Committee as appropriate to attend the Scrutiny Management Board to explain the reasons for the decision. The relevant Corporate Director (or the lead one, if two or more are involved) will be responsible for co-ordinating officers to explain the advice given to the Cabinet or the Local Committee and to provide further background information.
14.19 Papers will be despatched as soon as possible with notice of the date and time when the matter is to be considered. Democratic Services will attempt to despatch the detailed decision and supporting papers within one working day after notification from the Assistant Director - Corporate Governance of his decision to call-in the proposal, in order to give members of the Board the maximum amount of time to read the papers. In any event an agenda with a full set of papers will be despatched no less than five working days before the meeting.
14.20 The agenda should include:
• The proposal and supporting papers submitted to the decision-taker (normally as the first substantive item on the Committee’s agenda).
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• A list of background papers to the proposal. • The minute of the decision. • The request for the call-in. • The reasons given by the requestors for the call-in. • Any other papers that the members requesting the call-in identify. Background papers listed in the report to the decision-taker will not routinely be included in the agenda unless those members, or the Chair, so request. • The issues indicated to the decision making committee or body to be considered, unless those have not been decided by the time the agenda is despatched, in which case a supplementary note will be sent out as soon as possible and will be read out at the beginning of the meeting. (N.B. The Board will not be restricted to this list of issues, but care will need to be taken at the meeting in allowing other matters to be raised, if there is a likelihood that further work will be needed). An indication as to whether further papers are likely (e.g. from the Cabinet member or third party), although the presumption should be that all the relevant information was included in the Forward Plan and at the time the proposal was considered, that consultation procedures had been properly carried out and that third party views were properly summarised in the papers submitted to the Cabinet. • The persons to be invited to attend to answer questions on the issues before the Board and the order in which they will appear.
14.21 If, in exceptional circumstances, late papers become available after the normal agenda despatch date, they must be made available to all members of the Board as far in advance of the meeting as possible. Where papers become available on the day of the meeting, the Board will decide whether to accept them and, if they do accept them, whether to adjourn to read them.
14.22 Any other issues concerning the conduct of the meeting arising between the date of the call-in and the date of the Scrutiny Management Board will be dealt with by the Chair of the Board in consultation with the Lead Member requesting the call-in, with any necessary officer advice/support.
Call-in: The Meeting
14.23 The Chair or members of the Board may feel that it is appropriate to meet informally before the meeting. In those circumstances the Chair will ask the Assistant Director - Corporate Governance to notify all members of the Board that there will be an informal meeting at least thirty minutes before the
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meeting. With the Scrutiny Officer and the representatives of the Assistant Director - Corporate Governance present, members will:
• read any last minute papers; • consider the identified and any other relevant issues; • consider how sensitive issues should be managed, and how any issues not originally identified, might be handled; • receive a report from the Chair on any issues concerning the conduct of the meeting on which he/she has taken a view; • consider the questions to be asked of witnesses.
The purpose of the pre-meeting is purely to discuss and arrange procedural matters, not to discuss the merits of the issue.
14.24 The Board meeting should start promptly at the publicised time.
14.25 The chair shall allow the three call-in members a maximum period of 15 minutes in total to present their arguments, which may be extended at the Chair’s discretion. How the 15 minutes (or any extension) is allocated between the three members is a matter for the lead call-in member to determine. He/she may speak for the whole period recognising that the other call-in members will not then have the opportunity to make any contribution at this stage of the meeting.
14.26 The presumption should be that the meeting and all papers submitted to the Board should be open to the press and public. It may be necessary however to exclude the press and public to deal with “exempt” or confidential matters. This may be important not only on the day, to stop the disclosure to the press and public of exempt material (such as advice affecting the County Council’s legal position, the commercial affairs of another body, or sensitive information about individual members of staff) but also to stop subsequent access to files on such matters. The time spent in private session should be kept to a minimum. Similarly exempt material in reports should be organised if possible into an appendix, so that the rest of the report can be available to the press and public.
14.27 Even though the press and public may have to be excluded, however, it does not necessarily follow that all those invited to attend would also have to be excluded. The presumption should be that they should all be allowed to remain, to ensure the transparency of the process carried out in confidential session. Exceptionally it may be necessary to invite parties to advise the Scrutiny Management Board one at a time, without the presence of others who have also been invited, if that is the only way in which the confidentiality
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of the material can be properly protected. That will usually mean officers who have advised the decision-making committee or body on this issue remaining to answer questions from the Board on that advice, in the absence of other parties. It will be important however:
(i) for this to be carefully explained to others, preferably in public before the resolution to exclude the press and public is passed;
(ii) to limit the scope of that advice strictly to the confidential material, and not to allow it to range into advice on the general merits of the issue when others could properly have been allowed to be present.
14.28 Normally, the Board should be able to articulate its view in public, with the assistance of the representative of the Assistant Director - Corporate Governance who is clerking the meeting. Exceptionally, however, members may wish an opportunity to pause to review papers and what they have heard. It will be quite proper in those circumstances to adjourn. It will be important to explain carefully the reasons for the adjournment in public and that no one will be given an unfair advantage. If during that time members of a Board wish to reconsider or clarify any point, then (subject to the points above on Part II material) the Board should reconvene in public or (if in Part II) with everyone present who has been invited to attend.
14.29 During an adjournment the Board may wish to have assistance in articulating their view for announcement in public. If so, they should invite the representative of the Assistant Director - Corporate Governance to assist in that process.
Call-in: The Scrutiny Management Board’s View, Recommendations to the Cabinet, or to County Council
14.30 It will be important for the Scrutiny Management Board to balance the need on the one hand for decisions not to be unreasonably delayed and, on the other, for matters called-in to be properly discussed and debated. Normally consideration of a call-in will be dealt with at a single meeting but, exceptionally, there may be circumstances where this is not possible. If the Board agrees that further investigation or information is required, the Cabinet may agree to extend the time in which a final view may be expressed if, in their opinion, delay would not be prejudicial to the County Council’s interests.
14.31 Where the Scrutiny Management Board refers a matter back to Cabinet for further consideration, and the Cabinet reaffirms its original decision, the Cabinet shall give reasons to the Board for its decision. The giving of reasons shall not be a ground for the Scrutiny Management Board to refer the matter back to Cabinet again, either because the Board disagrees with
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those reasons, seeks further clarification of the decision, or for any other reason.
EXCEPTIONS
14.32 The power to call-in should not be abused nor cause unreasonable delay. A small number of limitations have therefore been agreed on its use. These are:
(i) Any three non Cabinet members are needed for a decision to be called in.
(ii) The call-in procedure shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public, shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chair of the relevant Overview and Scrutiny Board must agree both that the decision proposed is reasonable in all the circumstances, and to it being treated as a matter of urgency. In the absence of the Chair of that Board, the consent of the Chair or Vice-Chair of Council shall be required. In the absence of both, the Head of Paid Service or his/her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
(iii) The call-in timescales have been shortened for final decisions in relation to school organisation matters only, that is the stage at which the Cabinet considers representations made following publication of a statutory notice setting out the Council’s proposals and makes a final decision as to whether to implement the proposals. The timescales have been shortened specifically to ensure that the Council is able to take this final decision within the two month statutory timescale. The normal timescales continue to apply to the consideration of school organisation matters at earlier stages. For the final decision only therefore the timescales are:
(a) the Cabinet’s decision notice or minute be issued to all members no later than three working days after the Cabinet’s meeting;
(b) the period during which the decision may be called in be three working days after the issue of the decision notice or minute;
(c) a Scrutiny Management Board meeting convened to consider the
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call-in of the decision be held within seven working days of the receipt of the call-in notice;
(d) where the Scrutiny Management Board refers the decision back to the Cabinet for further consideration the Cabinet’s meeting be held within a further seven working days.
15. Councillor Call for Action
15.1 Members have the right to call for debate and discussion at a Board on a topic of neighbourhood concern. This power is known as the Councillor Call for Action (CCfA) and is limited to issues affecting single council divisions.
15.2 Members have a right to refer a local government matter not just to the scrutiny committee of their authority, but in the case of a two-tier area like Cumbria, to the committees of the relevant district/borough or County overview and scrutiny committee, irrespective of whether they are a member of that authority.
15.3 CCfA is designed to sit alongside existing member channels for resolving local issues. However, before an issue of concern can be submitted to a scrutiny board certain criteria have to be met which ensures that existing channels for resolution have been fully tested. These criteria are set out in a joint County/District Protocol for Cumbria.
16. The Party Whip
16.1 Definition: “Any instruction given by, or on behalf of, a Political Group to any councillor who is a member of that Group as to how that councillor shall speak or vote on any matter before the Council or any Committee or Board, or the application or threat to apply any sanction by the Group in respect of that councillor should he/she speak or vote in any particular manner”.
16.2 When considering any matter in respect of which a member of an Overview and Scrutiny Board is subject to a Party Whip, the member must declare the existence of the Whip, and the nature of it, before the commencement of the Board’s deliberations on the matter. The declaration, and the detail of the whipping arrangements, shall be recorded in the minutes of the meeting.
17. Procedure at Overview and Scrutiny Board Meetings
17.1 Overview and Scrutiny Board shall consider the following business:
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(a) Minutes of the last meeting;
(b) declarations of interest;
(c) consideration of any matter referred to the Board for a decision in relation to call-in of a decision;
(d) responses of the Cabinet to reports of the Overview and Scrutiny Board; and
(e) the business otherwise set out on the agenda for the meeting.
17.2 Where the Overview and Scrutiny Board conducts investigations (e.g. with a view to policy development), the Board may also ask people to attend to give evidence at Board meetings which are to be conducted in accordance with the following principles:
(a) that the investigation be conducted fairly, and all members of the Board be given the opportunity to ask questions of attendees, and to contribute and speak;
(b) that those assisting the Board by giving evidence be treated with respect and courtesy; and
(c) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.
17.3 Following any investigation or review, the Board shall prepare a report, for submission to the Cabinet and/or Council as appropriate, and shall make its report and findings public.
17.4 Cabinet Members should not attend meetings of Scrutiny as participants as a matter of course, but may request the Chair of the Scrutiny Board to allow them to attend and speak on a particular item; the final decision rests with the Chair of the Scrutiny Board.
18 . Matters within the remit of more than one Overview and Scrutiny Advisory Board
18.1 Where a matter for consideration by an Overview and Scrutiny Board also falls within the remit of one or more other Overview and Scrutiny Advisory Boards, the decision as to which Board will consider it will be decided by the Scrutiny Management Board.
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19. Terms of Reference for Overview and Scrutiny Boards
Committee/ Panel Scope
Scrutiny Functions Management The Scrutiny Management Board has strategic responsibility for Board the Overview and Scrutiny function. The Board has overall responsibility for the direction and management of Overview and Scrutiny so as to ensure that non-executive members make an effective contribution to the improvement and development of Council and other public services for the benefit of the people of Cumbria. Within this context the Board has the following specific responsibilities: (1) to oversee and manage the Council’s scrutiny process; (2) to take an overview of use of resources, policy development and performance; (3) to have responsibility to approve one overall scrutiny work programme (except for the Health Scrutiny Committee); (4) to monitor the County Council’s Forward Plan of Key Decisions; (5) to have overall responsibility for the commissioning of task and finish work (except for joint scrutiny committees and the Health Scrutiny Committee);
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Scrutiny (6) to undertake regular dialogue at Scrutiny Management Management Board meetings with corporate directors and cabinet Board members; (7) to consider scrutiny referrals from county councillors, local committees and other sources at service and community level; (8) to oversee the co-ordination of scrutiny members learning and development; (9) to undertake quality control of scrutiny procedures including outputs and added value; (10) to consider any Councillor Calls for Action which do not fall within the terms of reference of one of the Scrutiny Advisory Boards; ((11) to consider any call-in of a decision made by the Cabinet, or a Committee of the Cabinet, or a Local Committee, or under joint arrangements, or a key decision made by a Corporate Director.
Membership
See paragraphs 2.2-2.3
Children and All the powers and duties of the County Council relating to Young People’s children and young people. Scrutiny Advisory Board Membership
Between 11 and 13 members, excluding members of the Cabinet. The Scrutiny Advisory Board for Children and Young People shall include in its membership the following voting representatives:
(a) Church of England diocese representative (1);
(b) Roman Catholic diocese representative (1); and
Parent Governor representatives (3). If the Scrutiny Advisory Board deals with other than Education matters, these representatives shall not vote on those other matters, though they may stay in the meeting and speak.
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Adults Scrutiny All the powers and duties of the County Council relating to adults. Advisory Board Membership
Between 11 and 13 members, excluding members of the Cabinet
Communities and All the powers and duties of the County Council relating to Place Scrutiny safer/stronger and inclusive communities and planning, highways, Advisory Board the environment and economic regeneration.
Membership
Between 11 and 13 members, excluding members of the Cabinet
Cumbria Health • To discharge the functions conferred by Section 21(f) of the Scrutiny Local Government Act 2000 of reviewing and scrutinising, in Committee accordance with regulations under Section 224 of the National Health Service Act 2006, matters relating to the planning, provision and operation of health services in Cumbria. • To make reports and recommendations on matters relating to the health service in Cumbria to local NHS bodies and to the Council (including the health and wellbeing of Cumbria’s population). • To act as consultee as required by the relevant regulations in respect of those matters on which local NHS bodies must consult the Committee. • To report annually on its work to the County Council and all the district councils. • To consider and respond to referrals from the Cumbria Health Watch on health matters under the Local Government and Public Involvement in Health Act 2007 as amended by the Social Care Act 2012. Membership See Paragraph 20. Cumbria and Lancashire Joint Overall function of the Joint Committee Health Scrutiny Committee To discharge the health scrutiny functions of Cumbria and Lancashire County Councils in relation to any proposals made by the University Hospitals of Morecambe Bay NHS FT (UHMBT) regarding any cross boundary substantial variations in service
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provision as they arise.
Specific functions and powers of the Joint Committee
Taking account of the Department of Health Guidance on Health Overview and Scrutiny:
1. To scrutinise proposals of UHMBT regarding any cross boundary substantial variations in services, including their evidence base.
2. To ensure that the evidence and views of service users, carers and public interests have been considered in the proposals.
3. To consult with, and take evidence from witnesses as appropriate.
4. To prepare, agree and publish the findings of the Joint Committee, setting out the evidence examined and any recommendations considered appropriate. This report will be taken to each of the main Cumbria and Lancashire Health Overview and Scrutiny Committees for information.
Membership
The Joint Committee shall consist of 8 members, of whom:
• 4 shall be elected representatives on the Cumbria Health Scrutiny Committee
o of these 1 shall be the South Lakeland District Councillor representative on the Cumbria Health Scrutiny Committee
o 1 shall be the Barrow Borough Councillor representative on the Cumbria Health Scrutiny Committee
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• 4 shall be elected representatives of Lancashire County Council
o Of these at least one shall be a County Councillor representing a division in the Lancaster City Council area o Chair and Vice Chair
The Committee shall elect its own chair and vice chair.
Voting
Each of the eight representatives on the Committee shall have equal voting rights.
Substitutes
Substitution shall be permitted according to the arrangements in force within the Cumbria County Council (for Cumbria members) and Lancashire County Council (for Lancashire members).
Quorum
A quorum shall comprise 3 members of the Joint Committee, of whom at least one shall be from the Cumbria Scrutiny Committee and one from Lancashire County Council.
Frequency of meetings
The Joint Committee shall meet in public on an ad hoc basis to consider substantial variations in service provision as they occur, the frequency of which shall be agreed by members of the Joint Committee. On conclusion of the review the Joint Committee shall cease to meet. It will be reinstated as and when further cross boundary substantial variations in service are being proposed.
Referral to the Secretary of State
In the case of contested NHS proposals for substantial service changes or any NHS proposal which the Joint Committee feels
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has been the subject of inadequate consultation, by majority agreement, the Joint Committee to have delegated authority to directly refer the matter to the relevant Secretary of State.
That in relation to the function described above, any Joint Committee decision on whether or not a referral should be made to the relevant Secretary of State is not required to be approved by the individual Overview and Scrutiny Committees at those local authorities that may be directly affected by the decision. However the Joint Committee’s power of referral does not remove, supersede or negate the power and authority of each individual Overview and Scrutiny Committee to make a referral to the Secretary to State should they wish to do so.
Support
Administrative and research support will be provided by the Scrutiny Units of Cumbria and Lancashire County Councils, working together.
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20. Cumbria Health Scrutiny Committee
20.1 The Committee is an Overview and Scrutiny Committee appointed by the Council but which includes a co-opted Scrutiny member from each District Council in Cumbria.
20.2 The County Council will appoint:-
• Seven members from the County Council. (Each political group to name a pool of additional members, any of whom may substitute for an appointed member from the same group. The number of members in the pool to be twice the number of that group’s proportional allocation of members on the Committee).
• Six District Council members, one co-opted from each District Council in Cumbria. (Each District Council to nominate one of its members for appointment and name two other members, either of whom may act as a substitute for the appointed member).
20.3 All the above appointed members or a member substituting for an appointed member at a meeting shall be entitled to vote. No member may act as a substitute unless he/she has been named in accordance with the above arrangements.
20.4 The Committee shall be entitled to co-opt non-members as non-voting co- optees as it thinks fit for a particular matter that is subject to scrutiny.
20.5 The Chair shall be drawn from the County Council members and shall be elected annually only by those members appointed by the County Council.
20.6 The Vice-Chair shall be drawn from the District Council members and shall be elected annually only by those members appointed by the district councils.
20.7 Nothing in Rules 20.5 or 20.6 above shall prevent the election of a Chair for a meeting by all members present in the absence of the Chair and Vice-Chair.
20.8 The Committee may appoint one or more sub-committees of County and District members and may arrange for the discharge of its functions by any such Sub-Committee, provided that the scope of the Sub-Committee’s remit is clearly defined. This may be appropriate for single issues affecting the County as a whole or a more local issue affecting only a part of the County. In any such case the Committee will require a report from the Sub- Committee at the conclusion of its work. The Committee will determine the
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appropriateness and extent of co-option of non-local authority members to Sub-Committees when it defines the Sub-Committee’s remit.
20.9 The Committee may set up task and finish groups.
20.10 The arrangements as to voting and chairmanship that apply to the main Committee shall apply to any Sub-Committee. Potential substitute members named for the purpose of the main Committee may substitute for an appointed member of any Sub-Committee.
20.11 The Overview and Scrutiny Procedure Rules shall apply to the work of the Committee with any necessary amendments.
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Page 70 Appendix 2
Part 4: Overview and Scrutiny Procedure Rules
1. The number and arrangements for Overview and Scrutiny Boards
Guiding Principle 1.1 Overview and Scrutiny should involve constructive criticism with the aim of improving decision-making. Although some work (particularly call-in) could potentially be adversarial in a political environment, the emphasis should be on making a positive contribution to the development of policy and performance.
1.2 Overview and Scrutiny will review Cabinet decisions through the “call-in” mechanism, but importantly, it will also assist in the development of policy by looking at existing policies and their effectiveness, and reviewing whether new policies or changes to existing policies are needed.
Overview and Scrutiny Advisory Boards
1.3 The Council has a number of Scrutiny advisory boards (set out in section 15) and a Health Scrutiny Committee. The boards may, appoint sub-committees, but will normally work through “task and finish groups” – (see paragraph 4 & 9 for more information).
1.4 The Scrutiny Management Board has overall responsibility for the direction and management of Overview and Scrutiny. The Board’s terms of reference are set out in paragraph 15
Matters within the remit of more than one Overview and Scrutiny Advisory Board
1.5 Where a matter falls within the remit of one or more Overview and Scrutiny Advisory Boards, the decision as to which Board will consider it will be decided by the Scrutiny Management Board.
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71 Officer Support
1.6 Officers of the County Council owe a duty to support and advise all members. Although, most of the day to day work of corporate directors will be advising members of the Cabinet, this does not reduce the importance of their work for Overview and Scrutiny. This means that:
there is a presumption that corporate directors who have been asked to prepare papers for Scrutiny should brief the Chair before the meeting unless he/ she is to be questioned on their advice on a matter which has been called in; and
work on issues referred to Scrutiny by the Cabinet should be supported by the relevant corporate director.
A nominated officer will be available to support the scrutiny role from a service perspective.
Papers should be produced for the Scrutiny Committee, with the early involvement of the Chair and Vice-Chair.
Dedicated capacity to support the Scrutiny function will be provided by the Policy and Scrutiny team.
2 Policy Review, Policy Development and Scrutiny
2.1 Overview and Scrutiny’s role in the development of the Council’s Budget and Policy Framework is set out in the Budget and Policy Framework Procedure Rules (see Part 12A)
2.2 Three of the key roles for Scrutiny are policy review, policy development and scrutiny. In relation to these Overview and Scrutiny Boards may :
review and scrutinise the decisions and performance of the Executive and/or Committees and Council Officers, both in relation to individual decisions and over time;
assist the Council and the Executive in the development of its Budget and Policy Framework by in-depth analysis of policy issues;
conduct research, community and other consultation in the analysis of policy issues and possible options;
review and scrutinise the performance of the Council in relation to its policy objectives, performance targets, and/or particular service areas;
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72 question Members of the Executive and/or Committees and Corporate Directors about their decisions and performance, whether generally in comparison with Service Plans and targets over a period of time, or in relation to particular decisions, initiatives, or projects;
review and scrutinise the performance of other public bodies in the area, and invite reports from them by requesting them to address the Overview and Scrutiny Committee and local people about their activities and performance
make recommendations to the Executive and/or appropriate Committees and/or Council arising from the outcome of the scrutiny process;
2.3 Providing the necessary budget is available, Overview & Scrutiny Boards may hold inquiries and investigate options for future policy development including:
the appointment of advisors to assist the process
undertaking site visits
conducting public surveys or holding public meetings
commissioning research or interview witnesses
any other matter which can reasonably assist their deliberations
pay any reasonable expenses to witnesses or and users
3. Membership of Overview and Scrutiny Boards
3.1 All councillors, (except members of the Cabinet), may be members of an Overview and Scrutiny Board or task and finish group. However, no member may be involved in scrutinising a decision in which he/she has been directly involved.
3.2 The Scrutiny Management Board shall comprise between 11 and 14 non- executive members, including the chairs and vice-chairs of the three Scrutiny Advisory Boards and the Chair of the Cumbria Health Scrutiny Committee. Substitutes are not permitted.
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73 4. Chairs of Overview and Scrutiny Advisory Boards and Task and Finish Groups
4.1 Chairs and Vice-Chairs of Scrutiny Advisory Boards will be drawn from among the members sitting on the Advisory Board, and will be appointed by the County Council in accordance with Council Procedure Rule 1.3.2. No member receiving Special Responsibility Allowance for a function may chair an Advisory Board or Task and Finish Group dealing with that function.
5 Meetings of the Scrutiny Management Board and the Overview and Scrutiny Advisory Boards
5.1 Scrutiny Management Board will normally meet bi-monthly.
5.2 There will normally be four ordinary meetings of Scrutiny Advisory Boards in each year. Extraordinary meetings may be called from time to time. A meeting of the Management Board or of one of the Advisory Boards may be called by the relevant chair, by any five members of the Board or by the Corporate Director – Resources if he/she considers it necessary or appropriate.
The Party Whip
5.3 If a member of an Overview and Scrutiny Board is subject to a Party Whip, the member must declare the existence of the Whip, and the nature of it, before the commencement of the Board’s deliberations on the matter. The declaration, and the detail of the whipping arrangements, shall be recorded in the minutes of the meeting.
6. Procedure at Overview and Scrutiny Board Meetings
6.1 Overview and Scrutiny Board shall consider the following business:
(a) Minutes of the last meeting;
(b) declarations of interest;
(c) consideration of any matter referred to the Board for a decision in relation to call-in of a decision;
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74 (d) responses of the Cabinet to reports of the Overview and Scrutiny Board; and
(e) any other business set out on the agenda for the meeting.
6.2 Where the Overview and Scrutiny Board conducts investigations (e.g. with a view to policy development), the Board may also ask people to attend to give evidence at Board meetings which are to be conducted in accordance with the following principles:
(a) that the investigation be conducted fairly, and all members of the Board be given the opportunity to ask questions of attendees, and to contribute and speak;
(b) that those giving evidence be treated with respect and courtesy; and
(c) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.
6.3 Following any investigation or review, the Board shall prepare a report, for submission to the Cabinet and/or Council as appropriate, and shall make its report and findings public.
6.4 Cabinet Members should not attend meetings of Scrutiny as participants as a matter of course, but may request the Chair of the Scrutiny Board to allow them to attend and speak on a particular item; the final decision rests with the Chair of the Scrutiny Board.
7 Work Programme
7.1 Scrutiny Advisory Boards will be responsible for contributing to one overall Scrutiny work programme, which should also take into account the wishes of members on that Committee who are not members of the largest political group on the Council.
Annual Report:
7.2 The Scrutiny Management Board must report annually to full Council on the work of Overview and Scrutiny, and make recommendations for future work programmes and amended working methods if appropriate
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75 8. Agenda Items
8.1 Any member of a Scrutiny Board, or any five members of the Council who are not members of a Scrutiny Board, has a right to ensure that any item relevant to the Scrutiny Board is placed on the agenda and discussed at a meeting of the relevant Board. This right should be used in a constructive way and not to challenge a decision properly taken (for example, to repeat a debate carried out at a previous meeting within the last six months) or as a means for a member to obtain information for which other methods are available.
8.2 Any member wishing to have an item included on an agenda must give notice of the item to the Assistant Director – Corporate Governance not later than 10 working days before the date of the next scheduled ordinary meeting. Specifying the key issues and the purpose and object of bringing the matter before the committee. The requirement 10 days’ notice may be waived in exceptional circumstances where an item is urgent.
8.3 The Assistant Director – Corporate Governance will consult the relevant Chair who will determine which meeting the item should be considered at having regard to the weight of business, the Board’s agreed programme of work and the urgency and importance of the item brought forward by the member. In determining the importance and urgency of the item the Chair shall have regard to the views of the member and to such factors as:
whether the item relates to a significant variation to the Council’s budget;
whether the item involves a significant departure from or change to the Council’s Policy Framework;
whether the item involves any significant propriety or probity issues;
whether, because of the urgent nature of the business, including any deadlines for decisions or action, consideration cannot be deferred to a future meeting;
whether the item relates to an Education matter in respect of which Education representatives will be required to attend the meeting.
8.4 The item may not be deferred for longer than one scheduled meeting after receipt of the item by the Assistant Director – Corporate Governance.
8.5 The relevant Chair may reject items which are not relevant to the specific functions of Scrutiny.. In particular items which seek to debate rather than to review or scrutinise the decisions or performance of the Cabinet, committees
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76 or officers or which supplant the statutory and constitutional management role of the Cabinet or seek to obtain information may be rejected. In the latter case the member will be referred to the appropriate member of the Cabinet, Corporate Director or Proper Officer. Where items are rejected under this process the Chair shall report the matter to the next meeting of the Scrutiny Board.
8.6 Members requesting that items be placed on a Scrutiny agenda do not have a right to request the preparation of detailed reports by officers. However the relevant Scrutiny Board does have the right to request the provision of information or reports to enable the item to be properly considered.
8.7 These provisions shall apply equally to notice seeking the inclusion of items received from five members of the Council who are not members of Scrutiny as they apply to such notice received from a member of a Board.
8.8 Each advisory board will normally seek to reach agreement by consensus, but if it cannot agree on one single final report to the Council or Cabinet, as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Cabinet with the majority report.
8.9 The Council or Cabinet shall consider the report of an Overview and Scrutiny Board within two months of it being submitted to the Assistant Director - Corporate Governance.
9. Overview and Scrutiny Task and Finish Groups
9.1 Task and Finish Groups are key to enabling Overview and Scrutiny to make a positive contribution to the development and review of policy.
9.2 Task and Finish Groups are member groups set up for a specific and time limited purpose. Each advisory board will develop a work programme subject to approval by Scrutiny Management Board
9.3 The following key points shall apply to the Group:-
Any member of the Council can serve on a Group, except a Cabinet Member. Substitutes are not permitted.
The membership of a task group is not required to be politically proportionate, but will normally be multi-party and include at least one member from the commissioning Advisory Board.
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77 Normally the Group will consist of a minimum of 3 and a maximum of 5 members, except in exceptional circumstances, the Chair and Vice-Chair of the parent Scrutiny Board may agree additional membership
If a task group is oversubscribed the Scrutiny team will summarise:
Members’ interest/experience in the subject. The geographical spread of members interested in participating. The number of reviews members have previously taken part in. The political group the member represents.
The Chair of the parent Scrutiny Board will review this, in consultation with the Chair and Vice-Chair of the Scrutiny Management Board, and will select a balanced task group of 3–5 members.
The Chair of a task and finish group will be appointed by the task group members.
The Group is not a formal sub-committee, and can advise and recommend but not make decisions.
The Group will have clear objectives and terms of reference for a specific time-limited scrutiny review. The Group’s work will be supported by a detailed project plan which has been approved by the Scrutiny Management Board.
The work undertaken will form part of a programme approved by the Scrutiny Management Board.
The Group can meet in private and informally.
The Group’s completed draft final report shall be approved b Scrutiny Management Board before it goes to the Cabinet for consideration, except in cases of urgency where draft final reports can be considered by the appropriate Advisory Board Chair and Chair/Vice Chair of SMB outside the scheduled Board meetings
The completed draft report of a task and finish group set up by the Health Scrutiny Committee shall be approved by that Committee.
At Cabinet, the Group’s report will be presented by the Chair of the Task Group or the Chair of the relevant advisory board.
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78 The relevant advisory board, will receive monitoring reports on the implementation of any proposals agreed by the Cabinet.
The normal access to information rules will apply to the Group’s report.
10. Making sure that Overview and Scrutiny Reports are considered by the Cabinet
10.1 Overview and Scrutiny Board Reports referred to the Cabinet will be considered within two months of the Overview and Scrutiny Board completing its report/recommendations.
10.2 Once an Overview and Scrutiny Board has completed its deliberations on any matter, it will forward a copy of its final report to the Assistant Director - Corporate Governance who will allocate it to either or both the Cabinet and the Council for consideration, according to whether the contents of the report would have implications for the Council’s Budget and Policy Framework. If the Assistant Director - Corporate Governance refers an Overview & Scrutiny Board report to Council, he/she will also serve a copy on the Leader, with notice that the matter is to be referred to Council. The Cabinet will have three weeks in which to respond to the Overview and Scrutiny report, and the Council will not consider it within that period. When the Council does meet to consider any referral from an Overview and Scrutiny Board on a matter which would impact on the Budget and Policy Framework, it shall also consider the response of the Cabinet to the Overview and Scrutiny proposals.
10.3 Where the Cabinet proposes to adopt, or recommend adoption of, the recommendations of an Overview and Scrutiny Board, in whole or in part, it shall agree or submit to the Council for approval an action plan for implementing the Board’s recommendations. The action plan shall set out clearly what action is proposed, who is responsible for implementation and the timescale within which the action(s) is/are to be taken. A copy of the Cabinet’s proposals will be sent to the Scrutiny Management Board for information.
10.4 It shall be the Cabinet’s responsibility to implement any action plan approved by them or adopted by the Council, but the Cabinet will submit regular progress reports to the Scrutiny Management Board.
10.5 Overview and Scrutiny Boards will have access to the Cabinet’s Forward Plan and timetable for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from an Overview and Scrutiny
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79 Board following a consideration of possible policy/service developments, the Board will at least be able to respond in the course of the Cabinet’s consultation process in relation to any key decision.
11. Members and Officers giving account
11.1 Any Overview and Scrutiny Board may scrutinise and review decisions made, or actions taken, in connection with the discharge of any Council functions. As well as reviewing documentation, it may require any member of the Cabinet, the Head of Paid Service, Corporate Director or Assistant Director to attend before it to explain, in relation to matters within their remit:
(a) any particular decision or series of decisions;
(b) the extent to which the actions taken implement Council policy; and/or
(c) their performance;
and it is the duty of those persons to attend if so required.
11.2 Where any member or officer is required to attend an Overview and Scrutiny Board under this provision, the Assistant Director - Corporate Governance, will inform the member or officer in writing, giving at least 14 working days’ notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend, and whether any papers are required to be produced for the Board. Where the matter would require the production of a report, then the member or officer concerned will be given sufficient notice to allow for its preparation.
11.3 If, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Overview and Scrutiny Board will, in consultation with the member or officer, arrange an alternative date for attendance.
11.4 Where someone requested to attend is genuinely unable to be at the meeting and an alternative date is not practicable, then in the case of a Cabinet member, another Cabinet member nominated by the Leader shall attend in his or her place, and in the case of an officer, another officer who is able to speak on the topic under consideration shall attend. The Chair of a Scrutiny Board may seek the advice of the Council’s Monitoring Officer on whether the requirements of Rule 11.1 are met in the event of the member or officer requested giving notice that they are unable to attend.
11.5 Papers submitted by speakers will become public documents once they have presented their evidence and shall be cited as background papers to the Scrutiny Board’s published report.
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80 11.6 When officers appear to answer questions their evidence should, as far as possible, be confined to questions of fact and explanation relating to policies and decisions. Officers may be asked to explain and justify advice they have given to members of the Cabinet prior to decisions being taken, and they should also be asked to explain and justify decisions they themselves have taken under delegations from the Cabinet. Officers shall not be required to give personal opinion on any Cabinet decision taken following advice from officers.
11.7 All speakers will be treated with courtesy and respect, and all questions to witnesses will be made in an orderly manner as directed by the Chair of the meeting.
12. Attendance by Others
12.1 An Overview and Scrutiny Board may invite people other than those people referred to in paragraph 11 above to address it, discuss issues of local concern, and/or answer questions. It may, for example, wish to hear from residents, stakeholders, and members and officers in partner organisations as well as other parts of the public sector. Any such individual cannot however, be required to attend a meeting.
13. Call-In
13.1 Overview and Scrutiny should only use the power to refer matters to the Council in exceptional circumstances where members of the appropriate Scrutiny Management Board have evidence which suggests that the Cabinet did not take the decision in accordance with the principles set out in Part 2 of the Constitution.
13.2 When a decision is made by the Cabinet, or a Local Committee, or under joint arrangements, or a key decision is made by an officer, the decision shall be published, and shall be available at the main offices of the Council normally within three clear working days of being made. All Members of the Council will be sent copies of the records of all such decisions, by the person responsible for publishing the decision.
13.3 The notice will include its date of publication and will specify that the decision will come into force, and may then be implemented, on the expiry of five working days after the publication of the decision, unless the decision is called in.
13.4 During that period, any three or more non-Cabinet members may notify the Assistant Director - Corporate Governance in writing that they wish to call in a
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81 decision for scrutiny. If a valid request to do so is received Cabinet and the decision taker will be notified of the call-in. The Assistant Director - Corporate Governance will then call a meeting of the Scrutiny Management Board where possible after consultation with the Chair of the Board. The call-in meeting shall normally be held within 14 working days of receipt of notification of the decision to call in (but, exceptionally, following consultation with the call-in members, and provided the relevant Cabinet Member agrees that such delay would be reasonable in all the circumstances and would not prejudice the County Council’s interests, the call-in meeting may be held within 17 working days. If the Cabinet Member does not so agree, the meeting must take place within 14 working days).
13.5 If, having considered the decision, the Scrutiny Management Board is still concerned about it, then it may refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns, or, if it considers the decision to be contrary to the Budget or Policy Framework, refer the matter to full Council (see paragraph 7 of the Budget and Policy Framework Procedure Rules in Part 12A of this Constitution). If referred to the decision maker, they shall then reconsider within a further 14 working days, (or, exceptionally, such longer period not to exceed 17 working days, as may be agreed by the decision making person or the Chair of the decision making body). The decision maker shall then reconsider the decision, amending or not, before reaching a final decision.
13.6 If, within 14 days, the Scrutiny Management Board does not meet, or does meet but does not refer the matter back to the decision maker, then the decision will take effect on either the date of the Overview and Scrutiny meeting, or the expiry of the 14 working day period.
13.7 If the matter was referred to full Council, and the Council does not object to a decision which has been made, then no further action is necessary, and the decision will be effective on the date of the Council meeting. However, if the Council does object, it has no authority to make decisions in respect of an Cabinet decision unless it is contrary to the Policy Framework, or contrary to, or not wholly consistent with, the Budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council's views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Cabinet as a whole, or a committee of it, a meeting will be convened to reconsider within 14 working days of the Council request. Where the decision was made by an individual, the individual will reconsider within 14 working days of the Council request.
13.8 If the Council does not meet, the decision will become effective on the expiry
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82 of the period in which the Council meeting should have been held.
13.9 The role of Scrutiny Management Board in calling-in a decision before it is finalised, is:
To test the merits of the decision.
To consider the process followed in reaching a decision.
To make recommendations (to support the decision, change aspects of the decision or to invite the decision maker to re-consider).
To suggest further steps before a decision is made (but not to try to carry out those steps in place of the decision maker).
To recommend to the decision making committee or body the matter be dealt with at full County Council, or to recommend directly to full County Council if the Committee believe the matter to be contrary to the Budget and Policy Framework.
To come to a view in a relatively short time scale, so as not to compromise the speed and efficiency of the decision-making process.
13.10 The call-in mechanism is an important part of the decision-making process, and is designed to test the merits of the decision and to ensure that members have an opportunity to recommend change, reconsideration or deferral. The call-in mechanism is not:
a judicial or quasi-judicial process, or a public inquiry; an extended examination of areas only remotely connected to the actual decision; an open house for anyone to attend and make representations.
13.11 The three or more non-Cabinet members requesting the call-in must submit their joint request in writing or by e-mail to the Assistant Director - Corporate Governance, giving reasons for requesting that the matter be called in and identifying a Lead Member. It is not sufficient for the call-in notice simply to state that the members concerned wish to test the merits of a decision. The notice must specify which aspect or aspects of the decision the members wish to question or challenge. This is important because it will allow those summoned to the call-in meeting the opportunity to prepare adequately beforehand and to provide further information as necessary to clarify or explain the reasons for the decision.
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83 13.12 The Assistant Director - Corporate Governance may rule that a call-in request is not valid only in the limited circumstances below:
That the call-in request has not been made within five working days of publication (or three days in relation to final decisions on school organisation proposals). That the call-in request has not been made by at least three members. That it is not clear which Cabinet decision is being called in. That the decision is exempt from call-in on account of the urgency provisions.
13.13 A call-in may only be withdrawn with the agreement of the three members submitting the request in the first instance.
13.14 A decision can only be called in once. If, however, the Cabinet substantially amends the original proposal in a way which the Scrutiny Management Board has not considered nor could reasonably have foreseen, to the extent that in reality it is a different decision, the Board has the right to call it in again.
Call-in: in the role of the Chair of Scrutiny Management Board
13.16 The Chair of the Board should undertake preliminary enquiries and/or consultations before the meeting in order to:
(1) clarify the matters to be examined by the Board;
(2) consider the recorded views of those who have already been consulted or involved before the decision was taken;
(3) form an opinion as to what further papers, if any, should be made available to the Board;
(4) decide who should be invited to explain the decision.
(5) decide whether the call in letter requires additional detail or clarification
13.17 In most circumstances the Chair of the Scrutiny Management Board should meet the lead call-in member and the Cabinet Member with appropriate officers before the meeting to clarify if an informal resolution is possible without the need to hold a formal call in meeting. During this meeting if it is clear that informal resolution is not possible the Chair should come to a view on the matters above. This is to ensure that so far as possible any areas of
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84 disagreement are discussed fully beforehand and valuable time is not spent at the meeting itself on matters of process and procedure. if the meeting does not result in agreement between the Chair, the lead call-in member and the Cabinet Member then the Chair will propose a course of action to the Board at the beginning of the call in meeting for them to consider and decide the way forward.
Call-in: Arrangements for the Scrutiny Management Board
13.18 The representative of the Assistant Director - Corporate Governance will confirm attendance and the arrangements with those invited to attend. It will be the responsibility of the relevant Cabinet Member or the Chair or Vice- Chair of the Local Committee as appropriate to attend the Scrutiny Management Board to explain the reasons for the decision. The relevant Corporate Director (or the lead one, if two or more are involved) will be responsible for co-ordinating officers to explain the advice given to the Cabinet or the Local Committee and to provide further background information.
13.19 Papers will be despatched as soon as possible with notice of the date and time when the matter is to be considered. An agenda with a full set of papers will be despatched no less than five working days before the meeting.
13.20 The agenda should include:
The proposal and supporting papers submitted to the decision-taker. A list of background papers to the proposal. The minute of the decision. The request for the call-in. The reasons given by the requestors for the call-in. Any other papers that the members requesting the call-in identify. Background papers listed in the report to the decision-taker will not routinely be included in the agenda unless requested. The issues to be considered, unless those have not been decided by the time the agenda is despatched, in which case a supplementary note will be sent out as soon as possible. (N.B. The Board will not be restricted to this list of issues, but care will need to be taken at the meeting in allowing other matters to be raised, if there is a likelihood that further work will be needed).An indication as to whether further papers are likely (e.g. from the Cabinet member or third party) The persons to be invited to attend to answer questions on the issues before the Board and the order in which they will appear.
Updated by Council on 7 November 2013
85 13.21 If, late papers become available after the normal agenda despatch date, they must be made available to all members of the Board as far in advance of the meeting as possible. Where papers become available on the day of the meeting, the Board will decide whether to accept them and, if they do accept them, whether to adjourn to read them.
13.22 Any other issues concerning the conduct of the meeting arising between the date of the call-in and the date of the Scrutiny Management Board will be dealt with by the Chair of the Board in consultation with the Lead Member requesting the call-in, with any necessary officer advice/support.
Call-in: The Meeting
13.23 In most circumstances it will be appropriate to hold an informal meeting at least thirty minutes before the meeting. With the Scrutiny Officer and representatives of the Assistant Director - Corporate Governance present, members will:
read any last minute papers; consider relevant issues; consider how sensitive issues should be managed, and how any new issues, might be handled; note how the Chair intends to conduct the meeting; consider questions to be asked of witnesses.
The purpose of the pre-meeting is purely to discuss and arrange procedural matters, not to discuss the merits of the issue.
13.24 The Board meeting should start promptly at the publicised time.
13.25 The three call-in members will have a maximum period of 15 minutes to present their arguments, (which may be extended at the Chair’s discretion). How the 15 minute period (or any extension) is allocated between the three members is a matter for the lead call-in member to determine. He/she may wish to speak for the whole period or allow colleagues to contribute.
13.26 In most circumstances the meeting and all papers submitted to the Board should be open to the press and public. It may be necessary however to exclude the press and public to deal with “exempt” or confidential matters. This may be important not only on the day, to stop the disclosure to the press and public of exempt material but also to stop subsequent access to files on such matters. Any time spent in private session should be kept to a minimum. Exempt material in reports should be organised if possible into an appendix, so that the rest of the report can be available to the press and public.
Updated by Council on 7 November 2013
86 13.27 Even though the press and public may have to be excluded, it may not be necessary to exclude all those invited to attend Normally they should all be allowed to remain, to ensure the transparency of the process carried out in confidential session. Exceptionally it may be necessary to invite parties to advise the Scrutiny Management Board one at a time, if that is the only way in which the confidentiality of the material can be properly protected. That will usually mean officers who have advised the decision maker on this issue remaining to answer questions from the Board, in the absence of other parties. It will be important however:
(i) for this to be carefully explained to others, preferably in public before the resolution to exclude the press and public is passed;
(ii) to limit the scope of that advice strictly to the confidential material, and not to allow it to range into advice on the general merits of the issue when others could properly have been allowed to be present.
13.28 Members may wish to adjourn in order to have the opportunity to pause to review papers and evidence in hand. It will be quite proper in those circumstances to adjourn. It will be important to explain carefully the reasons for the adjournment in public and that no one will be given an unfair advantage. If during that time members of a Board wish to reconsider or clarify any point, then the Board should reconvene in public or (if in Part II) with everyone present who has been invited to attend.
13.29 During an adjournment the Board may wish to have assistance in formulating their view for announcement in public. If so, they should invite the representative of the Assistant Director - Corporate Governance to assist in that process.
Call-in: The Scrutiny Management Board’s View, Recommendations to the Cabinet, or to County Council
13.30 The Scrutiny Management Board has to balance the need on the one hand for decisions not to be unreasonably delayed and, for matters called-in to be properly discussed and debated. Normally consideration of a call-in will be dealt with at a single meeting but, exceptionally, there may be circumstances where this is not possible. If the Board agrees that further investigation or information is required, the Cabinet may agree to extend the time in which a final view may be expressed if, in their opinion, delay would not be prejudicial to the County Council’s interests.
13.31 Where the Scrutiny Management Board refers a matter back to Cabinet for further consideration, and the Cabinet reaffirms its original decision, the Cabinet shall give reasons to the Board for its decision.
Updated by Council on 7 November 2013
87 EXCEPTIONS
13.32 The power to call-in should not be abused nor cause unreasonable delay. A small number of limitations have therefore been agreed on its use. These are:
(i) The call-in procedure shall not apply where the decision being taken by the Cabinet is urgent that is any delay caused by the call-in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, must state whether, in the opinion of the decision maker, the decision is an urgent one, and therefore not subject to call-in. The Chair of the relevant Overview and Scrutiny Board must agree that the decision proposed is reasonable in all the circumstances, and to it being treated as a matter of urgency. In the absence of the Chair of that Board, the consent of the Chair or Vice- Chair of Council shall be required. In the absence of both, the Head of Paid Service or his/her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
(ii) The call-in timescales have been shortened for final decisions in relation to school organisation matters only, at the stage at which the Cabinet considers representations made following publication of a statutory notice setting out the Council’s proposals and makes a final decision as to whether to implement the proposals. The timescales have been shortened specifically to ensure that the Council is able to take this final decision within the two month statutory timescale. The normal timescales continue to apply to the consideration of school organisation matters at earlier stages. For the final decision only therefore the timescales are:
(a) the Cabinet’s decision notice or minute be issued to all members no later than three working days after the Cabinet’s meeting;
(b) the period during which the decision may be called in be three working days after the issue of the decision notice or minute;
(c) a Scrutiny Management Board meeting convened to consider the call-in of the decision be held within seven working days of the receipt of the call-in notice;
(d) where the Scrutiny Management Board refers the decision back to the Cabinet for further consideration the Cabinet’s meeting be held within a further seven working days.
Updated by Council on 7 November 2013
88 14. Councillor Call for Action
14.1 Members have the right to call for debate and discussion at a Board on a topic of neighbourhood concern. This power is known as the Councillor Call for Action (CCfA) and is limited to issues affecting single council divisions.
14.2 Members have a right to refer a local government matter not just to the scrutiny committee of their authority, but in the case of a two-tier area like Cumbria, to the committees of the relevant district/borough or County overview and scrutiny committee, irrespective of whether they are a member of that authority.
14.3 CCfA is designed to sit alongside existing member channels for resolving local issues. However, before an issue of concern can be submitted to a scrutiny board certain criteria have to be met which ensures that existing channels for resolution have been fully tested. These criteria are set out in a joint County/District Protocol for Cumbria.
Updated by Council on 7 November 2013
89 15. Terms of Reference for Overview and Scrutiny Boards
Committee/ Panel Scope
Scrutiny Functions Management The Scrutiny Management Board has strategic responsibility for Board the Overview and Scrutiny function. The Board has overall responsibility for the direction and management of Overview and Scrutiny so as to ensure that non-executive members make an effective contribution to the improvement and development of Council and other public services for the benefit of the people of Cumbria. Within this context the Board has the following specific responsibilities: (1) to oversee and manage the Council’s scrutiny process; (2) to take an overview of use of resources, policy development and performance; (3) to have responsibility to approve one overall scrutiny work programme (except for the Health Scrutiny Committee); (4) to monitor the County Council’s Forward Plan of Key Decisions; (5) to have overall responsibility for the commissioning of task and finish work (except for joint scrutiny committees and the Health Scrutiny Committee);
Updated by Council on 7 November 2013
90 (6) to undertake regular dialogue at Scrutiny Management Scrutiny Management Board meetings with corporate directors and cabinet Board members; (7) to consider scrutiny referrals from county councillors, local committees and other sources at service and community level; (8) to oversee the co-ordination of scrutiny members learning and development; (9) to undertake quality control of scrutiny procedures including outputs and added value; (10) to consider any Councillor Calls for Action which do not fall within the terms of reference of one of the Scrutiny Advisory Boards; ((11) to consider any call-in of a decision made by the Cabinet, or a Committee of the Cabinet, or a Local Committee, or under joint arrangements, or a key decision made by a Corporate Director.
Membership
See paragraphs 2.2-2.3
Children and All the powers and duties of the County Council relating to Young People’s children and young people. Scrutiny Advisory Board Membership
Between 11 and 13 members, excluding members of the Cabinet. The Scrutiny Advisory Board for Children and Young People shall include in its membership the following voting representatives:
(a) Church of England diocese representative (1);
(b) Roman Catholic diocese representative (1); and
Parent Governor representatives (3). If the Scrutiny Advisory Board deals with other than Education matters, these representatives shall not vote on those other matters, though they may stay in the meeting and speak.
Updated by Council on 7 November 2013
91 Adults Scrutiny All the powers and duties of the County Council relating to adults. Advisory Board Membership
Between 11 and 13 members, excluding members of the Cabinet
Communities and All the powers and duties of the County Council relating to Place Scrutiny safer/stronger and inclusive communities and planning, highways, Advisory Board the environment and economic regeneration.
Membership
Between 11 and 13 members, excluding members of the Cabinet
Cumbria Health To discharge the functions conferred by Section 21(f) of the Scrutiny Local Government Act 2000 of reviewing and scrutinising, in Committee accordance with regulations under Section 224 of the National Health Service Act 2006, matters relating to the planning, provision and operation of health services in Cumbria. To make reports and recommendations on matters relating to the health service in Cumbria to local NHS bodies and to the Council (including the health and wellbeing of Cumbria’s population). To act as consultee as required by the relevant regulations in respect of those matters on which local NHS bodies must consult the Committee. To report annually on its work to the County Council and all the district councils. To consider and respond to referrals from the Cumbria Health Watch on health matters under the Local Government and Public Involvement in Health Act 2007 as amended by the Social Care Act 2012. Membership See Paragraph 16. Cumbria and Lancashire Joint Overall function of the Joint Committee Health Scrutiny Committee To discharge the health scrutiny functions of Cumbria and Lancashire County Councils in relation to any proposals made by the University Hospitals of Morecambe Bay NHS FT (UHMBT) regarding any cross boundary substantial variations in service
Updated by Council on 7 November 2013
92 provision as they arise.
Specific functions and powers of the Joint Committee
Taking account of the Department of Health Guidance on Health Overview and Scrutiny:
1. To scrutinise proposals of UHMBT regarding any cross boundary substantial variations in services, including their evidence base.
2. To ensure that the evidence and views of service users, carers and public interests have been considered in the proposals.
3. To consult with, and take evidence from witnesses as appropriate.
4. To prepare, agree and publish the findings of the Joint Committee, setting out the evidence examined and any recommendations considered appropriate. This report will be taken to each of the main Cumbria and Lancashire Health Overview and Scrutiny Committees for information.
Membership
The Joint Committee shall consist of 8 members, of whom:
4 shall be elected representatives on the Cumbria Health Scrutiny Committee
o of these 1 shall be the South Lakeland District Councillor representative on the Cumbria Health Scrutiny Committee
o 1 shall be the Barrow Borough Councillor representative on the Cumbria Health Scrutiny Committee
Updated by Council on 7 November 2013
93 4 shall be elected representatives of Lancashire County Council
o Of these at least one shall be a County Councillor representing a division in the Lancaster City Council area o Chair and Vice Chair
The Committee shall elect its own chair and vice chair.
Voting
Each of the eight representatives on the Committee shall have equal voting rights.
Substitutes
Substitution shall be permitted according to the arrangements in force within the Cumbria County Council (for Cumbria members) and Lancashire County Council (for Lancashire members).
Quorum
A quorum shall comprise 3 members of the Joint Committee, of whom at least one shall be from the Cumbria Scrutiny Committee and one from Lancashire County Council.
Frequency of meetings
The Joint Committee shall meet in public on an ad hoc basis to consider substantial variations in service provision as they occur, the frequency of which shall be agreed by members of the Joint Committee. On conclusion of the review the Joint Committee shall cease to meet. It will be reinstated as and when further cross boundary substantial variations in service are being proposed.
Referral to the Secretary of State
In the case of contested NHS proposals for substantial service changes or any NHS proposal which the Joint Committee feels
Updated by Council on 7 November 2013
94 has been the subject of inadequate consultation, by majority agreement, the Joint Committee to have delegated authority to directly refer the matter to the relevant Secretary of State.
That in relation to the function described above, any Joint Committee decision on whether or not a referral should be made to the relevant Secretary of State is not required to be approved by the individual Overview and Scrutiny Committees at those local authorities that may be directly affected by the decision. However the Joint Committee’s power of referral does not remove, supersede or negate the power and authority of each individual Overview and Scrutiny Committee to make a referral to the Secretary to State should they wish to do so.
Support
Administrative and research support will be provided by the Scrutiny Units of Cumbria and Lancashire County Councils, working together.
Updated by Council on 7 November 2013
95 Appendix 2
16. Cumbria Health Scrutiny Committee
16.1 The Committee is an Overview and Scrutiny Committee appointed by the Council but which includes a co-opted Scrutiny member from each District Council in Cumbria.
16.2 The County Council will appoint:-
Seven members from the County Council. (Each political group to name a pool of additional members, any of whom may substitute for an appointed member from the same group. The number of members in the pool to be twice the number of that group’s proportional allocation of members on the Committee).
Six District Council members, one co-opted from each District Council in Cumbria. (Each District Council to nominate one of its members for appointment and name two other members, either of whom may act as a substitute for the appointed member).
16.3 All the above appointed members or a member substituting for an appointed member at a meeting shall be entitled to vote. No member may act as a substitute unless he/she has been named in accordance with the above arrangements.
16.4 The Committee shall be entitled to co-opt non-members as non-voting co- optees as it thinks fit for a particular matter that is subject to scrutiny.
16.5 The Chair shall be drawn from the County Council members and shall be elected annually only by those members appointed by the County Council.
16.6 The Vice-Chair shall be drawn from the District Council members and shall be elected annually only by those members appointed by the district councils.
16.7 Nothing in Rules 16.5 or 16.6 above shall prevent the election of a Chair for a meeting by all members present in the absence of the Chair and Vice-Chair.
16.8 The Committee may appoint one or more sub-committees of County and District members and may arrange for the discharge of its functions by any such Sub-Committee, provided that the scope of the Sub-Committee’s remit is clearly defined. This may be appropriate for single issues affecting the County as a whole or a more local issue affecting only a part of the County. In any such case the Committee will require a report from the Sub-
Updated under delegated powers on 30 April 2014
96 Committee at the conclusion of its work. The Committee will determine the appropriateness and extent of co-option of non-local authority members to Sub-Committees when it defines the Sub-Committee’s remit.
16.9 The Committee may set up task and finish groups.
16.10 The arrangements as to voting and chairmanship that apply to the main Committee shall apply to any Sub-Committee. Potential substitute members named for the purpose of the main Committee may substitute for an appointed member of any Sub-Committee.
16.11 The Overview and Scrutiny Procedure Rules shall apply to the work of the Committee with any necessary amendments.
Updated by Council on 7 November 2013
97 This page is intentionally left blank Agenda Item 11
SCRUTINY MANAGEMENT BOARD Meeting date: 23 January 2014 From: Corporate Director - Resources
Cabinet Procurement Working Group
1.0 Purpose of Report
1.1 This report provides information on the establishment, purpose and meetings of the Cabinet Procurement Working Group.
2.0 Issues for Scrutiny
2.1 Scrutiny is asked to note and comment on the recently established Cabinet Procurement Working Group.
3.0 Background
3.1 In 2012 Cabinet established an Elected Members Working Group to review the Council’s procurement policies and operations. This then identified a range of recommendations designed to help ensure that the Council’s procurement policies and processes continue to strike the right balance between the different demands and expectations placed upon them, namely service provision, quality, community and service user needs and expectations, value for money, strategic fit, risk management, legal compliance, and procedural integrity. Explicitly, the Review sought to improve the tendering opportunities for local suppliers and thereby optimise the positive impact of the Councils procurement on the local economy whilst driving out efficiency savings.
3.2 The recommendations of this Group were reported to Scrutiny Management Board and have been incorporated into both the Business Services Service Plan and scorecard and into the new Sustainable Procurement Strategy (as approved by Cabinet in June 2014). The new Procurement Strategy focusses on three core aims: driving greater efficiency, supporting local growth and improving service delivery.
3.3 Further, following consultation on the 2014/15 Council Budget, commissioning, procurement and contract management (CPCM) functions and resources across the Council have largely been centralised with a new team being created within the Resources Directorate. This re-structure has delivered approximately £1m staff savings for 2014/15 and a further £1m on contract saving). The team is tasked with identifying and delivering
99 efficiency savings from our contract expenditure over the next three years and will implement the new Procurement Strategy while managing and undertaking procurement operations.
3.4 The Council Plan Delivery Plan refers to the wider benefits and role our procurement can play in supporting the delivery of Council Plan objectives. Establishing a procurement vehicle for elected members was therefore felt to be necessary.
3.5 In September 2014 a report was presented to Cabinet recommending the establishment of a Cabinet Procurement Working Group. The objectives of this are to provide a vehicle for early political involvement and direction, greater oversight of commissioning, procurement and contract management activities and the reduction of procurement business going to Cabinet, particularly relatively low-value/routine contract award decisions. The Terms of Reference are attached as Appendix 1
3.6 To supplement this, last November full Council also approved changes to the delegated financial thresholds so that fewer “routine” or relatively low value procurement decisions would require Cabinet approval. In effect, the thresholds for officer decisions on the initiation of a procurement exercise and the subsequent award of contract have been increased from an annual value of £250k to £1m. Contracts which exceed £4m in value or four years in length still require Cabinet approval.
3.7 The Working Group, chaired by the Portfolio Holder for Central Services, has now met on two occasions with a further meeting scheduled in January. A range of procurement reports have been considered covering, for example, intentions to procure goods and services including the supply of groceries and provisions, a waste transfer facility in Kendal, the dredging of the Port of Workington and the procurement of a range of Frameworks for Social Care and Support Services.
3.8 The Working Group has also considered reports for the award of contracts relating to the repair of lifts and hoists for people with disabilities and older adults, and main and school supply insurances. The Group also provided views on developments of a report on Shaping Our Future: Adult Social Care in Cumbria 2015-2020.
3.9 Looking ahead, the Working Group will continue to provide early political direction and oversight, particularly at the early stages of a process which may result in procurement activities. This ensures options are assessed and wider social and economic issues are considered before any formal procurement procedure is started. The Group will receive update and monitoring reports in relation to those procurements it has commented on to ensure the outcomes align with the direction.
3.10 Meetings of the Group are aligned to any upcoming procurements arising from the contracts register. Public sector procurement is highly regulated with minimum timescales for each stage in a tender being determined by the EU Procurement Directives. The Working Group will therefore consider
100 issues well in advance of the start of formal procedures and will receive regular updates of progress on live tenders as a standing item.
Alan Ratcliffe Assistant Director – Business Services 18 December 2014
Appendices
Cabinet Procurement Working Group – Terms of Reference
Previous Relevant Council or Executive Decisions [including Local Committees]
Cabinet September 2014: Commissioning, Procurement and Contract Management: Establishment of an Elected Member Working Group
Contact: Alan Ratcliffe, Assistant Director, Business Services
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APPENDIX 1 – Potential Future Governance Arrangements
These potential future governance arrangements are intended for Goods, Works and Services Commissioning, Procurement & Contract Management activity where the average annual value of a contract exceeds that of the current financial threshold for a key decision or is of a politically sensitive nature.
Member Commissioning, Procurement & Contract Management Working Group
Role: . A working group of the Cabinet established to provide strategic oversight, political direction and review of the Council’s commissioning, procurement & contract management activities Objectives: . to consider the Council’s strategies for delivering the Council Plan and Medium Term Financial Plan through commissioning, procurement and contract management, including exploring options for strategic partnerships, in/outsourcing, contracting, grant funding 103 and other innovative approaches . to act as the consultee to corporate directors taking delegated decisions on options for commissioning and procurement, including, approval to procure, and award of contracts, where required under the Contract Procedure Rules . to monitor and review the implementation and application of the Sustainable Procurement Strategy to act as a consultee on proposed amendments/revisions to the Sustainable Procurement Strategy and Contracts Procedure Rules Membership: . Portfolio Holder (Chair); Leader; Deputy Leader [supported by: Assistant Director Business Services; Senior Manager Commissioning, Procurement & Contract Management; Assistant Director Finance (Section 151 Officer), Senior Manager Legal and Democratic Services
Commissioning, Procurement & Contract Management Programme Board Corporate Management Team
P.T.O. for details P.T.O. for details
Commissioning, Procurement & Contract Management Programme Board Corporate Management Team/Corporate Directors Role: . a key programme board (part of Reshaping CCC), to provide strategic direction Role: to and lead the delivery of Commissioning, Procurement & Contract . the formal corporate governance of Management activities across the Council individual Commissioning, Objectives: Procurement & Contract Management activities . to undertake a fundamental review of the contracts register and identify/explore Commissioning, Procurement & Contract Management opportunities (strategic Objectives: partnerships, in/outsourcing, contracting, grant funding etc) . to make recommendations to members . to ensure overall Commissioning, Procurement & Contract Management activity on options for commissioning and meets the Council’s priorities and achieves value for money procurement, including approval to . to review and proactively manage the Council’s Commissioning, Procurement & procure, and award of contracts Contract Management pipeline . to identify opportunities for financial savings and ensure their realisation
104 . to ascertain and appraise all cross-cutting issues/opportunities and sequencing of work plans DMTs
. to provide visibility to joint/integrated Commissioning, Procurement & Contract Role: Management activity with partners . the formal directorate governance of . to provide robust internal challenge and peer support to major Commissioning, individual Commissioning, Procurement & Contract Management initiatives (agreeing the use of internal Procurement & Contract Management Gateway Reviews where appropriate) activities . to share knowledge, learning and best practice (within and outside the Council) Objectives: . to inform member decision making . to make recommendations to CMT on . to govern the Commissioning, Procurement & Contract Management change options for commissioning and programme procurement, including approval to Membership: procure, and award of contracts . Assistant Director Business Services (Chair); Senior Manager Commissioning, . to support and contribute to the Procurement & Contract Management; Senior Manager Accountancy & Commissioning, Procurement & Financial Planning; Senior Manager Legal and Democratic Services; Directorate Contract Management Programme Representatives (Assistant Directors or Senior Managers managing or providing Board the ‘intelligent client’ role)
Agenda Item 12
SCRUTINY MANAGEMENT BOARD Meeting date: 23 January 2014 From: Corporate Director - Resources
Contractors Who Have Not Yet Tendered For Work
1.0 Purpose of Report
1.1 This report provides an analysis on the number of Cumbrian suppliers who have responded to procurement opportunities but have not gone on to formally tender for the contracts.
2.0 Issues for Scrutiny
2.1 Scrutiny is asked to note and comment on the report and Appendix 1.
3.0 Background
3.1 During January – November 2014, the Commissioning, Procurement & Contracts Management (CP&CM) team issued over 570 advertised Tenders, Requests For Quotations, or Mini Competitions, via our e-tendering portal, The Chest. These Procurement exercises covered all Cumbria CC directorates. 711 Cumbrian based companies have accessed The Chest and taken an interest in at least one Procurement exercise.
3.2 All of our tender opportunities are advertised on The Chest (and, where appropriate in the press). The Chest is an electronic tendering system which assists us in complying with the requirements of the EU Procurement regulations while reducing the cost of tendering for both ourselves and bidding organisations. This system is used 41 authorities in the North West which means suppliers in Cumbria are alerted to opportunities in neighbouring councils. The Chest has over 200,000 Suppliers registered covering Local, National and International companies.
3.3 Appendix 1 provides further detail about all the Cumbrian based companies who have either expressed an interest in a Tender or have been asked to provide a quotation.
3.4 The Chest (which is free to use for suppliers) automatically alerts registered suppliers of tender opportunities in which they may be interested. Out of the 711 Cumbrian based companies registered on The Chest, 288 have responded to over 50% of the Procurement exercises that they have had
105 access to on...Further, 171 of the 711 companies have responded to 100% of the Tenders, RFQ’s and Mini Competitions to which they have been alerted.
3.5 We take active steps to encourage locally based suppliers to bid for our contracts, a process which is also informed by an understanding of the reasons why potential bidders decide not to bid. The Chest helps with this by providing us with a snapshot view as to why a company has decided not to respond, but this is totally dependent on them providing us with the detail. Often, the type of comments we receive are very generic i.e. “we cannot supply”, “not our area of work” and “no capacity”.
3.6 The CP&CM team also undertake more in depth analysis to gain a better understanding and while respondents mainly state the same answers as above, it is clear that many potential providers chose not to bid for a wide range of reasons. These include capacity, particularly in construction and some service based markets, a lack of specialisms, geographical coverage and commercial considerations.
3.7 In general, the lack of tenders from local organisations may be down to a number of factors including:
Timing – A company may not have capacity at that point in time so cannot either respond to the tender or be able to carry out the contract
Geography – The Supplier may not work in the area but has Expressed An Interest in order to consider or inform possible future bidding opportunities.
Scoping and lead-in times – Suppliers feel they cannot respond due to the way a particular contract has been commissioned. In some cases the lead- in period may not be long enough for the company to have planned and resourced it into its programme of work. However, where possible we have increased the time allowed between advertising tenders and submission deadlines.
A Lack Of Appetite – A Supplier may not want to contract with us due to the reasons above, instead focusing on their current workload and capacity. Again, we know of companies, for example in the property and construction market who have been over committed on occasion.
3.8 In recognising the wider social and economic benefits public sector procurement can bring to our communities and economy we undertake a proactive supplier engagement programme. This includes holding a number of events to inform the marketplace of upcoming tenders and working with a range of stakeholder including business and third sector umbrella organisations and other public sector bodies to help inform the marketplace.
3.9 In November 2013 CP&CM held a ‘Meet the Buyer day’ at Carlisle Racecourse, regarding all Council tender activities, and this was very well received by both local and national companies. The event discussed all categories of spend, with an indication of upcoming Procurement activities.
Page106 2 of 3 In 2014 a number of events were also held which focussed more on specific areas of work i.e. Adult Social Care Home Care, Property Planned Maintenance works and Children’s Services Early Help contracts.
3.10 Furthermore, CP&CM will be more proactive in asking the Cumbria based organisations why they have subsequently not tendered or provided quotations. Historically where CP&CM have been involved in tenders/quotations, its focus has been on proactively ensuring these prospective bidders were aware of the business opportunity.
Mike Farren Senior Procurement and Contract Manager 12 January 2015
Appendices
Appendix 1 – 2014 Tendering Database
Previous Relevant Council or Executive Decisions [including Local Committees]
N/A
Contact: Mike Farren, Commissioning, Procurement and Contract Management, Business Services
107Page 3 of 3 This page is intentionally left blank Company Tender No % of No Documents Response Response Received Land + Place Ltd 1 1 100.00% David Garner Architect & Project Manager 1 1 100.00% Brown & Armstrong Ltd 3 3 100.00% S. J. Mawson Limited 1 1 100.00% Brampton and Beyond Community Trust 4 4 100.00% Baines Wilson LLP 2 2 100.00% Project John 1 1 100.00% WRG Ltd (FCC) 1 1 100.00% Anna Gray Associates 1 1 100.00% Taylor Corporate Solutions Limited 1 1 100.00% Carlisle Mencap 1 1 100.00% Dove Nest Group 1 1 100.00% Iteriad Ltd 1 1 100.00% S&G Electrical Services Ltd 1 1 100.00% Mediation Cumbria 1 1 100.00% ace taxis 10 10 100.00% Cumbria Project Management Ltd 6 6 100.00% Lakes Training Solutions Ltd 1 1 100.00% ACG Facilitation 1 1 100.00% John Sandelands Limited 1 1 100.00% Carlisle College 1 1 100.00% Atkinson Building Contractors 2 2 100.00% Boots 1 1 100.00% Boots 1 1 100.00% Border Offset Printers Ltd 1 1 100.00% Corfield Garden Management 3 3 100.00% Cumbria Partnership NHS Foundation Trust 3 3 100.00% Brampton Skip Hire Ltd 1 1 100.00% DCS Joinery. 2 2 100.00% Badger Press 2 2 100.00% Donleys Limited 1 1 100.00% S & P Higginson Ltd 1 1 100.00% Witherslack Group 1 1 100.00% A B Mitchell Developments Ltd 2 2 100.00% Lateral Editorial 1 1 100.00% amethyst training & development ltd 1 1 100.00% Seascale Pharmacy 2 2 100.00% LANDATA 1 1 100.00% Walton Goodland 1 1 100.00%
109 Refrigeration (Mitton) Limited 1 1 100.00% Greenfields heat & power ltd 3 3 100.00% Asplin Services 1 1 100.00% Hyde Harrington 1 1 100.00% Richardsons Funeral Directors 1 1 100.00% Lakeland Care & Support Limited 1 1 100.00% Byron Tyson Ltd 2 2 100.00% Indigo (Children's Services Consultancy) Ltd 2 2 100.00% Fox and Associates Consulting Ltd T/A Child Centred Practice 1 1 100.00% Lakes First Aid 2 2 100.00% Sue Simpson Training & Development Ltd. 1 1 100.00% Project Time & Cost International Ltd 1 1 100.00% (SAFA) - Self harm Awareness for All Cumbria 1 1 100.00% Asda Workington Pharmacy 2 2 100.00% S A Associates Management Training Co Ltd 1 1 100.00% John Sandelands Funeral Directors Ltd 2 2 100.00% S W & S E McHale 1 1 100.00% A Positive Partnership 2 2 100.00% bk builders ltd 2 2 100.00% Collins and Butterworth 1 1 100.00% Terris Electrical Company Limited 4 4 100.00% Centre for Regional Economic Development 2 2 100.00% Lewis Contracting (Cumbria) Ltd 1 1 100.00% Coombe and Sharpe Landscaping Ltd 1 1 100.00% W.G. MACKAY LTD 1 1 100.00% 24Seven Maintenance Services Ltd. 1 1 100.00% It servicez 1 1 100.00% Cybermoor Services Ltd 1 1 100.00% Galpin Landscape Architecture 1 1 100.00% John Elliot ltd 3 3 100.00% PETER DAW (PLANT) 1 1 100.00% Sue Jenkins & Associates 3 3 100.00% D A Harrison 1 1 100.00% ShepherdMyers LLP 1 1 100.00% The Whitehaven Community Trust 2 2 100.00% Collingridge And Smith Architects 1 1 100.00% MediateNW 1 1 100.00% Core Training & Consultancy Ltd 1 1 100.00%
110 Manna House 1 1 100.00% At Peace Funeral Services 1 1 100.00% Mellor Architects 1 1 100.00% Eden Community Outdoors 3 3 100.00% Asda Stores 1 1 100.00% moss bay metals ltd 1 1 100.00% Twilight Years Ltd 1 1 100.00% PK Electrical 3 3 100.00% Furness Enterprise Ltd 3 3 100.00% ROCK COTTAGE IDEAS LIMITED 1 1 100.00% SAINT & CO 2 2 100.00% Chris Brammall Ltd 1 1 100.00% Good Development 1 1 100.00% Building Tec Limited 7 7 100.00% Lucy Harrison 3 3 100.00% Ministry Of Doing 1 1 100.00% Boots 1 1 100.00% John McGill Business Consultant 2 2 100.00% Cairn Marketing Consultancy Ltd 1 1 100.00% Postlethwaite Construction Ltd 1 1 100.00% Oncore specialist heating 1 1 100.00% Carlisle Clearstone Paving Ltd 1 1 100.00% Builders Supply Company Ltd 3 3 100.00% 1stFrame (Cumbria) Ltd 2 2 100.00% Finger prints 1 1 100.00% KME Associates Ltd 1 1 100.00% SJB SPECIALISED JOINERS AND BUILDERS LTD 2 2 100.00% TWT Projects 1 1 100.00% Green 1 1 100.00% cef[ kendal] 2 2 100.00% DC Electrical Services 1 1 100.00% Family Talk 1 1 100.00% Accounts Solution 1 1 100.00% PAC 2 2 100.00% The Driven Employee 1 1 100.00% Centre for Leadership Performance 1 1 100.00% Friends of the Lake District 1 1 100.00% (nw) Heritage Construction 4 4 100.00% Action with Communities in Cumbria 1 1 100.00% Albion bros 1 1 100.00% B&R CONSRTUCTION 1 1 100.00% British Red Cross 1 1 100.00% C.A.D.A.S. 3 3 100.00% Consulting Consortia Ltd 2 2 100.00% Crux Associates 1 1 100.00%
111 Cumbria County Council 2 2 100.00% Cumbria Third Sector Consortium 7 7 100.00% Cumbria View Care Services Ltd 1 1 100.00% Drop Zone 2 2 100.00% emt 1 1 100.00% Enterprise (AOL) Limited Trading as TFE Enterprise 2 2 100.00% Ergoway 1 1 100.00% Futures 2 2 100.00% Gifted Beings Ltd 2 2 100.00% J G Brough 1 1 100.00% Keswick Pharmacy 1 1 100.00% Leadership Initiative 1 1 100.00% OpenSpace 1 1 100.00% People Development Solutions 1 1 100.00% radiotaxis (carlisle)ltd 2 2 100.00% Social-Elf 2 2 100.00% Springfield House 1 1 100.00% Whitehaven Harbour Youth Project 2 2 100.00% Remedy For Business Ltd 1 1 100.00% Collective Edge Limited 1 1 100.00% Station Travel 1 1 100.00% Acorn Cars 1 1 100.00% Theo's Taxis (Kendal) Ltd 34 34 100.00% Kirkby Lonsdale Coach Hire Ltd 7 7 100.00% Abbey Business Services 1 1 100.00% JC Cars(Barrow)Ltd 5 5 100.00% Jerusalem Associates Limited 1 1 100.00% firststep 1 1 100.00% AIRPORT SERVICES UK LTD 13 13 100.00% Knowsley Community Transport 3 3 100.00% Roofclad Systems 1 1 100.00% JJ Travel and Transport Ltd 1 1 100.00% N K Brown 1 1 100.00% Britannia Radio Cars Ltd 3 3 100.00% Bellrock Business Ltd 1 1 100.00% McKenzie travel ltd 1 1 100.00% Cumbria Transport Company 2 2 100.00% Good2Great Ltd 1 1 100.00% Cumbria Rural Enterprise Agency 1 1 100.00% Eden Safe Store 1 1 100.00% Enabling Success Ltd 1 1 100.00% CT Plus CIC 1 1 100.00% I Care (GB) Limited 1 1 100.00% Optare Group Ltd 2 2 100.00% J J'S Taxis 4 4 100.00%
112 d and g private hire 1 1 100.00% Mitie Tilley Roofing Ltd 1 1 100.00% Cheshire West Taxis 1 1 100.00% Daviddon Ltd 1 1 100.00% Plumline Coaches 1 1 100.00% A.W TRAVEL 59 59 100.00% RM Solutions(NW)Ltd 1 1 100.00% Cloud Content Solutions 1 1 100.00% North Lancs Enterprise 1 1 100.00% Triplettt cumbria limited 2 2 100.00% Jon Lea's Taxi's 2 2 100.00% Bethell Group plc 1 1 100.00% Car, Van and Minibus Ltd 2 2 100.00% middleton cars 2 2 100.00% MK1 Cars 1 1 100.00% Headstuff Limited 1 1 100.00% Enhancing Peoples Lives 1 1 100.00% Equals If Associates Limited 1 1 100.00% The Innovation Partnership Ltd 1 1 100.00% Springfield Bus and Coach 1 1 100.00% Cumbria Coaches Ltd 16 16 100.00% Delta Merseyside Ltd 1 1 100.00% HAMILTON LEADER WORKFORCE DEVELOPMENT 1 1 100.00% Blackpool Enterprise CIC 1 1 100.00% R & J Minibus service 74 74 100.00% ADL Travel 12 12 100.00% Open Adventure 1 1 100.00% Roy Brocklebank 1 1 100.00% appollo 8 travel 9 9 100.00% CCS 1 1 100.00% Empower Funding C.I.C 1 1 100.00% Ibus 1 1 100.00% Ashton Webb Recruitment Ltd 1 1 100.00% SPEAK4ME 4 MINORITY COMMUNITY 1 1 100.00% Tonys taxi 1 1 100.00% Ascend Business Consulting 1 1 100.00% Keswick Cabs 1 1 100.00% Martin Glynn FICFor 1 1 100.00% Thirty 30 Media Ltd 1 1 100.00% Big Knows Ltd 1 1 100.00% new Approach 1 1 100.00% Furness of Keswick LTD 2 2 100.00% c and a travel 42 42 100.00% Drake International 1 1 100.00% DeAngelo Brothers UK Limited 1 1 100.00% MentorMatchMe Ltd 1 1 100.00% Laurie Brewis Trust 2 2 100.00%
113 Mark Reynolds Consulting Limited 1 1 100.00% ACROBAT Consulting & Marketing LTD 1 1 100.00% Northwest Coachlines Ltd 1 1 100.00% Thornton & Lowe 1 1 100.00% Moore Stephens LLP 1 1 100.00% martins travel 7 7 100.00% Radford Chancellor LTD 1 1 100.00% Blue Wren Ltd 1 1 100.00% Copernicus Training 1 1 100.00% GO CABS 7 7 100.00% Social Enterprise Acumen CIC 1 1 100.00% Thomson Coaches 1 1 100.00% Creative Solutions 1 1 100.00% Contract Taxis 4 4 100.00% Reid Transport 4 4 100.00% Reach Telecommunications Ltd 1 1 100.00% trevors taxi 1 1 100.00% Opus International Consultants Limited 29 29 100.00% T Wall & P Miller transport 22 22 100.00% Morland Hall 1 1 100.00% Carigiet Cowen Ltd 2 2 100.00% Liddle Private Hire 9 9 100.00% BARROW&DISTRICT DIAL-A- RIDE 17 17 100.00% hodgson private hire 10 10 100.00% DSB Business Solutions T/A (Business Doctors Manchester) 1 1 100.00% Per-Fit Windows Limited 1 1 100.00% I.H.S Corporation Limited 1 1 100.00% Sure and Safe Minibus Service Limited 3 3 100.00% penrith taxis 2 2 100.00% PlatinumPrivate Hire 1 1 100.00% ADD Specialists 1 1 100.00% Scenic Taxies 8 8 100.00% Where Next 1 1 100.00% Adrian Ashton 1 1 100.00% Destination Performance Limited 1 1 100.00% Central Lobby Consultants 1 1 100.00% nkh promotions 1 1 100.00% Crowe Plant HIre Limited 1 1 100.00% K and L Travel Ltd 62 62 100.00% partridge's taxi's 5 5 100.00% J B PICKTHALL 7 7 100.00% Connolly 1 1 100.00% DWF LLP 1 1 100.00% Horizonworks Marketing Ltd 1 1 100.00%
114 A STAR TAXIS 1 1 100.00% Ray Hopper Associates 1 1 100.00% G Taxi 1 1 100.00% Steve's Taxi's 3 3 100.00% City Nippa 2 2 100.00% Alliantus Limited 1 1 100.00% Think Recruitment 1 1 100.00% Nursery Business Ltd 1 1 100.00% Daniel Knowles 1 1 100.00% Complete Security (Europe) Ltd 1 1 100.00% Mark Barton Building & Roofing 1 1 100.00% Ginger Minicabs 1 1 100.00% Hatherlow Ltd 1 1 100.00% KT's Coaches of Kendal 5 5 100.00% Ron Robinson Roofing 1 1 100.00% Rutherford Training Consultants 1 1 100.00% Grab-A-Cab 2 2 100.00% DJS Research Ltd 1 1 100.00% Richard Batty 3 3 100.00% Axiom Regenerate 1 1 100.00% Bridie Philpotts Associates 1 1 100.00% Gerald Eve LLP 2 2 100.00% taxi-team 81 81 100.00% A Team Wirral 10 10 100.00% A1 accliam taxis 6 6 100.00% A2B DIRECT 4 4 100.00% A2B taxis/ajaxcumbria LTD 1 1 100.00% AA TRAVEL (CUMBRIA) LIMITED 14 14 100.00% ACS Construction Group 1 1 100.00% Alan Stephenson & Son 33 33 100.00% Alphatutors Limited 1 1 100.00% Betteridge Fundraising Consultants 1 1 100.00% C and M tiling limited 1 1 100.00% C I Accountancy Ltd 1 1 100.00% CND Taxis 1 1 100.00% D&R Greaves 1 1 100.00% David Allen Agriculture Limited 1 1 100.00% Geraldine Turner Marketing Ltd 1 1 100.00% getaway travel 3 3 100.00% Giraffe Consulting Ltd. 1 1 100.00% GO NORTH EAST 3 3 100.00% grand prix services 2 2 100.00% Hanson Contracting 1 1 100.00% Hayton Taxis 4 4 100.00% Ian Edwards 1 1 100.00%
115 Ian Farmer Associates (1998) Ltd 1 1 100.00% Ian Harrison Consulting Ltd 1 1 100.00% j.a travel 44 44 100.00% KPMG LLP 1 1 100.00% Lawrie Brewis Trust 1 1 100.00% Mary Murtagh Media 1 1 100.00% Matrix Management Solutions Ltd 1 1 100.00% mccabe's 1 1 100.00% Metcalfe Bros Ltd 2 2 100.00% Metcalfe Coaches Ltd 32 32 100.00% n/a 1 1 100.00% Social Research Centre 1 1 100.00% Stirling Cabs 2 2 100.00% Rosies Travel 65 63 96.92% Seaview Travel 31 30 96.77% DREAM TRAVEL LIMOUSINE HIRE 168 162 96.43% Cockermouth Taxi Co 82 79 96.34% Minibus services 25 24 96.00% Telford's Coaches Ltd 21 20 95.24% west cumbria travel 146 139 95.21% Davidson minibuses 41 39 95.12% brantwood private hire 122 116 95.08% Ellenvale Coach Company Ltd 144 136 94.44% Richard Moore Taxi 47 44 93.62% Heron Travel 76 71 93.42% abletravel of cumbria 129 120 93.02% Sue's Taxis 13 12 92.31% thomason travel 74 68 91.89% MMK APPLEBY TAXIS 24 22 91.67% Walkers Of Carlisle 47 43 91.49% Alba Travel Limited 35 32 91.43% astral 23 21 91.30% Woodclose Private Hire 33 30 90.91% ATLAS TAXIS 41 37 90.24% K & FM & C Johnson 61 55 90.16% Alston Taxis 10 9 90.00% Reays Coaches Ltd 107 96 89.72% 3D travel 27 24 88.89% Battersby Silver Grey Coaches 9 8 88.89% Amey UK Plc 25 22 88.00% morris minor travel 49 43 87.76% Rickys Travel 8 7 87.50% Atkinsons Of Brampton 95 83 87.37% station taxis 15 13 86.67% P&J Travel. 112 96 85.71% Prima Taxis 14 12 85.71% C and P Taxis 67 57 85.07% GAUDIUM LTD 13 11 84.62%
116 Mediastone Limited t/a Logic 12 10 83.33% T T Carpets Ltd 6 5 83.33% K H Minibuses 6 5 83.33% Scarr`s Cars 12 10 83.33% gordons taxis 35 29 82.86% DGH Silloth ltd 186 154 82.80% PARKERS TAXIS 29 24 82.76% ken routledge travel 80 66 82.50% Walkers Funeral Directors 5 4 80.00% People First 5 4 80.00% Irving's Coach HIre Ltd 25 20 80.00% Lawrence Taxi and Private Hire 15 12 80.00% Hutton Hire 44 35 79.55% mitchells mini coaches 14 11 78.57% NBM Hire Ltd 18 14 77.78% Cumbria Roofing Ulverston 13 10 76.92% K a j & a Hazlett 26 20 76.92% Lecks Travel 13 10 76.92% Clover Leaf Taxis 42 32 76.19% lakeland travel limited 25 19 76.00% Paul Johnston FARRIERS & FUNERAL DIRECTORS 4 3 75.00% Northern Construction 4 3 75.00% McDougall Building Contractors 4 3 75.00% Cumbria County Council 12 9 75.00% billsminicoaches 8 6 75.00% WILLIAM SIM AND SON 12 9 75.00% Carefree Travel Ltd 4 3 75.00% chris bayliffe 8 6 75.00% Coffey Construction 8 6 75.00% Wright Bros Coaches Ltd 16 12 75.00% Team Northern Construction 7 5 71.43% Young Cumbria 7 5 71.43% Croftlands Trust 7 5 71.43% Staceys Coaches 45 32 71.11% promenade taxis 51 36 70.59% ph travel 91 64 70.33% Your Call Transport Services Ltd 147 100 68.03% M & I Travel ltd 90 61 67.78% taxis 104 70 67.31% Danielis Marketing 3 2 66.67% Muir Associates 3 2 66.67% DC Research Ltd 3 2 66.67% NEIL PRICE LTD 3 2 66.67% ERS 3 2 66.67% Commendium Ltd 3 2 66.67%
117 Cumbria Waste Management Limited 6 4 66.67% METCALFE PLANT HIRE LTD 3 2 66.67% Incorporate Digital 3 2 66.67% Peill & Company 3 2 66.67% Bluetree Development and Learning Ltd 3 2 66.67% Age UK South lakeland 3 2 66.67% Birse civils 3 2 66.67% Pete's Taxis 3 2 66.67% jacks taxis 35 23 65.71% a&r travel 58 37 63.79% Geoff's Taxi's 11 7 63.64% Bela Cars 16 10 62.50% allerdale rural transport 81 50 61.73% The Travellers Choice 74 45 60.81% Porter Brown Solutions 5 3 60.00% Taxigaz 15 9 60.00% DALTON CARS LTD 5 3 60.00% LA7 taxi 52 31 59.62% Tony Moynan 7 4 57.14% blueworks taxis ltd 7 4 57.14% S. H. Brownrigg 7 4 57.14% clarkson coachways ltd 16 9 56.25% ICTravel 61 34 55.74% Downton Travel Ltd 38 21 55.26% BD Taxis 11 6 54.55% John Hoban Travel Ltd 85 46 54.12% AL'S TRAVEL 13 7 53.85% top notch contractors ltd 15 8 53.33% Way Ahead 2 1 50.00% JWW Allison and Sons Ltd 2 1 50.00% Dodd & Co 6 3 50.00% Integration 4 2 50.00% Urwin Cumbria 2 1 50.00% Crabtreewood Limited 2 1 50.00% Age UK Trading Ltd 2 1 50.00% Impact Housing Association (Eden Rural Foyer) 4 2 50.00% Tesco instore Pharmacy 2 1 50.00% Penrith Health Center (PD) Consortium ltd 2 1 50.00% Grasmere Pharmacy 2 1 50.00% Alston Pharmacy Ltd 2 1 50.00% Age Concern Northwest Cumbria 2 1 50.00% Connexions Group 6 3 50.00% Unwin Jones Partnership 4 2 50.00% Ashcroft Plant (Cumbria) Ltd 6 3 50.00% The Oaklea Trust 2 1 50.00% The Green Tree Pharmacy Ltd 2 1 50.00%
118 A F NORMAN CHEMISTS LTD 2 1 50.00% Sarah Mantell Coaching 2 1 50.00% Jenny Braithwaite.com 2 1 50.00% Whitehaven Healthcare ltd 2 1 50.00% Inspira Cumbria Limited (Trading as Inspira) 4 2 50.00% B & J Metals(Skip Hire) Ltd 2 1 50.00% Changing Perspective Ltd 2 1 50.00% Let's Talk Shop Ltd 2 1 50.00% MJE Hospitality 2 1 50.00% Samuel Sheldon Ltd. 2 1 50.00% Carers Support Cumbria 2 1 50.00% A B Safety Limited 2 1 50.00% David Thornley 2 1 50.00% H Jobson & Son 2 1 50.00% Staveley Healthcare Mtd 2 1 50.00% Eden Taxis 40 20 50.00% E L F TRAVEL 2 1 50.00% KAYS AGENCY 2 1 50.00% Robert Benson Coasches Ltd 6 3 50.00% Mally Douglas paving & civils contractors 2 1 50.00% Skydrivers 10 5 50.00% David 16 8 50.00% Thomson Travel 2 1 50.00% C R Reynolds Ltd 4 2 50.00% sparkys taxis 2 1 50.00% Euro Environmental Group Ltd 2 1 50.00% G-taxis 2 1 50.00% CASTLE TAXIS 40 19 47.50% O'Connell & Bean (M&E) Ltd 11 5 45.45% Ian's Midi Coaches 11 5 45.45% brampton cars 9 4 44.44% Airbus 2000 ltd 43 19 44.19% Global Service Group 7 3 42.86% Beeline Taxis Limited 110 46 41.82% D and B Taxis 12 5 41.67% Lakeland Commercials Ltd., 22 9 40.91% Murray Gibson Services Ltd 5 2 40.00% H&K Travel 45 18 40.00% C M Taxis 13 5 38.46% Paul T Miller enterprises 60 23 38.33% Stagecoach in Cumbria & North Lancashire 68 26 38.24% B&E Travel 69 26 37.68% K & B Travel Ltd 23 8 34.78% Crimson Chameleon Ltd 3 1 33.33% Performance Advisory 3 1 33.33% disability association carlisle & eden 3 1 33.33% Favell and Co 3 1 33.33%
119 Border Construction Limited 12 4 33.33% M & V CARS 3 1 33.33% Carrs Coaches 9 3 33.33% Anderson's of Langhom 9 3 33.33% ECONOMICAL TAXIS LTD 3 1 33.33% Thomas Armstrong Construction Limited 22 7 31.82% CITY TAXIS 51 16 31.37% Town Taxis Penrith 48 14 29.17% Capita Property and Infrastructure 35 10 28.57% central cars & couriers limited 21 6 28.57% Joe Roocroft and sons ltd 7 2 28.57% Protek Fencing Ltd 7 2 28.57% Village Taxi 62 17 27.42% Roland Hill (Parsonby) Ltd 23 6 26.09% Blue Star Taxis (Kendal) Ltd 35 9 25.71% freefone taxis 91 23 25.27% Metro Taxis 99 25 25.25% Ward Group 4 1 25.00% Stobbarts Ltd 28 7 25.00% PPM Ltd 4 1 25.00% Brathay 4 1 25.00% Mountain Goat 4 1 25.00% William Pye Ltd 4 1 25.00% Balfour Beatty Civil Engineering Ltd 4 1 25.00% Smiths 25 6 24.00% pauls taxis ltd 13 3 23.08% Ambleside Taxis Ltd 57 13 22.81% Reays taxis 148 33 22.30% West House 5 1 20.00% COX & ALLEN (KENDAL) LTD 5 1 20.00% The Social Resource Centre Limited 5 1 20.00% paul casey 119 23 19.33% Lakeside Private Hire 32 6 18.75% Michael Thompson Limited 11 2 18.18% Davies Taxis 22 4 18.18% WYG Engineering Ltd 26 4 15.38% URS Infrastructure & Environment UK Limited 20 3 15.00% Cubby Construction Ltd 7 1 14.29% Architects Plus (UK) Ltd 7 1 14.29% Story Contracting Limited 8 1 12.50% Kevin Dixon 41 5 12.20% Lambert-Gill Ltd 10 1 10.00% MAYSON BROS LTD 11 1 9.09% r & r travel 56 5 8.93% Executive Cabs Ltd 13 1 7.69% Gosforth taxis 72 5 6.94% k cars kendal 15 1 6.67%
120 Barry's Taxi 19 1 5.26% stainburn travel 40 2 5.00% Caldew Coaches Ltd 127 6 4.72% Fye's Executive Travel Ltd (T/A Cleator Bus) 75 2 2.67% Saeed LTD 1 0 0.00% Howgill Family Centre 1 0 0.00% Coulson Associates Ltd 4 0 0.00% Unique Solutions Training and Coaching 2 0 0.00% Dalston Pharmacy 1 0 0.00% Telus Limited 1 0 0.00% Kym Allan Health and Safety Consultants Ltd 1 0 0.00% c davidson contractors 2 0 0.00% flookburgh.com ltd 1 0 0.00% Walsh Care Services 1 0 0.00% Training Works 1 0 0.00% POD Learning Ltd 2 0 0.00% Johnston and Wright architects 3 0 0.00% CATERITE FOOD & WINE SERVICE 1 0 0.00% Eden Housing Association 1 0 0.00% Eden Mind 1 0 0.00% DeafVision 2 0 0.00% Tyla Services Limited 2 0 0.00% Safety Net Advice and Support Centre 1 0 0.00% H & H Bowe Ltd 1 0 0.00% Walsingham 1 0 0.00% West Cumbria Carers 1 0 0.00% David Carter Chemists Ltd 1 0 0.00% Cumbria Training Services 2 0 0.00% Superdrug 1 0 0.00% Sainsbury's 1 0 0.00% L & W Wilson (Endmoor) Ltd 1 0 0.00% Joseph Cowper ltd 1 0 0.00% Adams, Read & Hocking (Funeral Directors) Ltd 2 0 0.00% Damson Trust 1 0 0.00% trinity pharma ltd - castlegate pharmacy 1 0 0.00% Lowther & Dawson (Kendal) Ltd 2 0 0.00% Intelligently Wired 2 0 0.00% homelife Carlisle 1 0 0.00% Rich Mind Rich Life 1 0 0.00% ABSOLUTE DIGITAL PRINT LTD 1 0 0.00% Kencomp Internet Ltd 1 0 0.00% Alneburgh Pharmacy Ltd 1 0 0.00%
121 George Hudson & Sons Ltd 2 0 0.00% PS Business Matters 1 0 0.00% Centric Office Solutions Ltd 2 0 0.00% Reeds Printers 2 0 0.00% Metroplan Ltd 1 0 0.00% Askins & Little Stonemasonry Specialists 4 0 0.00% Chrysalis Transformational Learning 1 0 0.00% LIfe Coach Me 2 0 0.00% LECK CONSTRUCTION LTD 9 0 0.00% Beacon Interim Management Limited 1 0 0.00% H.S.Dobie Chemist Ltd 1 0 0.00% GT Joinery & Building Contractors 1 0 0.00% john coward architects 2 0 0.00% Day Cummins Limited 16 0 0.00% Wingspan Consulting Ltd 5 0 0.00% Sinkfall Recycling Ltd 2 0 0.00% Sawyers Pharmacy 1 0 0.00% D. C. Studholme 1 0 0.00% Nina Kathryn Claridge Photography 1 0 0.00% Gray Associates Limited 1 0 0.00% jh sandham chemists 1 0 0.00% Tuschem Ltd 1 0 0.00% d h wilson ltd 1 0 0.00% Frank Roe Coaching Ltd 2 0 0.00% North Lakes Foods 1 0 0.00% Firpress Printers 2 0 0.00% Stand & Deliver 2 0 0.00% Families Matter 1 0 0.00% I.T.Shaw Ltd 3 0 0.00% Hyproformance Ltd 1 0 0.00% mbi Office Ltd 1 0 0.00% WICKS 1 0 0.00% growing concerns 1 0 0.00% Tony Brown Aggregates Ltd 1 0 0.00% Paul Teague Marketing Ltd 2 0 0.00% City Electrical Factors 1 0 0.00% T T Kirkbride Agricultural Contracting Services Ltd 1 0 0.00% Michael Walsh Funeral Directors 1 0 0.00% Northern Link TDC Ltd 1 0 0.00% Little & Caine Funeral Directors 1 0 0.00% Art Gene Ltd 1 0 0.00% HARRY BARKER PROPERTIES LTD 2 0 0.00% Ruth Holden Professional Training 1 0 0.00%
122 Annie Mawson's Sunbeams Music Trust 2 0 0.00% Sarah Short 2 0 0.00% DevelopChange Ltd 1 0 0.00% Portakabin LTD 1 0 0.00% Print Point Carlisle 2 0 0.00% PFD (carlise) Ltd 1 0 0.00% cook and lakin 1 0 0.00% Windermere Health Centre Pharmacy Limited 1 0 0.00% South Lakeland Carers 1 0 0.00% West Coast Composting 1 0 0.00% Adam Wellings Consulting Limited 1 0 0.00% superdrug 1 0 0.00% URS Infrastructure & Environment UK Limited 1 0 0.00% Charlotte Davies 2 0 0.00% Coward Pharmacy Ltd 1 0 0.00% Red Research 1 0 0.00% Brightspark Marketing 3 0 0.00% Inglewood Hospitality Associates 3 0 0.00% Orian Solutions Ltd 1 0 0.00% boots the chemist 1 0 0.00% Carlisle CArers 1 0 0.00% Collins and Butterworth Ltd 1 0 0.00% Cumbria Mechanical Ltd 1 0 0.00% Eden Carers 1 0 0.00% Edmundson Electrical Ltd 1 0 0.00% Furness Carers 1 0 0.00% JN Murray Ltd 1 0 0.00% Palacio Consulting Ltd 2 0 0.00% Thomas Bell Chemist Ltd 1 0 0.00% w fare ltd 1 0 0.00% BMG Research 1 0 0.00% Social Market Research 1 0 0.00% The Colt Car Copany Ltd 1 0 0.00% Walker Morris 1 0 0.00% Andes taxis 3 0 0.00% Matchbox Associates Limited 1 0 0.00% O'Malley Plant Hire Ltd 1 0 0.00% Profitable Manufacture 1 0 0.00% Oxford Innovation Services Limited 1 0 0.00% EDIdeas 1 0 0.00% karl tyson 1 0 0.00% Wise Owl Associates Ltd 1 0 0.00% Tyne Valley Coaches Limited 2 0 0.00% Sal's Cars 1 0 0.00% Hopper Stevens Consultancy 1 0 0.00%
123 Cairn Community Partnerships 1 0 0.00% gordon Crosson 2 0 0.00% Tracy Hunnam Associates 1 0 0.00% Euromark GB Ltd 1 0 0.00% IVITA Learning 1 0 0.00% Lakes & Bay Communications 1 0 0.00% Xceeda Group Ltd 1 0 0.00% Leap Organisation Ltd. 1 0 0.00% Carl Saunders Fencing Limited 7 0 0.00% Alfa Tail Lifts Ltd 1 0 0.00% Radero Limited 1 0 0.00% Hodgson's Coaches Ltd 3 0 0.00% Tameside MBC 1 0 0.00% The Riverside Group Ltd 2 0 0.00% LafargeTarmac Trading Limited 3 0 0.00% kent estuary travel t/a milnthorpe taxi services 26 0 0.00% Luther Communities Limited 1 0 0.00% frank virtual 1 0 0.00% The Neil Martin Group Ltd 1 0 0.00% Ross Boyd Limited 1 0 0.00% Irving of Dalston 9 0 0.00% Aggregate Industries UK Ltd 3 0 0.00% Colin Briscoe Construction Limited 1 0 0.00% Dowhigh Limited 1 0 0.00% Timmins Roofing 1 0 0.00% 848848 Taxis Ltd 5 0 0.00% JL Advisory LLP 1 0 0.00% Cumbria Business Consultancy 1 0 0.00% VolkerLaser 1 0 0.00% Steve Curtis Consulting 1 0 0.00% Quality A B C 1 0 0.00% Gary Hawthorne 1 0 0.00% GreeningtheMarket Ltd 1 0 0.00% IM Advisory Limited 1 0 0.00% Robinsons Coaches 10 0 0.00% Eddie Wiles 1 0 0.00% Fresh Business Services Ltd 1 0 0.00% fulwood roofing services (northern) ltd 1 0 0.00% J . MAGUIRE TRAVEL LTD 1 0 0.00% Jacky York Marketing 1 0 0.00% JN Bentley Ltd 4 0 0.00% RADsite Ltd 1 0 0.00% Raison Consultancy Ltd 1 0 0.00% Social Re:Focus 1 0 0.00% The Dutchman 1 0 0.00%
124 Tysons of Cumbria 3 0 0.00%
125 This page is intentionally left blank Agenda Item 14
SCRUTINY MANAGEMENT BOARD Meeting date: 23rd January 2015 From: Senior Manager Policy and Scrutiny
Scrutiny Management Board Briefing
1.0 Purpose of Report
1.1 This report updates Scrutiny Management Board on the work of Scrutiny and any issues and developments that have occurred since the last meeting of SMB.
2.0 Issues for Scrutiny
2.1 Members are asked to:
Note the update on Scrutiny’s engagement in the strategic planning process.
Note the progress with the establishment of the Performance Working Group.
Consider the Scrutiny Work Programme and note the additional activity planned or underway as set out at 3.12
Note the outcome of the two Call Ins.
3.0 Background
3.1 Strategic Planning
3.2 Following a successful workshop on 5th November 2014 to which all non- executive Members were invited, SMB agreed a formal response to the Budget Consultation which was considered by Cabinet at their meeting of 18th December 2014. SMB’s report set out a number of broad issues as part of the feedback; as well as commentary on a number of specific proposals.
3.3 Cabinet welcomed the report from SMB with comments made about the effective engagement that had taken place this year with the involvement of Scrutiny in the consultation process being recognised as adding value to the richness of feedback that Cabinet hoped to receive during the period of consultation and engagement.
127 3.4 Progress with the development of the Performance Working Group
3.5 At the previous meeting of SMB, Members agreed to establish a Performance Working Group for a trial period of one year in order to support the effective scrutiny of performance matters.
3.6 A volunteer was sought from each Board and places were also opened up to all other non-executive Members. The membership of the group is as follows:
Cllr Bill Wearing – SMB Cllr Duncan Fairbairn – Children and Young People Cllr Mark Wilson – Adults Cllr Henry Wormstrup – Communities and Place Cllr Christine Wharrier Cllr Geoff Cook Cllr Hilary Carrick Cllr Christine Bowditch
Cllr Val Tarbitt will act as first reserve.
3.7 The first meeting of the group took place on 13th January when the group agreed how it would operate. The group also took a preliminary look at the most recent Corporate Performance Score-card. The terms of reference are attached as Appendix one to this report for information. Appendix two is a diagram setting out how the work will be managed.
3.8 Reports on performance related issues will be made to the relevant Boards from the representatives on Performance Working Group and a general update on how the group is developing will be provided by the Senior Manager Policy and Scrutiny through future meetings of SMB.
3.9 Scrutiny Work Programme
3.10 The current programme of Task and Finish groups is provided for consideration as Appendix three. Reviews about to commence or recently completed have been on the Care Act, Sight Loss Services and Mental Health. Task and Finish group activity planned for 2015 includes consideration of LEP governance and a follow up to the Youth Council report on transport matters.
3.11 At recent and forthcoming Tripartite meetings consideration is being given to other potential areas of activity for Scrutiny – in particular opportunities to influence policy development as a number of key strategies and plans will be developed over the coming year.
3.12 Additional Scrutiny activity to note includes:
A Children and Young People Panel workshop on 27th January to consider the effective scrutiny of safeguarding issues which will review progress made
Page128 2 of 4 to date and the respective roles of Scrutiny, the Safeguarding Improvement Board and Local Safeguarding Children’s Board. Potential consideration of Children and Adolescent Mental Health Services dependant on broader Health Scrutiny Review findings on mental health services; and potential consideration of the approach to Child Sexual Exploitation A Member briefing session in February on schools Consideration of Adults Commissioning Strategy and Public Health Strategy to provide input to the development of these strategies A single topic Health Scrutiny meeting in January to update Members on the overarching position with services in North Cumbria to support further engagement anticipated later in 2015 with health partners The potential for involvement of Health Scrutiny (and possibly Adults) in a project with the Centre for Public Scrutiny on how non-medical interventions can support people with long term conditions. The particular areas of focus would be on exploring the benefits of self-care and community support The consideration by the Police and Crime Panel of the Police and Crime Commissioners proposed precept in January.
3.13 Call Ins
3.14 Two Call Ins have been received since the last meeting of SMB. These were in respect of the decisions taken at the Cabinet meeting of 27th November 2014 on the final business case for the new Carlisle office and the Fibre GarDen project.
3.15 The Call In meetings both took place on 6th January 2015. The FibreGarDen project was referred back to Cabinet. The Call In for the business case for the new Carlisle office was not supported.
4.0 Conclusion
4.1 With a wide range of activity taking place over the next few months Scrutiny has a number of opportunities to help shape policy and explore issues of underperformance.
Helen Blake Senior Manager Policy and Scrutiny 13 January 2015
129Page 3 of 4 Appendices
Appendix one – Performance Working Group Terms of Reference Appendix two – Working arrangements for Performance Working Group Appendix three – Scrutiny Work Programme
Previous Relevant Council or Executive Decisions No previous relevant decisions
Background Papers No background papers
Contact: Helen Blake 01228 226687 [email protected]
130 Scrutiny Performance Working Group
Terms of Reference
Purpose of the Working Group: The group will scrutinise a single high level corporate report containing information drawn from the 16 quarterly Service Plan performance reports. The single report will enable the group to focus on overall corporate performance, risk and budget, including progress against our Council Plan priorities.
The group will not scrutinise matters relating to performance on Children’s Safeguarding whilst the Council has an improvement notice as this is dealt with by the Children’s Board; however the working group will consider other performance issues relating to children and young people.
Chair: The Chair of SMB will chair the Performance Working Group.
Membership 8 elected Members in total One representative from each Board 4 additional volunteers from all non-executive members Cross Party Political representation is desirable The Chair and Vice Chair of SMB will make the final decision on membership of the group should there be more volunteers
Frequency of Meetings To be scheduled to take place at an appropriate time in the performance reporting cycle to enable reporting by exception to the appropriate Scrutiny Board and Cabinet of any issues of concern in a timely manner.
Reporting back from the group Scrutiny Board representatives to provide a regular overview to Scrutiny Board meetings of issues under consideration. SMB to receive a regular update on the development and operation of the Performance Working Group from the Senior Manager Policy and Scrutiny through Board Briefing reports to SMB.
Referrals from the group In cases where the working group feel formal consideration of an issue required from SMB or a Board (for example where directorate engagement proves challenging) the Working Group will provide a report on the issue to the relevant Board or SMB.
131 Support The Senior Manager Policy and Scrutiny and Senior Manager Performance and Risk will support the working group with additional support from a range of officers in the Policy and Scrutiny, and Performance and Risk Teams within the Resources Directorate. From time to time, the working group would also receive support from professional leads who will be invited to support the group to fulfil its role. Review
A review of the Performance Working Group will take place 12 months after its initial meeting. A report will be taken to SMB with lessons learned and options for improving performance scrutiny going forward.
Scrutiny Performance Group Members
Cllr Bill Wearing – SMB Cllr Duncan Fairbairn – Children’s Cllr Mark Wilson – Adults Cllr Henry Wormstrup – Communities and Place Cllr Christine Wharrier (Labour, West) Cllr Geoff Cook (Lib Dem, South Lakes) Cllr Hilary Carrick (Conservative, Eden) Cllr Christine Bowditch (Labour, Carlisle)
First reserve – Cllr Val Tarbitt (Conservative)
13.1.15
132 Scrutiny Performance Working Group – Arrangements for Effective Performance Scrutiny
Performance Working Group considers the quarterly Corporate Performance Report as a starting point for identifying critical areas for performance scrutiny (Support provided by Policy and Scrutiny Team)
Identified performance issue explored in more detail by the Performance Working Group - considering a range of data provided by the Cumbria Intelligence Observatory/ Directorates/ Services /other data sources eg benchmarking. Prfessional leads invited to support the group to fulfil its role on a topic led basis. (Support provided by Performance and Intelligence Team) 133
Feedback/ recommendations for action provided to Directorate by Performance Working Group. (Headlines reported back to relevant Board for information in Board Briefings by Policy and Scrutiny Team. Ideally the Performance Working Group would oversee progress and improvement to resolution stage, however if issues are so significant that they warrant Board input the Performance Working Group will refer the issue to the relevant Scrutiny Board)
SMB receive overview updates on activity of the Performance Working Group through the Senior Manager Board Briefing to SMB This page is intentionally left blank Scrutiny Panel Review Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Comments Support
SMB
An in depth examination to enable scrutiny members to Impementation of the Care Act Adults Scrutiny SMB Cabinet David Stephens understand and influence how the Council is planning to implement the requirements of the Care Act.
Adult's Scrutiny Moderisation of Services for Older Examining various aspects of older people's care, including People (On Hold following addition David Stephens social isolation, use of technologies and other measures for Advisory Board of Care Act Review) supporting people into older age
Future of learning disability To examine how this service works for the people of Cumbria, Scoping Review in progress SMB Cabinet David Stephens services direction of travel and any improvements that may be made
CAMHS (Child and Adutl Mental Potential Task Group to be arranged following February Board Linda Graham Health Services) meeting Children's Scrutiny Advisory Board Transport for Young People Joint Task Group with Communities Linda Graham timing to be agreed and Place
Ongoing performance of Ongoing performance of safeguarding issues safeguarding issues 135 Review into potential suggestions from members for inlusion in Local Enterprise Partnership Task Scopi ng Review in progress SMB Cabinet Linda Graham future Growth Bids and to compare which LEPs have received Group more funding this year and why Communities and Place Transport for Young People Joint Linda Graham referred to scrutiny from Cabinet - timing to be agreed. Task Group with CYP
This review has been reconvened to look at the Mental Health Service Provision Health Scrutiny David Stephens implementation of the recommendations of the review of mental health services
Health Scrutiny Public Health and Health Recruitment and Review in progress David Stephens potential review lookng at public health and health inequalities Committee Inequalities Scoping
single day review looking at sight loss services and the overall Sight Loss Services Health Scrutiny Cabinet David Stephens approach throughout Cumbria This page is intentionally left blank