Meeting of the Council of The City and County of Swansea 22nd October 2009 at 4.00pm COUNCIL SUMMONS
You are hereby summoned to attend a Meeting of the COUNCIL OF THE CITY AND COUNTY OF SWANSEA to be held in the Council Chamber, Civic Centre, Swansea on Thursday, 22nd October 2009 at 4.00 p.m.
The following business is proposed to be transacted:
1. Apologies for Absence.
2. To Receive Disclosures of Personal and Prejudicial Interests from Members in accordance with the provisions of the Code of Conduct adopted by the City & County of Swansea.
(NOTE: You are requested to identify the Agenda Item / Minute No. Planning Application No. and Subject Matter to which the interest relates).
3. To receive and sign as correct records the Minutes of the following meetings:-
(1) Extraordinary Meeting of Council held on 10th September 2009. 6-7 (2) Ordinary Meeting of Council held on 10th September 2009. 8-21
4. Presiding Officer’s Announcements
5. Leader’s Announcements
6. Public Questions Questions must relate to matters on the open part of the Agenda of the meeting and will be dealt within a ten minute period.
7. Public Presentations – None.
8. Presentation – Quality and Standards in Education and Training in 22-59 Wales by ESTYN (Report attached)
9. Cabinet Member Report(s)
(A) Environment Portfolio (1) Petition – Requesting Safety Measures in the Vicinity of Ysgol Gynradd 60-63 Gymraeg Lon Las, Llansamlet. (2) Petition – Requesting Traffic Calming Along Danygraig Road, Port 64-66 Tennant.
(B) Business Improvement & Efficiency and Finance Portfolio’s (1) Delegation of Power to Make Decisions in Relation to Pensions 67-109 Matters.
(C) Community Leadership and Democracy (1) Membership of Committees. 110-111
2 (D) Finance (1) Treasury Management Annual Report 2008/09. 112-133
(E) Economic & Strategic Development and Housing Portfolio’s (1) Affordable Housing Delivery Statement. 134-177
10. Report of the Corporate Director(Social Services) (1) Child & Family Services. 178-189
11. Joint Report(s) of the Presiding Officer and Monitoring Officer (1) Amendment to the Constitution – Procedure Regarding Notices of 190-194 Motion – Council Procedure Rule 11. (2) Amendment to the Constitution – Council Questions - Procedure Rule 195-198 15.
12. Report of the Presiding Officer (1) Overview & Scrutiny Annual Report. 199-223
13. Report from Head of Communications, Overview and Scrutiny (1) Review of Youth Offending Service (YOS) Inspection. 224-237
14. Report from Finance, Audit & Business Improvement Overview Board (1) Notice of Motion Referral – “Are We Being Served?” – The Report of 238-326 the Councillor Commission Expert Panel for Wales.
15. Joint Report of the Head of Communications and Overview & Scrutiny Coordinating Group (1) Overview & Scrutiny Strategic Work Programme 2009/10 - Update. 327-335
16. Councillors’ Questions under Council Procedure Rule 15 336-354
17. Notice of Motion from Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, R Stewart, M Child, R Francis-Davies, C Richards and P Matthews
Swansea should be rightly proud of the participation of pupils and young people in arts activity. Swansea has an enviable record in regards to Arts in Education because of the innovative and excellent work done by it & its predecessor authorities. However, it is understood that a consequence of the ongoing LEA review and restructuring, is that posts have been deleted from the Education Advisory Service, specifically the Co-ordinator for the Arts.
Council therefore calls upon the relevant Cabinet Member to advise Council how the outstanding work that has been done in regards to encouraging both pupil participation and the promotion, support and facilitation of such activity in and between schools and other organisations is to be maintained in the future.
3 18. To authorise the affixing of the Common Seal to any document necessary to carry into effect any resolution passed or confirmed at this meeting.
David Daycock Head of Legal and Democratic Services Civic Centre Swansea 15th October 2009 To: All Members of the Council
4 Item No. 2
Disclosures of Personal Interest from Members
To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.
NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.
1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.
2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)
3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).
4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.
5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -
- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature
Z:\Committees\A Agenda Pack\Council\2008-09\08 June 26\02 - Disclosures of Personal Interest.doc
5 Item No. 3 (1)
CITY AND COUNTY OF SWANSEA
MINUTES OF THE EXTRAORDINARY COUNCIL OF THE CITY AND COUNTY OF SWANSEA
HELD AT CIVIC CENTRE, SWANSEA ON THURSDAY, 10 SEPTEMBER 2009 AT 2.30 P.M.
PRESENT: Councillor E W Fitzgerald (Presiding Officer) presided
Councillor(s): Councillor(s): Councillor(s):
V N Abbott D I E Jones D Phillips V A Bates Hughes M R Jones C L Philpott N S Bradley S M Jones D Price J E Burtonshaw A Jopling T H Rees M C Child J B Kelleher I M Richard A R A Clement R H Kinzett J C Richards A C S Colburn E T Kirchner D A Robinson W J F Davies R D Lewis M Smith A M Day A Lloyd R J Stanton C R Doyle R J Lloyd D G Sullivan J Evans P M Matthews C Thomas W Evans P N May D W W Thomas R Francis-Davies P M Meara L G Thomas M J Hedges J T Miles J M Thomas C A Holley W K Morgan N J Tregoning N A Holley H M Morris S M Waller Thomas P R Hood-Williams B G Owen J Woodman D T Howells
ALSO PRESENT:
Members of the Intervention Board:
His Honour Judge Graham Jones Rose Seabourne Colin Berg
34. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors P M Black, J B Hague, D H Hopkins, B J Hynes, D H James, J W Jones, M H Jones, K E Marsh, J Newbury, G Phillips, S J Rice, P B Smith, R L Smith, R Speht, R C Stewart, D P Tucker and G Seabourne.
6 Minutes of the Extraordinary Meeting of the Council (10.09.09) Cont’d
35. DISCLOSURES OF INTEREST
In accordance with the provisions of the Code of Conduct adopted by the City & County of Swansea, no interests were declared:
36. PRESIDING OFFICER’S ANNOUNCEMENTS
None
37. LEADERS ANNOUNCEMENTS
None
38. BRIEFING SESSION FOR MEMBERS
The Cabinet Member for Social Services welcomed members of the Intervention Board to the Council meeting.
Steve Walker (Head of Child & Family Services) gave a PowerPoint presentation to Members on the following subject areas:
• Corporate Parenting.
• Safeguarding Children
Councillors asked a number of questions in relation to the presentation, all of which were answered fully and frankly.
RESOLVED that:
(1) The presentation be noted;
(2) Copies of the PowerPoint presentation be circulated to all Members;
(3) The Corporate Director (Social Services) make the Child and Family Services emergency telephone numbers available to all Councillors.
39. COMMON SEAL
RESOLVED that the Common Seal be affixed to any necessary documents to bring into effect any decisions taken at this meeting.
The meeting ended at 3.45 p.m.
CHAIRMAN
S: Extraordinary Council – 10 September 2009 (GB)
7 Item No. 3 (2)
CITY AND COUNTY OF SWANSEA
MINUTES OF THE COUNCIL OF THE CITY AND COUNTY OF SWANSEA
HELD AT CIVIC CENTRE, SWANSEA ON THURSDAY 10TH SEPTEMBER 2009 AT 4.00 P.M.
PRESENT: Councillor E W Fitzgerald (Presiding Officer) presided
Councillor(s): Councillor(s): Councillor(s):
V N Abbott B J Hynes D Phillips V A Bates-Hughes D H James C L Philpott P M Black D I E Jones D Price N S Bradley J W Jones T H Rees J E Burtonshaw M H Jones S J Rice M C Child M R Jones I M Richard A R A Clement S M Jones J C Richards A C S Colburn W E A Jones D A Robinson W J F Davies A Jopling M Smith A M Day J B Kelleher P B Smith C R Doyle R H Kinzett R L Smith J Evans E T Kirchner R J Stanton W Evans R D Lewis D G Sullivan R Francis-Davies A Lloyd C Thomas M E Gibbs R J Lloyd D W W Thomas J B Hague K E Marsh L G Thomas M J Hedges P M Matthews J M Thomas C A Holley P N May N J Tregonning M A Holley P M Meara D P Tucker P R Hood-Williams J T Miles S M Waller-Thomas D H Hopkins W K Morgan J Woodman D T Howells B G Owen
40. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors G Seabourne, R Speht, P B Smith, G Phillips, H M Morris, J Newbury and R C Stewart.
41. DISCLOSURES OF INTEREST
The Deputy Head of Legal and Democratic Services gave advice regarding declarations of interest in relation to items on the Council summons, particularly in relation to the delegation of power to make decisions in relation to pension matters. He advised that the report related to the mechanics of how the Authority dealt with pension matters.
8 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea, the following interests were declared:
Councillor M J Hedges - Item No. 7 - public presentation Swansea and Gorseinon Colleges - Council appointed governor - personal.
Councillor N A Holley - Item No. 16 - related to employment with Tesco - personal and prejudicial and left the meeting during discussion thereof.
Councillor J T Miles - Item No. 7 - public presentation Swansea and Gorseinon Colleges - governor of Gorseinon College - personal.
Councillor D Phillips - Item Nos. 8(C)(i) and 8(C)(ii) - partner is an employee of Swansea University. Left the meeting during discussions thereof.
Councillor S J Rice - Item No. 7 - public presentation Swansea and Gorseinon Colleges - governor of Swansea College - personal.
Councillor D G Sullivan - Item No. 8(A)(ii) - son and daughter-in-law are employees of the Authority - personal and prejudicial and left the meeting during discussions thereof. Item No. 8(C)(ii) - Member of Llangyfelach Community Council (one of the respondees) but absent from that Body when planning matters are discussed - personal.
Councillor C Thomas - Item No. 8(A)(ii) - member of the pension scheme - personal.
42. MINUTES OF COUNCIL
RESOLVED that:
(1) Minutes of the Ordinary Meeting of Council held on 30th June 2009 be accepted as a correct record subject to the following amendments:
Minute No. 15 - Disclosures of Interest
Amend the second and third sentences to read: “he advised that as Councillors allowances and expenses affect all Members, Members should declare a personal interest under the Code. However, this would not be a prejudicial interest…”.
9 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
Minute No. 17 - Presiding Officer’s Announcements - Condolences
The reference to Aronwy Thomas-Ellis be amended to Aeronwy Thomas-Ellis.
43. PRESIDING OFFICER’S ANNOUNCEMENTS
Prime Warden of the Guild of Mace Bearers
The Presiding Officer congratulated Steve Dennis, Civic Officer to the Lord Mayor of Swansea on his induction as the Prime Warden of the Guild of Mace Bearers, the first person in Wales to hold the position in the Guild’s 75 year history.
The Team around the Child (TAC) Scheme
The Presiding Officer presented David Jenkins, Head Teacher of Pentrehafod School with an award for the success of a project aimed at supporting vulnerable young people and helping them reach their full potential. The Team Around the Child (TAC) Scheme was focussed on young people who had unmet needs and required support from more than one agency or service to meet those needs. The project was being piloted in the Pentrehafod area and some of the groups involved included Pentrehafod School, Social Services, the Youth Offending Services, the Police and Swansea Youth Service.
Condolences
The Presiding Officer referred to the sad passing of former County Councillor Cornelius (Con) Moriarty, who was Labour Councillor for the Morriston Ward until 1996. All those present stood as a mark of respect.
The Presiding Officer also referred to the sad passing of Professor David Williams, who was the first Chancellor of Swansea University after being elected in 2007.
Councillors’ Questions
The Deputy Head of Legal and Democratic Services issued an apology to Councillors R L Smith, M E Gibbs and G Seabourne as a result of their Councillor Question not being included in the agenda papers. He added that the error had been a mistake within his Department and the matter was being investigated further.
10 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
44. LEADER’S ANNOUNCEMENTS
Congratulations to Staff
The Leader congratulated all staff of the Authority who had been involved in the rebuilding and reopening of Penyrheol Comprehensive School.
Estyn Inspection
The Leader congratulated the Education Department for the excellent Estyn Inspection that was completed last June. He added that the inspection report was one of the finest received by any Authority in Wales and the Department had top marks for promoting the wellbeing of children, inclusion and for the strategic aim of reducing those not engaged in education, employment or training at the age of 16 (NEETs).
45. PUBLIC QUESTIONS
Five questions were asked.
Mr A Beddow asked two questions in relation to Item 12 (1). The Cabinet Member for Social Services and the Leader responded. The Cabinet Member for Social Services indicated that a written response would be provided and all Members would receive a copy.
Mrs L Davies asked two questions in relation to Item 12 (1) - Child and Family Services and the Leader provided responses.
Mr A Beddow asked a further question in relation to Item 8(A)(i) - Corporate Improvement Plan 2009-12. The Cabinet Member for Economic and Strategic Development indicated that a written response would be provided and that all Members would receive a copy.
46. PUBLIC PRESENTATION
Nick Bennett and Jeff Gunningham, Principals of Gorseinon and Swansea Colleges gave a presentation regarding the proposed merger of the two colleges and the relocation of Swansea College to a possible new site in the city centre.
47. CORPORATE IMPROVEMENT PLAN 2009/12
The Cabinet Members for Business Improvement and Efficiency and Finance reported the Corporate Improvement Plan 2009/12. The plan summarised actions and targets agreed for delivery during the current
11 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
reporting year 2009-10 and future years up to 2012 and provided a commentary on progress made on achieving targets, mitigating risks and undertaking actions since 2008-9.
An amendment was moved by Councillor R Francis-Davies, seconded by Councillor J E Burtonshaw to defer the matter.
The amendment was carried.
RESOLVED that:
(1) the Corporate Improvement Plan 2009-12 be deferred;
(2) an Extraordinary Council Meeting be organised in order to discuss the report.
48. DELEGATION OF POWER TO MAKE DECISIONS IN RELATION TO PENSION MATTERS
The Cabinet Members for Business Improvement and Efficiency and Finance informed Council of the necessity to put in place a clear line of delegation with the power to make decisions in relation to pension matters. The report was in light of substantial changes to the Local Government Pension Scheme Regulations and also to set up an internal dispute resolution procedure in accordance with the LGPS Regulations.
The following recommendations were made in the report:-
(1) the power to make decisions and exercise all discretions in relation to the Local Government Pension Scheme be delegated to:
(i) the Pension Fund Investment Panel for matters relating to the Administering Authority;
(ii) the Head of HR in conjunction with the Head of Finance, acting on behalf of the Employing Authority, for matters requiring a decision by the employer;
(2) the Internal Dispute Resolution Procedure recommended herein be adopted;
(3) the Pension Fund Investment Panel be renamed the Pension Fund Panel;
(4) the scheme of delegation be amended to reflect the changes;
12 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
(5) the terms of reference of the Pension Fund Panel be amended to include the power to make decisions and determine the discretions of the Administering Authority;
(6) the terms of reference of the Employing Authority be agreed;
(7) the Council Constitution be amended to reflect the changes agreed.
RESOLVED that the changes set out in the recommendations be agreed in principle and a further report be made to the next Council meeting explaining the detailed reasons requiring the changes and showing the required changes to the Constitution.
49. MEMBERSHIP OF COMMITTEES/OUTSIDE BODIES
The Cabinet Member for Community Leadership and Democracy reported that the Council at its annual meeting on the 11th May 2009 had agreed membership of the various Committees/Boards as reflected in the lists submitted by the political groups. He indicated that the groups had since submitted further changes/nominations which were outlined. He also referred to an addendum report which was circulated, as it had been prepared since the Council papers had been published.
RESOLVED that the following changes be approved:
Area 1 Development Control Committee
(1) Remove Councillor N S Bradley as a Voting Member and replace as a Non-Voting Member;
(2) Remove Councillor H M Morris as a Voting Member and replace as a Non-Voting Member;
(3) Add Councillor G. Seabourne as a Voting Member;
(4) Add Councillor R L Smith as a Voting Member.
Area 2 Development Control Committee
(1) Remove Councillor A Jopling and replace with Councillor V A Bates-Hughes as a Voting Member;
(2) Remove Councillor P R Hood-Williams as a Voting Member and replace as a Non-Voting Member.
(3) Add Councillor G Seabourne as a Voting Member.
13 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
Chief Officers’ Disciplinary Committee
(1) Remove Councillor J C Richards and replace with Councillor R L Smith.
Chief Officers’ Disciplinary Appeals Committee
(1) Remove Councillor N S Bradley and replace with Councillor M E Gibbs;
(2) Remove Councillor D H Hopkins and replace with Councillor G Seabourne.
Environment Regeneration and Culture Scrutiny Board
(1) Remove Councillor P R Hood-Williams and replace with Councillor A C S Colburn;
(2) Remove Councillor J M Thomas and replace with Councillor N A Holley.
Finals Audit and Business Improvement Scrutiny Board
(1) Remove Councillor A Jopling and replace with Councillor J Evans.
Health Social Care and Wellbeing Scrutiny Board
(1) Remove Councillor M E Gibbs and replace with Councillor E T Kirchner;
(2) Remove Councillor R H Kinzett and replace with Councillor M Smith.
Children and Young People Scrutiny Board
(1) Remove Councillor J Evans and replace with Councillor D P Tucker.
Finance, Audit and Business Improvement Overview Board
(1) Remove Councillor N A Holley and replace with Councillor V N Abbott.
14 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
Challenge Panel
(1) Remove Councillor M E Gibbs and replace with Councillor J E Burtonshaw.
General Purposes Panel
(1) Remove Councillor M E Gibbs and replace with Councillor M Smith.
LEA Governor Panel
(1) Remove Councillor M Smith and replace with Councillor M E Gibbs.
Standards Committee Vacancy Panel
(1) Remove Councillor E T Kirchner and replace with Councillor R L Smith.
Trustees Panel
(1) Remove Councillor C R Doyle and replace with Councillor M E Gibbs;
(2) Remove Councillor E T Kirchner and replace with Councillor M Smith;
(3) Remove Councillor R C Stewart and replace with Councillor R L Smith.
Rota Visit Group
(1) Remove Councillor D T Howells and replace with Councillor S M Jones.
Fostering Panel
(1) Remove Councillor W J F Davies (term of office ends 30th September 2009) and replace with Councillor N J Tregonning.
15
Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
50. ESTABLISHMENT OF LOCAL DEVELOPMENT PLAN ADVISORY GROUP
The Cabinet Member for Economic and Strategic Development sought agreement in order to amend the Constitution to establish an advisory group of members to oversee the delivery of the Local Development Plan.
RESOLVED that the proposed amendments to the Constitution to establish an advisory group of Members as set out in the report be accepted.
51. LOCAL DEVELOPMENT PLAN DRAFT DELIVERY AGREEMENT - REPORT OF CONSULTATION
The Cabinet Member for Economic and Strategic Development informed Council of the representations received during the recent consultation on the Swansea Local Development Plan Draft Delivery Agreement. He sought views on the representations received, the reports responses to these representations and consequent amendments to the draft delivery agreement, with a view to agreeing the final version for submission to the Welsh Assembly Government for approval.
RESOLVED that:
(1) the proposed amendments to the Delivery Agreement set out in the report be approved;
(2) the Delivery Agreement, as amended, be approved and submitted to the Welsh Assembly Government for their approval.
52. PETITION REQUESTING ROAD CLOSURE ON PERIS ROAD AT THE CONWAY ROAD END IN PENLAN
The Environment Cabinet Member reported on a petition from residents of Perris Road and Heol Frank, Penlan expressing their concerns regarding the speed of motorists within the area.
Mr D Young made representations on behalf of the petitioners.
RESOLVED that the petition be noted but that no further action be taken.
16 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
53. PETITION CONCERNING THE EGRESS FROM GWALIA TERRACE ONTO THE MAIN GORSEINON ROAD, GORSEINON
The Environment Cabinet Member reported on a petition from residents who live on or around Gwalia Terrace expressing their concerns based on the difficulty of residents in motor vehicles had whilst exiting Gwalia Terrace onto Gorseinon Road.
RESOLVED that the petition be noted and that additional road markings, a warning sign and Traffic Regulation Orders be implemented to aid visibility for motorists at the junction.
54. PETITION REQUESTING A RESIDENTS ONLY TRAFFIC REGULATION ORDER OR A ONE WAY TRAFFIC REGULATION ORDER IN PENYWERN ROAD, CLYDACH, SWANSEA
The Cabinet Member for Environment reported on a petition from residents of Penywern Road, Clydach requesting residents parking and a one way system.
Mrs G Ellis made representations on behalf of the petitioners.
RESOLVED that the petition be noted and that the situation within Penywern Road be considered within a wider solution, incorporating surrounding streets subject to funding becoming available.
55. COUNCILLORS’ ICT WORKING GROUP
The Head of Legal and Democratic Services submitted a report which recommended that a Councillors’ ICT Working Group with a remit of considering issues regarding Councillors’ ICT should be established.
An amendment was moved by Councillor D Phillips, seconded by Councillor M H Jones to remove recommendation 3 from the report that the group be chaired by the Business Improvement and Efficiency Cabinet Member.
The amendment was carried.
RESOLVED that:
(1) A Councillors’ ICT Working Group be established;
(2) the group be exempt from the Political Proportionality Rules as prescribed by Section 15 of the Local Government and Housing Act 1989 in line with Section 17 of the above Act;
17 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
(3) the Group comprise of Councillors of all political groups as follows:
Swansea Administration 3 (Cabinet Member was included in the three SA Members), Labour 2, Conservative 1;
(4) the Group’s terms of reference as outlined be adopted.
56. AMENDMENTS TO THE COUNCIL CONSTITUTION
The Presiding Officer and Monitoring Officer jointly submitted a report detailing amendments to the Council Constitution.
An amendment was moved by Councillor D Phillips, seconded by Councillor M H Jones to delete the Leader of the Plaid Cymru group from the membership of the Chief Executive’s Appraisal and Remuneration Committee. The vacancy on the Committee would not be filled.
The amendment was carried.
RESOLVED that:
(1) the minor corrections outlined in paragraphs 2.2 to 2.4 be received for information only;
(2) the amendments to the Council Constitution listed in paragraph 3.2 of the report, as amended above, be adopted following the closure of the meeting.
57. RESPONSE TO REFERRAL OF NOTICE OF MOTION - UNITED CITIES AND LOCAL GOVERNMENT CAMPAIGN - STAND UP AND TAKE ACTION
The Head of Communications and Scrutiny reported the response of the Finance, Audit and Business Improvement Overview Board to the Notice of Motion on United Cities and Local Government Campaign - Stand Up and Take Action originally received by Council on the 15th January 2009.
RESOLVED that:
(1) the Corporate Director (Social Services) continues to ensure that the Stand Up and Take Action website was monitored to establish if an active promotion and awareness raising of the Millennium Development Goals will take place again on UN Eradication of Poverty Day in October 2009;
18 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
(2) that additional work is undertaken to communicate the good work already being done by the City and County of Swansea in respect of the Millennium Development Goals;
(3) a follow up report will be presented to the Board in the event of further action being undertaken with this campaign;
(4) the Council signs up to the United Cities and the Local Government Campaign - Stand Up and Take Action.
58. OVERVIEW AND SCRUTINY STRATEGIC WORK PROGRAMME 2009/10
The Presiding Officer submitted a report giving an update on the Overview and Scrutiny Strategic Work Programme for 2009/10.
RESOLVED the report be noted.
59. CHILD AND FAMILY SERVICES
The Corporate Director (Social Services) provided an update regarding Child and Family Services. He outlined the position regarding the overview of activity across Child and Family Services and stated that detailed analysis and discussion would continue to be addressed via the Child and Family Services Overview and Scrutiny Board.
RESOLVED that:
(1) the contents of the report be noted;
(2) the Corporate Director (Education) provides further information to Members regarding Looked After Children standards.
60. COUNCILLORS’ QUESTIONS UNDER COUNCIL PROCEDURE RULE 15
Further to the apology received from the Deputy Head of Legal and Democratic Services relating to the omission of the Council Question received from Councillors R L Smith, N E Gibbs and G Seabourne, no Councillor questions were discussed.
61. NOTICE OF MOTION FROM COUNCILLORS R H KINZETT, P R HOOD-WILLIAMS, M SMITH AND A C S COLBURN
“Council notes the report Are We Being Served?, authored by Welsh Assembly Government’s Councillor Expert Panel, looking into the future of local democracy in Wales.
19 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
Council notes the recommendations to the Minister, particularly those aimed at diversifying the demographic make up of Elected Members and strengthening the powers of backbenchers to hold decision makers in Local Government to enhanced levels of public accountability. Council believes that local democracy will be enhanced when Elected Members more accurately reflect the populations they serve. Council believes that the report challenges the Elected Members, group leaders, senior officers and political parties to act on recommendations which will improve Local Government.
Council resolves to mandate the group leaders and the Chief Executive to consider the report and to bring forward proposals to act on recommendations relevant to this Authority”.
RESOLVED that the Notice of Motion be referred to the Finance, Audit and Business Improvement Overview Board for consideration and also mandates the Group Leaders and Chief Executive to consider the report and to bring forward proposals to the next meeting of Council.
62. NOTICE OF MOTION FROM COUNCILLORS S J RICE, C A HOLLEY, J B HAGUE, A M DAY, M H JONES, P N MAY, D A ROBINSON, D G SULLIVAN, L G THOMAS, N J TREGONNING AND J NEWBURY
“Council calls on the Westminster Government and Welsh Assembly Government not to cut back on funding to Local Government in the forthcoming budget rounds. The Council urges them to give Local Government the priority that it deserves. Local Government plays an invaluable role in the delivery of essential services to local people.
Council notes that last year Swansea received a 2.9% rise from the Welsh Assembly Government, whereas the average settlement in England was 4.2% with the Welsh Assembly Government themselves receiving 4.4% from Westminster. The Council urges the Welsh Assembly Government and the Westminster Government not to devalue local services again in this next settlement announcement”.
RESOLVED the Notice of Motion be approved.
63. NOTICE OF MOTION FROM COUNCILLORS D PHILLIPS, J E BURTONSHAW, J T MILES, R C STEWART, R J LLOYD, P N MATTHEWS, R FRANCIS-DAVIES, M C CHILD, C THOMAS AND J C RICHARDS
“Council agrees to adopt the following motion as a standard condition on all planning applications in regards to supermarkets or other food retailers:
20 Minutes of the Council of the City and County of Swansea (10.09.09) Cont’d
01. The development shall include and operate an in store facility to allow customers to unpack prepacked products and dispose of any unwanted packaging for recycling by the store operator in accordance with details to be agreed in writing by the Local Planning Authority before the store opens for business. The facility shall be created in accordance with the agreed details or in accordance with any variation to the agreed details agreed by the Local Planning Authority in writing.
02. A scheme for the provision of litterbins to serve the development (which shall include a method of waste separation) shall be submitted to and improved in writing by the Local Planning Authority and the scheme as approved, shall be implemented when the use commences and shall be maintained thereafter, unless otherwise agreed in writing by the Local Planning Authority”.
RESOLVED that:
(1) the Notice of Motion be approved;
(2) the Head of Planning Services and Head of Legal and Democratic Services agree the correct terminology for other food retailers referred to in the motion.
64. COMMON SEAL
RESOLVED that the Common Seal be affixed to any necessary documents to bring into affect any decisions taken at this meeting.
The meeting ended at 8.15 p.m.
CHAIRMAN
S: Council - 10 September 2009 (JP/HCR) 16th September 2009
21 Item No. 8
Quality and standards in education and training in Wales
A report on the quality of
Swansea Local Authority Education Services
June 2009
by
Estyn, Her Majesty’s Inspectorate for Education and Training in Wales
22 The purpose of Estyn is to inspect quality and standards in education and training in Wales. Estyn is responsible for inspecting:
nursery schools and settings that are maintained by, or receive funding from, local authorities (LAs); primary schools; secondary schools; special schools; pupil referral units; independent schools; further education; adult community-based learning; youth support services; youth and community work training; local authority education services (LAES); teacher education and training; work-based learning; careers companies; offender learning; and the education, guidance and training elements of the Department for Work and Pensions funded training programmes.
Estyn also:
provides advice on quality and standards in education and training in Wales to the National Assembly for Wales and others; and makes public good practice based on inspection evidence.
Every possible care has been taken to ensure that the information in this document is accurate at the time of going to press. Any enquiries or comments regarding this document/publication should be addressed to:
Publication Section Estyn Anchor Court Keen Road Cardiff CF24 5JW or by email to [email protected]
This and other Estyn publications are available on our website: www.estyn.gov.uk
© Crown Copyright 2009: This report may be re-used free of charge in any format or medium provided that it is re-used accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the report specified.
23
Contents Page
Context 1
Background to the local authority 3
Summary 6
Recommendations 10
Findings: How good is the local authority’s performance and 11 will performance improve?
Strategic management 11 Support for school improvement 14 Promoting social inclusion and wellbeing 17 Additional learning needs (ALN) 19 Access and school organisation 20 Support services 22
The local authority’s response to the report findings 25
Appendix 1 Local authority performance data
Appendix 2 The grade profile
Appendix 3 The inspection team
24 A report on the quality of Swansea Local Authority Education Services, June 2009
Context
The inspection
1 Local authority (LA) service inspections are carried out under section 38 of the Education Act 1997 and the Children Act 2004. The inspection framework for this cycle is on the Estyn website www.estyn.co.uk.
2 This inspection took place from 8 June 2009 to 17 June 2009. This report focuses on the education services provided by the City and County Council of Swansea (the local authority). Before the inspection, the local authority undertook a review of its education services and produced a self-evaluation report as a part of its own review process.
Key judgements
3 The inspection team makes two key judgements about each service. These are:
(1) How good is the local authority’s performance?
4 The local authority’s performance in discharging its responsibilities is rated on a four-point scale as follows:
Grade 1 good with outstanding features
Grade 2 good features and no important shortcomings
Grade 3 good features outweigh shortcomings
Grade 4 shortcomings in important areas
(2) Will the local authority’s performance improve?
5 The prospects of improvement are rated on a four-point scale as follows:
Grade 1 improvement prospects are good, with significant improvements already in place
Grade 2 improvement prospects are good, with no major barriers
Grade 3 some good prospects, but barriers in important areas
Grade 4 many important barriers to improvement
25 A report on the quality of Swansea Local Authority Education Services, June 2009
Key questions
6 In order to make the two key judgements, inspectors evaluate the local authority’s performance in relation to each of four key questions:
• How effective is the local authority’s strategic planning?
• How effective are the local authority’s services?
• How effective are leadership and management?
• How well do leaders and managers monitor, evaluate and improve services?
7 These four key questions and the evaluations are set out in the findings section. They are recorded as grades, using the four-point scales set out at (1) and (2) above. All of the grades are included in the grade profile.
8 Estyn’s reports follow its guidance for the writing and editing of reports, which is available on the Estyn website (www.estyn.gov.uk). The table below shows the terms that Estyn uses and a broad idea of their meaning. The table is for guidance only.
Nearly all with very few exceptions Most 90% or more Many 70% or more A majority over 60% Half/around half close to 50% A minority below 40% Few below 20% Very few less than 10%
26 A report on the quality of Swansea Local Authority Education Services, June 2009
Background to the local authority
9 The City and County of Swansea covers an area of 378 square kilometres and includes Wales’ second largest city. It extends from Rhossili Down at the western edge of the Gower Peninsula to Kilvey Hill, Crymlyn Bog and the slopes of the Drummau Mountain on the eastern border with Neath Port Talbot. In the north, it reaches to parts of Clydach in the Swansea Valley and includes sparsely populated mountain areas in the north-west.
10 The population of Swansea is approximately 228,100. Around 23.2% of the population, or 52,900 children and young people, are aged 0-191.
11 According to the 2001 Census, 13.4% of the population can speak Welsh. Welsh speakers live throughout Swansea, but with concentrations in some areas such as Mawr, Pontarddulais, Clydach, Upper Loughor, Kingsbridge and Llangyfelach.
12 Swansea has the third largest black and minority ethnic (BME) population in Wales (nearly 3%2) and over 80 languages or dialects are spoken. In January 2009, 8.2% of children and young people in Swansea schools were from BME communities, a greater proportion than across Wales as a whole. There is a small but significant Gypsy, Roma and Traveller population and a relatively settled refugee population. The largest ethnic group in Swansea is the Bangladeshi community, with 653 children currently in schools. These children are largely concentrated in the catchment areas of Hafod and Sandfields, near the city centre.
13 Swansea has areas of high relative affluence and significant disadvantage. One Lower Layer Super Output Area3 (LSOA) is among the 10 most affluent in Wales, but 13 are among the 100 most deprived, with one LSOA in the 10 most deprived. Swansea currently has 10 wards that have Community First status.
14 Seventeen per cent of children and young people under 16 live in LSOAs that rank among the 10% overall most deprived in Wales. Over 30% of the school population live in the first and fourth quartiles of the Welsh Index of Multiple Deprivation (WIMD).
1 2007 mid year estimates from the Population Estimates Unit, ONS 2 2001 Census figures 3 Lower Layer Super Output Areas (LSOA) are part of a geography developed by the Office for National Statistics with the aim of improving the reporting of statistics for small areas. LSOAs are smaller than electoral divisions and each electoral division contains one or more LSOA.
27 A report on the quality of Swansea Local Authority Education Services, June 2009
Political structure
15 Swansea has 72 councillors elected to represent 19 wards. The overall control of the Council lies with a coalition made up from of the Liberal Democrat, Plaid Cymru and Independent councillors. The political composition of the Council is:
Plaid Cymru 1 Independent 14 Labour 30 Liberal Democrats 23 Conservative 4
16 The Leader and nine other councillors make up the Cabinet, which includes lead members for ‘Children and Young People’ and ‘Education’. The Council has split the functions of overview and scrutiny. The overview function focuses on policy and strategy development, and the scrutiny function focuses on holding the executive and local authority officers to account and conducting in-depth reviews of service and policy areas. There are nine overview and scrutiny boards, for the four themes of: Children and Young People; Health, Social Care and Wellbeing; Environment, Regeneration and Culture; and Finance, Audit and Business Improvement. In addition, there is a single overview and scrutiny board for Child and Family Services.
Local authority structure
17 The corporate structure of the local authority is made up of a Chief Executive, an Executive Director (who is also responsible for resources), and four Corporate Directors, one each for Education, Social Services, Environment and Regeneration, and Housing. There are 24 heads of service, each with responsibility for a service area.
18 The Corporate Director for Education is also the Lead Director for Children and Young People and has crosscutting responsibility for delivering the Children and Young People’s Plan. The Education Directorate has three heads of service for Education Effectiveness, Education Inclusion, and Education Planning and Resources.
Funding
19 The Welsh Assembly Government’s Standard Spending Assessment (SSA) 4 per head of population for Swansea for 2008-09 was slightly below the average for local authorities in Wales. The education component of SSA (the education Indicator-Based Assessment (IBA)5) was also slightly below the Wales average. At £149m, the education IBA represented £4,397 for each pupil in Swansea schools compared with the Wales average of £4,485 per pupil.
4 SSA is the means by which the Welsh Assembly Government distributes Revenue Support Grant to local authorities. 5 Education IBA is that part of SSA relating to the delivery of education services.
28 A report on the quality of Swansea Local Authority Education Services, June 2009
20 In 2008-2009, the local authority set the education budget at a level of 102.3% of IBA6, yielding a net education budget per pupil of £4,526 compared with an average of £4,472 for Wales as a whole. The local authority’s overall level of spending on all services was less than 1% above the level of SSA.
21 Delegated budgets per pupil (including grants) for primary schools are below average but, for secondary schools, they are above the Wales average. At £3,309 per pupil in 2008-2009, average primary school delegated budgets are fourteenth highest among local authorities in Wales. Average secondary school delegated budgets per pupil amount to £4,100 per pupil, sixth highest in Wales.
22 The authority has invested £45.9m in capital expenditure on education over the four years to 2007-2008. This represents £1,297 per pupil, sixteenth highest in Wales.
Schools and pupils
23 The local authority maintains 105 schools. These include 88 primary schools, each with a nursery of which nine are Welsh-medium; 15 secondary schools, of which seven are 11-18, and the remaining eight are all 11-16; two special schools; and four pupil referral units. Currently, 95.4% of three-year-olds and 98.7% of four-year-olds access the authority’s early years provision.
24 Nineteen and a half per cent (19.5%) of pupils of statutory school age are entitled to free school meals. This percentage is above the Wales average of 17% and only six other authorities in Wales have higher free school meals. In January 2009, the proportion of pupils from the BME community was 8.2%, in comparison with the Wales average of 4.8%.
6 Education IBA is not intended as a spending target and local authorities are free to spend at levels above or below IBA, in accordance with their priorities.
29 A report on the quality of Swansea Local Authority Education Services, June 2009
Summary
Local authority education services
Will the local How good is the authority’s local authority’s performance performance? improve? Strategic management 2 2 Support for school improvement 2 1 Promoting social inclusion and wellbeing 1 1 Additional learning needs (ALN) 1 1 Access and school organisation 3 2 Support services 2 2
Strategic management
25 There are good features with no important shortcomings in the strategic management of education services. The cabinet member for education provides excellent leadership which helps drive through the education agenda. Senior officers support the leadership well. The arrangements for overview and scrutiny generally work well. However, even though the Council has separated the roles of overview and scrutiny, there is some unhelpful duplication in business. The Children and Young People scrutiny board has produced some valuable reports. However, the scrutiny board does not delve robustly enough into the data it is given by officers. Members and officers have demonstrated their willingness to take difficult decisions and their ability to secure significant improvements in key priority areas. However, a few elected members do not support the QEd 2020 programme7 for education improvement and reorganisation in Swansea. In addition, a few stakeholders do not support recent proposals for school closures and amalgamations.
26 The local authority has shown a high-level commitment to the education service through its allocation of revenue expenditure and its earmarking of future capital receipts for improvements in school buildings. However, capital spending on education in recent years has been below the Wales average. Robust systems are in place within the Education Directorate for performance and financial monitoring. These arrangements link effectively to processes for risk management. The good project management culture in the local authority helps the delivery of key projects and initiatives. Although the local authority is facing a difficult financial situation, it has a clear medium-term financial plan and a business improvement board to help identify emerging budget pressures and future efficiency savings. Nevertheless, budget pressures may affect the ability of the Education Directorate and its schools to deliver future improvements.
7 QEd 2020 is the local authority’s strategic programme for improving education in Swansea through raising standards of teaching and learning in all schools; school re-organisation and removing surplus places; and improving the condition of schools and facilities.
30 A report on the quality of Swansea Local Authority Education Services, June 2009
27 There are some very active and effective partnerships with external stakeholders, which recognise strong interrelationships between educational achievement and other local objectives. Key strategic plans link well together. These plans are well informed by good consultation and analysis of need. Although these plans are clear in their aims, they are less explicit about the quantifiable outcomes expected. There are good operational plans for the Education Directorate and the annual strategic overview for the directorate provides a valuable summary of progress and challenges.
Support for school improvement
28 The Education Directorate has developed effective processes to challenge and support schools and to intervene in any which cause concern. Officers place schools into one of six categories and target resources effectively at those, which need the most support. Schools understand these systems well and are clear about the support they will receive. However, in primary schools, the communication of performance information to the governing body is too dependent on the headteacher.
29 Schools and Education Improvement officers receive a wide range of performance data and analyses with good quality support and training in how to use this material effectively. School Development Advisers (SDAs) know the performance of their schools well. They have improved the use they make of data and its analyses to focus their challenge to schools. However, the quality assurance by Education Improvement officers of the work of SDAs is not strong enough to ensure a consistent challenge to all schools.
30 There is a wide range of initiatives to improve schools’ performance, which address local and national priorities well. However, there is no database that tracks these initiatives. SDAs therefore do not know clearly the initiatives in which their schools are involved. Curriculum support is very good in literacy and good in other areas. The Education Directorate has made good progress, in partnership with schools and other providers, in implementing the Foundation Phase and in improving choice and opportunity for 14 to 19-year-olds. There is good support for the development of pupils’ basic skills.
31 There has been systematic support to improve schools’ self-evaluation and the accuracy of national curriculum assessments. Partnership with neighbouring authorities has improved the range of continuing professional development (CPD) opportunities offered to schools. There are good development opportunities for existing and aspiring leaders and managers in schools.
32 The Education Directorate promotes wellbeing successfully and provides very good support to broaden and enhance the learning opportunities for children and young people.
Promoting social inclusion and wellbeing
33 Overall, the promotion of social inclusion and wellbeing is good with outstanding features, and its prospects for improvement are good, with significant improvements already in place.
31 A report on the quality of Swansea Local Authority Education Services, June 2009
34 There is an excellent range of quality services and initiatives to support vulnerable groups through effective multi-agency working. Overall, levels of attendance in secondary schools have improved. However, attendance levels in primary schools are improving at a slower rate than in secondary. Behaviour support to schools is effective. Permanent exclusions have reduced significantly.
35 The integration by the local authority of the excellent Employment Training service into the Education Directorate’s Inclusion Services has strengthened the links between Employment Training and schools, EOTAS, and the 14-19 Network. The Local Service Board includes targets for the reduction of the number of 16 and 17-year-olds not in education, employment or training (NEETs) in Swansea into its strategic planning. Consequently, the percentage of young people remaining in full-time education has improved at a faster rate than the rest of Wales, with a sharp reduction in the number of NEETs in 2007.
36 Excellent one-to-one support by education officers at key stage 3 and key stage 4 has contributed to good achievements for looked-after children (LAC)8.
37 The Education Directorate has clear policies and procedures and good monitoring to tackle racism and promote racial harmony. The Traveller Education Service delivers excellent support to Gypsy and Traveller children. Swansea Ethnic Minority Language and Achievement Service (EMLAS) provides outstanding services for ethnic minority pupils, to help them develop effective English language skills and achieve their qualification aims. The Inclusion Service has appropriate staff, processes, training and monitoring in place to support schools in child protection. The service works well with a range of other agencies, and proactively responds to issues regarding the safeguarding of children and young people.
Additional learning needs (ALN)
38 The Education Inclusion Service’s provision for pupils with a wide range of additional learning needs (ALN) is outstanding. Its prospects for improvement are good, with significant improvements already in place.
39 The service ensures that all pupils have access to full-time education that meets their individual learning needs. This is achieved through good partnership working with other sections in the local authority, the local health board and the voluntary sector. These partnerships benefit service delivery at both strategic and operational levels.
40 Pupils are well supported through the good use of Specialist Teaching Facilities9 (STFs), special schools for pupils with complex learning needs, and pupil referral units (PRUs) for pupils with a range of social emotional and behavioural difficulties. However, a few pupils with statements of SEN stay too long in a PRU.
8 The local authority has legal parental responsibility for these children. The term is used to describe all children who are subject to a care order, or who are provided with accommodation on a voluntary basis for more than 24 hours. 9 STFs are specialist provision located in mainstream schools which allow pupils with a wide range of additional learning needs (ALN) access to both specialist teaching and to work with their peers in mainstream classes.
32 A report on the quality of Swansea Local Authority Education Services, June 2009
41 Statements of Special Educational Need (SEN) meet all statutory requirements well. The Education Inclusion service supports parents of pupils with SEN well. The quality of consultation with pupils who have SEN, some of whom have profound communication difficulties, is outstanding.
42 The Authority and the Local Health Board and Trust have established a jointly commissioned service at secondary level for children with speech, language and communication needs through the mediums of English and Welsh. This initiative is an outstanding model of practice.
43 The Education Department has developed a policy ‘Developing Talent for All’ and effective strategies to help schools support and challenge effectively more able and talented pupils.
Access and school organisation
44 The local authority has developed a comprehensive strategy for the long-term improvement of standards in education and in the quality of its educational buildings (QEd 2020). This strategy provides the foundation for the local authority’s approach to school reorganisation and to improving the condition of schools. The Education Directorate has already reduced some surplus places, but too many of these still remain. The majority of schools buildings (67%) are in a poor or unsuitable condition. The local authority makes good use of the data it has to inform its development proposals, but progress is hampered by uncertainty in realising capital resources.
45 The local authority is meeting the demand for Welsh-medium provision, and for the needs of learners with ALN, well. Admissions procedures to parents’ first choice of schools are generally effective.
46 The local authority’s home to school transport policy is clear, accessible and caters well for the needs of ‘sixth form’ learners and pupils with ALN. The Early Years Development and Childcare Partnership delivers good planning, extensive provision, effective training and quality assurance. There is effective early identification of ALN and appropriate support in pre-school settings through good multi-agency work, usually within the Flying Start initiative.
Support services
47 Support services for schools are good. There has been a significant improvement in the endorsement for these services by those schools, which participated in the 2007 Audit Commission’s ‘schools perception survey’. The local authority and headteacher groups monitor these services well and take action, when necessary, to improve them.
48 The local authority offers services to schools in well-presented service level agreements (SLAs), in which schools can see what they get for their money. The clarity of presentation of the information about services to schools and the transparency of the education budget are good.
49 The local authority is in the process of further improving its services through greater use of information and communications technology (ICT).
33 A report on the quality of Swansea Local Authority Education Services, June 2009
Recommendations
50 In order to build upon the existing good work, the authority should:
R1 improve scrutiny and overview arrangements so they more robustly review services, and assist the authority more effectively in policy development;
R2 improve the work of the Education Effectiveness service, through:
• robust quality assurance of officers’ work;
• consistency of support and challenge to schools;
• better co-ordination of and sharing of information about initiatives; and
• ensuring all governing bodies receive performance data; and
R3 make sure short-term and mid-term plans address the urgent issues of further reducing surplus capacity in schools, and improve the condition of the majority
of school buildings.
34 A report on the quality of Swansea Local Authority Education Services, June 2009
Findings: How good is the local authority’s performance and will performance improve?
Strategic management
Performance
Grade 2: Good features and no important shortcomings
Prospects for improvement
Grade 2: Improvement prospects are good, with no major barriers
51 The cabinet member for education has an excellent understanding of the education issues for the City and County of Swansea. Through the cabinet member’s outstanding leadership, the local authority has ensured that the education agenda is a key corporate policy. The local authority has effectively engaged the wide range of internal and external stakeholders in developing its overarching strategy for education ‘QEd 2020’, including its goal of making all schools ‘fit for purpose’. There are generally good relationships with headteachers and governors who express confidence in the authority. However, not all elected members fully support the corporate strategy for education, or share the vision for the future of education services in Swansea set out in QEd 2020. Also, a few individual stakeholders do not support the recent proposals for school closures and amalgamations. This dissention may affect the local authority’s ability to deliver the improvement programme.
52 There is effective cross-directorate working. Through regular meetings between the strategic directors and the Chief Executive, education issues are embedded into corporate priorities. Strategic discussions for the QEd 2020 programme take place at both the cross local authority steering group and the QEd 2020 board. These bodies include the Heads of Corporate Building Services and the Corporate Properties Section. At an operational level, service areas contribute to the achievement of cross cutting corporate objectives. For example, the educational needs of LAC and other vulnerable young people are well managed by good joint working between social services and education.
53 The arrangements for overview and scrutiny generally work well. However, the separation of the overview and scrutiny function has led on occasion to an overlap between the work of the two boards. Nevertheless, there is good cross-party co-operation both within and between the overview and scrutiny boards for Children and Young People.
54 Elected members on the scrutiny board for Children and Young People have a good understanding of education issues. Senior officers generally provide them with satisfactory information. However, the scrutiny board does not always state clearly or precisely what information it wants from officers, or interrogate this information robustly enough. The scrutiny board has produced some valuable reports and recommendations, which officers have then actioned.
35 A report on the quality of Swansea Local Authority Education Services, June 2009
55 The local authority has shown a high level of commitment to the education service in recent years through its allocation of revenue spending. It has consistently funded the service at a level above education IBA, the notional education component of SSA. Pupils with ALN have been particularly well supported, with significant year-on-year increases in the budgets for special teaching facilities (STFs) and one-to-one learner support. The local authority has protected delegated school budgets from the corporate savings targets applied to other service budgets, and schools have received some protection against the impact of falling rolls.
56 Over the four-year period to March 2008, the local authority’s capital spending on education has been below the average for Wales. Spending of £45.9m over the period is equivalent to £1,297 per pupil, compared to the Wales average of £1,433 per pupil. This partly reflects other pressures on the local authority’s capital budget and its relative lack of success in attracting residual school building improvement grant (SBIG) funding from the Welsh Assembly Government in the first tranche. However, the local authority has shown its commitment to education and the QEd 2020 in particular, by earmarking future capital receipts from all service areas to help fund the programme.
57 Budget monitoring and general financial management within the Education Directorate is sound. Education has managed well the catering budget’s overspend of £350,000 and £300,000 in the last two years by other savings within the directorate. The size of this deficit continues to fall.
58 The aims of the local authority and its partners are clearly set out in key strategic plans such as the Corporate Improvement Plan (CIP) 2008-2012, the Shadow Community Strategy 2008, and the Children and Young People’s Plan (CYPP) 2008-2011. The plans are broadly consistent and are well informed by data analysis. These plans are the result of good consultation with partners and stakeholders, who are knowledgeable about the agreed priorities.
59 Although these plans are clear about their aims and ambitions, they are less explicit about quantifiable outcomes, timescales or resource implications. This makes it more difficult to monitor progress against actions and the achievement of outcome.
60 At an operational level, there is a clear directorate planning structure. The Education Directorate Plan 2008-2011 has the three service plans sitting below it, each covering a three-year period. The directorate plan relates primarily to the CYPP and not directly to the local authority’s CIP. Although service plans pick up strategic and corporate priorities, there is not a consistent thread running through these plans, linking each strategic objective with successively more detailed actions. The impact of this weakness is minimised by the annual directorate strategic overview, which pulls together the strategic issues affecting the education service and provides a valuable commentary on recent progress and achievements, linked to forward planning.
61 Partnership working is good with some very active and effective partnerships. In addition to the Children and Young People’s Partnership (C&YPP) and the Swansea Learning Partnership (SLP), education also has a very high profile in other key partnerships such as the Local Service Board (Better Swansea Partnership), and the economic regeneration partnership (Swansea 2020). External stakeholders on these
36 A report on the quality of Swansea Local Authority Education Services, June 2009
partnerships are clear about their roles and their relationship with the local authority. These key stakeholders recognise the impact they have on educational attainment in Swansea, and the importance of improving educational attainment in delivering other local objectives.
62 As well as local partnership working, the local authority is the lead member of the South West and Mid-Wales Consortium10 (SWAMWAC). Membership of this consortium gives staff in the education services and in schools good access to joint working for the improvement of workforce development, and for advice support and challenge to schools.
63 There are robust systems in place for performance monitoring through the corporate management team and through monthly performance and financial monitoring (PFM) meetings within the education service. These PFM meetings receive clear reports against performance indicators, although these performance indicators do not focus well enough on all corporate priorities. However, the local authority is currently improving the structure and content of service plans and their associated performance indicators, so that they encompass better all corporate priorities.
64 The education service has appropriate arrangements to manage risks. The local authority reviews its risk register at PFM meetings. These provide a risk management input into service plans, and the Wales Programme for Improvement (WPI) joint risk assessment. The local authority is currently improving the link between risk management and strategic planning.
65 The local authority has good project management arrangements. The Education Directorate has a useful and effective team of project managers who work across key programmes and initiatives. This team provides project management skills and additional staff resources to help with delivery. Due to the importance and impact of QEd 2020, it has a dedicated project board, a corporate steering group and a stakeholder forum, made up from appropriate local authority, schools and external stakeholders. The local authority has a high-level strategic programme board which meets monthly to monitor the key corporate projects, including QEd 2020.
66 There is a culture of self-review across many parts of the Education Directorate. This has led to the evaluation of service efficiency in areas such as SEN, school transport and catering. However, the directorate has yet to ensure this good practice is fully embedded across all of its work.
67 The local authority has a medium-term financial plan, which identifies the future gaps between the resources likely to be available and spending needs. This has identified the need for the local authority to make £7m of service savings (£1.65m within education) in the current financial year. Additional savings will be required in future years. The local authority has a sound strategy for delivering these savings. A large contingency fund helps protect the local authority against the short-term failure to deliver savings, and a business improvement board has been established to identify
10 SWAMWAC is made up of representatives from the local authority education services of Carmarthenshire, Ceredigion, Neath Port Talbot, Pembrokeshire, Powys and Swansea. Its purpose is to improve educational attainment and achievement across the region through mutual support, challenge and joint working.
37 A report on the quality of Swansea Local Authority Education Services, June 2009
emerging budget pressures and savings in the medium term. Nevertheless, the education service and schools will experience significant pressure on their budgets, which may limit their ability to improve services.
68 The local authority has shown its willingness to take difficult decisions, for example in relation to school reorganisation, and reducing surplus places. It has also demonstrated its ability to secure improvements in its priority areas, such as reducing permanent exclusions and reducing the number of young people not in education, employment or training (NEETS). Within the Education Directorate, there is a good understanding of the Directorate’s strengths and weaknesses, as set out in its self-evaluation. It also has a good track record of implementing the recommendations of previous inspections of education services. These good features provide a strong foundation for continued improvement.
Support for school improvement
Performance
Grade 2: Good features and no important shortcomings
Prospects for improvement
Grade 1: Improvement prospects are good, with significant improvements already in place
69 The Education Directorate demonstrates a clear commitment to raising standards and improving outcomes, which is a core purpose of a range of cross-service initiatives and the QEd 2020 programme. The Education Effectiveness service has developed good processes to challenge and support schools and to intervene in any which cause concern. Officers place schools in one of six vulnerability categories, which triggers support in proportion to need. Schools understand well the criteria for the different categories and know what support they can expect from School Development Advisers (SDAs).
70 The Education Directorate challenges those schools in need of the greatest improvement robustly. They are increasingly using their full range of powers to achieve this. However, senior officers do not routinely inform all partners about the categories of individual schools.
71 The Education Effectiveness service provides schools and officers with a wide range of performance data and analyses. Officers provide a range of good quality support and training to help schools to use this data more effectively. These data and analyses enable schools to track their progress over time and to compare their performance with schools of similar socio-economic backgrounds, both locally and nationally. Secondary schools share information on performance (including comparative data) openly. There is no similar system at present to share the performance of primary schools.
72 SDAs know how well their schools perform and have improved the use they make of data to challenge and intervene. They carry out a well-defined programme of monitoring visits to schools. However, not all officers send notes of visits to schools
38 A report on the quality of Swansea Local Authority Education Services, June 2009
to clarify the issues discussed and summarise the agreed actions. The procedures to quality assure the work of officers, to make sure they all bring an effective and consistent challenge to schools, are not strong enough.
73 In many schools, representatives of the governing body join the meetings to discuss performance information. In addition, in secondary schools, SDAs attend meetings of the governing body to discuss the progress the school has made. However, in primary schools, the sharing of this information is too dependent on the headteacher passing it to the governing body.
74 The Education Directorate organises regular and useful meetings for officers. These keep them well informed and help them to challenge schools effectively. In particular, the ‘school issues’ meeting is a good opportunity for staff from a range of services to share their knowledge of schools and confirm the vulnerability categories. The discussions from this meeting inform the corporate director’s performance and finance review meeting.
75 The Education Effectiveness service provides good support for a wide range of initiatives, which address local and national priorities well. However, the recording and tracking of all aspects of support for schools and the initiatives they are involved with is not good enough to ensure these are properly co-ordinated.
76 Support for literacy is very good and there are effective strategies to improve the attainment of boys. There is also good support for numeracy and science. The Education Effectiveness service targets these initiatives well on those schools needing the most support. There is a range of intervention programmes to improve pupils’ basic skills, and a strong focus on reading across the local authority. All schools have achieved the Basic Skills Quality Mark. Support for ICT is also good and all schools are working towards the BECTA ICT Quality Mark.
77 Support for Welsh as a first and second language is good. There is a strong focus on developing bilingualism in Welsh-medium schools. The Athrawon Bro team supports teachers very well across all primary schools to improve their ability to teach in Welsh.
78 The Education Effectiveness service provides very good support for the implementation of the Foundation Phase. Schools, governors and officers have all received comprehensive training. The Foundation Phase team works effectively with a range of partners to provide good support for very young children.
79 The 14-19 network is making good progress in improving choice and opportunity for learners through effective collaboration with a range of partners, including schools, further education colleges and work-based learning providers. Networks offer learners an increasing range of vocational courses, including courses delivered through the medium of Welsh. The Education Directorate has committed capital funding to make sure that learners in all areas of Swansea have equal access to facilities.
80 Partnership with neighbouring authorities has improved the range of continuing professional development (CPD) opportunities offered to schools. The Education Effectiveness service has helped schools to improve their practice in self-evaluation
39 A report on the quality of Swansea Local Authority Education Services, June 2009
through the introduction of the Swansea Standard in Self-Evaluation (SSSE). Just under half of all schools have so far gained at least the bronze award. Officers are working with schools to improve the accuracy of national curriculum assessments at the end of each key stage. However, teachers from key stage 3 are not yet involved consistently enough to make sure that secondary and primary schools share a common understanding of national curriculum levels.
81 The Education Effectiveness service promotes wellbeing successfully in a number of ways. Support and guidance for schools in personal and social education (PSE), the healthy schools initiative and the development of education for sustainable development and global citizenship (ESDGC) are all of very high quality. Over 80% of schools already have the Healthy Schools award and an increasing number have gained an Eco Schools award.
82 There is a range of good initiatives to broaden and enrich the learning experiences of children and young people. The Children’s University, which is central to the Out of School Hours Learning strategy in Swansea, provides a wide range of opportunities for children and young people to gain credits for their work. There is very good partnership working in the effective Community Focused Schools initiative, which involves a wide range of partner agencies.
83 Arts provision in the authority is very wide ranging and is of high quality. The inclusive, high-quality music service for schools and young people in Swansea also contributes significantly to curriculum work. The education library and resource service (ELRS) provides a valuable and highly regarded service to schools. The authority has placed the Welsh Assembly Government physical education and school sport initiative (PESS) appropriately within the Education Directorate and all schools in Swansea benefit from this initiative.
84 There are good development opportunities for leaders and managers in schools. These include:
• courses for potential middle and senior managers, accredited through links with higher education institutions;
• good support for national programmes for school leaders;
• effective arrangements to support senior and middle managers including residential and day conferences and network meetings for subject leaders; and
• good support for new headteachers through peer mentors and for headteachers of Welsh medium schools through Partneriaeth Addysg Cymraeg Abertawe (PACA)11.
85 The Education Directorate generally provides good support for governors. There is a comprehensive governor training programme, which reflects local and national priorities, and schools have individual training if required.
11 ‘Partneriaeth Addysg Cymraeg Abertawe – PACA – (Swansea Welsh in Education Partnership) was formed in March 2009 to take responsibility for the Targets in the Welsh Education Scheme 2006-2011, except those which deal with school organisation’.
40 A report on the quality of Swansea Local Authority Education Services, June 2009
Promoting social inclusion and wellbeing Performance Grade 1: Good with outstanding features Prospects for improvement Grade 1: Improvement prospects are good, with significant improvements already in place
86 The work of the Education Directorate to promote social inclusion and wellbeing is good with outstanding features. It offers an excellent range and quality of services to support vulnerable groups through targeted initiatives with effective multi-agency working. Officers and elected members show a strong commitment to social inclusion and wellbeing. They understand well what the Education Directorate needs to do to improve educational outcomes for all learners in Swansea. 87 The effective liaison and collaboration between a range of local authority, health and other external services means that work to support vulnerable pupils is done well. Partners have made good progress in developing information sharing protocols and shared data sets, with ongoing work to improve this further. 88 The Improving Attendance Strategy is making a significant impact on attendance levels in most schools. Overall, levels of attendance in secondary schools have improved from 89.7% in 2006, to 90.8% in 2008. This improvement is at a faster rate than Wales as a whole. In addition, targeted work in areas of high social deprivation has significantly improved attendance levels, in some schools by as much as 10 percentage points. However, although attendance levels in primary schools are improving, this is at a slower rate than in secondary. 89 The Behaviour Support Service provides very good support and easily accessible resources to schools. This very good support helps schools to identify more effectively challenging behaviour and its causes and strategies to best address it. 90 There has been a reduction in permanent exclusions in schools over the past three years and current levels are better than the Wales average. The local authority monitors the rates of exclusion well, including the rates and length of both fixed term exclusions and permanent exclusions. In 2007-2008, there were no permanent exclusions in primary school and only 13 in secondary schools. The Education Directorate has successfully kept permanent exclusions to a low level by targeting its services at young people at risk of exclusion. 91 The integration by the local authority of the excellent Employment Training service into the Education Directorate’s Inclusion Services is unique in Wales. This has strengthened the links between Employment Training with schools, EOTAS, and the 14-19 Network. Vocational tasters and individual pathways are tailored well for all young people. These give excellent progression opportunities, vocational choices and personal support for pupils and young people. 92 The Local Service Board has included among its priorities the reduction of the number of 16 and 17-year-olds not in education, employment or training (NEETs) in Swansea into its strategic planning. Consequently, board members have cascaded
41 A report on the quality of Swansea Local Authority Education Services, June 2009
this priority into service planning. Since 2006, the percentage of young people remaining in full-time education has improved at a faster rate than the rest of Wales, with a sharp reduction in the number of NEETs in 2007.
93 There is a range of high quality partnership based initiatives to target and engage more disadvantaged children and young people. Of these, the Early Intervention and Prevention strategy successfully works with pupils both during and outside of the school day. Support for this strategy from the police, the voluntary sector and the youth offending team is particularly good.
94 The trend in performance of looked after children (LAC), at the end of key stage 4, is improving. In 2004-2005, 30% of LAC left full-time education without an approved external qualification, while by 2008-2009 the figure was reduced to 15%. This underlying trend is supported through excellent one-to-one support by education officers at key stage 3 and key stage 4.
95 The Education Directorate has clear policies and procedures and good monitoring to tackle racism and promote racial harmony. Schools have a clear Race Equality Action Plan, formally adopted by their governing bodies. The authority encourages schools to regard the reporting of racial incidents as a positive thing to do.
96 The Traveller Education Service delivers excellent support to Gypsy and Traveller children. In partnership with other agencies, the service contributes well to increasing levels of relevant attainments of these children. The service also works well with schools to build their capacity to support Gypsy and Traveller children, and to raise the awareness of their community and its culture. Close operational links between the Education Welfare Officers, Swansea Ethnic Minority Language and Achievement Service (EMLAS) and the Traveller Education Service ensures that children of asylum seeker families and the gypsy and traveller community are admitted to school without delay.
97 EMLAS provides services of outstanding quality for ethnic minority pupils, to help learners develop effective English language skills and achieve their qualification aims. At key stage 1, many of these pupils perform below the main cohort, due to their need for English language support. However, by key stage 3 most of these pupils go on to perform better than the main cohort and significantly better in key stage 4.
98 The Education Inclusion service has appropriate staff, processes, training and monitoring in place to support schools in child protection. The service works well with a range of other agencies, and proactively responds to issues regarding the safeguarding of children and young people. The authority has an appropriate range of policies to ensure the safeguarding and welfare of young people with ALN.
99 Elected members, the corporate senior management team and education services senior officers work together well to ensure social inclusion for young people is among the priorities of the Local Service Board (LSB).
100 The authority has responded well to issues raised in recent inspection reports, and has integrated the reports’ recommendations effectively into current service plans to ensure actions are taken.
42 A report on the quality of Swansea Local Authority Education Services, June 2009
Additional learning needs (ALN)
Performance
Grade 1: Good with outstanding features
Prospects for improvement
Grade 1: Improvement prospects are good, with significant improvements already in place
101 The Education Directorate ensures that all pupils have access to full time education that meets their individual learning needs. The Specialist Teaching Facilities (STFs) located in mainstream schools allow pupils with a wide range of additional learning needs (ALN) access to both specialist teaching and to work with their peers in mainstream classes. The local authority currently has 27 STFs located in 25 mainstream schools. The local authority also has two special schools for pupils with complex learning needs. Inspection reports show that these specialist schools and schools with STFs often provide an outstanding level of service to their pupils.
102 Four pupil referral units (PRUs) for pupils with a range of social, emotional and behavioural difficulties provide good outcomes for pupils. However, a very few pupils with statements of special educational need stay too long in a PRU.
103 The Education Inclusion service has made very good progress since the time of the last inspection in January 2006 to ensure that all permanently excluded pupils are offered 25 hours of education each week. However, a few of these pupils, particularly at key stage 4, do not engage fully with officers of the authority and do not take up their entitlement.
104 The Dyslexia Friendly School initiative enables both Welsh-medium and English-medium schools to train teachers and learning support staff to support pupils with specific learning difficulties.
105 The SEN Manager provides training on an annual basis, to special educational needs co-ordinators (SENCOs), on the statementing and the review process. Statements of special educational need have been redesigned, are concise, and are now more ‘parent friendly’. The service regularly reviews all statements to ensure that it fully meets all provisions of the statement. Statutory reviews of progress are effectively planned, managed and co-ordinated. The authority maintains and monitors statements for pupils with more complex needs who are over the age of 16 well. The very low level of appeals to the Special Educational Needs Tribunal for Wales (SENTW) is a strong indication that parents and carers work effectively with the local authority’s inclusion officers.
106 The local authority consults schools, parents and carers regularly and with transparency. The way it consults children with SEN, some of whom have profound communication difficulties, and then considers their views, is outstanding. Consequently, schools, parents and carers have a high level of confidence in the inclusion service.
43 A report on the quality of Swansea Local Authority Education Services, June 2009
107 Educational psychologists provide good support to schools and individual pupils as well as effectively carrying out psychological assessment as part of the statutory assessment process.
108 The local authority, Local Health Board and Trust have established a jointly commissioned service at secondary level for young people with speech, language and communication needs through the mediums of English and Welsh. Despite some initial problems with capacity, which was beyond the control of the local authority, this initiative represents an outstanding model of practice to meet the needs of these pupils.
109 SENCOs monitor pupils with ALN who receive support at School Action and School Action Plus, well. Education Inclusion Support Services provide additional good support for pupils on School Action Plus.
110 The Education Effectiveness Service produced a policy ‘Developing Talent for All’ for more able and talented pupils. This policy supports strategies which help schools challenge more able and talented pupils, and which shares more effectively the good practice in Swansea schools.
111 The revised ‘Accessibility Strategy and Guidance’ provides a valuable tool to ensure pupil access to education. The local authority maintains a fund for adaptations to school buildings to allow access for disabled pupils and uses this fund effectively. In the 12 months prior to the inspection, this fund was used 17 times to make suitable adjustments to schools.
112 The local authority provides an extensive and effective training package, which responds to the requirements of providers and allows them to meet better the needs of children and young people with ALN. This training is increasing the capacity of mainstream schools to meet pupils’ additional learning needs. Unlocking Potential of Special Schools funding has provided outstanding opportunities for staff to share skills and expertise.
113 The local authority has developed a clear vision based on sound data, on how to meet the needs of pupils with ALN and how to allocate resources.
Access and school organisation
Performance
Grade 3: Good features outweigh shortcomings
Prospects for improvement
Grade 2: Improvement prospects are good, with no major barriers
114 The Education Directorate’s forecasts of requirements for school places are accurate. The Directorate has appropriately recalculated school capacity using the new Welsh Assembly Government formula. In January 2008, surplus capacity was 18.4% in primary schools and 15.2% in secondary schools. This is very close to the Welsh averages of 18.6% and 15.4% respectively.
44 A report on the quality of Swansea Local Authority Education Services, June 2009
115 The Education Directorate regularly monitors its school capacity against the actual number of pupils for individual schools and for the local authority as a whole. This means the Directorate uses a robust analysis of potential variations in pupil numbers to inform its school organisation proposals.
116 The Education Directorate’s ranking for reducing surplus school places is 12th out of 22 local authorities for primary schools and 10th out of 22 for secondary schools. It has a good track record in removing surplus capacity but this has not kept pace with the fall in pupil numbers. As a result, the overall level of surplus places has increased. Although surplus places are at, or close to, the Welsh average, they are still too high.
117 The local authority is meeting growth in demand for Welsh-medium provision well. It uses its detailed knowledge of pressure points in the sector well in its future planning. The Education Directorate has developed 415 new places in the Welsh-medium primary sector since 2004 and 739 in the secondary sector. It has also developed a good network of Welsh-medium and English-medium specialist teaching facilities in mainstream primary and secondary schools.
118 The local authority has assessed the impact of reorganisation proposals against the comprehensive QEd 2020 data collected on individual schools effectively. It has proactively drawn up a number of different schemes to match different possible grant funding priorities. The local authority is currently at the statutory notice stage in the next phase of QEd 2020, in which it proposes to close three primary schools and to amalgamate two schools to create an all through primary school.
119 The local authority has clearly aligned corporate and directorate asset management planning with QEd 2020. It has accurate information about the condition, sufficiency and suitability of all school buildings. It appropriately updates its sufficiency data twice yearly, condition data annually and reviews that data every three years. Sixty-seven per cent of school buildings are in a poor or unsuitable condition, and extensive repair and maintenance work is necessary. Although there is evidence of a track record of improvements since 2004, progress in overcoming this challenge has been too slow.
120 The local authority has an extensive evidence base of technical, financial and educational data and information, and uses this to prioritise capital projects well. The local authority manages its building projects to time and on budget. It takes appropriate account of statutory requirements including disabled access and sustainability. Emergency repairs are promptly organised with immediate follow up support. Business continuity planning for the management of the impact from the failure of school plant is good.
121 The local authority’s mid-term and long-term planning is hampered in the current economic climate, as the value of capital resources is uncertain. Their contribution to financing the QEd 2020 programme in the short and mid term is therefore very uncertain. However, the local authority is committed to deliver these priorities as resources allow. It is developing further statutory proposals requiring only modest capital investment.
45 A report on the quality of Swansea Local Authority Education Services, June 2009
122 Admissions procedures are effective. The local authority meets parents’ preferences in most cases, and deals with any appeals quickly. The Admissions Forum evaluates practice and identifies areas for improvement well. It oversees the annual revision of the information for parents’ booklet. This document is precise, easily understandable and available in different media and formats. Schools respond quickly to find places for new pupils arriving during the academic year, and for looked-after children and pupils returning from residential care or custodial sentences.
123 The home to school transport policy exceeds statutory requirements. It is clear, accessible, and applied in a consistent and rigorous fashion. The local authority has aligned its school transport policy to the needs of ‘sixth form’ learners and pupils with SEN well. It also supports pupils receiving free transport well, to ensure they have good access to out of school hours’ activities. Service standards and budgets are monitored closely with a high priority given to securing value for money.
124 The Early Years Development and Childcare Partnership is a good feature. Its work is well planned and of good quality. Childcare provision is extensive and workers have access to a good range of training. Regular meetings with the Health Authority identify pupils who will require additional support at a very early age. This means the local authority can plan for future needs and ensure that it carries out formal assessments at the earliest possible date. There is appropriate provision for young children with ALN in pre-school settings, usually within Flying Start. Continuity of support for children is improving because of better information sharing. This is making a positive impact at transition from childcare settings to the nursery provision in mainstream schools and to statutory schooling.
Support services
Performance
Grade 2: Good features and no important shortcomings
Prospects for improvement
Grade 2: Good features and no important shortcomings
125 The local authority offers a range of support services to schools through clear and well-specified service level agreements (SLAs), with clear service standards. The local authority provides schools with good information about the services it offers, and supports schools in the procurement of alternative services, when they do not use its own services. Schools perceive the quality of local authority services to be good.
126 The local authority and schools monitor services well. The School Budget Forum and its finance groups review the SLAs on an annual basis. Headteachers have confidence in this group and all schools buy into nearly all the services.
127 The quality of financial information available to schools is good. The system is transparent, and headteachers have good information on how much money they spend under each budget heading. Primary support officers give good support in budget management. The school and corporate accountants do the same for
46 A report on the quality of Swansea Local Authority Education Services, June 2009
secondary schools and service managers. They provide good training to those school staff with a responsibility for bookkeeping and budget monitoring. All schools buy into the finance SLA. The authority provides sufficient information to allow three-year budgeting, and shares information with schools through the School Budget Forum and its sub-groups.
128 The size of school balances is within recommended limits (below 5% on average). A few schools have significant surpluses but the authority has asked them to indicate how they plan to spend this money. Similarly, the authority appropriately asks schools which are in deficit to undergo a strict deficit recovery process.
129 The HR service provides effective support to schools. Swansea has brought in workforce remodelling with few problems. Overall, the employment of teachers, teaching assistants and other support workers is stable. There are very few tribunal cases, although the authority uses disciplinary and capability procedures when appropriate. The authority is handling current potential redundancies well.
130 The Education Directorate maintains a list of supply teachers who have been CRB checked and issues advice to headteachers and governors on CRB checks for all adults who work in schools.
131 The local authority gives strong support to schools in their use of ICT, through a clear SLA. This SLA provides management information support, advice about procurement, and technical support for hardware and software. The service provides training in the use of Capita’s School Information Management System (SIMS) and in the use of ICT in curriculum areas. BECTA, the government organisation that promotes ICT, rates the local authority highly in its support for schools. This service has improved significantly in schools’ perception from the low satisfaction levels of 2005. 132 The use of ICT to support management systems is improving, with the extension of the ISIS financial system to electronic payroll, school online access to the Technology Forge database and the extension of the total learning platform for safe use of the intranet by teachers and pupils. A corporate outsourced provider runs the local authority’s website. It provides the public with a range of useful information about education in Swansea, including key education policies and plans and information about schools. 133 Property-related services are good. The authority sets out clear lines of responsibility for buildings. The local authority has recently brought property services together, as a corporate service, in response to headteacher criticism. The local authority devolves its reactive maintenance responsibilities and funding; most schools then buy into SLAs for facilities management, annual service contracts and technical advice. Those very few who do not buy in have access to the services on an hourly rate. These services provide schools with good quality advice on such issues as health and safety, security, and emergency procedures. 134 The local authority carries out regular servicing and repair. It also monitors regularly and well the condition of boilers, electrical safety, asbestos, and legionella. It also monitors the risks that may arise from schools’ own building works.
47 A report on the quality of Swansea Local Authority Education Services, June 2009
135 The properties section gives advice on alterations and minor works and the authority works in joint-funded schemes, where co-operation can reduce the cost of works. The local authority also provides a list of accredited contractors for maintenance work, which the schools wish to carry out themselves. 136 The local authority has good up to date information about the condition, sufficiency and suitability of all school buildings. It has provided schools with this data, and they will shortly have online access to this data. 137 The education service carries out its statutory responsibilities for school meals well. All but two schools use the authority’s catering service. Swansea is in the top quartile for total meal uptake, as measured by the Association for Public Service Excellence (APSE). The participation rate in breakfast clubs is the highest in Wales. 138 The authority has appropriate arrangements to ensure that school kitchens meet their statutory duties for hygiene and nutritional standards. It monitors each site regularly and trains catering staff well in kitchen hygiene. Catering staff contribute very well to the Swansea Food and Health Strategy. 139 The kitchen refurbishment programme has been good and many schools have their own on-site kitchen. Over the last two years, there has been a budget deficit but the authority is working well to reduce this overspend. 140 The local authority seeks comparisons with the cost of others’ services. Swansea delegates more money to schools than the Welsh average. The cost of the services relates to the cost of provision and the services it provides are good. Value for money is therefore good.
48 A report on the quality of Swansea Local Authority Education Services, June 2009
The local authority’s response to the report findings
The City & County of Swansea welcomes the Local Authority Education Services Inspection report and thanks the inspection team for the professional and challenging approach adopted during the process.
We are very pleased that the inspection outcomes show that children, young people and their families and carers in Swansea are provided with a good education service and that there is good support for schools and units.
Analysis of progress following previous inspections over the last 5 years clearly illustrates that issues requiring attention have been addressed and standards are improving. This improvement arises as a result of the commitment, hard work and energy of elected members and staff in the local authority, within schools and across various partner organisations. We are pleased that this improvement is recognised.
We recognise and accept the shortcomings and barriers highlighted in the report and the recommendations, which will be translated into an action plan, supported through the Corporate Improvement Plan and by the Children and Young People Plan
In Swansea, we will continue to work towards improving the general wellbeing of children and young people and, within this, the raising of standards of achievement and attainment. We particularly want to narrow the gap between the lowest and highest performing schools and pupils. This inspection report sets a high standard from which to continue to improve and a clear agenda of where improvements are needed.
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Appendix 1
Local authority performance data
The following table shows the percentage of statutory school age pupils entitled to free school meals in Swansea over the last three years.
2006 2007 2008 Swansea 20.6% 20.4% 19.5% Wales 17.5% 17.4% 17.0% Rank 15 17 16 (1=lowest)
Performance of schools in National Curriculum assessments and public examinations
The following tables compare the percentage of pupils in Swansea achieving the core subject indicator12 (CSI) in National Curriculum teacher assessments in key stages 1, 2 and 3 in the last three years with that of pupils throughout Wales13.
Key stage 1 2006 2007 2008 Swansea 77.5% 78.5% 78.5% Wales 80.6% 80.1% 80.7% Rank14 19 15 16
Key stage 2 2006 2007 2008 Swansea 73.9% 72.6% 73.6% Wales 74.2% 74.1% 75.5% Rank 14 15 15
Key stage 3 2006 2007 2008 Swansea 58.6% 53.0% 59.3% Wales 58.2% 56.7% 59.6% Rank 11 17 15
In key stages 1, 2 and 3, the performance of pupils in Swansea schools in national curriculum assessments is below the average for Wales. However, at key stage 1 performance has improved relative to other authorities across Wales.
12 The Core Subject Indictor represents the percentage of pupils achieving the expected level or above in English or Welsh (first language), mathematics and science in combination. The expected level of the majority of pupils at the end of key stage 1 is level 2, level 4 at key stage 2 and level 5 at key stage 3. 13 Sources: National Statistics: SDR 130/2006, National Curriculum Assessments of 7,11 and 14 year olds: Wales, 2006; SDR 145/2007, National Curriculum Assessments of 7,11 and 14 year olds: Wales, 2007; SDR 129/2008, National Curriculum Assessments of 7,11 and 14 year olds: Wales, 2008 14 When performance is compared to all the 22 authorities across Wales
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The following tables compare the performance of pupils in all maintained settings in Swansea with that of pupils throughout Wales in external examinations at key stage 4.15 Percentage of pupils who gained five or more 2006 2007 2008 GCSEs grade A*-C or vocational equivalent Swansea 51.1% 55.7% 57.5% Wales 53.8% 54.2% 55.8% Rank 12 8 9
Percentage of pupils who achieved the level 1 2006 2007 2008 threshold16 Swansea n/a 85.0% 86.5% Wales n/a 86.0% 86.8% Rank n/a 15 14
Percentage of pupils who achieved the level 2 2006 2007 2008 threshold Swansea n/a 55.8% 57.8% Wales n/a 55.0% 58.0% Rank n/a 8 9
Percentage of pupils who achieved the level 2 threshold including a GCSE pass in English or 2006 2007 2008 Welsh first language and mathematics Swansea n/a n/a 50.2% Wales n/a n/a 45.6% Rank n/a n/a 5
Average wider points score 2006 2007 2008 Swansea 308.2 322.3 342.7 Wales 335.4 343.9 356.0 Rank 20 17 16
Percentage of pupils who attained the CSI at KS4 2006 2007 2008 Swansea 39.4% 42.5% 49.4% Wales 39.7% 40.0% 44.4% Rank 10 8 3
15 Sources: SDR 164/2006, GCSE/GNVQ and GCE A, AS and AVCE results in Wales, 2006; SDR 184/2007(R), GCSE/GNVQ and GCE A, AS, AVCE results in Wales, 2007; SDR 195/2008, Examination Results in Wales 2007/08 16 The new ‘threshold’ indicators represent a volume of approved external qualifications within the National Qualifications Framework. It consists of a wider range of qualifications than previously used. The ‘level 1’ threshold is equivalent to five GCSEs at grades D-G. The ‘level 2’ threshold is equivalent to five GCSEs at grades A*-C.
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Percentage of pupils aged 15 leaving full time 2006 2007 2008 education without a recognised qualification Swansea 2.6% 2.2% 2.7% Wales 2.1% 1.7% 1.5% Rank 16 17 20
Performance of Swansea schools at key stage 4 has improved on all indicators and is now above the Wales average for the percentage gaining five or more A*-C grades at GCSE, the percentage gaining the level 2 threshold including English or Welsh first language and mathematics and the percentage attaining the CSI. Performance on the last two indicators is among the best in Wales.
The percentage of pupils leaving school without a recognised qualification has increased since 2006 despite the trend across Wales being for these to become fewer. As a result, in 2008, Swansea was one of the three lowest performing authorities on this indicator.
The tables below show the distribution of Swansea schools within the all-Wales Free School Meals Benchmark Quarters17 for the Core Subject Indicator18 at each key stage, and for the key stage 4 indicators.
0% 25% 50% 75% 100%
KS1 CSI
KS2 CSI
KS3 CSI
KS4 CSI
Level 1
Level 2
Lev 2 inc EWM
Wider points score
1st Quartile 2nd Quartile 3rd Quartile 4th Quartile
17 Each year school examination and test results are grouped together according to free school meal entitlement. Each group of schools is then divided into four quarters. This allows comparison between similar schools across Wales. 18 The Core Subject Indictor represents the percentage of pupils achieving the expected level or above in English or Welsh (first language), mathematics and science in combination.
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Key stage 1 CSI
Percentage of schools in First Second Third Fourth quarter quarter quarter quarter 2006 22% 25% 31% 22% 2007 11% 35% 33% 21% 2008 15% 35% 22% 28%
Key stage 2 CSI
Percentage of schools in First Second Third Fourth quarter quarter quarter quarter 2006 21% 28% 30% 21% 2007 22% 23% 27% 27% 2008 19% 26% 25% 31%
Key stage 3 CSI
Percentage of schools in First Second Third Fourth quarter quarter quarter quarter 2006 47% 20% 13% 20% 2007 20% 27% 33% 20% 2008 40% 7% 33% 20%
Key stage 4 CSI
Percentage of schools in First Second Third Fourth quarter quarter quarter quarter 2006 33% 27% 13% 27% 2007 47% 13% 13% 27% 2008 53% 20% 7% 20%
When comparing the performance of Swansea schools in 2008 with that of similar schools on the free school meal benchmarks, performance at key stages 1, 2 and 3 is slightly below average. At key stage 4, performance is good when compared to similar schools.
The Welsh Assembly Government sets benchmarks for performance based on entitlement to free school meals, in maintained secondary schools only.
2006 2007 2008 Expected Expected Expected Swansea Swansea Swansea benchmark benchmark benchmark (Actual) (Actual) (Actual) comparison comparison comparison KS3 CSI 59 56 54 54 60 57
GCSE a 5A*-C 52 51 56 51 59 55 GCSE Average b points 38 40 40 40 347 347 score a Level 2 threshold in 2008 b Average wider points score in 2008
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The data in the table overleaf differs from data published elsewhere in this report as this data only refers to pupils in mainstream schools and excludes pupils in PRUs, alternative education and special schools.
Performance in Swansea secondary schools has met or exceeded all except one of these indictors in the last three years. In 2008, the extent to which Swansea exceeded the benchmark for key stage 3 CSI and for the level 2 threshold at key stage 4 is among the best in Wales.
Percentage of Year 11 leavers continuing in full-time education
2006 2007 2008 Swansea 73.5% 16th 74.5% 17th 79.8% 10th Wales 75.7% 77.2% 79.2%
Percentage of Year 11 leavers not in education training or employment (NEETs)
2006 2007 2008 Swansea 8.0% 16th 5.8% 10th 5.8% 7th Wales 6.4% 6.4% 7.1%
The percentage remaining in full-time education has improved at a faster rate than the Wales figure since 2006. The percentage of young people in Swansea who are NEET is better than the average for Wales.
Attendance
Primary19 2005-2006 2006-2007 2007-2008 Unauthorised Unauthorised Unauthorised schools Attendance Attendance Attendance absences absences absences Swansea 91.9% 1.0% 92.5% 0.8% 92.6% 0.7% Wales 92.5% 1.0% 93.1% 0.9% 93.3% 0.9% Rank 15 15 16 12 19 10
Secondary20 2005-2006 2006-2007 2007-2008 Unauthorised Unauthorised Unauthorised schools Attendance Attendance Attendance absences absences absences Swansea 89.7% 2.4% 90.3% 2.3% 90.8% 1.9% Wales 90.2% 1.7% 90.7% 1.8% 91.0% 1.8% Rank 14 20 14 17 12 12
19 Sources: National Statistics: SDR 25/2006, Absenteeism from Primary Schools in Wales, 2004/05; SDR 24/2007, Absenteeism from Primary Schools in Wales, 2006; SDR 23/2008, Absenteeism from Primary Schools in Wales, 2007 20 Sources: National Statistics: SDR 143/2006, Absenteeism from Secondary Schools in Wales, 2005/06; SDR 163/2007 (R), Absenteeism from Secondary Schools in Wales, 2006/07; SDR 170/2008, Absenteeism from Secondary Schools in Wales, 2007/08
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In Swansea secondary schools, the levels of attendance have improved at a faster rate than Wales as a whole and have improved relative to other Welsh authorities.
In primary schools, the overall rate of attendance has not improved at the same rate.
Permanent and fixed exclusions from secondary schools21
Permanent exclusions 2005-2006 2006-2007 2007-2008 (rate per 1,000 pupils) Swansea 1.1 1.2 0.9 Wales 1.9 1.2 1.0 Rank . . .
Fixed term five days or fewer 2005-2006 2006-2007 2007-2008 (rate per 1,000 pupils) Swansea 87.7 78.7 77.3 Wales 70.7 71.1 70.5 Rank 18 15 16
Fixed term of six days or more 2005-2006 2006-2007 2007-2008 (rate per 1,000 pupils) Swansea 12.1 12.2 9.0 Wales 9.0 9.0 7.7 Rank 18 18 14
Rates of exclusion have improved and permanent exclusions are now better than the average for Wales.
Estyn school inspection outcomes
The following table shows the inspection grades for schools inspected in Swansea during the three-year period from September 2005 to March 2009: Key to colours and numbers used in the table:
1 2 3 4 5 Good with Good features and Good features Some good features, Many important outstanding features no important outweigh but shortcomings in shortcomings shortcomings shortcomings important areas
School KQ1 KQ2 KQ3 KQ4 KQ5 KQ6 KQ7 Cadle Primary School 1 1 1 1 1 1 1 Cwmrhydyceirw Primary School 1 1 1 1 1 1 1 Grange Primary School 1 1 1 1 1 1 1
21 Sources: National Statistics: SDR 29/2005, Exclusions from Schools in Wales, 2003/04; SDR 32/2006, Exclusions from Schools in Wales, 2004/05; SDR 32/2007, Exclusions from Schools in Wales, 2005/06; SDR 51/2009, Exclusions from Schools in Wales, 2007/08
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Hafod Primary School 1 1 1 1 1 1 1 Penybryn Senior Special School 1 1 1 1 1 1 1 Pontarddulais Comprehensive School 1 1 1 1 1 1 1 St Josephs Cathedral Junior School 1 1 1 1 1 1 1 St Thomas Primary School 1 1 1 1 1 1 1 Ynystawe Primary School 1 1 1 1 1 1 1 Ysgol Gyfun Bryn Tawe 1 1 1 1 1 1 1 Birchgrove Comprehensive School 2 1 1 1 1 1 1 Waun Wen Primary School 2 1 1 1 1 1 1 Brynhyfryd Infants School 2 2 1 1 1 1 1 Brynhyfryd Junior School 2 1 1 1 1 2 1 Cila Primary School 1 2 1 1 1 2 1 Clydach Infant School 2 2 1 1 1 1 1 Clydach Junior School 2 1 1 1 1 2 1 Gendros Primary School 2 2 1 1 1 1 1 St Josephs Catholic Primary School 1 1 1 1 1 2 2 Tregwyr Infant School 2 1 1 1 1 2 1 Tregwyr Junior School 1 1 1 1 1 2 2 Bishopston Comprehensive School 1 2 1 1 1 2 2 Pontlliw Primary School 2 2 1 1 1 2 1 Ysgol Gynradd Gymraeg Lonlas 2 2 2 1 1 1 1 Crwys Primary School 1 2 2 1 1 2 2 Cwmbwrla Primary School 2 2 2 1 1 2 1 Oystermouth Primary School 1 1 2 1 2 2 2 Penclawdd Primary School 2 1 1 2 2 2 1 St Illtyds R.C. Primary 2 1 2 1 2 2 1 Arfryn Primary School 2 2 2 1 2 2 1 Cwm Primary School 2 2 1 1 2 2 2 Gorseinon Junior School 2 2 2 1 1 2 2 Penllergaer Primary School 1 2 2 1 2 2 2 Pentrechwyth Primary School 2 2 1 1 2 2 2 Trallwn Primary School 2 2 2 1 2 2 1 Christchurch (C.I.W.) VA Primary 2 2 2 1 2 2 2 Danygraig Primary School 2 2 2 1 2 2 2 Pentrehafod School 2 2 2 2 2 2 1 Pentrepoeth Junior School 2 2 2 1 2 2 2 Penyrheol Comprehensive School 2 2 2 2 2 2 1 Penyrheol Primary School 2 2 2 1 2 2 2
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Ysgol Gynradd Gymraeg Felindre 2 2 2 1 2 2 2 Glais Primary School 2 2 2 2 2 2 2 Newton Primary School 2 2 2 2 2 2 2 Parkland Primary School 2 2 3 1 2 2 2 Townhill Community Primary School 2 2 2 2 2 2 2 Waunarlwydd Primary School 2 2 2 2 2 2 2 Bishop Vaughan R.C. School 2 2 3 1 3 2 2 Bishopston Primary School 2 2 2 2 2 3 2 Clwyd Community Primary School 3 2 2 2 2 2 2 Graig Infants School 2 2 2 2 2 3 2 Mayals Primary School 2 2 2 2 2 3 2 Dunvant Primary 2 2 3 2 2 3 2 Gwyrosydd Primary 3 2 2 2 2 3 2 Talycopa Primary School 2 2 3 2 2 3 2 Blaenymaes Primary School 3 3 3 2 3 3 3 Portmead Primary School 3 3 3 2 3 3 3 Cefn Hengoed Community School 3 3 3 2 3 3 4 Llangyfelach Primary School 3 3 4 2 3 3 3 Plasmarl Primary School 3 3 3 2 3 4 3
This represents a positive picture overall. The outcomes of Estyn inspections in Swansea schools are mainly good or very good. In one third of the schools inspected during this time there were outstanding features in at least five key questions. A high percentage of schools gained grade 2 or above for standards, for the quality of teaching and for leadership and management.
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Appendix 2
The grade profile
Will the local How good is the authority’s local authority’s performance performance? improve? Strategic management 2 2 Support for school improvement 2 1 Promoting social inclusion and wellbeing 1 1 Additional learning needs (ALN) 1 1 Access and school organisation 3 2 Support services 2 2
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Appendix 3
The inspection team
Gerard Kerslake HMI Estyn Reporting Inspector
Farrukh Khan HMI Estyn Team inspector
Mererid Stone HMI Estyn Team Inspector
Michael Munting HMI Estyn Team Inspector
Jane Taylor HMI Estyn Team Inspector
Angharad Reed HMI Estyn Team Inspector
Stephen Lamb AI Estyn Team Inspector
Ian Mackinder Wales Audit Office Team Inspector
Pru Davis James Additional Inspector Team Inspector
Dr Mike Newman Additional Inspector Team Inspector
Jon Murphy Monmouthshire County Council Peer Assessor City and County of Swansea Ian James Nominee Council
59 Item No. 9 (A) (1)
Report of the Cabinet Member for Environment
Council – 22nd October 2009
PETITION REQUESTING SAFETY MEASURES IN THE VICINITY OF YSGOL GYNRADD GYMRAEG LON LAS, LLANSAMLET
Summary
Purpose: To advise Council of a petition requesting the introduction of safety measures to benefit pupils attending Y.G.G. Lon Las .
Policy Framework: Council Procedure Rules
Reason for Decision: To respond to petitioners.
Consultation: Local Members, Legal and Finance.
Recommendation: It is recommended that the petition is noted, that the Safer Routes in Communities bid be progressed and that a limited Traffic Regulation Order scheme be implemented.
1. BACKGROUND
1.1 A 615 signature petition has been received from stakeholders in Ysgol Gynradd Gymraeg Lon Las requesting that the Council allocate safe and adequate parking facilities and safe manned crossing points to access the school.
1.2 The request is based on the increasing school role creating additional demand in the vicinity of the school with the background of growing traffic volumes on the surrounding roads. This has resulted in the petitioners becoming concerned with regard to the safety of children in particular travelling to and from the school.
2. COMMENTS
2.1 Accident data for the school’s vicinity has been examined, and this does not suggest that the concerns highlighted by petitioners would be afforded the higher priority for intervention.
The injury accident record for the past three years indicates that there have been two incidents reported both of which were classifies as
60 “slight”, a number which is normally insufficient for the Council to prioritise the site.
2.2 Surveys have been carried out to assess if the area qualifies for the provision of pelican crossings and a School Crossing patrol. The survey data revealed that the area did not qualify for pedestrian crossings, however it did qualify for the provision of a School Crossing Patrol.
2.3 As the site is not currently registered as a School Crossing Patrol site, the Council is unable to provide such a service immediately. However, the intention is to prioritise a number of vacant school crossing patrol sites, to assess if Lon Las forms a higher priority than other locations. If such an argument can be made then a vacant site may be deregistered and the available budget used to employ a School Crossing Patrol at YGG Lon Las, subject to recruitment of a suitable person. Resolution of this process will take the form of a further report to Council.
2.4 As the petition relates to travel around a school, the Welsh Assembly Government initiative to create Safer Routes in Communities offers the opportunity to bid for funding to improve pedestrian access. Recent discussions with Education colleagues has clarified the possible options for the future of the school and allowed the Headteacher to give a commitment to the Safer Routes in Communities bidding process. Work will start on production of the bidding documentation, including consultation events, in April 2010, the bid being submitted in October 2010. If successful funding will be made available from the Welsh Assembly Government in April 2011.
2.5 Officers have attended site on a number of occasions to view the extent of the parking problems. It is unfortunate that parents are guilty of parking in positions that obscure crossing points and thereby create further dangers for the school children. Therefore, it is intended to introduce Traffic Regulation Orders over a limited section of Walters Road and the Tawe Vale Spine Road to address inconsiderate parking and to protect sight lines and dropped crossings for pedestrians
2.6 In addition, consideration is being given to creation of a temporary Park & Stride site, which will allow parents to park away from the school and walk the remaining distance to the school gates. This will assist in reducing vehicle movements around the school which will reduce the risk of personal injury accidents on the surrounding road network. Funding has yet to be identified for such a site. However officers from Regeneration, Environment and Education Departments are working closely together to identify possible solutions and sources of funding.
3. FINANCIAL IMPLICATION
3.1 There is currently no allowance in the capital plan for the introduction of signalised crossings or traffic calming measures. In addition, as the
61 location is not identified as an accident cluster site it would not be awarded a high priority for allocation of available road safety grant. However, a limited scheme of Traffic Regulation Orders will be introduced to maintain visibility splays around the junction of Walters Road and Tawe Vale Spine Road and to protect pedestrian crossing routes, at a cost of £2500, with the advert being placed in the Swansea Leader.
4. LEGAL IMPLICATIONS
4.1 There are no legal implications associated with this report provided that any future Traffic Regulation Orders are made in accordance with the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996. .
5. BACKGROUND PAPERS
5.1 No background papers that need to be disclosed were used in the preparation of this report.
6. RECOMMENDATIONS
6.1 It is recommended that the petition is noted, that the Safer Routes in Communities bid be progressed and that a limited Traffic Regulation Order scheme be implemented.
Contact Officer: Mr M Thomas 01792 636139 Legal Office Mr Roderic Jones 01792 637652 File Reference u/traffic/wardocs/17/Reports/ AFF-YGG Lonlas Petition Date September 2009
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63
Item No.9 (A) (2)
Report of the Cabinet Member for Environment
Council – 22nd October 2009
PETITION REQUESTING TRAFFIC CALMING ALONG DANYGRAIG ROAD, PORT TENNANT.
Summary Purpose: To consider the petition of residents of Danygraig Road, Port Tennant. Policy Framework: To consider petitions in accordance with Council Procedure.
Reason for Decision: To determine the Council’s response to the petition.
Consultation: Local Members, Legal and Finance.
Recommendation(s): That the petition is noted but no further action is required.
1.0 Background:
1.1 A petition containing 429 signatures has been received from residents of Danygraig Road, Port Tennant expressing their concerns regarding the speed of motorists within the area. They request that the Council install 20mph Road Safety Measures along Danygraig Road, including a Pedestrian Crossing for School Children.
1.2 Speed surveys were carried out in July 2008. The findings of this survey were that eastbound along Danygraig Road the 85 percentile was 32.4 mph, and westbound 85 percentile was 34.2mph.
1.3 Statistics showed that there were two slight injuries involving vehicles, in a three year period.
1.4 Traffic Officers have analysed accident statistics and their conclusion is that due to the low numbers and type of incidents occurred it would not present a priority for allocation of limited road safety grant funding at present.
2.0 Legal Implications
2.1 There are no legal implications for this Report, subject to all proper safety checks having been implemented.
64 3.0 Financial implications:
3.1 None
4. 0 Recommendation:
4.1 That the petition is noted but no further action is required.
5.0 Background Papers:
5.1 Petition from residents Danygraig Road.
Contact Officer: Mark Thomas 01792 636233
Legal Officer: Rod Jones 01792 637652
File : Traffic/warddocs/st thomas/reports/petition report for Danygraig road September 2009
Plan attached
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66
Item No. 9 (B) (1)
Report of the Cabinet Members for Business Improvement & Efficiency & Finance
nd Council - 22 October 2009
DELEGATION OF POWER TO MAKE DECISIONS IN RELATION TO PENSIONS MATTERS
Summary
Purpose: To clarify the required changes to the Constitution as referred to in the report to Council on 10th September 2009.
Policy Framework: None
Reason for Decision: To agree amendments to the Constitution
Consultation: Legal, Finance and HR.
Recommendation(s): That Council resolve that:-
1. the resolutions made in principle at the meeting of 10th September 2009 be confirmed.
2. the necessary changes to the Constitution be adopted.
3. the changes set out to the Constitution will take effect immediately on close of this meeting.
1. Introduction
1.1 Council resolved, at the meeting on 10th September 2009, that the report, Delegation of Power to Make Decisions in Relation to Pensions Matters (which is appended to this report), be agreed in principle, but that further details were to be provided to the next meeting of Council, and that specifically the required changes to the Constitution should be listed. Details of the changes to the Constitution will be covered by a presentation, and are also set out in this report.
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2. Changes to the Constitution
2.1 Page 67, at section H, entitled Functions Relating to Pensions etc, the delegation to the ‘Pension Fund Investment Panel’ will be replaced with ‘Pension Fund Panel for matters relating to the Administering Authority, and the Head of HR in conjunction with the Head of Finance for matters relating to the Employing Authority’. Thus the current section:-
No. Function Provision of Act Delegated To or Statutory Instrument H1 Functions relating Regulations Pension Fund to local under section 7, Investment Panel government 12 pensions etc. or 24 of the Superannuation Act 1972.
will be replaced with:-
No. Function Provision of Act Delegated To or Statutory Instrument H1 Functions relating Regulations Pension Fund to local under section 7, Panel for matters government 12 relating to the pensions etc. or 24 of the Administering Superannuation Authority; and Act the Head of HR in 1972. conjunction with the Head of Finance for matters relating to the Employing Authority
2.2 Page 75, Terms of Reference Contents Page, under the heading PANELS (Decision Making Bodies) the ‘Pension Fund Investment Panel’ will be replaced with ‘Pension Fund Panel’
2.3 Page 107, the heading ‘Pension Fund Investment Panel’ will be replaced with ‘Pension Fund Panel’
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2.4 Page 107, point 1. ‘Local Government Pension Scheme (LGPS) Regulations 1997’ will be replaced with ‘Local Government Pension Scheme (LGPS) Regulations in force from time to time’
2.5 Page 107, point 2, ‘LGPS Regulations 1997’ will be replaced with ‘LGPS Regulations in force from time to time’
2.6 Page 107, to be inserted after point 10:-
11. To make decisions and determine discretions of the Administering Authority under the Local Government Pension Scheme Regulations which may from time to time exist.
2.7 After page 107, the Terms of Reference of the Employing Authority will be inserted. This will become page 108, and subsequent page numbering will need to be amended accordingly (i.e. the Standards Committee Vacancy Panel will become page 109, and so on). Page 108 will read:-
Employing Authority
1. To make decisions and determine discretions of the Employer / Employing Authority under the Local Government Pension Scheme Regulations which may from time to time exist.
3. Financial Implication
3.1 There are no financial implications arising from the proposed changes
4. Legal Implications
4.1 There are no additional legal implications.
5. Recommendation(s)
That Council resolve that:-
1. the resolutions made in principle at the meeting of 10th September 2009 be confirmed.
2. the necessary changes to the Constitution be adopted.
3. the changes set out to the Constitution will take effect immediately on close of this meeting.
Background Papers: None
Contact Officer: Carolyn Isaac File Reference: DPH-284
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APPENDIX 1
Diagrammatic illustration of delegation of decision-making in relation to pension matters
Full Council Delegates to - Delegates to -
Administering Authority Employing i.e. Pension Fund Panel Authority
Delegates to - Employing Authority will be represented by the Head of HR acting in Section 151 conjunction with Officer - for initial the Head of decisions Finance – Head of HR/Finance will act on behalf of Employing Authority - for initial decisions
IDRP appeals stage An applicant dissatisfied with the decision at the initial stage may appeal to the person specified under Regulation Specified person 57(5)(c)* to give a decision on – 1st stage of appeal under i.e. the Head of HR / HR Operations the disagreement IDRP – appeals against Manager - whichever has not been initial decision of either the involved at initial decision making stage *Reg 57(5)(c) provides that Administering Authority or to be the decision maker, having taken every notification of first the Employing Authority advice from a Legal and Finance Officer instance decisions must (neither of whom can have been specify the job title and the previously involved in the process) address of the person to whom applications under Regulation 58 (i.e. applications to resolve disagreements) may be made.
If the matter remains unresolved, the applicant may refer the disagreement for reconsideration by the appropriate Administering Authority i.e. proceeds to Stage 2 of the appeal process
Monitoring Officer (acting on behalf of the Administering Authority)– 2nd stage of appeal under IDRP – Monitoring Officer may be advised by a Pensions Officer, and may also seek advice from a Finance and/or HR Officer as appropriate.
For information – Stage 2 is the conclusion of the internal appeal process. However applicants may still refer the matter to the Pensions Ombudsman for consideration 70
Appendix A Item No. 8 (A) (2)
Joint Report of the Cabinet Members for Business Improvement & Efficiency and Finance
th Council – 10 September 2009
DELEGATION OF POWER TO MAKE DECISIONS IN RELATION TO PENSIONS MATTERS
Summary
Purpose: To inform Council of the necessity to put in place a clear line of delegation for the power to make decisions in relation to pensions matters in light of substantial changes to the Local Government Pension Scheme Regulations, and to set up an Internal Dispute Resolution Procedure in accordance with the LGPS Regulations.
Policy Framework: None
Reason for Decision: To provide a clear scheme of delegation for pensions matters relating to the Administering Authority and the Employing Authority in line with legislative requirements
Consultation: HR, Legal and Finance.
Recommendation(s): Council resolve that:-
1. the power to make decisions and exercise all discretions in relation to the Local Government Pension Scheme is delegated to:-
(i) The Pension Fund Investment
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Panel for matters relating to the Administering Authority;
(ii) the Head of HR in conjunction with Head of Finance, acting on behalf of the Employing Authority, for matters requiring a decision by the Employer.
2. The Internal Dispute Resolution Procedure recommended herein be Adopted.
3. The Pension Fund Investment Panel is re-named the Pension Fund Panel.
4. The Scheme of Delegation be amended to reflect the changes.
5. The Terms of Reference of the Pension Fund Panel be amended to include the power to make decisions and determine the discretions of the Administering Authority.
6. The Terms of Reference of the Employing Authority be agreed.
1. Introduction
1.1 All functions relating to sections 7 and 12 of the Superannuation Act 1972 are Council functions which Council has previously delegated to the Pension Fund Investment Panel (‘PFIP’). The Scheme of Delegation relating to pensions is to be found in Part 3 of the Constitution at Section H.
1.2 Within the Local Government Pension Scheme (‘LGPS’) Regulations there is the requirement to exercise various discretions.
1.3 Some of these discretions are to be exercised by the Administering Authority and some by the Employing Authority. There is therefore a need to ensure there is a clear delineation in relation to these discretions. There is also a need to clarify who has authority to exercise these discretions, and to ensure there is a clear distinction between those making decisions on behalf of the Administering Authority and those making decisions on behalf of the Employer/Employing Authority. This will also avoid any potential conflicts between the interests of the Pension Administrators and the Council as the Employer. For the purposes of this report, lists of the discretions currently in existence are attached at
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Appendix 4 (Administering Authority Discretions), Appendix 5 (Employing Authority Discretions) and Appendix 6 (Other Discretions).
1.4 It should be noted that, in relation to pension matters, the Administering Authority acts on behalf of the City & County of Swansea, Neath-Port Talbot County Borough Council, certain Colleges and all Scheduled and Admitted bodies. The Employing Authority will deal with matters only in relation to the employees of the City & County of Swansea.
2. Pension Fund Investment Panel
2.1 This Panel has been known historically as the Pension Fund Investment Panel. However, as nowadays the Panel’s remit is much wider than simply investment, it is increasingly common amongst authorities that the Panel is re-named the Pension Fund Panel to reflect its wider sphere of activity. It is recommended that the Panel be known as the Pension Fund Panel (‘PFP’) forthwith.
2.2 It is recommended that the Terms of Reference of the Pension Fund Panel are amended to include the power to make decisions and determine discretions of the Administering Authority under the Local Government Pension Scheme Regulations which may from time to time exist. A copy of the Terms of Reference is included at Appendix 2. Point 11 has been added to reflect the changes recommended in this paragraph.
3. Employing Authority
3.1 It is recommended that the Terms of Reference of the Employing Authority are that it has the power to make decisions and determine discretions of the Employer / Employing Authority under the Local Government Pension Scheme Regulations which may from time to time exist. The Terms of Reference are set out at Appendix 3.
4. Main Issues
4.1 Authority to exercise discretion and make decisions on behalf of the Pensions Administering Authority and the Employing Authority
4.1.1 At present, under the Constitution, all matters relating to pensions are delegated to the PFIP and there is no distinction between decision making on behalf of the Administering Authority and decision making on behalf of the Employing Authority. As such, there is the potential for there to be a conflict of interest if these roles are not clearly defined. In the interests of probity and transparency, there is a need to separate these responsibilities. There is also a need to create a clear line of delegation to confer power to make decisions in relation to these discretions, on specified bodies or officers.
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4.1.2 In order for there to be greater clarity in these matters, it is proposed that Council delegate:-
(i) decision making in relation to pension matters on behalf of the Administering Authority to the PFP, and that the PFP may delegate its day-to-day decision making to the Section 151 Officer. The decision making body / individual may consult with the Chief Pensions Officer, and, where appropriate, may seek advice from Legal and HR on any decision he/she is required to make. The delegation to the Section 151 Officer is necessary as the PFIP only meets quarterly and many decisions are required to be made within lesser time constraints.
(ii) all decision-making in relation to pension matters on behalf of the Employing Authority to the Head of HR in conjunction with the Head of Finance. The Head of HR/Finance may consult with the Chief Pensions Officer, and, where appropriate, may seek advice from Legal on any decision he/she is required to make.
4.1.3 Thus, all initial decisions, on behalf of the Administering Authority will be taken by the PFP, which may delegate this function to the Section 151 Officer. All initial decisions on behalf of the Employing Authority will be taken by the Head of HR in conjunction with the Head of Finance.
4.2 Responsibility for Hearing Pension Appeals under the Internal Dispute Resolution Procedure
4.2.1 Section 50 of the Pensions Act 1995 requires trustees or managers of an occupational pension scheme to put in place an Internal Dispute Resolution Procedure (‘IDRP’) for determining disputes relating to pension benefits. The Local Government Pension Scheme (Administering) Regulations 2008 (‘the Administering Regulations’) provides for the Scheme’s arrangements in this respect.
4.2.2 Previously, a report was taken to the PFIP with the recommendation that it delegated its power to hear appeals to the Pension Appeal Panel. That was agreed, and that procedure has subsequently been followed. It is recommended that this process is no longer followed and that the procedure outlined in the following and subsequent paragraphs, replaces the current process.
4.2.3 Under the Administering Regulations, members of the Scheme have the right to appeal against decisions made in relation to their pension entitlement. The Regulations provide that first stage appeals (i.e. those appealing against the initial decision of either the Administering Authority or the Employing Authority) may be made to a specified person (Regulation 58(3) of the LGPS (Administering) Regulations 2008). It is proposed that the officer specified to consider applications to resolve disagreements (i.e. appeals) at First Stage (i.e. Stage 1 appeal) should be
74
the Head of HR / HR Operations Manager, having taken advice from a Legal and Finance Officer. This could take the form of the existing Pension Appeal Panel, but with the decision-maker being the Head of HR / HR Operations Manager, and not the Panel as a whole as it does now. The person making the decision at the appeal stage cannot have made a decision on the same matter at an earlier stage.
4.2.4 Each authority / body will specify a person within its own organisation to hear appeals at stage 1 of the IDRP. Thus, the Employing Authority will only hear appeals submitted by members of its own authority, e.g. appeals by employees of City & County of Swansea (‘CCS’) will be heard by the person specified by CCS; appeals by employees of Neath-Port Talbot County Borough Council (‘NPT’) will be heard by the person specified by NPT, and so on.
4.2.5 Where there is disagreement on the decision at first stage appeal, the applicant may apply to the Administering Authority to reconsider the disagreement, i.e. 2nd stage appeal. Previously, this function has been carried out by this Authority’s Monitoring Officer, on behalf of the Administering Authority. It is proposed that this continues. The Monitoring Officer may be advised by a Pensions Officer, and may also seek advice from a Finance and/or HR Officer, as appropriate.
5. General
5.1 It should be noted that if the proposals contained within this report are adopted, it will be necessary to amend the Authority’s Constitution to reflect the changes in delegation (and Terms of Reference), particularly to make clear the separation between decision making on behalf of the Administering Authority and decision making on behalf of the Employer.
5.2 In order to illustrate the process outlined above, a diagrammatic chart is appended to this report (see Appendix 1).
6. Financial Implication
6.1 There are no financial implications arising from the proposed changes
7. Legal Implications
7.1 There are no additional legal implications.
8. Recommendation(s)
Council resolve that:-
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1. the power to make decisions and exercise all discretions in relation to the Local Government Pension Scheme is delegated to:-
(i) The Pension Fund Investment Panel for matters relating to the Administering Authority;
(ii) the Head of HR in conjunction with Head of Finance, acting on behalf of the Employing Authority, for matters requiring a decision by the Employer.
2. The Internal Dispute Resolution Procedure recommended herein be Adopted.
3. The Pension Fund Investment Panel is re-named the Pension Fund Panel.
4. The Scheme of Delegation be amended to reflect the changes.
5. The Terms of Reference of the Pension Fund Panel be amended to include the power to make decisions and determine the discretions of the Administering Authority.
6. The Terms of Reference of the Employing Authority be agreed.
Background Papers: None
Contact Officer: Carolyn Isaac
File Reference: DPH-284
76
APPENDIX 1
Diagrammatic illustration of delegation of decision-making in relation to pension matters
Full Council Delegates to - Delegates to -
Administering Authority Employing i.e. Pension Fund Panel Authority
Delegates to - Employing Authority will be represented by the Head of HR acting in Section 151 conjunction with Officer - for initial the Head of decisions Finance – Head of HR/Finance will act on behalf of Employing Authority - for initial decisions
IDRP appeals stage An applicant dissatisfied with the decision at the initial stage may appeal to the person specified under Regulation Specified person 57(5)(c)* to give a decision on – 1st stage of appeal under i.e. the Head of HR / HR Operations the disagreement IDRP – appeals against Manager - whichever has not been initial decision of either the involved at initial decision making stage *Reg 57(5)(c) provides that Administering Authority or to be the decision maker, having taken every notification of first the Employing Authority advice from a Legal and Finance Officer instance decisions must (neither of whom can have been specify the job title and the previously involved in the process) address of the person to whom applications under Regulation 58 (i.e. applications to resolve disagreements) may be made.
If the matter remains unresolved, the applicant may refer the disagreement for reconsideration by the appropriate Administering Authority i.e. proceeds to Stage 2 of the appeal process
Monitoring Officer (acting on behalf of the Administering Authority)– 2nd stage of appeal under IDRP – Monitoring Officer may be advised by a Pensions Officer, and may also seek advice from a Finance and/or HR Officer as appropriate.
For information – Stage 2 is the conclusion of the internal appeal process. However applicants may still refer the matter to the Pensions Ombudsman for consideration 77 APPENDIX 2 TERMS OF REFERENCE
Pension Fund Investment Panel
1. To establish and keep under review policies to be applied by the Council in exercising its discretions as an Administering Authority under the Local Government Pension Scheme (LGPS) Regulations in force from time to time.
2. To make recommendations to the Council as necessary on the financial implications for the Pension Fund of discretions available to the Council as an employing authority under the LGPS Regulations in force from time to time.
3. To monitor factors likely to affect the solvency of the Pension Fund between the triennial valuations of the Fund by its independent actuary including specifically, the impact of early retirements approved by all employing bodies within the fund.
4. To determine the strategic aims for investment of the Fund and the benchmarks by which performance will be measured.
5. To arrange for independent investment advice to be available to the Panel at any time.
6. To determine, keep under review and, where appropriate, secure changes in the management arrangements for investment of the Pension Fund.
7. To monitor on a regular basis against its objectives and benchmarks the Fund’s investment performance.
8. To approve attendance of the Panel or any of its Members or Officers at Regional or National meetings arranged to assist Members of investment panels to fulfil their trustee responsibilities.
9. To ensure effective communication and liaison with other employing bodies within the City & County of Swansea Pension Fund.
10. To respond to consultative documents affecting the Local Government Pension Scheme.
11. To make decisions and determine discretions of the Administering Authority under the Local Government Pension Scheme Regulations which may from time to time exist.
78 APPENDIX 3 TERMS OF REFERENCE
Employing Authority
To make decisions and determine discretions of the Employer / Employing Authority under the Local Government Pension Scheme Regulations which may from time to time exist.
79 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS Discretions from 1.4.08. in relation to post 31.3.08. active members (excluding councillor members) and post 31.3.08. leavers (excluding councillor members), being discretions under: - the Local Government Pension Scheme (Administration) Regulations 2008 [prefix A] - the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (as amended) [prefix B] - the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 [prefix T] - the Local Government Pension Scheme Regulations 1997 (as amended) [prefix L] - the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (as amended) [prefix OT]
Admin Regulations Discretion Written Policy in Authority Policy place Required A5(1) & Whether to agree to an A7(4) admission agreement with a community body Whether to agree to an admission agreement A12(6) with a Care Trust or NHS Scheme employing authority Whether to terminate a transferee admission agreement in the event of - insolvency, winding up or liquidation of the body - breach by that ASch3, para body of its 10 obligations under the admission agreement 2. failure by that body to pay over sums due to the Fund within a reasonable period of being requested to do
80 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS so B3(11) Frequency of payment of member’s contributions A19(8)(b) Whether to extend normal 12 month period following end of relevant reserve forces leave for "Cancelling notice"to be submitted requesting that the service should not be treated as relevant reserve forces service A23(3) Whether to require a satisfactory medical before agreeing to an additional regulation contribution (ARC) election under B14 A28(2) Whether to charge member for provision of estimate of additional pension that would be provided by the Scheme in return for transfer of in house AVC/SCAVC funds A31 Governance policy must state whether the admin authority delegates their function of part of their function in relation to maintaining a pension fund to a committee, a sub committee or an officer of the admin authority and, if they do so delegate, state - the frequency of any committee or sub-committee meetings - the terms of reference, structure and operational procedures appertaining to the delegation - whether
81 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS representatives of employing authorities or members are included and, if so, whether they have voting rights The policy must also state the extent to which a delegation, or the absence of a delegation, complies with Sec of State guidance and, to the extent it does not so comply, state the reasons for not complying. Whether to set up a A32(1) separate admission agreement fund Decide on Funding Strategy for inclusion in A35 funding strategy statement Whether to obtain revision of employer’s contribution rate on termination of an A38(3) admission agreement where underfunding not met by insurer, bond or indemnity Whether to obtain revision of employer’s contribution rate with a A38(4) view to ensure no underfunding by time admission agreement terminates Whether to require any strain on Fund costs to be paid “up front” by employing authority following redundancy, A41(2) flexible retirement, or the waiver (in whole or in part) of any actuarial reduction on flexible retirement (but not waiver of reduction in full
82 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS on compassionate grounds). NB: there is no provision equivalent to that in regulation 80(5) of the 1997 Regulations which permits strain on Fund costs to be charged for early voluntary retirements (i.e. after age 50/55 and before age 60) or early payment of a deferred benefit on health grounds. Decide frequency of payments to be made A42(1) over to Fund by employers. Decide form and frequency of information A42(4) to accompany payments to the Fund Whether to issue employer with notice to recover additional costs A43 incurred as a result of the employer’s level of performance Whether to charge interest on payments by A44(1) employers overdue by more than 1 month Extend time period for TSch1 & capitalisation of added L83(5) years contract Outstanding employee contributions can be A45(3) recovered as a simple debt or by deduction from benefits Can pay death grant due to personal representatives or anyone appearing to be A52(2) beneficially entitled to the estate without need for grant of probate / letters of administration A56(2) Approve medical
83 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS advisors used by employers (for ill health benefits) Decide procedure to be followed by admin authority when exercising its stage two A60(8) IDRP functions and decide the manner in which those functions are to be exercised Whether admin. authority should appeal A63(2) against employer decision (or lack of a decision) Specify information to be supplied by employers to A64(1)(b) enable admin. authority to discharge its functions Whether to have a written pensions A65(1) & (2) administration strategy and, if so, the matters it should include Communication policy must set out policy on communicating with members, representatives of A67 members, prospective members and employing authorities and format, frequency and method of communications Date to which benefits A68 shown on annual benefit statement are calculated A70(1) & Decide policy on A71(4)(c) & abatement of pensions T12 following re-employment Allow transfer of pension A83(9) rights into the Fund Whether to extend normal time limit for TSch1 & acceptance of restitution L122A(2)(c) transfer value beyond 12 months from joining the LGPS B23(2) & Decide to whom death
84 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS B32(2) & grant is paid B35(2) & TSch1 & L155(4) Decide evidence required to determine financial dependence of nominated co-habitee on B25 scheme member or financial interdependence of nominated co-habitee and scheme member Decide to treat child as being in continuous B26(5)(a) education or training despite a break Decide to suspend child’s pension during a B26(5)(b) break in education or training B39 & Decide whether to T14(3) commute small pension Decide, in the absence of an election from the member, which benefit is to be paid where the member would be B42(1)(c) entitled to a benefit under 2 or more regulations in respect of the same period of Scheme membership Whether to accept a TSch1 & partial restitution L122A(8) payment TSch1 & How to discharge L147 Pension Credit liability Employer Agree method of paying / Admin for augmented membership Authority A40(2) & (4) granted under B12 or additional pension granted under B13 Whether to extend the one month period within which a lump sum payment by the A40(9)(b) employer under A40(2) has to be made (to pay for any augmented membership granted under B12 or
85 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS additional pension granted under B13) Agree to bulk transfer A81(1)(b) payment
Discretions under the Local Government Pension Scheme Regulations 1997 (as amended) in relation to active councillor members and pre 1.4.08. scheme leavers
Admin. Frequency of payment Authority 12(5) of councillors’ contributions Extend normal 12 month period following end of relevant reserve forces leave for 17(4),(7),(8), "Cancelling notice" to & 89(4) & be submitted by a Sch 1 councillor member requesting that the service should not be treated as relevant reserve forces service Decide to whom death grant is paid in respect 38(1) & of councillor members 155(4) and post 31.3.98. / pre 1.4.08. leavers Treat child as being in continuous education or training despite a break 44(3) (children of councillor members and children of post 31.3.98. / pre 1.4.08. leavers) Apportionment of children’s pension amongst eligible 47(1) children (children of councillor members and children of post 31.3.98. / pre 1.4.08. leavers) Pay child’s pension to another person for the benefit of the child 47(2) (children of councillor members and children of post 31.3.98. / pre 1.4.08. leavers)
86 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS Agree to commutation 49 & 156 of small pension Commute benefits due to exceptional ill-health 50 and 157 (councillor members and pre 1.4.08. leavers) Whether acceptance of AVC election is subject 60(5) to a minimum payment (councillors only) Whether to require any strain on Fund costs to be paid “up front” by employing authority following early voluntary retirement of a councillor (i.e. after age 80(5) 50/55 and before age 60), or early payment of a deferred benefit on health grounds or from age 50 with employer consent (pre 1.4.08. leavers). Frequency of employer’s payments to 81(1) the fund (in respect of councillor members). Form and frequency of information to 81(5) accompany payments to the Fund (in respect of councillor members) Interest on payments by employers overdue by 82(1) more than 1 month (in respect of councillor members) Outstanding employee contributions can be recovered as a simple 89(3) debt or by deduction from benefits (councillors and pre 1.4.08. leavers) Timing of pension increase payments by 91(6) employers to fund (pre 1.4.08. leavers) 95 Pay death grant due to
87 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS personal representatives without need for grant of probate / letters of administration (death of councillor or pre 1.4.08. leaver) Approve medical advisors used by employers (re ill health benefits for councillors 97(10) and re pre 1.4.08. preserved benefits payable on health grounds) Decide procedure to be followed by admin authority when exercising its IDRP functions and decide 99 the manner in which those functions are to be exercised (councillors and pre 1.4.08. leavers) Appeal against employer decision, or 105(1) lack of a decision (councillors and pre 1.4.08. leavers) Abatement of pensions following re- 109 & employment 110(4)(b) (councillors and pre 1.4.08. leavers) Retention of CEP where member transfers out 118 (councillors and pre 1.4.08. leavers) Discharge Pension 147 Credit liability (councillors)
Discretions under the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (as amended)
Para 21 of Spouse’s pensions for Sch 3 life for pre 1.4.98 retirees
88 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS / deferreds who die on or after 1.4.98. Former 17(3) Extending time limit for employer repayment of a previous and new refund (1.4.74 to Admin. 31.12.79) Authority
Discretions under the Local Government Pension Scheme Regulations 1995 (as amended) in relation to pre 1.4.98. scheme leavers
Admin. Decide to whom death grant Authority E8 is paid in respect of pre 1.4.98. leavers Treat child as being in continuous education or G1 training despite a break (children of pre 1.4.98. leavers) Apportionment of children’s pension amongst eligible G11(1) children (children of pre 1.4.98. leavers) Pay child’s pension to another person for the G11(2) benefit of the child (children of pre 1.4.98. leavers)
Discretions under the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 (as amended)
Under Regulation 26 of the Discretionary Compensation Regulations, each authority (other than an Admitted Body) is required to formulate and keep under review a policy which applies in respect of exercising their discretion in relation to:
31(2) Agree to pay compensation on behalf of employer and recharge payments to employer
89 APPENDIX 4 LGPS – ADMINISTERING AUTHORITY DISCRETIONS Discretions under the Local Authorities (Members’ Allowances) (England) Regulations 2003 [SI 2003/1021]
Relevant 11 Scheme of allowances made Authority by a district council, county council or London borough council must specify which members will be eligible to join the LGPS and whether the basic and / or special responsibility allowances will be pensionable
Discretions under the Local Authorities (Allowances for Members) (Wales) Regulations 2007 [SI 2007/1086]
Relevant 38 Scheme of allowances made Authority by a county council or county borough council must specify which members will be eligible to join the LGPS and that the basic and special responsibility allowances will be pensionable
90 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
Discretions from 1.4.08. in relation to post 31.3.08. active members (excluding councillor members) and post 31.3.08. leavers (excluding councillor members), being discretions under: - the Local Government Pension Scheme (Administration) Regulations 2008 [prefix A] - the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (as amended) [prefix B] - the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 [prefix T] - the Local Government Pension Scheme Regulations 1997 (as amended) [prefix L] - the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (as amended) [prefix OT]
Employer Regulation Discretion Written Policy in Policy Place Required
A4(3) & To whom to offer ASch2(Pt 2) membership to the & A8(1) LGPS (designation bodies) A7(1) & Which employees A12(6) to nominate for membership (admission bodies) A16(4)(b)(ii) Whether to extend the 12 month option period for aggregation of deferred benefits B3 & T9 Determine rate of employees’ contributions T9 & L12(3) & Allow an L14(3)(b) “outsourced” manual worker to make a late option to continue to pay 5% contribution rate upon return to the LGPS (where option is made
91 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
more than 30 days after rejoining the LGPS). NB: it would appear from T9 that the protection to pay the manual worker rate under L14 only continues 31..3.11 for those who were active members at both 31.3.08 and 1.4.08 but not to those who left before 1.4.08 and return after then. This is not logical. B4(1)(b) Specify in an employee’s contract what other payments or benefits, other than those specified in B4(1)(a) and not otherwise precluded by B4(2) or (3), are to be pensionable. Reg 8 of SI Whether to recover 2006/966 employee contributions that been reduced or waived after 40 years pensionable local government service prior to the deletion of L15 by SI 2006/966 A22(2) Whether to allow a late application by member to pay optional contributions for a period of unpaid child related leave, strike, or unpaid leave of absence beyond 30 days
92 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
B12 Whether to augment membership of an active member (by up to 10 years) B13 Whether to grant additional pension to a member (by up to £5,000 p.a.) A25(3) & Whether, how B15(3) much, and in what circumstances to contribute to a shared cost AVC scheme TSch1 & Allow late L66(8) & application to former convert scheme L66(9)(b) AVCs into membership credit i.e. allow application more than 30 days after cessation of active membership A47(2) No right to return of contributions due to offence of a fraudulent character or grave misconduct unless employer directs a total or partial refund is to be made A45(1) & (2) Employer may deduct contributions from an employee’s pay or reserve forces pay A49(1) & (2) Contribution Equivalent Premium (CEP) in excess of the Certified Amount (CA) recovered from a refund of contributions can
93 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
be recovered from the Pension Fund A72(1) Whether to apply to Secretary of State for a forfeiture certificate (where member is convicted of a relevant offence) A72(3) Where forfeiture certificate is issued, whether to direct that benefits are to be forfeited A73(1) & (2) Where forfeiture certificate is issued, whether to direct interim payments out of Pension Fund until decision is taken to either apply the certificate or to pay benefits A74(2) Whether to recover from Fund any monetary obligation or, if less, the value of the member’s benefits (other than transferred in pension rights or AVCs/SCAVCs) where the obligation was incurred as a result of a criminal, negligent or fraudulent act or omission in connection with the employment and as a result of which the person has left employment A76(2) & (3) Whether to recover from Fund any financial loss
94 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
caused by fraudulent offence or grave misconduct of employee (who has left because of that), or amount of refund if less A83(8) Extend normal time limit for acceptance of a transfer value beyond 12 months from joining the LGPS Whether to allow a member to select final pay period for fees to be any 3 B11(2) consecutive years ending 31st March in the 10 years prior to leaving Whether all or some benefits can be paid if an B18(1) employee reduces their hours or grade (flexible retirement) Whether to waive, in whole or in part, B18(3) actuarial reduction on benefits paid on flexible retirement Decide which ill B20 health tier leaver falls into Whether to grant application for early payment of B30(2) benefits on or after age 50/55 and before age 60 Whether to waive, on compassionate grounds, the B30(5) actuarial reduction applied to benefits paid early
95 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
Decide whether deferred B31 beneficiary meets permanent ill health criteria To accept (late) elections after 31.3.98. from members who want to count membership between 1.4.72. T6(3) & and 5.4.88 for L42(4) [which widower’s still refers to pensions. If a late the 1997 election is allowed Transitional the employer must Regulations] pass a resolution, & OT9 within 6 months of agreeing to accept the election, to state that the membership will count for widower’s pensions. Employer/Admin Agree method of Authority paying for augmented membership A40(2) & (4) granted under B12 or additional pension granted under B13 Whether to extend the one month period within which a lump sum payment by the employer under A40(2) has to be A40(9)(b) made (to pay for any augmented membership granted under B12 or additional pension granted under B13) A81(1)(b) Agree to bulk
96 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
transfer payment
Transferor Whether to agree A6(1) & Employer to an admission A6(10)(a) agreement with a
transferee body Define what is meant by A6(12) “employed in connection with” Whether to set off against payments due to a transferee ASch3, para admission body 12(b) any sums due to the Fund by that body
Discretions under the Local Government Pension Scheme Regulations 1997 (as amended) in relation to active councillor members and pre 1.4.08. scheme leavers
Employer Regulation Discretion Written Policy Required
7(9)(a) Allow a councillor who has opted out more than once to rejoin 18(6) & (7) Allow a late application by a councillor member to pay optional contributions for a period of absence 31(2) Grant application from a post 31.3.98. / pre 1.4.08. leaver or from a councillor for early payment of benefits on or after age 50/55 and before age 60 31(5) Waive, on compassionate grounds, the
97 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
actuarial reduction applied to benefits paid early for a post 31.3.98. / pre 1.4.08. leaver or a councillor leaver 31(7A) Councillor optants out only to get benefits paid from NRD if employer agrees 32(8A) Whether to extend 12 month period for aggregation of deferred benefits (where deferred councillor member wishes to aggregate with current councillor membership in the same Fund) 34(1)(b) Decide, in the absence from a post 31.3.98. / pre 1.4.08. leaver of an election from the member within 3 months of being able to elect, which benefit is to be paid where the member would be entitled to a pension or retirement grant under 2 or more regulations in respect of the same period of Scheme membership 88(2) No right to return of contributions due to offence of a fraudulent character unless employer directs a total or partial
98 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
refund is to be made (councillors and pre 1.4.08. leavers) 89(1) & (2) Employer may deduct contributions from an councillor’s pay or reserve forces pay 92 Contribution Equivalent Premium (CEP) in excess of the Certified Amount (CA) recovered from a refund of contributions can be recovered from the Pension Fund (councillor leavers and pre 1.4.08. leavers) Forfeiture of pension rights on issue of Secretary of State’s 111(2) & (5) certificate (councillors and pre 1.4.08. leavers) Where forfeiture certificate is issued, direct interim payments out of Pension Fund until 112(1) decision is taken to either apply the certificate or to pay benefits (councillors and pre 1.4.08. leavers) Recovery from Fund of monetary obligation owed by 113(2) former employee or, if less, the
99 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
value of the member’s benefits (other than transferred in pension rights) (councillors and pre 1.4.08. leavers) Recovery from Fund of financial loss caused by employee, or 115(2) & (3) amount of refund if less (councillors and pre 1.4.08. leavers)
Discretions under the Local Government Pension Scheme
(Transitional Provisions) Regulations 1997 (as amended)
9 To accept (late) elections after 31.3.98. from members who want to count membership between 1.4.72. and 5.4.88 for widower’s pensions. If a late election is allowed the employer must pass a resolution, within 6 months of agreeing to accept the election, to state that the membership will count for widower’s pensions. Former employer 17(3) Extending time and new limit for repayment Admin. of a previous authority refund (1.4.74 to
100 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
31.12.79)
Discretions under the Local Government Pension Scheme Regulations 1995 (as amended) in relation to pre 1.4.98. scheme leavers
Employer Grant application from a pre 1.4.98. leaver for early payment of D11(2)(c) deferred benefits on or after age 50 on compassionate grounds Decide, in the absence from a pre 1.4.98. leaver of an election from the member within 3 months of being able to elect, which benefit is to be paid D10 where the member would be entitled to a pension or retirement grant under 2 or more regulations in respect of the same period of Scheme membership
Discretions under the Local Government (Early Termination of
Employment) (Discretionary Compensation) (England and
Wales) Regulations 2006 (as amended)
101 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
Under Regulation 7 of the Discretionary Compensation Regulations, each authority (other than an Admitted Body) is required to formulate and keep under review a policy which applies in respect of exercising their discretion in relation to:
To base redundancy payments on an 5 actual weeks pay where this exceeds the statutory weeks pay limit. To award lump sum compensation of up to 104 weeks pay in cases of redundancy, 6 termination of employment on efficiency grounds, or cessation of a joint appointment. To award compensatory added years to a person aged 50 or over with 5 or more years membership (or notional membership) of the LGPS in cases of redundancy, termination of 11(2) employment on efficiency grounds, or cessation of a joint appointment which occurred after 30th September 2006 and before 1st April 2007 (but only if employment had commenced pre 1st October 2006)
102 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
Discretions under the Local Government (Early Termination of
Employment) (Discretionary Compensation) (England and
Wales) Regulations 2000 (as amended)
How to apportion any surviving spouse's annual compensatory 21(4) added years payment where the deceased person is survived by more than one spouse How it will decide to whom any children's annual compensatory added years payments are to be paid where children's pensions are not payable 25(2) under the LGPS (because the employee had not joined the LGPS) and, in such a case, how the annual added years will be apportioned amongst the eligible children Whether, in respect of the spouse of a person who ceased employment before 1 April 1998 and 21(7) where the spouse or civil partner remarries, enters into a new civil partnership or cohabits after 1
103 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
April 1998, the normal pension suspension rules should be disapplied i.e. whether the spouse's or civil partner’s annual compensatory added years payments should continue to be paid If, under the preceding decision, the authority's policy is to apply the normal suspension rules, whether the spouse's or civil 21(5) partner’s annual compensatory added years payment should be reinstated after the end of the remarriage, new civil partnership or cohabitation Whether and to what extent to reduce or suspend the member's annual 17 compensatory added years payment during any period of re- employment in local government How to reduce the member's annual compensatory added years 19 payment following the cessation of a period of re- employment in local government
104 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
Discretions under the Local Government (Discretionary
Payments) Regulations 1996 (as amended)
Amount of injury allowance following loss of employment through permanent incapacity after 34(2) and sustaining an injury 38 or contracting a disease as a result of anything required to do in carrying out duties of job. Suspend or discontinue injury 34(4) allowance if person becomes capable of working again Amount of injury allowance following reduction in pay after sustaining an injury or contracting 35 and 38 a disease as a result of anything required to do in carrying out duties of job. Amount and duration of injury allowance following cessation of 36 employment where reg 35 payment was being made but reg 34 does not apply. Amount and 37(3), duration of a 37(6) and dependant’s, 38 spouse’s or civil partner’s injury
105 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
allowance following death of employee after sustaining an injury or contracting a disease as a result of anything required to do in carrying out duties of job. Reinstate spouse’s or civil partner’s injury allowance following earlier cessation due to 37(4) cohabitation, remarriage or registration of a new civil partnership Amount of death in service gratuity payable to 40 surviving dependant, spouse or civil partner Amount or 41 retirement gratuity payable Amount of gratuity payable to surviving dependant, spouse or civil partner 41(4) where amount of annuity payments fall short of their capital value at date of award Amount if 42 redundancy gratuity payable Amount if redundancy gratuity payable to surviving 42(4) dependant, spouse or civil partner where amount of redundancy annuity
106 APPENDIX 5 LGPS – EMPLOYING AUTHORITY DISCRETIONS
payments fall short of their capital value at date of award Amount of gratuity payable to any other surviving dependant, spouse or civil partner 42(7) where amount of annuity payments paid under 42(4) fall short of their capital value at date of award Formulate and keep under review the injury allowance 46A and gratuity policies to be operated by the authority
107 APPENDIX 6 LGPS – OTHER - DISCRETIONS
Discretions from 1.4.08. in relation to post 31.3.08. active members (excluding councillor members) and post 31.3.08. leavers (excluding councillor members), being discretions under:
- the Local Government Pension Scheme (Administration) Regulations 2008
Others Regulation Discretion Written Policy in Policy Place Required Whether to approve a Secretary of 5(2)(a)(ii) & community admitted State 5(3) body under 5(2)(a)(ii)
Whether to 6(2)(b) & 6(4) approve a transferee admitted body under 6(2)(b) Whether to 63(3)(b) extend six month period for admin. authority to lodge an appeal against an employer decision Person making Whether to stage one IDRP 58(7)(b) extend six decision month period to lodge a stage one IDRP appeal Fund actuary 82(2) Determine adjustments to bulk transfer payment 82(5) Determine who should bear bulk transfer actuarial costs (where more than one employing authority is involved in the transfer)
108 APPENDIX 6 LGPS – OTHER - DISCRETIONS
Actuaries for both Agree bulk Funds 86(3) inter fund adjustment terms (where 10 or more members affected by a single event)
109 Item No. 9 (C) (1)
Report of the Cabinet Member for Community Leadership and Democracy
Council – 22nd October 2009
MEMBERSHIP OF COMMITTEES
Summary
Purpose: That Council approves the nominations / amendments to the Bodies listed below. Policy Framework: None.
Reason for Decision: To agree nominations for Committee Membership / Outside Bodies. Consultation: Political Groups.
Recommendation(s): It is recommended that Council approves the nominations / amendments to the membership of the Bodies listed.
1. Introduction
1.1 The Annual Meeting of Council on 11 May 2009, agreed membership of the various Committees / Boards as reflected in the lists submitted by the Political Groups.
2. Changes to Committee Membership
2.1 The Political Groups have since submitted further changes / nominations which are outlined below:
COMMITTEES/PANELS/GROUPS ETC
Local Development Plan Advisory Group Appoint Councillors DG Sullivan(Chair), VN Abbott, ARA Clement, J Newbury, D Price and DP Tucker 4 Labour vacancies 1 Conservative vacancy
Councillors ICT Working Group Appoint Councillors MH Jones, SM Jones, JB Kelleher and P Hood-Williams 2 Labour vacancies
Chief Executives Remuneration & Appraisal Committee Remove Councillor SJ Rice
110 OUTSIDE BODIES
Shoreline Management Plan- Appoint Councillor JB Hague Cycling Forum-Appoint Councillor R Speht in place of Councillor IM Richard
3. RECOMMENDATION. that Council approves the nominations / amendments to the membership of the Bodies listed.
Background papers: Local Government & Housing Act 1989, the Local Government (Committees & Political Groups) Regulations 1990.
Contact Officer: Gareth Borsden 01792 636824 14.10.2009
Legal Officer: Rod Jones
111 Item No. 9 (D) (1)
Report of the Cabinet Member for Finance
Council – 22nd October 2009
TREASURY MANAGEMENT ANNUAL REPORT 2008/09
Summary
Purpose: This report provides details of the Council’s Treasury Management activities during 2008/09 and compares actual performance against the strategy and indicators agreed at the start of the year.
Policy Framework: Treasury Management Policy Statement approved by Council 8th March 2001; Financial Procedure Rules.
Reason For Decision: To comply with the requirements of CIPFA’s Code of Practice on Treasury Management and CIPFA’s Prudential Code for Capital Finance in Local Authorities.
Consultation: Finance and Legal.
Recommendation: That the Treasury Management Annual Report 2008/09 be noted.
1 Introduction
1.1 Under the CIPFA Code of Practice on Treasury Management in Public Services, there is a requirement:
“….for the Council to receive reports on its treasury management policies, practices and activities”.
1.2 The attached report summarises the activities for the year.
1.3 The Prudential Code for Capital Finance in Local Authorities also requires the reporting of outturn Prudential Indicators for the year.
2 Executive Summary of Activities During The Year
2.1 The 2008/09 borrowing requirement of £13.6m was identified. Due to capacity constraints and low investment returns, it was determined to utilise internal funds on an interim basis. As such no new borrowing was undertaken in 2008/09.
112 2.2 The average interest rate on Council borrowing has decreased by 0.42% from 5.93% to 5.51%.
2.3 Active debt management resulted in the early repayment of £20.847m of PWLB debt - a potential saving in net interest charges of over £600,000 per annum.
2.4 Internally Managed investments of the Council’s reserves achieved interest of £6,818,406 - a return of 5.03%. This represents an outperformance of 1.34% from the 7day uncompounded LIBID benchmark rate of 3.69%.
2.5 The external fund manager returned 5.96%. This represented an outperformance of 1.47% from the 3 month LIBID rate of 4.49%.
2.6 The Council has operated within the determined treasury limits outlined in the appendices.
3 Financial Implications
3.1 There are no financial implications arising directly from this report.
4 Legal Implications
4.1 There are no legal implications arising directly from the report.
5 Recommendation
5.1 That the Treasury Management Annual Report 2008/09 be noted.
Background Papers:
• Treasury Management Strategy and Investment Strategy Statement (Mar 2008) • Capital Programme-Prudential Code and Prudential Indicators Report (Mar 2008)
Contact officer: Mr Jeff Dong, Chief Treasury & Technical Officer 01792 636934 Legal Officer – Patrick Arran
113
Treasury Management Annual Report
2008/09
Contents
Page Section No.
1. Executive Summary 2
2. Introduction and Background 2
3. Debt Portfolio 3
4. Treasury Strategy 2008/09 4
5. Actual Borrowing 2008/09 5
6. Compliance with Treasury Limits 5
7. Capital Financing Charges 2008/09 5
8. Investment Strategy for 2008/09 5
9. Actual Investments 2008/09 7
10. The Audit Commission Report on the Icelandic Banks 8
11. Early Debt Repayment 9
Appendices
114
1. Executive Summary
1.1 The 2008/09 borrowing requirement of £13.6m was identified. Due to capacity constraints and low investment returns, it was determined to utilise internal funds on an interim basis. As such no new borrowing was undertaken in 2008/09.
1.2 The average interest rate on Council borrowing has decreased by 0.42% from 5.93% to 5.51%.
1.3 Active debt management resulted in the early repayment of of £20.847m of PWLB debt - a potential saving in net interest charges of over £600,000 per annum.
1.4 Internally Managed investments of the Council’s reserves acheived interest of £6,818,406 – a return of 5.03%. This represents an outperformance of 1.34% from the 7day uncompounded LIBID benchmark rate of 3.69%.
1.5 The external fund manager returned 5.96%. This represented an outperformance of 1.47% from the 3 month LIBID rate of 4.49%.
1.6 The Council has operated within the determined treasury limits outlined in the appendices.
2. Introduction and Background
2.1 Treasury Management in local government is regulated by the CIPFA Code of Practice on Treasury Management in Public Services (the Code). The City and County of Swansea has adopted the Code and complies with its requirements. A glossary of terms used throughout this report is included at Appendix 3.
2.2 The primary requirements of the Code are the:
Creation and maintenance of a Treasury Management Policy Statement which sets out the policies and objectives of the Council’s Treasury Management activities Creation and maintenance of Treasury Management Practices which set out the manner in which the Council will seek to achieve those policies and objectives Receipt by the Council of an annual Treasury Management strategy report for the year ahead and an annual review report of the previous year Delegation by the Council of responsibilities for implementing and monitoring Treasury Management policies and practices and for the execution and administration of Treasury Management decisions Treasury Management, in this context, is defined as:
“The management of the local authority’s cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of the optimum performance or return consistent with those risks.”
2.3 The Council has previously received in March 2008 the Treasury Strategy Statement and Investment Strategy for 2008/09. 115
2.4 The Prudential Code for Capital Finance in Local Authorities has been developed as a professional code of practice to support local authorities in determining their programmes for capital investment. Local authorities are required by Regulation under Part 1 of the Local Government Act 2003 to comply with the Prudential Code.
2.5 The objective of the Code is to provide a framework for local authority capital finance that will ensure for individual local authorities that:
• Capital expenditure plans are affordable • All borrowing and long term liabilities are within prudent and sustainable levels • Treasury Management decisions are taken in accordance with professional good practice
2.6 The Code, includes a set of Prudential Indicators, which are designed to support and inform local decision-making. The 2008/09 Prudential Indicators are detailed in Appendix 1.
3. Debt Portfolio
3.1 The Council’s external borrowing position at the beginning and end of the year was as follows:
1 April 2008 31 March 2009 Principal Interest Principal Interest Rate Rate £’000 % £’000 %
Long Term Debt PWLB - fixed rate 276,707 6.31 250,707 6.02 Money Market (LOBO) 98,000 4.30 98,000 4.10 Local Bonds 5 - 5 - Short Term Debt Money Market 50 5.86 50 5.16 External Bodies 1,294 5.66 1,213 4.58
Total Debt 376,056 5.93 349,975 5.51
3.2 The average external debt portfolio interest rate has decreased by 0.42% primarily due to the whole year effect of the refinanced LOBO loans at the end of 2007/08.
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4. Treasury Strategy 2008/09
4.1 The Economy - The financial crisis, commonly known as the ‘credit crunch’, had a major downward impact on the levels of interest rates around the world. Interest rates fell sharply in the US and were followed by the Bank of England. On 1st April 2008, Bank Rate was 5.25% and the Bank of England was focused on fighting inflation. Market fears were that rates were going to be raised as the Consumer Price Index (CPI), the Government’s preferred inflation target, was well above the 2% target. The money market yield curve reflected these concerns with one year deposits trading well above the 6% level. Public Works Loan Board (PWLB) rates in both 5 and 10 years edged above Bank Rate during the summer as markets maintained the belief that inflation was the major concern of the monetary authorities.
4.2 The money markets were reflecting some concerns about liquidity at this time and the spread between Bank Rate and 3 month LIBID was greater than had historically been the case. This phase continued throughout the summer until the 15th September when Lehman Brothers, a US investment bank, was allowed to file for bankruptcy in the total absence of any other institution being willing to buy it due to the perceived levels of high risk debt it had. This event caused a huge shock wave in world financial markets and threatened to completely destabilise them. On 7th October the Icelandic government took control of their banks and this was followed a few days later by the UK government pumping a massive £37bn into three UK clearing banks, Royal bank of Scotland/Halifax Bank of Scotland /Lloyds, as liquidity in the markets dried up. The Monetary Policy Committee meantime had reduced interest rates by 0.50% on 9th October. This had little impact on 3 month LIBID, as the spread, or ‘disconnect’ as it became known, against Bank Rate widened out. On the other hand the short end of the PWLB fell dramatically as investors, very concerned about their counterparty limits post the Icelandic banks’ collapse, fled to Government securities forcing yields lower.
4.3 Market focus now shifted from inflation concerns to concerns about recession, depression and deflation. Although CPI was still well above target it was seen as no barrier to interest rates being cut further. The Monetary Policy Committee (MPC) duly delivered another cut in interest rates in November, this time by an unprecedented 1.5%. Investors continued to pour money into Government securities across the yield curve, at the front end because of credit concerns and the longer end because of the economic consequences reducing inflation. This resulted in driving yields in 10 year PWLB temporarily below 4% and 5 years to around 3.5%. In December as the ramifications of the ‘credit crunch’ became increasingly clear the Bank of England cut interest rates to 2%-a drop this time of 1%. The whole interbank yield curve shifted downwards but the ‘disconnect’ at the short end remained very wide, negating to some degree the impact of the cuts in Bank Rate. 50 year PWLB rates dropped below 4% at the turn of the year, marking the low point, as it turned out, in this maturity.
4.4 The New Year of 2009 brought little relief to the prevailing sense of crisis and on 8th January the MPC reduced rates by 0.5% to 1.5%. More Government support for the banking sector was announced on 19th January 2009. The debt markets had a sharp sell-off of Government debt at this stage as they took fright at the amount of gilt issuance likely to be needed to finance the help provided to the banks. There was also discussion about further measures that could be introduced to kick start lending and economic activity. These 117 included quantitative easing by the Bank of England, effectively printing money.
4.5 In February 2009 the MPC adopted the traditional method of monetary easing by cutting interest rates again by 0.5% to 1%. Interbank rates drifted down with the spread in the 3 month LIBID still well above Bank Rate. In early March Lloyds Banking Group, which now included HBOS, took part in the Government’s Asset Protection scheme. The MPC cut interest rates yet again to 0.5% and announced the quantitative easing scheme would start soon. This scheme would focus on buying back up to £75bn of gilts in the 5-25 year maturity periods and £10 - 15bn of corporate bonds. This led to a substantial rally in the gilt market, particularly in the 5 and 10 year parts of the curve, and PWLB rates fell accordingly. Finally at the end of March it was announced that the Dunfermline Building Society had run into difficulties and its depositors and good mortgages were taken over by Nationwide whilst the Treasury took on its doubtful loans.
4.6 The financial year ended with markets still badly disrupted, the real economy suffering from a lack of credit, short to medium term interest rates at record lows and a great deal of uncertainty as to how or when recovery would take place. Investment income returns have been badly hit but lower borrowing rates in short to medium periods had allowed indebted local authorities to benefit.
4.7 Longer-term interest rates – The PWLB 45-50 year rate started the year at 4.43% (PWLB 25 year at 4.62%) and was then generally within a band of 4.3% - 4.6% (PWLB 25 year 4.6% - 5.0%) until mid October when there was a spike up to 4.84% (PWLB 25 year 5.08%) followed by a plunge down to 3.86% (PWLB 25 year 4.03% late December) in early December. Further spikes of 4.84% (PWLB 25 year 4.86%) and 4.72% (PWLB 25 year 4.69%) occurred in late January and early February with the year closing out at 4.58% (PWLB 25 year 4.28%). It was not uncommon to see rates fluctuating by 40-50 basis points within a few weeks during this year.
4.8 The Adopted Treasury Strategy 2008/09 - The borrowing strategy adopted (with a view to minimising interest costs) was to internalise (utilise internal balances of cash in the short term) borrowing for the remainder of 2008/09 and for 2009/10, whilst monitoring the PWLB rates to undertake cheap borrowing if opportunities arose.
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5. Actual Borrowing 2008/09
5.1 The Treasury Management strategy 2008/09 agreed by the Council in March 2008 identified a net borrowing requirement of £13.6m for 2008/09.
5.2 No new PWLB or market borrowing was undertaken during the year as set out in the 2008/09 strategy above in 4.8.
6. Compliance with Treasury Limits
6.1 During the year, the Council operated within the limits set out in the Council’s Treasury Management Strategy 2008/09 under the Prudential Code. The outturn for the prudential indicators are shown in Appendix 1.
7. Capital Financing Charges 2008/09
7.1 The capital financing charges made to the Council’s accounts for 2008/09 including capital repayments and net of discounts/premiums are detailed below.
Actual Actual 2007/08 2008/09 £’000 Interest Rate £’000 Interest Rate % %
Housing Revenue A/c 6,682 5.94 5,945 5.48
General Fund 19,467 4.25 22,906 5.36
7.2 The interest rates charged differ from the average rate of interest for external debt due to the fact that part of the Council’s borrowing for capital purposes is funded by the investment of internal reserves and the use of internal balances. The gross amount of interest paid is due to increased overall borrowing.
8. Investment Strategy for 2008/09
8.1 Throughout 2008/09, market interest rates were affected by the continuing lack of liquidity in the market place with banks remaining uneasy about lending. Continuing fears around the credit crunch, forced the level of all lending rates higher than in normal times.
8.2 The uncertainty in the Market resulted in caution in respect of the credit worthiness of counterparties in light of certain bank defaults.
8.3 The collapse of Lehman’s and the Icelandic banking system in September/October 2008 created an environment of fear, and the nationalisation and part nationalisation of many financial institutions was necessary to secure the global financial system in the face of hundreds of billions of pounds worth of toxic asset related losses. Governments commenced a series of stimulus packages aimed at kick starting the global 119 economy. Central banks, helped by a downturn in inflation and inflation expectations, began an aggressive policy of interest rate cuts which has seen interest rates, crashing to record low levels.
8.4 As a result of the above, a cautious borrowing and investment strategy was implemented in 2008/09. The paramount consideration in making investments was the security of the investment. Given the low interest rates achievable on Council investments, a decision was made to internally finance any new capital borrowing requirement. This resulted in a lower net interest charge to the Council and reduced risk in relation to security of investment.
8.5 New investments were restricted to UK only institutions with a self imposed limit of £10m per counterparty. This limit was subsequently revised upwards to the Council approved £15m limit as the list of acceptable counterparties diminished.
8.6 The Council invests part of the Council’s cash reserves internally and part through external fund managers. This policy is implemented to mitigate the risk inherent in broad investment strategy by utilising both direct investment and the services of fund managers. This policy of investing part of the Council’s cash reserves through external fund managers, and part directly, was maintained.
9. Actual Investments 2008/09
9.1 The Council held internally and externally managed funds during 2008/09.
9.2 The external investments of the Council are managed by Invesco cash fund managers. The rationale for the retention of an external cash fund manager remains the mitigation of risk and the potential added value a cash fund manager can return in favourable interest rate environments for tradeable investments.
9.3 The return achieved by the fund manager during 2008/09 was as follows:
Balance Balance Rate of 7 Day 3 month 1 April 08 31 March 09 Return LIBID LIBID £’000 £’000 % % Invesco 20,198 21,850 5.96 3.69 4.49
9.4 The external fund manager, Invesco have experienced a good year in relation to their trades in the Gilts market teamed with some good investments in the longer dated Certificates of Deposit (CDs).
9.5 Invesco have performed relatively well against its peer group returning in the 5th percentile.
9.6 The Council also held internally managed funds which were invested on the Money Market via brokers or directly with banks and building societies. The balances held during the year were as follows:
120 Balance Balance Average Interest Rate of Benchmark 1 April 2008 31 March 2009 Value Return 7 day rate 2008/09 £’000 £’000 £’000 £’000 % %
131,376 88,458 135,682 6,818 5.03 3.69
9.7 The interest acheived on internally managed investments was £6,818,406. This return outperformed the benchmark seven-day rate by 1.34%.
9.8 As a further measure to mitigate and control risk, the Authority determined to restrict investments to UK domiciled only banks and financial institutions in October 2008 resulting in an even smaller number of available counterparties to invest with. A graphical illustration of the contraction of the counterparty list and the current counterparty list is attached at Appendix 4. The list of investments as at 31st March 2009 is attached at Appendix 5.
10. Audit Commission – Report on the Icelandic Banks
10.1 Following the widespread exposure of local authorities to the Icelandic banking collapse, the Audit Commission was tasked with compiling a report to understand the issues, identify weaknesses and look for lessons learnt by authorities in England. The Audit Commission themselves were exposed to the Icelandic bank collapse with a total of £10m of deposits at risk.
10.2 This Council made a conscious decision not to make any investments in Iceland after April 2008 and was not affected by the collapse. However the key points raised in the report need to be considered to further enhance the controls in place to understand and manage inherent treasury management risks appropriately.
10.3 The working practices identified by the report were largely (quite crudely) separated into those authorities who weren’t affected by the collapse (good practice) and those that were (poor practice). The best practice identified included:
Best Practice Regular internal audit of treasury management Regular reporting to senior management/ cabinet member Reporting to Council Segregation of duties Trained, dedicated treasury management staff Well defined policies/protocols that appreciate the inherent risks Not solely reliant on credit ratings Reporting to scrutiny committee Training for members
10.4 The City & County of Swansea complies with all the above 121 requirements with the exception being training for members which is currently being addressed.
11. Debt Repayment
11.1 Debt Repayment - Due to volatility in the Gilt markets an opportunity arose on the 28th January 2009 to repay £20.8m of PWLB debt. The loans identified in table 1 below were prematurely repaid at a net discount of £66k. Given the very low interest rates being achieved by Council investments it was determined not to refinance this borrowing at that time but to utilise internal funds. This early repayment will generate an annual saving of £623k in interest payments providing that the loans will not need to be refinanced at a later date.
Table1 Date Amount Period Rate Detail £M Years % 28/01/2009 5.00 21.00 4.48 PWLB 28/01/2009 5.00 23.00 4.49 PWLB 28/01/2009 5.85 24.00 4.49 PWLB 28/01/2009 5.00 25.00 4.49 PWLB TOTAL/weighted 20.85 23.28 4.49 average
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Appendix 1 Prudential Indicators
Capital Prudential Indicators 2007/08 2008/09 2008/09
Actual Revised Outturn Estimate £’000 £’000 £’000 Capital Expenditure GF 79,994 67,169 58,389 HRA 11,634 14,984 13,028 TOTAL 91,628 82,153 71,417
Ratio of financing costs to net revenue stream GF 5.56% 6.67% 6.34% HRA 16.75% 14.19% 14.24%
Incremental Impact on Council Tax (Band D) or Council House Rent GF £39.00 £81.76 £63.44 HRA £0 £0 £0
Capital Financing Requirement GF 296.708 308,767 303,346 HRA 79,642 76,999 77,342 TOTAL 376,350 385,767 380,688
Treasury Management Prudential Indicators 2007/08 2008/09 2008/09 Actual Revised Outturn Estimate £’000 or % £’000 or % £’000 or %
Authorised limit for external debt 562,696 555,320 562,696
Operational boundary for external 431,320 431,320 431,320 debt
Upper limit for fixed interest rate 100% 100% 100% exposure
Upper limit for variable interest rate 40% 40% 40% exposure
Upper limit for total principal sums 46,000 75,000 75,000 invested for over 364 days
123
Maturity Structure of Fixed Rate Borrowing in 2008/09 Upper Limit Lower Limit Actual Under 12 months 35% 0% 3% 12 months and within 24 months 35% 0% 2% 24 months and within 5 years 50% 0% 5% 5 years and within 10 years 75% 0% 6% 10 years and above 95% 25% 84%
The treasury management prudential indicators identified above as:
• Upper limit for fixed interest rate exposure • Upper limit for variable interest rate exposure • Upper limit for total principal sums invested for over 364 days • Maturity Structure of fixed rate borrowing in 2008/09
Are shown as at balance sheet date 31st March 2009, however it can be reported that none of the above limits were breached during 2008/09. The level of outstanding debt throughout 2008/09 is indicated in Appendix 2.
124 TOTAL DEBT OUTSTANDING - 2008/2009 APPENDIX 2
£M. authorised limit 550 545 540 535 530 525 520 515 510 505 500 495 490 485 480 475 470 465 460 455 450 operational boundary 445 440 435 430 425 420 415 410 405 capital financing requirement CFR 400 395 390 385 380 375 370 365 360 355 350 345 340 335 330 325 320 315 310 305 300 295 125 290 285 280 275 270 265 260 255 250 245 240 235 230 225 220 215 210 205 200 195 190 185 180 175 170 TOTAL DEBT 165 160 TOTAL DEBT NET OF INVESTMENTS 155 150 145 140 135 130 125 120 115 110 105 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WEEK
Appendix 3
Treasury Management – Glossary of Terms
Annualised Rate of Represents the average return which was achieved each Return year.
Authorised Limit The authorised limit must be set to establish the outer boundary of the local authority’s borrowing based on a realistic assessment of risks. The authorised limit is not a limit that a Council will expect to borrow up to on a regular basis. It is crucial that it is not treated as an upper limit for borrowing for capital expenditure alone since it must also encompass borrowing for temporary purposes. It is the expected maximum borrowing need, with some headroom for unexpected requirements.
Bank Rate The Official Bank rate paid on commercial bank reserves i.e. reserves placed by commercial banks with the Bank of England as part of the Bank’s operations to reduce volatility in short term interest rates in the money markets.
Base Rate Minimum lending rate of a bank or financial institution in the UK.
Borrowing In the Code, borrowing refers to external borrowing. Borrowing is defined as both:-
• Borrowing repayable with a period in excess of 12months • Borrowing repayable on demand or within 12months
Capital Expenditure The definition of capital expenditure starts with all those items which can be capitalised in accordance with the Statement of Recommended Practice (SORP). To this must be added any items that have/will be capitalised in accordance with legislation that otherwise would not be capitalised. Prudential indicators for current and future years are calculated in a manner consistent with this definition.
Capital Financing These are the net costs of financing capital i.e. interest and Charges principal, premia less interest discounts received.
Capital Financing The Capital Financing Requirement is capital expenditure, Requirement which needs to financed from borrowing. It is essentially a measure of the Council’s underlying borrowing need.
CIPFA The Chartered Institute of Public Finance and Accountancy. One of the leading professional accountancy bodies in the UK and the only one which specialises in the public services.
Counterparty The organisations responsible for repaying the Council’s investment upon maturity and for making interest payments. 126
CPI (Consumer The consumer price index (CPI) is a measure of the average Price Index) price of consumer goods and services purchased by households. It is one of several price indices calculated by national statistical agencies. The percent change in the CPI is a measure of inflation.
Credit Rating This is a scoring system that lenders use to determine how credit worthy borrowers are.
The Credit Rating components are as follows:
1. The AAA ratings through to C/D are long-term rating definitions and generally cover maturities of up to five years, with the emphasis on the ongoing stability of the institution’s prospective financial condition. AAA are the most highly rated, C/D are the lowest. This Council does not invest with institutions lower than AA - for investments over 364 days
2. F1/A1/P1 are short-term rating definitions used by Moody’s, S&P and Fitch Ratings for banks and building societies based on their individual opinion on an institution’s capacity to repay punctually its short-term debt obligations (which do not exceed one year). This Council does not invest with institutions lower than F1/A1/P1 for investments under 364 days.
Debt For the purposes of the Code, debt refers to the sum of borrowing (see above) and other long-term liabilities (see below). It should be noted that the term borrowing used in the Act includes both borrowing as defined for the balance sheet and other long terms liabilities defined as credit arrangements through legislation.
Debt Management Government Agency responsible for the issuance of Office (DMO) government borrowing and lending.
Discounts Where the prevailing interest rate is higher than the fixed rate of a long-term loan, which is being repaid early, the lender can refund the borrower a discount. This is calculated on the difference between the two interest rates over the remaining years of the loan, discounted back to present value. The lender is able to offer the discount, as their investment will now earn more than when the original loan was taken out.
Financing Costs The financing costs are an estimate of the aggregate of the following:-
• Interest payable with respect to borrowing • Interest payable under other long-term liabilities • Gains and losses on the repurchase or early settlement of borrowing credited or charged to the amount to be met from government grants and local taxpayers (premiums and discounts) 127 • Interest earned and investment income • Amounts required in respect of the minimum revenue provision plus any additional voluntary contributions plus any other amounts for depreciation/impairment that are charged to the amount to be met from government grants and local taxpayers
Financial Reporting These are standards set by governing bodies on how the Statements (FRSs) financial statements should look.
Gilts Gilts are bonds issued by the UK government. The term is of British origin, and refers to the securities certficates issued by the Bank of England, which had a gilt (or gilded) edge.
Investments Investments are the aggregate of:-
• Long term investments • Short term investments (within current assets) • Cash and bank balances including overdrawn balances
LOBO (Lender’s Money Market instruments that have a fixed initial term Option/ (typically one to ten year) and then move to an arrangement Borrower’s Option) whereby the lender can decide at pre-determined intervals to adjust the rate on the loan. At this stage the borrower has the option to repay the loan.
London Inter-Bank The interest rate at which major banks in London are willing Bid Rate (LIBID) to borrow (bid for) funds from each other.
Managed Funds In-House Fund Management Surplus cash can be managed either by external fund managers or by the Council’s staff in-house. The in-house funds are invested in fixed deposits through the money markets.
Externally Management Funds Fund managers appointed by the Council invest surplus cash in liquid instruments such as bank certificates of deposit and government stocks. The fund managers’ specialist knowledge should ensure a higher rate of earnings on the managed funds than would be otherwise obtained.
Maturity The date when an investment is repaid or the period covered by a fixed term investment.
Monetary Policy This is a body set up by the Government in 1997 to set the Committee (MPC) repo rate (commonly referred to as being base rate). Their primary target (as set by the Government) is to keep inflation within plus or minus 1% of a central target of 2% in two years time from the date of the monthly meeting of the Committee. Their secondary target is to support the Government in maintaining high and stable levels of growth and employment.
128 Money Market Consists of financial institutions and deals in money and credit.
The term applied to the institutions willing to trade in financial instruments. It is not a physical creation, but an electronic/telephone one.
Net Borrowing For the purposes of the Code, net borrowing refers to borrowing (see above) net of investments (see above).
Net Revenue Stream Estimates for net revenue stream for current and future years are the local authority’s estimates of the amounts to be met from government grants and local taxpayers.
Operational This is based on expectations of the maximum external debt Boundary of the authority according to probable not simply possible – events and being consistent with the maximum level of external debt projected by the estimates. It is not a limit and actual borrowing could vary around this boundary for short periods.
Other Long Term The definition of other long term liabilities is the sum of the Liabilities amounts in the Council’s accounts that are classified as liabilities that are for periods in excess of 12months, other than borrowing (see definition above).
Premature A facility for loans where the Council can repay loans prior Repayment of to the original maturity date. If the loan repaid has a lower Loans (debt interest rate than the current rate for a loan of the same restructuring/ maturity period the Council can secure a cash discount on rescheduling) the repayment of the original loan. If the loan replaced has a higher rate of interest than the current rate for a loan of the same maturity period, a cash penalty is payable to the lender.
Premia Where the prevailing current interest rate is lower than the fixed rate of a long term loan, which is being repaid early, the lender can charge the borrower a premium. This is calculated on the difference between the two interest rates over the remaining years of the loan, discounted back to present value. The lender may charge the premium, as their investment will now earn less than when the original loan was taken out.
Prudential Code The Prudential Code is the largely self regulatory framework outlined by CIPFA for managing/monitoring capital investment in local government.
Public Works Loan A Government agency which provides loans to local Board (PWLB) authorities. Each year, it issues a circular setting out the basis on which loans will be made available and a quota formula for the amount that can be borrowed. Loans can be either at a fixed rate or on a variable rate basis. They can be repaid on either an annuity, equal instalment of principal or maturity basis. The interest rate charged is linked to the cost at which the Government itself borrows. 129
Quantitive Easing Extreme form of monetary policy used to stimulate an economy where interest rates are either at or close to zero. Normally a central bank stimulates the economy by lowering interest rates but when it cannot lower them further it can attempt to seed the system with new money by quantitive easing.
In practical terms, the central bank purchases financial assets including government debt and corporate bonds from financial institutions using money it has created by increasing its own credit limites in its own bank accounts. Also know as ‘printing money’ although no extra physical cash is created.
Risk Credit /Counterparty Risk The risk that a counterparty defaults on its obligations.
Inflation Risk The risk that growth in the Authority’s investment income does not keep pace with the effects of inflation on its expenditure.
Interest Rate Risk The risk that changes in rates of interest create an unexpected or unbudgeted burden on the Council’s finances.
Liquidity Risk The risk that cash will not be available when it is needed.
Operational Risk The risk of loss through fraud, error, corruption, system failure or other eventualities in treasury management dealings, and failure to maintain effective contingency management arrangements.
Refinancing Risk The risk that the Authority is unable to replace its maturing funding arrangements on appropriate terms.
Set Aside Capital A proportion of money received by the Council for the sale Receipts of fixed assets must be set aside to repay debt.
SORP Statement of Recommended Practice, published by CIPFA (Local Authority Accounting Body). This sets out guidelines regarding the Council’s financial matters.
Specified/Non Specified investments are sterling denominated investments Specified for less than 364 days as identified in Appendix A in line with investments statutory investment regulations. Non-specified investments are all other investments identified in Appendix A in line with statutory investment regulations.
Supranational These are bonds issued by institutions such as the Bonds European Investment Bank and World Bank. As with 130 Government bonds (Gilts) they are regarded as the safest bond investments with a high credit rating.
Temporary Loans which are capable of being repaid within one year. Borrowing and The term of the loans will be negotiated from overnight to Investment 364 days.
Treasury Treasury management has the same definition as in Management CIPFA’s code of Practice of Treasury Management in the Public Services.
“The management of the organisation’s cash flows its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks.”
Yield Curve The line resulting from portraying interest rate graphically for a series of periods, e.g. 7days, 1month, 3, 6, 9, and 12months. When longer-term interest rates are higher than short-term rates the yield curve slopes upwards and is described as positive. When the opposite prevails the yield curve is referred to as inverse.
131 Appendix 4
Schedule of Number of Counterparties
CCS Lending/Counter-party List 2008/09
100
90 80 70
60 50 40
30
institutions of No. 20 10
0
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 08 08 08 08 08 08 08 08 08 09 09 09 Month
Schedule of Available Counterparties at 31st March 2009
Fitch Institution COUNTRY Bank/ Ratings BS S Term Support L Term Abbey Plc UK Bank F1+ 1 AA- Alliance & Leicester Plc UK Bank F1+ 1 AA- Bank of Scotland UK Bank F1+ 1 AA Barclays Bank UK Bank F1+ 1 AA Clydesdale Bank UK Bank F1+ 1 AA- Coventry Building Society UK BS F1 3 A HSBC UK Bank F1+ 1 AA Leeds Building Society UK BS F1 3 A Lloyds TSB Bank Plc UK Bank F1+ 1 AA+ Nationwide Building Society UK BS F1+ 1 AA- Standard Chartered Bank UK Bank F1 1 A+ The Bank of New York (Europe) Ltd UK Bank F1+ 1 AA-
132
Appendix 5
List of Outstanding Investments as at 31st March 2009
Abbey National 11,227,093.14 Alliance & Leicester 9,627,182.62 Banco Espirito Santo 2,000,000.00 Bank of Scotland 10,024,208.78 Barclays 8,000,000.00 Clydesdale 9,823,751.44 Coventry BS 7,500,000.00 Depfa Bank 2,000,000.00 Leeds BS 8,250,000.00 Lloyds TSB 5,000,000.00 Nationwide 10,000,000.00 Royal Bank of Scotland 5,000,000.00
Total 88,452,235.98
133 Item No. 9 (E) (1)
Report of the Cabinet Members for Economic & Strategic Development & Housing
Council – 22nd October 2009
AFFORDABLE HOUSING DELIVERY STATEMENT
Summary
Purpose: To consider and endorse an Affordable Housing Delivery Statement for the City and County of Swansea.
Policy Framework: National Housing Strategy Better Homes for People in Wales (2001); S.87 Local Government Act (2003); S60(1)(b) Government of Wales Act 2006; Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies; TAN 2: Planning and Affordable Housing (2006); Swansea Local Housing Strategy 2007; One Wales agenda (2007); Swansea Unitary Development Plan (2008); Welsh Assembly Government Affordable Housing Delivery Statements Guidance (2009).
Reason for Decision: To provide a clear statement of how the Council intends to improve delivery of affordable housing as part of its strategic housing and planning functions.
Consultation: Financial Services, Legal and Democratic Services Coastal Housing Association, Family Housing Association & Gwalia Housing Group.
Recommendation(s): It is recommended that:
1) The Affordable Housing Delivery Statement attached as Appendix 2 is adopted by Council and submitted to the Welsh Assembly Government for information.
2) The Director of Regeneration and Housing write to the Welsh Assembly Government to emphasise the shortfall in affordable housing delivery and request the release of additional funds for Social Housing Grant and the Three Dragons Appraisal Toolkit.
1.0 Background
1.1 The Welsh Assembly Government’s (WAG) target is to build an extra 6,500 affordable homes between 2007/08 and 2010/11 and to achieve this they have invoked specific powers under the Local Government Act 2003 requiring local housing authorities to prepare a delivery plan for
134 affordable housing, known as an Affordable Housing Delivery Statement (AHDS).
1.2 The AHDS seeks to establish at the local level a clear target for affordable housing delivery and to set out the various means by which it will be delivered.
1.3 In requiring the preparation of this guidance, WAG recognise that current economic conditions represent a major challenge to achieving their additional housing target. However, the AHDS is seen as an opportunity to maximise current opportunities for delivery as well as ensuring that the relevant policies are in place at the local level for when market conditions improve.
1.4 The document is intended to be an interim single purpose measure until the Council’s recently adopted Unitary Development Plan (UDP) is replaced by the Local Development Plan, preparation of which is only just commencing and will take at least four years to reach adoption stage.
2.0 AHDPS Preparation
2.1 WAG has produced detailed guidance setting out the expected format and general content of the AHDS. The Statement which has been produced follows this template. The method of preparation is determined by the stage of adoption each authority’s UDP is at. Where, as in Swansea’s case, the Council has a recently adopted and up to date UDP, the policies from the Plan may be incorporated into the AHDS without the need for any further public consultation. However partner organisations in the delivery of affordable housing have been consulted during the preparation of the Statement and their comments taken into consideration.
2.2 The AHDS does not seek to change current policy, but essentially pulls together the relevant aims and objectives from the Council’s adopted Community Strategy, Local Housing Strategy and UDP into a single document. It is supported by evidence from the latest Local Housing Market Assessment and Joint Housing Land Availability Study. The primary delivery mechanism will be through Section 106 Planning Obligations attached to planning permissions. Draft Supplementary Planning Guidance (SPG) has been prepared to support this approach the detail of which is included in the Statement and this will be updated accordingly when the final version of the SPG is adopted.
2.3 The AHDS itself is not SPG however it will, subject to endorsement by Council, become a material consideration of significant weight for land use planning purposes.
135 3.0 AHDS Findings
3.1 The AHDS shows an estimated shortfall of 1,341 units over the period 2007 to 2011. The basis for these calculations is set out in the document, but summarised for ease of reference in Appendix 1 to this report. The Statement identifies various remedial actions to attempt to reduce this shortfall. However in the current economic climate there is no realistic chance of the shortfall being made up without a significant increase in public funding. It is therefore recommended that a request for additional funding for such purposes is made to WAG along with the submission of the Statement.
3.2 It is also proposed to submit a further bid to WAG for funding for the Three Dragons Appraisal Toolkit software, grants for which have been given to other local authorities but declined to Swansea to date. This software will enable the Authority to negotiate an adequate level of affordable housing that is fully deliverable on a site by site basis.
4.0 Consultation
4.1 A consultation exercise has been undertaken with Registered Social Landlords in the City and County and they are broadly supportive of the document’s findings and recommendations.
5.0 Financial Implications
5.1 WAG guidance on the preparation of AHDS has made clear that future planning service delivery grants and applications for Social Housing Grant will be linked to having a robust AHDS in place. The failure to produce the Statement will therefore reduce the amount of grant monies made available.
5.2 The AHDS provides clarity that disposal of Council owned land will be subject to the same policy restrictions as privately owned land. Where thresholds are exceeded, provision for affordable housing will need to be made in accordance with adopted policy and this will need to be reflected in land valuations for disposal and asset management purposes.
5.3 The Authority will aim to maximise the level of Social Housing Grant and (S.H.G) Strategic Regeneration Area (S.R.A) funding that can be utilised to develop further affordable housing.
5.3 The remedial actions proposed in the AHDS can be undertaken utilising existing resources and present no additional financial cost to the Council.
136 6.0 Comments of the Head of Corporate Property & Asset Management
6.1 It must be recognised that adoption of the AHDS could have direct consequences for other policy priorities of the Council. Utilising the value of property assets in support of this policy is not without costs.
6.2 The general provisions of the strategy that apply to all sites will reduce the potential value of any Council owned site above the size trigger levels. A Working Group of Regeneration officers has been attempting to assess the extent of this loss of value but have not yet reported. The impact of the general policy on the Council’s financial strategy and policy objectives therefore is not currently known but it is likely to be significant.
6.3 The proposals set out at 3.6.1 and 5.6 could have even more radical implications. Firstly, the Council’s existing Capital Programme is built on the assumption that a certain level of capital receipts will be generated from the sale of property assets. Similarly, the QEd of 2020 programme assumes that once the existing capital programme is balanced, further receipts from property assets will be reinvested into that programme. The construction of paragraphs 3.6.1 and 5.6 will raise an expectation within the local industry and RSL’s that the value of Council owned sites will be reinvested into schemes. This loss of capital receipts will impact directly on the Corporate Capital Programme and consequently might affect wider policy objectives.
6.4 Secondly it should be noted that under statutory provisions and the Council’s constitution, there is a requirement that all disposals should be undertaken at full value. Although mechanisms exist to allow disposals at less than full value, the method and implications of this will need to be considered.
7.0 Legal Implications
7.1 The Government of Wales Act 2006 includes a general power that enables Welsh Ministers to do anything they consider appropriate to achieve the promotion or improvement of the social well-being of Wales. Social well-being includes improving the supply of affordable housing.
7.2 Special powers are also contained in the Local Government Act 2003 which provides the statutory basis for Welsh Ministers to require each authority in Wales to prepare an AHDS.
137 8.0 Recommendations
8.1 It is recommended that:
1) The Affordable Housing Delivery Statement attached as Appendix 2 is adopted by Council and submitted to the Welsh Assembly Government for information.
2) The Director of Regeneration and Housing write to the Welsh Assembly Government to emphasise the shortfall in affordable housing delivery and request the release of additional funds for Social Housing Grant and the Three Dragons Appraisal Toolkit
Background Papers: National Housing Strategy Better Homes for People in Wales (2001) Local Government Act (2003); Government of Wales Act 2006; Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies; TAN 2: Planning and Affordable Housing (2006); Swansea Local Housing Strategy 2007; One Wales (2007); Swansea Unitary Development Plan (2008); Welsh Assembly Government Affordable Housing Delivery Statements Guidance (2009)
Contact Officers: Peter Williams (Housing Service): 5240 and Paul Meller (Planning) 5740
Legal Officer: Rod Jones 7652
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Appendix 1 – Projected Affordable Housing Delivery (2007 – 2011)
Action 07/08 08/09 09/10 10/11 Total Projected Projected Social Housing Grant (SHG) (subject to allocation) General Needs (including 102 151 60 232 545 Homebuy) Vulnerable Households 0 120 16 18 154 (plus extra care) Mortgage Rescue 0 3 8 10 21
Rural Exception Sites 0 0 0 0 0
Empty homes 0 0 0 5 5
Strategic Capital 0 0 28 20 48 Investment Fund (SCIF) Sub total 102 274 112 285 773
Non SHG Section 106 Newbuild 0 0 10 46 56 (committed)
RSL Private Funding 0 20 0 20 40
Rural Exceptions Policy 0 0 0 0 0
Empty Homes Initiatives 0 5 10 15 30
Sub total 0 25 20 81 126
TOTALS 102 299 132 366 899
Target Delivery figure 560 560 560 560 2,240
Shortfall (Variance) 458 261 428 194 1,341
139 APPENDIX 2 bcd City & County of Swansea
Affordable Housing Delivery Statement
2007 – 2011
140
FOREWORD
We are pleased to present the Council’s Affordable Housing Delivery Statement which sets out proposals to maximise current and future opportunities to deliver affordable housing within the City and County of Swansea.
The Statement is an interim document, which provides a transitional link between the Council’s Housing Strategy, the adopted Unitary Development Plan and the future Local Development Plan for Swansea. It is also provides a consistent and rational basis for the determination of planning applications for housing and in dealing with such proposals at appeal.
Increasing the supply of affordable housing is a major challenge facing the whole of Wales. The current economic recession and banking crisis have thrown the housing market into turmoil. Falling house prices and the inability, particularly of first time buyers, to secure mortgages have resulted in a dramatic downturn in private sector construction activity, starts and the submission of planning applications for new residential developments.
In response to this the Welsh Assembly Government has recently announced intervention measures such as: • £42 m Strategic Capital Investment Fund • £12m Social Housing Grant brought forward from 2010/11 • £9.5m Mortgage Rescue Scheme
However, although these are important and welcome interventions, by themselves they are unlikely to be capable of reversing the present decline in the housing market.
The Council has a key role to play in meeting local housing needs, which is not an easy task given financial constraints. This Statement is therefore based on what is currently considered realistic and deliverable and recognises that not all needs will be met until there is an upturn in the economy and additional sources of public funding are made available.
Councillor Peter May, Councillor Gareth Sullivan Cabinet Member for Housing Cabinet Member for Economic and Strategic Development
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Contents Page
Introduction 3 Section 1 – Assessing the Need for Affordable Housing Housing profile 6 Recent Changes to the Housing Market in Swansea 6 Definition of Affordability and Affordable Housing 7 Establishing Affordable Housing Requirements in Swansea 8
Section 2 - Meeting the Need for Affordable Housing Number of Affordable Housing Units to be Provided 11 Policy Framework for Affordable Housing 12 Delivery of Affordable Housing 12 Rural Exception Sites 16 Housing Type and Tenure 17 Design and Integration 17
Section 3 – Securing Affordable Housing Housing Strategy and Housing Partnership for Delivery 19 Mechanisms for Securing Affordable Housing 19 The Scope Use of Section 106 Planning Obligations 20 Use of Development Appraisal Toolkit and Community Land Trusts 21 Empty Homes Strategy 22 Disposal of Public Land 23
Section 4 – Monitoring the Delivery of Affordable Housing Monitoring Mechanisms 24 Risk Assessment 25
Section 5 – Summary 26
Annex 1 – Relevant UDP Policies 28
Annex 2 – Section 106 Planning Obligations for Affordable Housing 30
Annex 3 – Glossary of Terms and Conditions 32
Annex 4 – Relevant Publications/Links 35
Annex 5 – Contact Points 36
Annex 6 – Assessment of Need 37
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Introduction
Background i The City & County of Swansea Council (the Council) aims to ensure that everyone within the City and County of Swansea (the County) has access to a good quality home that meets their personal housing requirements. However, a shortage of affordable housing across the County is a key issue facing residents at the present time. The cost of buying and renting a house at market value is greater than many on low incomes can afford and consequently intervention in the housing market is needed to provide affordable housing by other means. ii Increasing the supply of affordable housing is a key policy goal of the Welsh Assembly Government (WAG), which has set a target in its ‘One Wales’ strategy for the completion of an extra 6,500 affordable homes between 2007/08 and 2010/11. To achieve this, all Local Authorities in Wales have been requested to produce an Affordable Housing Delivery Statement (AHDS). The purpose of the AHDS is to establish, at the local level, clear targets setting out the various means by which affordable housing will be delivered through the Council’s strategic housing and planning functions, and to provide direction and support to individuals and organisations involved in affordable housing delivery. iii The AHDS will strengthen the response by the Council and its partner organisations to local housing pressures and encourage more efficient and effective delivery of affordable housing. Key aims are to:
• Provide evidence of housing need • Define affordability/affordable housing • Identify the target number of affordable units that can realistically be delivered by 2011 • Explain how the delivery of affordable housing will be monitored • Identify potential risks to delivery iv The Statement should be read in conjunction with other Council documents and strategies which set out the Strategic Vision for the area together with affordable housing policies and priorities, in particular:
• The Shadow Community Strategy (2008) • The Local Housing Strategy 2007-2012 • The Unitary Development Plan 2001-2016
The most relevant aims and objectives of these strategies are outlined below.
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Strategic Vision v The Council and its partners are working together to make the County a better place in which to live and have a long term Strategic Vision for the County set out in the Shadow Community Strategy (2008):
By 2020 Swansea will be a distinctive European City. A City where
• Everyone has a great place to live. • Everyone has the best possible start in life. • Everyone has a good education. • Everyone feels safe. • Everyone is part of a prosperous economy. • Everyone can enjoy the best possible health. • Everyone’s services are the best they can be. vi Each of these objectives is translated into strategies based on themes and one of the key priorities for the Swansea Environment Strategy is to:
Ensure the supply of high-quality affordable and social housing within mixed and settled communities
The Role of Housing in Helping to Achieve the Council’s Vision vii Good quality housing can play a significant role in helping to achieve the 2020 Vision for the County and in meeting the Council's broader aims. The Council’s principal housing service aim is:
To ensure that the housing stock contributes to Swansea reaching its potential as a distinctive European city by providing quality housing services that contribute towards the Council’s broad aims. viii Of the specific aims that have been adopted to help the housing service achieve its principal aim, the most relevant is:
Ensuring the appropriate supply of good quality affordable homes through the publication of a clear strategy and working in partnership with others to provide new affordable homes. ix The delivery of affordable housing, particularly through the Social Housing Grant (SHG) route, will also assist the Council’s regeneration agenda and help stimulate the local economy and employment, particularly in the City Centre area.
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The Role of Planning in Helping to Achieve the Council’s Vision x The provision of, and need for, affordable housing is a material consideration in the determination of planning applications and an essential element in contributing to community regeneration and social inclusion. One of the principal goals of the Council’s adopted Unitary Development Plan (UDP) is to :
Ensure the full range of housing and facility needs of the community can be accommodated. xi There are a number of objectives identified in the UDP to serve this goal, the most relevant being:
To allocate sufficient and appropriate new housing land to meet projected housing needs over the plan period.
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Section 1: Assessing the Need for Affordable Housing
1.1 Housing Profile
1.1.1 The 2001 Census indicated that the County has a population of 223,301, made up of 94,400 households. However, since 2001 there is evidence to suggest that both the population and the number of households in the County has increased significantly. The latest Central Government estimates place the County’s population at 228,100 in 2007 and number of households at 96,300 in 2004.
1.1.2 Owner occupation is the dominant tenure with the 2001 Census indicating that nearly 70% of households are owner-occupiers. Renting from the Council is the next biggest tenure and accounts for 14% of households. 5% of households rent from Housing Associations, 7% rent in the private market and a further 4% of households live in a range of other forms of tenure.
1.1.3 The mean household income in the County as identified in the latest Local Housing Market Assessment (LHMA) is £28,600, with a median of £20,400. This effectively means that around half of all households have an income of below £20,000.
1.2 Recent Changes to the Housing Market
1.2.1 The need for and profile of affordable housing grew rapidly with the post 2000 housing market ‘boom’, which saw house prices rise dramatically in the County, particularly between 2003-04. This was fuelled by uncertainty in the stock market and the growth in ‘buy to rent’ property investment, especially at the lower end of the housing market. The result of this house price growth has been to put the price of dwellings outside the reach of many first time buyers and impede their ability to secure accommodation in the open market. Indeed even allowing for the slow down in the market and associated fall in house prices, the average house price in January 2009 was £162,262 - an increase of some 112% on the January 2003 average price of £76,593. During the same period, household incomes have not kept pace with this rate of growth, with average UK earnings rising by only 18% over the period 2004 -2008.
1.2.2 The average house price in the County dropped 10.8% between January 2008 and January 2009. However, the cost of private rented housing has not changed over the last 2 years (2008 and 2009). As of January 2009, the average cost of a 2 bed home for a first time buyer was £76,000.
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1.2.3 The Bank of England base lending interest rate has been reduced from 5.75% in December 2007 to 0.5% in March 2009 (and mortgage rates from 7.75% to 2.5%). However, the benefits of falling house prices and interest rates have been offset by the banking crisis, the resultant sharp decline in mortgage availability and increased deposit level requirements. This has severely restricted the purchasing ability of many first-time buyers and those with low equity in their homes.
1.2.4 As a result, many developers have put schemes on hold and/or scaled down their building activities. In the last quarter of 2007 new housing completions were down 75% on the previous year and there is evidence that some developers are now only building ‘to order’.
1.2.5 The downturn in the housing market has severely curtailed the ability of the Council to deliver previously anticipated levels of affordable housing through the imposition of Section 106 Planning Obligations.
1.2.6 The current recession has seen many local businesses close. In addition, some employers have attempted to reduce their operating costs by slimming down their workforces. This in turn has resulted in an associated rise in house repossessions and an increased need for affordable housing provision.
1.2.7 All of these factors together with a decline in the supply of Council housing due to ‘Right To Buy’ and a significant reduction in Council tenant ‘turn over’ during the last 5 years have considerably added to the complexity of need for affordable housing within the County.
1.3 Definition of Affordability and Affordable Housing
1.3.1 For the purposes of this Statement, the definitions used are those adopted by WAG in Planning Policy Wales, Technical Advice Note (TAN)2: Planning and Affordable Housing (June 2006), which states that:
The concept of affordability is generally defined as the ability of households or potential households to purchase or rent property that satisfies the needs of the household without subsidy…. This could be based on an assessment of the ratio of household income or earnings to the price of a property to buy or rent available in the open market in the required local housing market area. (paragraph 4.1 of TAN 2)
Furthermore:
Affordable housing ….is housing where there are secure mechanisms in place to ensure that it is accessible to those who cannot afford market housing, both on first occupation and for subsequent occupiers. (paragraph 5.1 of TAN 2)
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1.3.2 Affordable housing should therefore:
• Meet the needs of eligible households, including availability at low enough cost for them to afford, determined with regard to local incomes and local house prices; and
• Include provision for the home to remain affordable for future eligible households, or if a home ceases to be affordable, or staircasing to full ownership takes place, any subsidy should generally be recycled to provide replacement affordable housing.
1.3.3 Affordable housing may be broken down into two categories:
• social rented housing – provided by local authorities and registered social landlords where rent levels have regard to WAG’s guideline rents and benchmark rents; and
• intermediate housing – where prices or rents are above those of social rented housing but below market housing prices or rents. This can include equity sharing schemes (for example Homebuy). Intermediate housing differs from low cost market housing, which the Assembly Government does not consider to be affordable for the purpose of the land use planning system.
1.4 Establishing Affordable Housing Requirements in Swansea
1.4.1 In 2007, Fordham Research was commissioned by the Council to undertake a Local Housing Market Assessment (LHMA) to help inform preparation of the Council’s Local Housing Strategy (LHS). As part of the LHMA, the need for and future supply of affordable housing across the County was examined.
1.4.2 Overall, the LHMA concluded that over the period 2007-2011 there would an affordable housing shortfall of 560 properties per annum.
1.4.3 The LHMA findings are summarised in Table A below, with the County split into ten strategic housing zones for statistical purposes, as illustrated in Figure 1. Whilst in percentage terms the greatest deficiencies in affordable housing supply are identified as being in the Gower, Gower Fringe, and Rural North zones, numerically the levels of greatest need and deficiencies in supply exists in the City Centre and Urban North zones
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Table A: Estimated Annual Affordable Housing Need & Supply 2007-11
Annual Affordable Housing Zone Supply as % Need Supply Shortfall of need Gower 10 0 10 0.0% Gower Fringe 48 0 48 0.0% Rural North 22 0 22 0.0% City Centre 983 711 272 72.4% West 277 203 74 73.2% Eastside 238 204 34 85.9% Urban North 993 879 114 88.5% Morriston 167 151 16 90.8% Gorseinon 177 191 (14) 107.5% Pontarddulais 39 55 (16) 141.8% TOTAL 2,954 2,394 560 81.0%
Figure 1: Strategic Housing Zones
1 CITY CENTRE 2 EASTSIDE 3 GORSEINON 4 GOWER 5 GOWER FRINGE 6 MORRISTON 7 URBAN NORTH 8 PONTARDDULAIS 9 RURAL NORTH 10 WEST
149 1.4.4 The additional 560 affordable properties per annum identified as being required include properties for households that will secure affordable accommodation via the Housing Benefit route (predominantly the private and social rented sector) through Registered Social Landlords (RSLs).
1.4.5 In terms of market housing, Fordham Research’s study (2007) indicates that the greatest requirements remain for larger (4+ bed) units and that there is relatively little net demand for additional flat and maisonette accommodation. However, within the City Centre, the Council acknowledge flat and maisonette accommodation represents the principle accommodation types that can be provided, with the greatest requirement for 1 bed units.
1.4.6 The LHMA provides an analysis of the housing requirement for the whole of the County; however it does also split this data over 10 distinguishable market areas. Given the predominantly urban nature of the County this allows the ability for market zone target totals to be seen in conjunction with neighbouring market zones. The only notable exception to this is for rural areas of the County where more specific and targeted assessment of needs will have to be undertaken.
1.4.7 The Council has recently undertaken a full review and update of its register of housing need (waiting list) to ensure accuracy and avoid duplication of counting. As at 10thJuly 2009 the register showed that there were 2,371 applicants waiting to be rehoused together with 1,143 tenants requesting a transfer of accommodation, giving a combined register list of 3,514. However, waiting lists should not be looked at in isolation as they only show one landlord and are reactive to areas where properties are located.
1.4.8 It should also be noted that the LHMA only provides a ‘snapshot’ and projection of the housing market as at 2007. It does not take into account the radical changes to the housing market since then. Private sector housing demand has slumped, new starts have dwindled, and house prices and sales have experienced a rapid downturn.
1.4.9 In conclusion therefore, at an annual need of 560 affordable units required per annum, the total need for the period 2007-2011 will be 2,240 units. However given current levels of development this level of provision will be extremely difficult to deliver without substantial additional finance such as SHG or SCIF being attracted (see Table B below).
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Section 2 Meeting the Need for Affordable Housing
2.1 Number of Affordable Housing Units to be provided
2.1.1 A projection for the potential delivery of affordable housing within the County for the period 2007 – 2011 is set out in Table B below, which shows an estimated shortfall of 1,341 units
Table B – Projected Affordable Housing Delivery (2007 – 2011)
Action 07/08 08/09 09/10 10/11 Total Projected Projected Social Housing Grant (SHG) (subject to allocation) General Needs (including 102 151 60 232 545 Homebuy) Vulnerable Households 0 120 16 18 154 (plus extra care) Mortgage Rescue 0 3 8 10 21
Rural Exception Sites 0 0 0 0 0
Empty homes 0 0 0 5 5
Strategic Capital 0 0 28 20 48 Investment Fund (SCIF) Sub total (A) 102 274 112 285 773
Non SHG Section 106 Newbuild 0 0 10 46 56 (committed)
RSL Private Funding 0 20 0 20 40
Rural Exceptions Policy 0 0 0 0 0
Empty Homes Initiatives 0 5 10 15 30
Sub total (B) 0 25 20 81 126
TOTAL (A+B) 102 299 132 366 899
Target Delivery figure 560 560 560 560 2,240
Shortfall (Variance) 458 261 428 194 1,341
151 2.2 Policy Framework for Affordable Housing
2.2.1 Policy HC3 of the Swansea Unitary Development Plan (UDP) enables the Council to negotiate with developers for the inclusion of affordable housing on sites within areas where a demonstrable lack of such housing exists. The policy is set out in Annex 1.
2.2.2 For most of the County, the policy sets the general site size trigger for negotiation at 25 units or 1 hectare, although in Swansea West and Gower the threshold is reduced to 10 units or 0.4 hectares. This policy is to be complemented by Supplementary Planning Guidance (SPG) on Planning Obligations (consultation draft published in May 2009), which explains the guidelines for the provision of affordable housing. The relevant extract from this guidance is included as Annex 2.
2.2.3 The Local Housing Strategy (LHS), approved by Council in September 2007, indicates that the general starting point for negotiations with developers will be 25-30% of the site for affordable housing.
2.2.4 However, it is recognised that a pragmatic approach to negotiations is required and, where it can be demonstrated that other overriding ‘material considerations’ exist or scale of provision is not supported by local needs, the Council’s requirement for ‘on site’ provision may be less.
2.2.5 The negotiation of affordable housing along with all other aspects of a Section 106 Planning Obligation is flexible. There may be cases where other services and provisions take priority and/or requirements for such provision could jeopardise the viability of a scheme. Negotiations must therefore be undertaken on a fair and open basis and the case proved. This is current practice and is outlined in the draft Section106 Planning Obligations SPG, further details of which may be obtained from www.swansea.gov.uk/s106
2.3 Delivery of Affordable Housing
2.3.1 The potential to deliver affordable housing to meet the recognised need within the County is directly related to the current level of committed residential permissions, the anticipated number of windfall dwellings coming forward and the affordable units secured through the Empty Property Strategy and the Social Housing Grant.
2.3.2 Land for new housing development is made available via two main routes: i. The Development Plan process through the allocation of sites for housing development, and
ii. Windfall sites – i.e. residential permissions granted on sites not allocated for residential development in the Development Plan
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(A) Contribution towards Affordable Housing from Existing/Allocated Sites
2.3.5 Based on projected overall future housing needs, the UDP makes provision to support the development of 14,668 new homes within the County over the period 2001-2016. The UDP specifically allocates 150 sites of 10 or more units, which collectively have the capacity to support an estimated 12,868 new homes. This estimate is based on the application of average building densities to many of the sites. In this respect it should be noted that the eventual number of units completed on individual sites can vary quite considerably from levels initially considered. No where is this more clearly illustrated than on sites in and around the City Centre, where rising land values have resulted in significantly increasing development densities.
2.3.6 Of the 150 sites allocated for residential development in the UDP, 104 are of sufficient size to trigger negotiations for the provision of Affordable Housing based on those thresholds previously put forward in paragraph 2.2.2. Of those 104 sites, 25 have already been developed and 54 granted planning permission. The Council, utilising knowledge of existing negotiations, planning consents and development activity, has calculated the number of Affordable Housing units completed on UDP sites since 2001 and estimated the potential contribution that they could make up to 2016. The latter has been derived by adding together the number of Affordable Housing units identifiable on sites either under negotiation or with the benefit of planning permission, to the number that could be supported on UDP sites without planning permission and on which no negotiation has yet taken place. Figures for the latter have been generated on the basis of contribution rates of 25-30%. The results of this exercise are summarised by Strategic Housing Zone in Table C.
2.3.7 Analysis reveals that a total of 811 affordable housing units have been developed on UDP sites in the City and County of Swansea from 2001-08, of which 83 were completed in the year 2007/08. By way of comparison 271 units were completed in 2008/09, supplemented by a RSL purchase of private sector dwellings.
2.3.8 As can be seen from Table C (page 15), during the period 2001-08, the development of affordable housing was concentrated in the City Centre zone (accounting for 61% of all units built), the area of second greatest need previously identified in Table A, followed by 20% in the Urban North zone, which was identified as the area of greatest need. Equally significant is the fact that during this period no provision is recorded as having been delivered in either the Rural North, Morriston, or Pontarddulais zones and that no future provision is currently committed there. Committed future provision at present remains focussed within the City Centre and Urban North zones which together account for 83% of all current schemes.
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2.3.9 If the potential for the delivery of affordable housing is considered in relation to UDP sites without the benefit of planning permission, and in relation to which no negotiations have as yet begun, applying contribution levels of 25% and 30% respectfully would suggest that such sites could contribute between 935 -1,116 additional affordable housing units by 2016. Again, such provision is not spread evenly across the County with the main concentrations occurring in the Swansea Eastside (41%) and Gorseinon (27%) zones, both of which have been identified as areas of relatively low affordable housing need. However this is not to say that affordable housing is not required or should not be built on sites within those zones. The housing zone boundaries are largely artificial and if affordable housing is not available in one zone then people will seek it in another.
154 Table C: Achieved/Expected Housing Contributions from UDP Housing Land Allocations (2001-16)
Zone Affordable Affordable Estimated Housing Estimated Estimated Affordable Estimated post 2008 Housing Units Housing units capacity left on Affordable Housing units to be contribution to be completed negotiated d/c uncommitted UDP Housing units to provided from made from UDP 2001-2008 omitted on UDP sites without planning be provided from uncommitted at 30% sites (a) sites (c) uncommitted at trigger (f) = (b+d) to (c+e) (b) 25% trigger (e) = (c x .30) (d) = (c x .25)
West 53 0 50 13 15 13 - 15 Rural North 0 0 0 0 0 0 City Centre 498 377 175 44 53 421 - 430 Eastside 36 66 1,465 381 455 447 - 521 Urban North 159 148 710 179 213 327 - 361 Morriston 0 0 0 0 0 0 Gorseinon 65 39 984 248 296 287 - 325 Pontarddulais 0 0 280 70 84 70 - 84 Total 811 630 3,664 935 1,116 1,565 – 1,746
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(B) Contribution towards Affordable Housing from Windfall Sites
2.3.10 Windfall sites are those granted permission for housing development (by the Council or the Planning Inspectorate at Appeal) on land not allocated for residential development in the UDP. Windfalls may also include additional or new affordable housing units within approved schemes for which no, or more limited, affordable housing provision was previously made. During the housing boom, windfall sites made a significant contribution to the provision of open market housing and, to a lesser extent, affordable housing. In the current climate it is not anticipated that windfall sites will deliver any significant contribution to the total of affordable dwellings provided over the AHDS period.
2.4 Rural Exception Sites
2.4.1 In exceptional circumstances, permission may be granted for the development of small sites within and adjoining settlements. This would be for the specific purpose of providing affordable housing to meet an existing deficiency for people who need to live in the locality and who cannot reasonably be accommodated through the area’s general housing market. The circumstances under which such permission may be granted are set out in UDP Policy EV18 (Local Needs Affordable Housing) which is reproduced in Annex1.
2.4.2 In the County’s rural areas, particularly Gower and Rural North, the price of housing has risen to levels well beyond the reach of many local people seeking to enter the housing market. Consequently younger people are being forced to secure accommodation elsewhere and move away from their villages of birth. This process can in turn have an undesirable impact on the age structure and vitality of a settlement.
2.4.3 Consequently to help sustain local communities the UDP policy restricts the opportunity for market housing in rural areas but allows the release of land within and adjoining certain settlements for local needs affordable housing. In such circumstances affordable housing will be directed towards meeting the needs of the following categories of people as identified in TAN2:
(i) Existing residents needing separate accommodation in the area, for example, married couples and people living in tied accommodation on retirement,
(ii) People whose work provides important services and who need to live closer to the local community,
156 (iii) People who are not necessarily resident locally but have long standing links with the local community, for example elderly people who need to move back to a village to be near relatives, and
(iv) People with the offer of a job in the locality, who cannot take up the offer because of lack of affordable housing.
These releases are not however expected to be extensive or numerous and in all cases confirmation of need will be required to be demonstrated.
2.4.4 To assist with the deliverability of rural exception sites the Council is in the process of examining land in public ownership which is not required for operational use now or in the foreseeable future to identify the potential for affordable housing development. This has already resulted in an area of such land being identified at Scurlage near the health centre (UDP Para 1.6.9 refers), there is also a small site (less than10 units) near Lunnon and further sites may arise as the Council progresses its Asset Management Review.
2.5 Housing Type and Tenure
2.5.1 All future housing developments within the County must be inclusive and capable of accommodating a diverse range of household types and sizes in order to create balanced mixed communities and therefore, consideration will be given to tenure neutral developments. There will also be a requirement for schemes which exceed 25 units (or 10 units in identified zones of constraint) to provide a minimum of 25 - 30% affordable housing units, unless site constraints determine that this would prejudice viability when a lesser number may be negotiated.
2.5.2 The tenure of housing in rural areas is set out in paragraph 2.4.3 above. Within urban areas there is less restriction on the access to affordable housing in comparison to rural areas, the requirements being that the household has to be in housing need, unable to afford the open market and having a local connection to the County.
2.6 Design and Integration
2.6.1 When considering future development proposals, the Council will ensure that affordable housing units are fully integrated, dispersed and indistinguishable from market housing units built on the same site. Units will be built to WAG’s latest Development Quality Requirements which includes Space and Lifetime Home standards and the minimum standards to be met in relation to the Code for Sustainable Homes.
157 2.62 As set out in Planning Policy Wales TAN12: Design, good design can protect the environment and enhance its quality, help to attract business and investment, promote social inclusion and improve the quality of life. These objectives apply equally to affordable housing as they do to market housing, with the overriding principle being to establish a sense of place and community. For small sites the visual integration of old and new development is of particular importance. Affordable housing should also be indistinguishable from market housing provided on the same site, in terms of external design quality and materials.
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Section 3 - Securing Affordable Housing
3.1 Housing Strategy and Housing Partnerships for Delivery
3.1.1 The Council’s strategy for delivering affordable housing, as set out in this document, will be highlighted to prospective developers from the outset when considering development proposals and will be given a high priority in negotiations. This approach has already been put into practice and in recent years housing and planning officers have been successfully working together with developers to agree levels of affordable housing provision on a number of existing sites.
3.1.2 Registered Social Landlords, Community Land Trusts, private developers in addition to individuals (including those wishing to ‘self build’, builders or land owners) can develop affordable housing subject to their proposals conforming to the objectives and policies referred to in this Statement and the draft Section 106 Planning Obligations SPG which is explained in more detail in section 3.3 below.
3.2 Mechanisms for Securing Affordable Housing
3.2.1 In all areas of the County, the delivery of affordable housing through the planning application system is anticipated to be less than that required to meet local need. The UDP therefore sets site size guidelines for the provision of affordable homes, based upon certain trigger points to meet the needs identified in the LHMA. (See Annex 1).
3.2.2 Arrangements for the provision of affordable housing will normally be secured by Section 106 Planning Obligation, or in some cases conditions attached to a planning permission.
3.2.3 In securing the provision of affordable housing in connection with a market residential development, the Council’s preferred method of delivery is:
i. Affordable housing will normally be provided on-site to help create socially balanced communities
ii. Off-site provision will only be acceptable at an agreed appropriate alternative site usually within the locality and a higher proportion of affordable housing will be sought
iii. Financial contributions will only be accepted as an option of last resort and will only be considered when off-site provision is not feasible.
159 3.2.4 Whilst on-site provision of affordable housing is preferred in order to deliver community need and achieve the Council’s objective of sustainable communities, there are circumstances when on-site provision may not provide the ideal solution. This could be, for instance, where the market housing comprises high value flats and the service charges would make the provision of affordable housing unrealistic. Examples where off site units or a commuted sum might be acceptable are where:
• Off site provision of /commuted sum in lieu of affordable housing would ensure better management of affordable units • There would be very high ‘other housing costs’ on the site • There is a need to purchase street properties for families where the scheme is flats • The site is located far from services, schools etc, so affordable housing is not sustainable • The site is located in primarily social rented area while affordable units are required elsewhere
3.2.5 Where a commuted sum is accepted, there should be no advantage to the developer and no disadvantage to the Council or its representative (e.g. a RSL). The commuted sum will be based on the difference in value between affordable and open market homes, if the required percentage were to be provided on-site. Payment of commuted sums should normally be at the same time that the development (including site clearance) starts, to enable the Council to achieve the provision of affordable housing in a timescale equivalent to on-site provision.
3.2.6 Permissions for new housing developments will not be released until agreement has been reached between the relevant parties on the funding and programmed implementation of on-site and/or off-site provision
3.2.7 It is recognised that some sites will experience constraints which could have an impact on the deliverability of a scheme. Therefore, where abnormal development costs are likely to occur, or where a prospective developer believes the specified percentages cannot be achieved for some other reason, the Council will require the developer, in an open book exercise, to demonstrate what level of provision of affordable homes they consider to be achievable. In such cases, some flexibility may be applied to the affordable housing thresholds.
3.3 Scope and Use of Section 106 Planning Obligations
3.3.1 Affordable housing is a scarce and valuable resource, and it is vital that it is preserved for the benefit of future generations. The Council’s approach will be to ensure that affordable homes are safeguarded by including appropriate clauses within a Section 106 Planning Obligation, for example:
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• Covenants which apply when an affordable home is sold or rented out, both initially and on all future changes in occupancy • Passing ownership of land or completed homes to a RSL registered with WAG. (WAG guidance in TAN 2 states that ownership of rented homes by a registered housing association would be sufficient guarantee of it remaining affordable in the future).
3.3.2 Section 106 Planning Obligations will define at what point during the period of construction of a market residential development the affordable homes are to be built. This will normally be no more than half way through the development. However, at outline planning permission stage, the Section 106 Planning Obligation will typically state only the percentage of affordable homes that are to be provided, along with the general criteria referred to in this guidance. For full planning permission, or a reserved matters application, the particular affordable homes will have to be specified. The mix of affordable homes will be a matter for negotiation between the Council and the developer, but this will be guided by:
• The profile of housing need in the area, as evidenced by the LHMA • The Affordable Housing Register • What is appropriate for the location • The Council’s and RSLs’ Housing Register Information (Waiting List) • Any potential future specific housing studies (e.g. a Rural Villages Study)
3.4 Use of Development Appraisal Toolkits and Community Land Trust
3.4.1 When considering the appropriate level and viability of proposals forwarded by developers the Council will appraise the development in accordance to figures supplied by the developer. These figures will be scrutinised to assess whether the level of provision offered is acceptable to the Council. Currently this scheme appraisal work is being undertaken by officers within the Council.
3.4.2 However, the Council is aware that third party Appraisal Toolkit software has been produced, most notably by Three Dragons and this is being used by other local authorities. The Council is being disadvantaged by not being provided with the Three Dragons Appraisal toolkit which would enable a more accurate picture to be obtained.
3.4.3 Community Land Trusts (CLT) can play a part in providing affordable homes within local communities. However there currently are no CLTs within the County and whilst they may be forthcoming in the future, it is not expected that CLTs will deliver any affordable units by 2011.
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3.4.4 From a strategic housing perspective it is important that CLTs do not dilute the impact and role of RSLs. Any CLT activities should therefore be focused on new provision in locations where RSLs are currently not operating through the inability to access suitable sites or through a lack of funding.
3.5 Empty Property Strategy
3.5.1 Empty private sector properties are a major issue within the County. Analysis of the Council Tax database for 2008/09 illustrates that in excess of 3,200 properties were empty (3.74% of the total stock), of which over 1,900 had been empty for more than 6 months. Many of these properties were uninhabitable and rapidly deteriorating.
3.5.2 The Council has therefore formed a cross departmental partnership to address the problem of Empty Homes within the County and published an Empty Property Strategy (EPS), the objectives of which are to:
• Return as many long term empty homes and other appropriate empty buildings as possible back into residential use. • Assist in area based renewal activities (currently in Hafod) • Minimise the need for future development of greenfield sites to meet the Council’s Affordable Housing targets • Improve the existing built environment
3.5.3 The EPS is supported by UDP Policy HC4 (Annex 1 refers) which supports proposals for the improvement of the existing private and social housing stock. The policy highlights that proposals for a coordinated programme of renewal will be prepared in areas identified as being in need of comprehensive action. Areas identified for potential future renewal include Blaenymaes, Bonymaen, Townhill, Graigfelen, Clase and Penllergaer, however this is subject to further research and analysis.
3.5.4 The EPS intends to use a range of methods to bring Empty Homes back into use, including bespoke advice and assistance, grants or loans and enforcement action. Grants for Nominations (Grants4Noms), has been developed to assist with the EPS and places particular emphasis on bringing family properties back into use that have been identified (in the Empty Property Register) as being empty for between two to five years. The scheme intends to work proactively with private landlords to increase the supply of private rented properties available for those on the Council’s Housing Register, by requiring nomination rights as a condition of the grant.
162 3.5.5 In 2008/09 the Council has enabled 5 units of accommodation to be brought back into use. This target figure will be increased in both 2009/10 (10 units) and 2010/11 (15 units) as identified in Table B above. This table also shows that the Council has earmarked funding for 5 units via SHG for 2010/11 and intends to apply for funding for additional units in future years.
3.6 Disposal of Public Land for Affordable Housing
3.6.1 Decisions on the disposal of Council owned land will be taken on a site by site basis following appropriate Council procedures. As for all public bodies, there are many competing priorities for the use of capital generated through the disposal of land. Notwithstanding this, consideration may on occasion be given to discounting housing and non housing land to approved RSLs for the development of affordable housing, depending on circumstances and if public value can be realised.
3.6.2 The Council will continue to approach and consider land that is surplus to requirements in WAG (DE&T), Welsh Health Estates and Forestry Commission ownership with a view to it being developed for affordable housing purposes.
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Section 4 - Monitoring the Delivery of Affordable Housing
4.1 Monitoring Mechanisms
4.1.1 Regular monitoring of the delivery of affordable housing is required for the purpose of identifying whether:
• Policies are achieving their objectives
• Policies have had unintended consequences
• The assumptions and objectives behind policies are still relevant
• The desired outputs are being achieved
4.1.2 Affordable housing provision in the County is monitored predominantly under the planning system through:
• National Key Performance Indicators (annually)
• Joint Housing Land Availability Studies (annually)
• Development Plan Annual Monitoring Reports (which include a performance measure for the number of affordable units approved)
and also via;
• PSR 004 (Performance Indicator for Empty Homes) and Annual Monitoring Report for the Empty Homes Strategy
4.1.3 The AHDS will be monitored by the Council’s Housing Service together with input from Planning Services. The Council has recently created an Enabling Officer post, part of whose duties will be to annually monitor the AHDS, monitor targets set and action as required.
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4.2 Risk Assessment
4.2.1 There are a number of obstacles and constraints which are impacting on the delivery of affordable housing in the County. As part of the AHDS monitoring process, it is important to highlight those risks to delivery and identify mechanisms to overcome them. These risks include:
• The delivery of SHG schemes being dependant on the WAG cash allocation matching the value of scheme approvals
• Impact of the uncertainty of the house building sector to deliver under current market/financial conditions
• Housing sites with planning permission or projected ‘windfall’ sites may not come forward over the Development Plan period
• Developers may not agree with the amount of affordable housing provision on-site or commuted payment figure, which could cause delays
• Landowner’s reluctance to sell to developers below full market value
• Under occupation of homes – policies to support single elderly occupiers residing in 2 bedroom + homes for longer reducing the supply of family homes.
• The timescale for the delivery of affordable houses secured through existing Section 106 Planning Obligations slipping back as construction rates fall,
• The number of residential planning applications being submitted by developers continuing to fall curtailing the opportunity to secure future delivery through Section 106 Planning Obligations
• Reduced private sector delivery widening the affordable housing shortfall, which appears likely to grow,
• RSLs not being in a position to compensate given current levels of investment.
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Section 5 – Summary and Conclusion
5.1 In summary, it can be seen that between the period 2007 and 2011 the requirement in the City & County of Swansea for affordable housing is of the order of 2,240 units of accommodation. Actual and projected completions indicate a shortfall of 1,295 units against this target.
5.2 The current economic recession and banking crisis have thrown the housing market into turmoil. Falling house prices and the inability, particularly of first time buyers, to secure mortgages have resulted in a dramatic downturn in private sector construction activity, starts and the submission of planning applications for new residential developments. Given the current housing market conditions, this will make it extremely difficult to close the gap in required affordable housing between now and 2011.
5.3 Recently announced Government Intervention measures, though important, appear by themselves at present unlikely to be capable of reversing the decline in the housing market. This raises serious issues around the ability to deliver the levels of affordable housing previously identified as being needed through those mechanisms proposed in the Council’s adopted Local Housing Strategy, as:
i. The timescale for the delivery of affordable houses secured through existing Section 106 Agreements has slipped back as construction has fallen.
ii. The number of residential planning applications being submitted by developers has fallen back dramatically curtailing the opportunity to secure future delivery through 106 agreements.
iii. Depressed market conditions will significantly reduce windfall sites.
iv. Reduced private sector delivery is widening the affordable housing shortfall, which appears likely to grow
v. RSLs are not in a position to compensate
5.4 Under the Affordable Housing Delivery Statement (AHDS) the Council is expected to show how it will contribute to the WAG target of 6,500 new affordable homes by 2011.
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5.5 As discussed above, private sector contributions secured through Section 106 agreements are likely to be very limited. Therefore, to meet identified needs, greater emphasis will need to be placed on contributions from the social rented sector. To enable the Council to deliver both its local and national level of indicated need greater funding of the RSL movement, predominantly through the SHG route will have to be made available by the Welsh Assembly Government
5.6 In conclusion the Council’s approach to closing this gap will be:
• Continue to utilise s.106 Planning obligations when the opportunity arises in the market.
• Use the development appraisal toolkit to give a better indication of the viability of scheme.
• Increase the use of measures indicated in the empty property strategy to ensure more properties are brought back into use
• Continue to provide affordable housing through the RSL sector through general needs, Homebuy, specialist provision, mortgage rescue, etc...
• To continue to examine the use of public owned land to contribute to the provision of affordable housing on site by site basis.
• Increase the use of the intermediate rental and ownership market by encouraging RSLs to examine new models of delivery.
• Seek an increase in the funding available to the RSL sector, through SHG, SCIF or other routes to increase the level of affordable housing provided.
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Annex 1: Relevant UDP Policies
Policy HC3 – Affordable Housing
In areas where a demonstrable lack of affordable housing exists, the Council will seek to negotiate the inclusion of an appropriate element of affordable housing on sites which are suitable in locational/accessibility terms and where this is not ruled out by exceptional development costs. In most parts of the Plan area such negotiations will focus on new housing developments of 25 or more dwellings or sites of 1ha or more or phases of such developments. However, in the large and small villages subject to Policies EV16 and EV17 and Swansea West Strategic Housing Policy Zone where opportunities for housing development are more constrained, negotiations for the inclusion of a percentage of affordable housing in new housing schemes will be sought on new housing developments of 10 or more dwellings or sites of 0.4ha or more or phases of such developments The retention of affordable housing for such use will be secured through planning conditions, legal obligations and secure tenancy agreements.
Policy EV18 – Rural Exception Sites
In exceptional circumstances permission may be granted for the development of small sites within and adjoining settlements. This would be for the specific purpose of providing affordable housing to meet an existing deficiency for people who need to live in the locality and who cannot reasonably be accommodated through the area’s general housing market.
Such releases will only be made where: (i) There is proven need in the locality, (ii) There are binding agreements to make the housing available for low cost purchase or rent, and for the retention of the housing in the long term as low cost housing to meet local needs, (iii) It has a design that in its form, elevational treatment, detailing and use of materials is sympathetic to the architectural character of the village, (iv) It will not involve the loss of land of important recreational, natural heritage or amenity value, (v) The scale of the development is in accord with the character of the
168 area, and (vi) No satisfactory alternative arrangements can be made to meet the identified needs.
Policy HC4 - Regeneration of Older Housing Areas
Proposals for the improvement of the existing private and social housing stock will be supported where schemes satisfy Policy HC2 criteria.
Where appropriate, proposals for a co-ordinated programme of renewal will be prepared in areas identified as being in need of comprehensive action.
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Annex 2: Section 106 Planning Obligations for Affordable Housing (Source: Consultation Draft Planning Obligations Supplementary Planning Guidance, May 2009) – this is currently out for consultation and subject to alteration.
(i) Size of Site The Council will generally require the provision of affordable housing on all developments containing 25 or more dwellings or sites of more than 1 hectare. In Swansea West plus the large and small villages identified by UDP Policies EV16 (Small Villages) and EV17 (Large Villages), the provision of affordable housing will be sought on developments of 10 or more dwellings or sites of 0.4 hectares or more or phases of such developments.
(ii) Determining the Proportion and Mix of Affordable Housing on a Site In seeking to negotiate an element of affordable housing on a site the Council will take into account: site size, suitability, the economics of provision and the availability of finance; whether there will be particular costs associated with the development of the site; and whether the provision of affordable housing would prejudice the realisation of other planning objectives that need to be given priority in the development of the site. The exact amount of affordable housing to be provided on sites will depend on the merits and circumstances of each proposal, but negotiations will take into account the factors highlighted above. However given the housing need identified in the LHMA, the Council will normally expect that 30% of all dwellings will be affordable housing. The Council’s preferred method of achieving affordable housing is for developers to build affordable units (on-site) for transfer to a Registered Social Landlord/The Council. Off-site provision or the payment of a commuted sum will only be agreed in exceptional circumstances when the Council accepts that on-site provision is not possible and such off-site provision can be secured at the time of entering into the obligation i.e. an alternative site can be identified. The location of the site will determine the tenure and size of affordable housing need that the Council will seek to address. Some UDP housing allocations as a result of their location may not be well suited to those most in need of affordable housing. In such situations, the Council is likely to prefer that in lieu of helping to provide affordable housing on-site, developers make financial or off-site contributions to enable provision in more appropriate locations. The Council will endeavour at an early stage in negotiations to indicate how the affordable housing should be provided.
(iii) Layout/Design Affordable housing layouts will comply with the Council’s general design guidance and standards for new residential development and WAG Development Quality Requirements (DQR) for RSL. The DQR standards ensure that homes are flexible and responsive to the changing needs of the occupants and are capable of meeting the changing needs of the variety of households likely to occupy a house during its design life.
170 The standards also require that new homes contribute towards achieving a more sustainable housing stock by setting the required Code for Sustainable Homes level and energy efficiency standards in excess of current building regulations.
Affordable housing should not be concentrated in one part of a development. For larger developments in particular, the affordable housing should be located in clusters throughout the site. Developers should discuss and agree design specification issues at the earliest stage possible.
(iv) Perpetuity The Council requires all affordable housing to be provided in perpetuity through the use of a Section 106 Obligation. Where Low-Cost home ownership units have been secured via Section 106, the equity will be initially held by the Council or its partnering RSL. Following the re-sale of the affordable unit as an open market property, the equity share will be re-cycled to fund new affordable housing elsewhere within the County.
(v) Phasing Whether affordable housing is provided on or off-site, its delivery will normally be linked to the completion of a specified percentage of the general market housing on the site to ensure the scheme is developed as a whole. Where a large development is proposed in phases, the number of affordable housing units should also be phased to further integrate general market and affordable housing. Such phasing should provide the necessary infrastructure for the affordable housing to be occupied prior to commencement of a new phase. In those exceptional circumstances where commuted payments are involved, agreement will need to be reached on staged payments.
(vi) Student Housing Student housing is not considered to be affordable housing for the purposes of the UDP and does not count towards meeting the overall affordable housing target for the County.
171 Annex 3 : Glossary of Terms and Acronyms
Code for Sustainable The Code for Sustainable Homes is an environmental Homes impact rating system for housing, setting new standards for energy efficiency (above those in current building regulations) and sustainability which are not mandatory under current building regulations but represent important developments towards limiting the environmental impact of housing.
Community Land Trust A community land trust is a property trust which aims to benefit the surrounding community by ensuring the long- term availability of affordable housing through an equitable and sustainable model of affordable housing and community development
Commuted Sum One-off payment made instead of providing facilities or a service, and which takes away responsibility to make such provision.
Empty Property Strategy EPS Document providing a framework within which the Council can work with other organisations and property owners to bring empty properties back into use. The overall aim of the Empty Property Strategy is to reduce the number of long- term empty properties, and increase the supply of affordable, decent housing
Grants4Noms Scheme whereby financial incentive to renovate properties is given by the Council in return for nominating tenants for the properties
Intermediate Housing Housing at prices or rents above those of social rented but below market prices or rents. This includes shared ownership, shared equity, sub market renting or low cost home ownership
Lifetime Homes The Lifetime Homes Standards are a series of sixteen standards intended to make homes more easily adaptable for lifetime use.
Local Development Plan LDP Following the Planning and Compulsory Purchase Act 2004, each unitary authority in Wales is required to prepare a local development plan (LDP) for its area. These will replace the previous unitary development plans (UDPs), and will become the sole development plans for each council and National Park. Authorities in Wales must have regard to WAG planning policy documents, including the Wales Spatial Plan, in preparing LDPs.
172 Local Housing Market LHMA The document to enable local authorities to derive overall Assessment figures for the numbers of households requiring additional housing. Also to derive figures on the level of housing demand and need in their local housing markets. It helps them use this information to understand its impact on market and affordable housing provision
Local Housing Strategy LHS The Local Housing Strategy sets out the current local housing situation across all tenures and provides strategic direction for the next five years. It covers many key housing issues including affordable housing, homelessness and property condition
Mortgage Rescue A scheme whereby a housing association can provide people eligible for assistance with an equity loan so that the mortgage outgoings will be reduced or, if this is not suitable, the housing association can buy the home from owner and the owner can continue to live there as a tenant.
PSR004 A WAG performance indicator that highlights the percentage of private sector dwellings that have been vacant for more than 6 months at 1st April that were returned to occupation during the year
Registered Social Landlords RSL A Housing Association or a not for profit company, registered by the Welsh Assembly Government, providing social housing. Only RSLs can be paid SHG
Right To Buy RTB The Right to Buy scheme is a policy in the United Kingdom which gives tenants of council housing the right to buy the home they are living in.
S.106 Planning Obligations S.106 A general term to describe a housing site which is large enough to require a developer to contribute to the community (in this context affordable housing) as part of the development scheme.
Self Build "Self-build" is the practice of creating an individual home for yourself through a variety of different methods.
Social Housing Grant SHG Social Housing Grant (SHG) is a grant given to Registered Social Landlords (housing associations) by the Assembly Government. The grants aim to provide new affordable housing for rent or low cost home ownership.
Social Rented Social Rented Housing is housing available to rent at below market levels. Lower rents are possible because the Welsh Assembly Government subsidises local authorities and registered social landlords in order to meet local affordable housing needs.
173 Supplementary Planning SPG Additional planning guidance which is prepared by local Guidance planning authorities to provide detailed and specific guidance for developers to supplement statutory policies. Supplementary planning guidance may take the form of development briefs on particular sites or may cover a particular issue or topic relevant across the district
Staircasing Staircasing refers to the practice of purchasing additional percentages of a shared ownership house
Strategic Capital Investment SCIF Welsh Assembly Government investment fund of over £400 Fund million, allocated to suitable strategic, cross-cutting projects across six themes - regeneration, positive lifestyles, climate change, sustainable transport, resilience and skills
Tenure Neutral Tenure Neutral Affordable Housing, where the RSL retains control of the property to enable occupancy to interchange between rented and owned according to the circumstances of the residents
Unitary Development Plan UDP Development plans prepared by unitary Councils under Part ll of the Town and Country Planning Act 1990 (section12), as amended. UDPs contain policies and proposals for the physical land use development of a specified area, taking into consideration any potential environmental, social and economic impacts
Welsh Assembly WAG In May 2007, separation between the legislature (National Government Assembly for Wales) and the executive (Welsh Assembly Government) took effect under the Government of Wales Act 2006. The National Assembly’s functions, including those of making subordinate legislation, in the main, transferred to the Welsh Ministers upon separation and should help to clarify the respective roles of the legislature and the executive
Windfall Large sites of 10 or more dwellings not allocated in the UDP but which emerge over the plan period
174 Annex 4: Relevant Publications/Website Links
1. City & County of Swansea: www.swansea.gov.uk
2. Welsh Assembly Government: www.wales.gov.uk
3. City & County of Swansea – Unitary Development Plan: www.swansea.gov.uk/devplan
4. City & County of Swansea - draft s106 Planning Obligations SPG: www.swansea.gov.uk/s106
5. City & County of Swansea – Shadow Community Strategy: www.swansea.gov.uk/index.cfm?articleid=11050
6. City & County of Swansea – Local Housing Strategy 2007-2012: www.swansea.gov.uk/index.cfm?articleid=1397
7. City & County of Swansea – Private Sector Empty Property Strategy 2005-2008: www.swansea.gov.uk/index.cfm?articleid=9726
8. City & County of Swansea – corporate Improvement Plan 2008-2012: www.swansea.gov.uk/index.cfm?articleid=1398
9. Welsh Assembly Government – Technical Advice Note 2: Planning and Affordable Housing (2006): www.wales.gov.uk/topics/planning/policy/tans/tan2
10. Welsh Assembly Government – Technical Advice Note 12: Design (2009) www.wales.gov.uk/topics/planning/policy/tans/tan12/?lang=en
11. Welsh Assembly Government – Development Quality Requirements: www.wales.gov.uk/topics/housingandcommunity/housing/designandco nstruction/devquality/?lang=en
12. Welsh Assembly Government – Planning Policy Wales (2002): www.wales.gov.uk/topics/planning/policy/ppw2002/?lang=en
175 Annex 5: Contact Points within the Council
Peter Williams Strategy and Enabling Manager Housing Service Unit City & County of Swansea Civic Centre Oystermouth Road Swansea SA1 3SN [email protected]
Richard Jones Principal Planner (Major Projects) Planning Services City & County of Swansea Civic Centre Oystermouth Road Swansea SA1 3SN [email protected]
Paul Meller Planning Policy Team Leader Planning Services City & County of Swansea Civic Centre Oystermouth Road Swansea SA1 3SN [email protected]
Martin Ridgeway Senior Enabling Officer Housing Service Unit City & County of Swansea Civic Centre Oystermouth Road Swansea SA1 3SN [email protected]
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Annex 6: Assessment of Housing Need
Stage and step in calculation Notes Output
STAGE 1: CURRENT NEED (Gross) 1. Existing households in need of accommodation 5,152 2. plus Homeless Households and those in temporary 33 accommodation 3. minus Cases where they can afford to meet their need in the 1,534 market 4. equals Total current housing need (gross) 1+2-3 3,651
STAGE 2: AVAILABLE STOCK TO OFFSET NEED 5. Current occupiers of affordable housing in need 1,949 6. plus Surplus stock 56 7. plus Committed supply of new affordable units 148 8. minus Units to be taken out of management 0 9. equals Total stock available to meet current need 5+6+7-8 2,153 10. equals Total current unmet housing need 4-9 1,498 11. times Annual quota for the reduction of current need 20.0% 12 equals Annual requirement of units to reduce current need 10x11 299
STAGE 3: NEWLY ARISING NEED 13. New household formation (gross per year) 1,133 14 times Proportion of new households unable to buy or rent in the 78.2% market 15. plus Existing households falling into need 1,387 16. minus Potential out-migrants unable to afford market housing 48 17. plus In-migrants unable to afford market housing (inc in 13 to 15) 0 18 equals Total newly arising housing need (gross per year) (13x14)+15-16 2,225 STAGE 4: FUTURE SUPPLY OF AFFORDABLE UNITS 19. Net annual supply of social re-lets (net) 1,933 20. plus Annual supply of intermediate housing available for re-let or 31 resale at sub-market levels 21. equals Annual supply of affordable housing 20+21 1,964
NET SHORTFALL OF AFFORDABLE UNITS 12+18-21 560
(SOURCE: Swansea LHMA, Fordhams 2007)
177 Item No. 10 (1)
Report of the Corporate Director (Social Services)
nd Council – 22 October 2009
CHILD AND FAMILY SERVICES
FOR INFORMATION ONLY
Summary
Purpose: To provide an update about Child and Family Services.
Policy Framework: Children and Young People Plan, Health, Social Care and Well Being Strategy and the Corporate Plan.
Reason for Decision: No decision is required.
Consultation: Legal and Finance.
Recommendation(s): This report outlines the position regarding the overview of activity across Child and Family Services. Detailed analysis and discussion will continue to be addressed via the Child and Family Services Overview and Scrutiny Board. This report is for information.
1. Introduction
1.1 This is the third report to Council to provide an update about the position for Child and Family Services. The same format has been used as that for the previous two reports. The following elements of the report will consider the Child and Family Services Overview and Scrutiny Board, the Child and Family Services Strategic Delivery Plan and the Intervention Board.
2. Child and Family Services Overview and Scrutiny Board
2.1 The Board has met twice since the Council meeting on the 10th September. At the time of writing this report there are two letters that have been exchanged between the Chair of the Child and Family Services Overview and Scrutiny Board and the Cabinet Member for Social Services.
178 a. Letters by the Chair of the Child and Family Services Overview and Scrutiny Board
1. Letter of the 15th September Appendix 1.
b. Letters by the Cabinet Member for Social Services
1. Letter of the 5th October Appendix 2.
3. Child and Family Services - Strategic Delivery Plan
3.1 Further to the report to Council on the 10th September which identified staffing capacity as an issue it is important that an update is provided. Action has been taken as follows:
a. That social workers in Adult Services have been asked to consider a secondment to Child and Family Services for three to six months. Two staff have now been seconded.
b. Part time social work staff in Child and Family Services have been offered the opportunity to increase their hours. One person has taken this opportunity.
c. Continued effort to supplement staffing with agency social workers has occurred.
d. A national recruitment campaign has commenced.
3.2 Work associated with the performance agenda remains a key priority. Agreement has been reached with the provider of the Paris System, In4tek, to further develop the system. As a consequence more development days have been made available to Social Services with no additional cost.
3.3 The overall performance for initial assessments and core assessments has improved. These elements of the assessment process are absolutely fundamental in terms of determining need and planning appropriate support. The improvement has occurred even though the total workload has substantially increased. It is important that the situation continues to be closely monitored and reviewed to ensure that the progress that has been achieved is maintained.
179 4. The Intervention Board
4.1 Members of the Intervention Board met with both senior officers and Elected Members during their planned visit in September. Following the visit the Chair of the Board, His Honour Graham Jones, once again sent a letter to the Chief Executive.
4.2 There were a number of matters that were addressed in the letter. Some positive comments are noted as follows:
a. Acceptance of the problems by both the political and managerial leadership.
b. Improved links between Scrutiny and Overview with Cabinet and Council.
c. Improved understanding of corporate parenting roles.
d. Structures that are in place to drive forward the improvement agenda.
A number of areas for improvement were also noted as follows:
a. The need for a more coherent plan to address the concerns identified in previous reports.
b. Evidence needed to demonstrate the improvements and changes that have occurred.
c. It is important to be able to demonstrate effective discharge of the relevant statutory requirements in accordance with the Welsh Assembly Government Guidance ‘Statutory Guidance on the Role and Accountabilities of the Director of Social Services’.
d. It is necessary to maintain proactive engagement with key stakeholders.
e. To take appropriate action regarding the staffing situation for the social work teams.
5. Financial Implications
5.1 There are no additional financial implications associated with this report.
6. Legal Implications
6.1 There are no additional legal implications associated with this report.
180
7. Recommendations
7.1 This report outlines the position regarding the overview of activity across Child and Family Services. Detailed analysis and discussion will continue to be addressed via the Child and Family Services Overview and Scrutiny Board. This report is for information.
Background Papers Intervention Board letter.
Contact Officer: Chris Maggs Corporate Director (Social Services) 01792 636245 Reference: cm9o003/sd
Legal Officer: Janet Hooper
181 APPENDIX 1
Councillor Tregoning Please ask for: Overview & Scrutiny Gofynnwch am: Cabinet Member for Social Services Direct Line: 01792 637257 Room 2.1.13 Llinell Uniongyrochol:
Civic Centre e-Mail [email protected] e-Bost: Oystermouth Road SWANSEA Our Ref Ein Cyf: SA1 3SN Your Ref Eich Cyf:
Date 15th September 2009 Dyddiad:
Dear Councillor Tregoning,
Child and Family Services Overview & Scrutiny Board – 11th August 2009
The Board received your letters dated 6th and 20th July which responded to discussions that occurred at previous Board meetings. The Board was pleased to note that you appreciated the seriousness of the situation in Swansea and hoped to see evidence of the issues being driven forward through the Cabinet as a whole. The Board was pleased with the efforts to raise awareness amongst the whole Council though felt that attendance at the various briefings needed to be better. The Board was also pleased that you have been meeting with both staff and Trade Unions. The Board is happy that the Corporate Director (Social Services) is now providing a regular report to Council which incorporates the exchange of letters to ensure awareness amongst the whole Council and wider visibility.
The focus of our last Board meeting was on monitoring performance and we were provided with the Child & Family Services Performance Report for June 2009. The Board was pleased the Corporate Director (Social Services) was able to report that, despite an increase in caseload, performance levels had generally been sustained. The Board acknowledged the additional demands and pressures this placed on the service and Social Work Teams. The Board was pleased to hear from the Director that he felt that progress was being made at the front end of the service, Initial Assessments were being dealt with in a more consistent fashion, there was improved practice (including preparation for care proceedings) and better case files audits. He highlighted that staff were working hard and that the productivity of social workers was increasing. The Board would expect that evidence of such improvements can be clearly demonstrated to inspectors, through robust qualitative evidence. The Board also welcomed the fact that performance reports are being produced more quickly than before and showed trends in performance.
Cont’d
OVERVIEW & SCRUTINY / TROSOLWG A CHRAFFU
CITY AND COUNTY OF SWANSEA / DINAS A SIR ABERTAWE CIVIC CENTRE, SWANSEA, SA1 3SN / CANOLFAN DDINESIG, ABERTAWE, SA1 3SN
www.swansea.gov.uk
182 On the whole however, the Board found the performance report confusing. The ability of the report to paint a clear picture was skewed by the increase in demand for the service. Whilst the Board recognises that performance indicators can have limitations and that staff are working harder and dealing with heavier workloads, the absolute figures do not show improvement, and the Board is anxious about this. The report also does not provide any measure of the quality of service provided, and this is something that needs to be developed so that we can evidence better outcomes for children in Swansea.
The Board expressed concerned about the following:
• The ability to sustain the level of service in view of rising referrals and case loads, and assessments, and the serious implications for our staff. Staff are fire fighting a heavy and increasing workload and are working continuously under extreme pressure, and it will not be possible to sustain this. The Board has a grave concern for the quality of service that can be provided and the morale and retention of staff remains an issue. • While access and initial assessments are reported to be managed more consistently, there is no doubt that the Core Assessment Teams are struggling as a result of the amount of additional work. Their focus on completing outstanding assessments has also resulted in a significant increase in the statistical average time taken to complete assessments. The large number of looked after children has placed considerable pressure on the teams and impacts on the Core Team’s ability to complete assessments. • The inability of Social Services to have a greater direction over Cymorth funding so that it can be better utilised for the benefit of the service. • The lack of internal mechanisms to validate data from some 3rd party sources. • The amount of validations, testing and checking that is required to ensure the robustness of performance data. If data coming out is so questionable then the collection and recording of data needs to be considerably improved. Either the PARIS system or staff training needs to improve significantly. Systems must be user friendly, assist the work flow, and should not create work for staff because of limitations. It would also help if the systems can look forward – e.g. give warnings / reminders / generate target dates etc. to help staff manage their time. IT systems can greatly assist staff and management in improving efficiency and knowing what the situation is at any point in time, but PARIS is not doing this. • We need to find ways to ensure the administrative support available to Social Workers is utilised more effectively so that Social Workers concentrate only on what they can do. • The sustainability of some family support services which provide little evidence of their effectiveness, and do not follow the child of greatest need. The Authority will need to consider whether this is the best way of protecting children at risk in Swansea.
183 The Board has asked to be provided with the following information:
• A breakdown of the number of looked after children placed in foster care showing how many independent foster carers are being used compared to Foster Swansea and the ‘in county’ / ‘out of county’ split. The Board recognises the financial burden that foster caring presents and would be happy to consider the Placement Strategy, which it has been told is being developed, at a future meeting
The Board will want to see action in respect of the following:
• The report appeared not to include all relevant performance indicators and asks that this is reviewed to ensure that future monthly performance reports are comprehensive and provide a fuller picture of performance across the service • The peripatetic team must be in place as a matter of urgency as there are serious concerns about the ability of the assessment teams to manage workloads with reduced capacity • The Board is of the view that administrative support should be integrated with the social work teams. The more effective utilisation of support staff to assist with data inputting could help social workers to manage their work better and concentrate on core activities. If it takes time for field staff to enter data / write up notes, it would help if they had access to portable technology that can communicate with the central system and ensure up- to-date information (particularly important to emergency teams). Dictaphones may help social work staff to improve the way data is captured and recorded onto the systems. It may be worth trialling administrative support going out with social workers to ensure records can be updated in a more timely fashion. • Exploring the possibility of boosting support to the service through the sharing of staff (for example between Education and Social Services) or drawing support from the corporate centre. • Encouraging the greater use of Common Assessment Framework amongst partner organisations. Whilst limited they have the potential to benefit the Initial Assessment stage where a social worker becomes involved, and will help in the longer-term to promote amongst the wider sector the structured assessment of needs. It will help to guide professionals into considering all options and avenues of support / signposting / skills development (parenting) etc, before referral is necessary (i.e. taking greater responsibility and making judgements). • Effective joint working through the Local Safeguarding Children Board demonstrating a shared ownership and understanding. The Board expects the Authority to lead the discussion with key partner organisations to ensure they understand the issues we are facing. Members need to exercise influence where they can across the sector. • Maintaining a cohesive link between adult and child services, particularly given the effect of parental substance misuse or mental health on children, and looking at the whole family needs and being proactive not reactive. Do
184 we have sufficient knowledge and joined up procedures so that where the needs of an adult become an issue the impact on a child within the home is picked up?
The Board is expecting subsequent monthly reports to be circulated by e-mail to them. The Board will agenda performance monitoring on a quarterly basis for discussion – therefore next around November – but in the meantime it is essential that Board Members are kept in the loop.
The Board also checked progress with the 3 Task & Finish Groups which were established a few months back. There are expected to be concluded by the end of September and the Board will meet to consider the findings and conclusions from this work and recommendations that may be necessary. Following this the Board will be considering further work for Task & Finish linked to the key issues and overall programme of improvement.
The Board also discussed feedback from the recent visit of the Intervention Board and expressed concern about its view on progress that the Authority is making. It is clear that they expect much more to have been achieved and the Board is fearful of future prospects for the service should the Authority not be sufficiently focussed on delivering and sustaining improvement and tackling the issues with the seriousness and urgency required through effective corporate and political leadership. The Board expects that urgency to also be shared amongst the wider sector and Members of the Swansea Safeguarding Children Board. The Board is keen to meet with these to ensure they are playing their part and treating the protection of children as a shared responsibility and fully committed to enable the Authority to carry out its role more effectively.
I look forward to your reply.
Yours sincerely,
COUNCILLOR MARK CHILD Chairman, Child & Family Services Overview & Scrutiny Board [email protected] cc Cllr. Paxton Hood-Williams – Vice-Chairman of the Child & Family Services Overview & Scrutiny Board Cllr. Chris Holley – Leader Cllr. Mike Day – Cabinet Member for Education Cllr. Mary Jones – Cabinet Member for Business Improvement & Efficiency Corporate Management Team Chris Maggs – Corporate Director (Social Services) Steve Walker – Head of Child & Family Services
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APPENDIX 2
C ITY A ND C OUNTY O F S WANSEA ——————————————————————————————————————————————— D INAS A S IR A BERTAWE
Please ask for: Gofynnwch am: Cllr Nick Tregoning Councillor Mark Child Direct Line: 01792 637426 Chairman – Child & Family Services Llinell Uniongyrochol: Overview & Scrutiny Board [email protected] / City and County of Swansea E-Mail / E-Bost: [email protected]
Civic Centre Our Ref / Ein Cyf: NT/VH Your Ref / Eich Cyf: Date / Dyddiad: 5th October 2009
Dear Councillor Child,
Re: Child & Family Services Overview & Scrutiny Board
Thank you for your letter of the 15th September. Before considering what you say concerning performance management, I wanted to make a couple of brief remarks concerning performance within the service. Staff within Child and Family Services (CFS) have increased their productivity substantially as a consequence of the dramatic uplift in both referrals and the numbers of children who have now become looked after. Such an achievement is a tribute to their hard work, dedication, and professionalism. It is important that sustainable arrangements are put into place to address the increase in workload that has been identified.
That is why a number of key decisions have been implemented.
• Recruitment to the peripatetic social work team has progressed as reported to Council. • Five additional posts have been created to address the issues surrounding the operation of the Public Law Outline; and to provide additional supervision and support. • Two principal officer posts are to be advertised; one to address the policy and performance issues that have been identified within the service, and the second to increase capacity in assessment and case management. • The advertising and marketing campaign to recruit more social workers to Swansea’s Child and Family Services in the short to medium term continues.
-1-
COUNCILLOR/Y CYNGHORYDD NICK TREGONING CABINET MEMBER / AELOD CABINET
CABINET OFFICE, CIVIC CENTRE, OYSTERMOUTH ROAD, SWANSEA SA1 3SN SWYDDFA’R CABINET, CANOLFAN DDINESIG, HEOL YSTUMLLWYNARTH, ABERTAWE SA1 3SN
(01792) 637441 (01792) 636196 [email protected] www.swansea.gov.uk
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C ITY A ND C OUNTY O F S WANSEA ——————————————————————————————————————————————— D INAS A S IR A BERTAWE
• Agency social workers continue to be sought to provide immediate strengthening of the teams. • A senior human resources professional has been seconded to Social Services and is working on all aspects of the above, as well as on other issues such as sickness, and disciplinary matters. • Two more paralegals are being recruited to strengthen the Joint Childcare Legal Team.
The issue of monitoring performance is a vital one. It goes without saying that unless the information that senior managers, Cabinet Members and the Overview and Scrutiny Board itself receive is not timely and accurate then the task of promoting and sustaining positive changes is more difficult. You make a number of points about the PARIS system. While I am the first to acknowledge that the system and its operation require further attention to enable it to operate to its full potential, nevertheless from my own discussions with staff it is clear that the existence of a unified database is considered to be a step forward. It was reliance on a paper/file based system in the past that led to some of the unevenness in quality and performance. Evidence of an improvement in the timeliness, quality and accuracy of data capture and retrieval from PARIS is demonstrated by the fact that key officers within Education and schools have indicated their increased confidence in the information held about LAC and those on the CPR.
In addition, discussions have continued with In4tek, the designers of the system concerning the way forward. As a consequence of these discussions so far, In4Tek have agreed to treat Swansea CFS as a development site, agreed to speed up the delivery of releases for the system, and agreed to provide additional development days for CFS staff at no cost to the Authority.
Further, it has been agreed that an additional information analyst is required to bolster this improvement. Matters concerning mobile working will be considered, but I am of the view that to concentrate effort in this direction at present would be a distraction from our core objectives at this time. I can assure the Board however, that it will remain a medium-term priority.
-2-
COUNCILLOR/Y CYNGHORYDD NICK TREGONING CABINET MEMBER / AELOD CABINET
CABINET OFFICE, CIVIC CENTRE, OYSTERMOUTH ROAD, SWANSEA SA1 3SN SWYDDFA’R CABINET, CANOLFAN DDINESIG, HEOL YSTUMLLWYNARTH, ABERTAWE SA1 3SN
(01792) 637441 (01792) 636196 [email protected] www.swansea.gov.uk
187
C ITY A ND C OUNTY O F S WANSEA ——————————————————————————————————————————————— D INAS A S IR A BERTAWE
Your point about Cymorth funding mirrors my own concerns and those of other colleagues. That is why the Lead Director has been asked to prepare an account of all Cymorth-funded projects as a matter of urgency.
It is the intention to review specific projects in terms of their effectiveness in either supporting the core objectives of CFS or deflecting appropriate referrals away from CFS where appropriate. However, it must be remembered that certain decisions concerning Cymorth – funded projects are taken in partnership with others. In addition, your point concerning the need to consider the effectiveness of family support services chimes with my own intentions.
The Board makes the point about examining the possibility for closer administrative support to social workers at the interface with clients. Obviously, there are considerations concerning the need to maintain coherence in record-taking, and client confidentiality, as well as some doubts as to the actual amount of time that would be saved as work would have to be checked by each social worker. However, I have asked the Corporate Director to look into the possibility, and I am aware of the fact that he has consulted the relevant staff on the matter.
Partnership working continues to be a high priority, and it is clear that our partners view child protection in Swansea as a responsibility for all organisations working together, and not just something that CFS alone must resolve. In my view the seriousness of a partnership can be judged by the willingness to commit individual resources to joint projects, and I am therefore particularly heartened to note the decision to employ a Swansea Safeguarding Children Board (SSCB) Business Development Coordinator. This post is presently out at advertisement.
Cooperation between Adult and Child and Family Services over notification is clear and explicit. I meet regularly with the Head of Adult Services, and am aware that she considers this to be a key issue.
As you know, I share your analysis concerning the warnings contained within the latest Intervention Board (IB) letter. Indeed, we have both warned Council of the threat to the continuing of CFS under CCS control of failing to act with sufficient urgency and focus to alleviate the concerns of the CSSIW upon re-inspection in January 2010.
-3- COUNCILLOR/Y CYNGHORYDD NICK TREGONING CABINET MEMBER / AELOD CABINET
CABINET OFFICE, CIVIC CENTRE, OYSTERMOUTH ROAD, SWANSEA SA1 3SN SWYDDFA’R CABINET, CANOLFAN DDINESIG, HEOL YSTUMLLWYNARTH, ABERTAWE SA1 3SN
(01792) 637441 (01792) 636196 [email protected] www.swansea.gov.uk
188
C ITY A ND C OUNTY O F S WANSEA ——————————————————————————————————————————————— D INAS A S IR A BERTAWE
The IB is here to be candid and challenging in its approach; which is something that is to be welcomed as it enables us to retain our own concentration upon the objectives that we have identified as crucial. I remain of the view that if we continue to act to increase the pace of development, address recruitment and retention issues properly, ensure that we stay focussed at both corporate and political levels, and operate on a cross-party level with all 72 members treating this matter as a personal responsibility, then that threat can be avoided.
Yours sincerely,
COUNCILLOR NICK TREGONING CABINET MEMBER FOR SOCIAL SERVICES
Copy to: Councillor Paxton Hood-Williams – Vice Chair C&F Services O&S Board Councillor Chris Holley – Leader Councillor Mike Day – Cabinet Member for Education Councillor Mary Jones – Cabinet Member for Business Improvement & Efficiency Paul Smith – Chief Executive Chris Maggs – Director of Social Services Steve Walker – Head of Child & Family Services Brij Madahar – Overview & Scrutiny Co-ordinator
-4-
COUNCILLOR/Y CYNGHORYDD NICK TREGONING CABINET MEMBER / AELOD CABINET
CABINET OFFICE, CIVIC CENTRE, OYSTERMOUTH ROAD, SWANSEA SA1 3SN SWYDDFA’R CABINET, CANOLFAN DDINESIG, HEOL YSTUMLLWYNARTH, ABERTAWE SA1 3SN
(01792) 637441 (01792) 636196 [email protected] www.swansea.gov.uk
189 Item No. 11 (1)
Joint Report of the Presiding Officer and Monitoring Officer
Council – 22nd October 2009
AMENDMENT TO THE CONSTITUTION - PROCEDURE REGARDING NOTICES OF MOTION – COUNCIL PROCEDURE RULE 11
Summary
Purpose: To amend Council Procedure Rule 11- Notices of Motion
Policy Framework: None.
Reason for Decision: To implement the recommendations of the Constitution Working Group Consultation: Constitution Working Group; Legal and Finance
Recommendation(s): It is recommended that:
1) Council Procedure Rule 11 be amended as set out in paragraph 3 of this report; 2) This change to the Constitution will take effect immediately following the close of the Council meeting.
1. Introduction
1.1 The Constitution Working Group has considered a request to revise the procedure for dealing with Notices of Motion under Council Procedure Rule (CPR) 11.
2. Notices of Motion – Council Procedure Rule 11
2.1 The existing procedure is set out in Appendix 1: - (see attached)
3. Proposed amendment
3.1 Following consideration of this matter, the following amendment the Constitution has been recommended by the Constitution Working Group:
190
CPR 11 to be amended to read:
11.1 Every notice of motion shall be given in writing signed by the Member or Members giving the notice to the Proper Officer at least 10 clear working days before the date of the meeting of Council, and upon receipt the Proper Officer shall date the motion, number it to show the order in which it was received and enter it in a register which shall be open to inspection by an Member.
11.2 Every Notice of Motion will set out:
(1) whether the Notice of Motion is asking Council to simply debate / consider a matter, or (2) whether the matter should be debated / considered and then referred to another body of council, or (3) whether Council should make a decision upon a matter.
11.3 If the Presiding Officer is satisfied that the Notice of Motion covers a matter that is lawful, and relates to or affects the City and County of Swansea, then he / she will decide how it is to be dealt with. Any Notice of Motion which fall under paragraph 11.2 (1) or 11.2 (2) above will be included in the Agenda for the next Council.
11.4 If the Notice of Motion falls under paragraph 11.2 (3) above and is a matter that can be decided by Council then it will referred to the appropriate departments for a report to be drafted setting out the practical, legal, financial and other implications of the Notice of Motion. Once the report has gone through the appropriate report clearance process it will be brought before the next available Council.
11.5 If the Presiding Officer determines that the notice does not come within the terms of this procedure rule, he/she may reject the motion.
11.6 The Presiding Officer’s decision on how a Notice of Motion is to be dealt with will be conveyed to the members who have signed the Notice. The Presiding Officer will have an absolute discretion in deciding how to deal with all Notices of Motion.
11.7 Once a Notice of Motion is before Council then it will be for the Council to decide how it will be dealt with.
11.8 If a Notice of Motion is referred to another body then a timescale for consideration of the Notice will be set by the Presiding Officer or by Council if the Notice of Motion falls under paragraph 11.6 above. The timescale should recognise that the other body may only be able to
191 report back on how it intends to deal with the matter, rather than give an immediate response or finding, within the set timescale.
A flowchart setting out the operations of the above Procedure is set out in Appendix 2. (See attached)
4. Financial Implications
There are no financial implications.
Recommendation:
It is recommended that
(1) Council Procedure Rule 11 be amended as set out in paragraph 3 of this report;
(2) This change to the Constitution will take effect immediately following the close of the Council meeting.
Contact Officer: David Daycock Head of Legal and Democratic Services 01792 636699
192 Appendix 1
Rule 11 of the Council Procedure Rules states:
“11.1 Every notice of motion (except as provided in Procedure Rule 11.6) for inclusion with the Summons to the Council shall be given in writing signed by the Member or Members giving the notice to the Proper Officer at least 8 clear working days before the date of the meeting of Council at which the question is to be considered, and upon receipt the Proper Officer shall date the motion, number it to show the order in which it was received and enter it in a register which shall be open to inspection by a Member.
11.2 The Proper Officer shall insert in the summons for every meeting of the Council all notices of motion duly given in the order in which they were received unless the Member giving such notice has when giving it, intimated in writing that s/he proposes to move it at a specific later meeting or, subsequently, given written notice that s/he withdraws it.
11.3 A notice of motion published in the summons shall require a seconder and shall specify the name(s) of the Member(s) giving it and if there be more than one, then any one of them may move it but a Motion not so moved shall be treated as withdrawn.
11.4 The mover of such a motion shall not, without the consent of the Presiding Officer speak to the motion other than formally to move it unless the Presiding Officer allows it to be dealt with then.
11.5 On the moving of a motion, the Presiding Officer shall have absolute discretion to direct that it be referred without debate to any other Body of the Council.
11.6 Every notice of motion shall be relevant to some matter over which the Council has power or which affects the City and County of Swansea and if, in the opinion of the Presiding Officer, a notice of motion does not come within the terms of this Procedure Rule s/he may reject the motion.”
193 Appendix 2
Flow Chart regarding the proposed procedure for Notices of Motion for Constitution Working Group
Notice of Motion Notice must be sent to the Presiding Officer (PO) at least 10 working days at least before the meeting
Presiding Officer registers and dates receipt of notice, then decides:-
NO – Motion is rejected Is it lawful? And does it relate to or affect CCS 194 YES
1. Put on next Council agenda. Council to debate / consider 2. Put on next Council agenda. 3. Council to make decision. Council to debate / consider and Does not go to next Council refer on to another body of Council
Goes through report Goes to Council for Goes to Council for debate / clearance process debate / consideration consideration and referral on as appropriate
Bring to earliest possible Council to decide
NOTE: most decisions can only be made by Cabinet / Officers, only non-executive matters can be dealt with by Council Item No. 11 (2)
Joint Report of the Presiding Officer and Monitoring Officer
Council – 22nd October 2009
AMENDMENT TO THE CONSTITUTION -COUNCILLORS QUESTIONS – COUNCIL PROCEDURE RULE 15
Summary
Purpose: To amend Council Procedure Rule 15 Councillor Questions Policy Framework: None.
Reason for Decision: To implement recommendations of the Constitution Working Group Consultation: Constitution Working Group; Legal and Finance
Recommendation(s): It is recommended that:
1. Council Procedure Rule 15.2 be amended as set out in paragraph 3 of this report. 2. This change to the Constitution will take effect immediately following the close of the Council meeting.
1. Introduction
1.1 The Constitution Working Group was requested to consider amending the procedure regarding Councillor Questions under Council Procedure Rule (CPR) 15.
1.2 The issue considered related to CPR 15.2 regarding attendance at the drawing of lots for the order of questions and the Presiding Officers discretion to retain the original order of the questions if they originated from the same source or Political Group.
2. Councillors Questions – Council Procedure Rule (CPR) 15
2.1 The existing “Councillors Questions”, Council Procedure Rule 15 is set out in Appendix 1.
195
3. Proposed amendment
3.1 Following this consideration of this matter the following amendments to the Constitution has been recommended by the Constitution Working Group.
CPR 15.2 to be amended to read
“15.2 Following the close of receipt of Councillors Questions, the Presiding Officer shall meet with the Proper Officer or his / her representative and draw lots for the order in which Supplementary Questions (Part A Questions) will be considered at Council. The Political Group Leaders / individuals who have submitted these questions or their representatives, shall have an open invite to this drawing of lots and shall be allowed to prioritise their questions according to the result of the draw.
NOTE:
1) The original order of the questions shall be retained if they all originate from the same source or Political Group;
2) A set date and time shall be established for the meeting to draw lots. However, the Presiding Officer shall have the discretion to alter this provided 2 clear working days notice is given of the new date and time;
3) Where more than one Political Group (and / or individuals) submit Part A Questions, a draw shall take place. The draw will determine the order in which questions will be considered, with the first political group or individual drawn determining which question they wish to be considered first, and so on. This would normally reflect the order in which the questions are numbered when submitted.
4. Financial Implications There are no financial implications.
Recommendation
It is recommended that:
1) Council Procedure Rule 15.2 be amended as set out in paragraph 3 of the report.
2) This change to the Constitution will take effect immediately at the close of the Council meeting.
Contact Officer: David Daycock Head of Legal and Democratic Services 01792 636699
196 Appendix 1
15. Councillors Questions
15.1 A Councillor who wishes to ask a question must give notice of the text thereof in writing to the Proper Officer by 5.00pm at least 13 clear working days before the date of the meeting of the Council at which the question is to be considered.
15.2 Following the close of receipt of Councillors Questions, the Presiding Officer will meet with the Proper Officer or her representative and draw lots for the order in which questions will be considered at Council.
NOTE: The Presiding Officer shall have the discretion to retain the original order of the questions if they all originated from the same source or Political Group.
15.3 Subject to Council Procedure Rules 15.1 and 15.2 above the questioner may ask the Leader or any Cabinet Member within their portfolio or the Chairman of any Body one or more questions on matters within the purview of that Body
15.4 Questions submitted by Councillors and the written response to those Questions will appear with the relevant Council Summons.
15.5 Councillor Question Time will be dealt with in 2 parts, the first (Part A Questions) dealing with those questions on which Supplementary Questions may be asked and the second dealing with those Questions where Supplementary Questions shall not be asked (Part B Questions). These questions will henceforth be referred to as Part A and Part B Questions.
NOTES:
1) When submitting Questions, Councillors shall be required to make it clear whether their questions will be the subject of Supplementary Questions or not. If no such indication is given (or subsequently obtained 12.00 noon, 2 clear working days prior to the Council Summons being published) then they will be considered as Part B Questions; 2) All questions will be answered; 3) The Executive (Cabinet) / Presiding Officer and Deputy Presiding Officer shall not be allowed to ask questions/ Supplementary Questions.
15.6 Supplementary Questions (Part A Questions)
15.6.1 The first Supplementary Question on each question will be invited from one of those Councillors listed as asking that question. A maximum of 1 minute will be allowed for such Supplementary Questions;
15.6.2 Answers to Supplementary Questions shall take no more than 3 minutes per question. The Presiding Officer shall have the discretion to extend the time.
197 15.6.3 Thereafter with the consent of the Presiding Officer that Councillor or any other may ask further supplementary questions on the same matter. A maximum of 1 minute will be allowed for such supplementary questions. There shall be no general debate on any answer given.
15.6.4 Supplementary Questions shall be put and answered without discussion, but the person to whom a question has been put may decline to answer in public session. They may also and in addition provide a written answer. Such written answers will be made available to all Councillors.
15.6.5 Supplementary Questions will be considered within a 30 minute period. The Presiding Officer shall have the discretion to extend this time period.
15.7 Questions Not Requiring Supplementary Questions (Part B Questions)
15.7.1 No Supplementary Questions shall be allowed to questions asked under Part B Questions.
15.8 Answers to Questions
15.8.1 An answer may take the form of:
a) A direct oral answer, when the information is available at the meeting; b) A reference to a publication of the Council when the answer is contained in that publication; c) When the reply to the question cannot conveniently be given forthwith, a written answer sent to the Councillor asking the question. Such written answers will be made available to all Councillors.
15.9 Notwithstanding the above, questions may only be asked under this Procedure Rule in respect of those matters that are not already provided for discussion within the documentation before that meeting of the Council.
15.10 The provisions of Council Procedure Rule 15 shall not apply to the First Annual Meeting Council of Council, the Annual Meeting of Council or to Extraordinary Meetings of Council.
198 Item No. 12 (1)
Report of the Presiding Officer
Council – 22nd October 2009
OVERVIEW & SCRUTINY ANNUAL REPORT
Summary
This report presents the annual report of the work of the Council’s overview & scrutiny boards for the municipal year 2008/09 as required by the constitution.
FOR INFORMATION
1. INTRODUCTION
1.1 Attached is the Annual Report of Overview & Scrutiny for Council to consider. It provides both a review of 2008/09 and a look forward to 2009/10.
1.2 The document seeks to provide a summary of the work of all of the Overview & Scrutiny Boards. The content has been developed primarily from the annual review reports which were considered by each board at their last meeting of 2008/09. A detailed breakdown of the work of individual boards can be found in these reports. In addition Council have received an update of the Overview & Scrutiny strategic Work Programme at each meeting during the municipal year.
2. THEME
2.1 The theme of this year’s report is ‘Something Worth Knowing’. This is to reflect the way in which overview and scrutiny reviews have helped to set the agenda in key policy and service areas such as child services and respite care.
The report highlights the following key things that the boards learnt::
‘Team Around the Child’ is a model that should be embraced and implemented throughout Swansea (Integrated Service Provision) Choice is a vital ingredient for our respite care services in future – a one size fits all approach won’t work anymore (Respite Care) The money spent on door to door rent collection would be better spent on helping people who fall behind with their payments (Door to Door Rent Collection) A small charge for social services transport will not adversely affect take up of services although bigger increases may cause people problems (Social Service Transport) Better information for older people will mean a much better take up of social care services (Effective Partnership Working)
199
2.2 In addition the annual report lists all of the reports that have been considered at board meetings and are publically available online. These reports provide an up to date detailed picture of many of the Council’s service and policy areas and are an important resource for councillors, officers and the public.
3. RAISING AWARENESS
3.1 As noted in the report, awareness levels amongst council officers about the work of overview & scrutiny appear to be low. Public levels of awareness will also be low. The annual report is potentially an important tool for raising awareness and this has been an central consideration so that it:
• Is intended to be short and readable • Includes a quick guide to overview & scrutiny • Emphasises the practical outcomes that have been achieved • Highlights the wide range information available through reports presented to the boards and in depth review reports • Will be promoted and publicised to officers and the public
Background papers:
Overview & Scrutiny Board Annual Review Reports – April / May 2009 Scrutiny Strategic Work Programme Reports to Council June 2008 – April 2009
Contact Officer: Dave Mckenna, Overview & Scrutiny Manager 01792 636090 01.10.09
Legal Officer: Patrick Arran
200
Something Worth Knowing
Overview & Scrutiny Annual Report City and County of Swansea 2008/09
201
Foreword by the Chair of the Overview & Scrutiny Coordinating Group
It gives me great pleasure to introduce this annual report. It has been produced by the Overview and Scrutiny Unit and gives an excellent summary of the work done by the Council’s Overview and Scrutiny boards between May 2008 and April 2009. Whilst, of course, being aware of the vital role that overview and scrutiny plays for the Council, I am new to the detail of the work that is being done so this report has been very useful for me. Formally, the purpose of this document is to provide an annual report to the full meeting of the Council but it really has a much wider purpose than that. It presents, to Councillors, Council staff and also to the public, a picture of the work that has been carried out and raises awareness of the impact of overview and scrutiny.
The theme of this report is ‘Something worth Knowing’. The reason for this is twofold. Firstly this year we really wanted to show how the work that the Boards are doing, by gathering evidence and coming up with clear conclusions, is helping to set the agenda in key policy and service areas such as children’s’ services and respite care. Secondly, we wanted to let people know about the number and range of reports that have been considered by the Boards which are all available online for people to see. I hope that those who are unfamiliar with this work will take a look at these reports and I am sure they will find something of interest in them. More generally I would like to encourage everyone to read this report as there is something of value in it for all of us. It has been kept deliberately short in order to make it more readable and digestible.
I would like to take this opportunity of thanking all of the Councillors who have contributed so much during the year on the different boards and, in particular, the chairs and the vice chairs who have driven the work forward and given such a high level of commitment. I would like to express my gratitude to my predecessor as Presiding Officer, Councillor Nick Tregoning, who did such an admirable job in chairing the Overview and Scrutiny Coordinating Group throughout the year. I also want to thank all of the Council staff who have so readily given their time and helped the boards in their work, the people that have contributed from organisations external to the Council and all the members of the public who have taken part in various surveys, focus groups and meetings. In fact over 1,700 members of the public participated in this way and I am very pleased to be able to recognise their contribution.
Importantly this report looks forward as well as back and sets out the expectations we have and the challenges we are likely to face. I want to end, therefore, by expressing both my commitment to supporting overview and scrutiny over the coming year and my confidence that the hard work and commitment shown throughout 2008/09 will continue and increase throughout 2009/10. Councillor Wendy Fitzgerald
202 Contents
A Quick Guide to Overview & Scrutiny Review of 2008/09 Looking Forward t0 2009/10 Chairs and Vice Chairs 2008/9 Overview & Scrutiny Unit 2008/9 Summary of Completed Reviews Reports Index
203 A Quick Guide to Overview & Scrutiny
What is Overview & Scrutiny?
Overview and Scrutiny is an essential ingredient of local democracy.
The City & County of Swansea has 9 Overview & Scrutiny Boards which are made up of Councillors from all parties who do not hold Cabinet posts. These Boards work in a similar way to the select committees in parliament. Their aim is to provide an effective challenge to the Cabinet and to involve back bench councillors in the development of policies, strategies and plans.
Overview & Scrutiny makes a difference by ensuring that local decision making is better, that local services are improved and that local democracy is strengthened. The work of the Boards includes talking to the public, gathering evidence from relevant organisations and conducting research. For in depth pieces of work the boards will produce reports and make recommendations.
Eight of the Overview & Scrutiny Boards specialise as either overview or scrutiny boards. Whilst the role of the four overview boards is to contribute to policy and strategy development, the role of the four scrutiny boards is to hold the Council's executive to account and to monitor and review the performance of public services and policies.
The Boards in Swansea are:
• Finance, Audit and Business Improvement Overview • Finance, Audit and Business Improvement Scrutiny • Child and Family Services Overview and Scrutiny • Children and Young People Overview • Children and Young People Scrutiny • Environment, Regeneration and Culture Overview • Environment, Regeneration and Culture Scrutiny • Health, Social Care and Well-being Overview • Health, Social Care and Well-being Scrutiny
Each of the Overview and Scrutiny Boards includes 11 Councillors and has a chair and a vice chair. Meetings usually take place every six weeks and the Boards also do some of their work in Task and Finish Groups and by undertaking visits to examine services.
The work of the Boards is supported by an Overview & Scrutiny Coordinating Group which includes all of the Chairs and Vice Chairs. The main purpose of this group is to pull together all of the work plans of the different boards into a single work programme that can be reported to Council meetings. This group also looks at how the work of overview & scrutiny boards themselves can be improved.
204 Councillor Forums are also held to give all Councillors detailed information about key issues affecting Swansea. These are informal opportunities for councillors to debate topics outside of the formal board meetings.
Overview and Scrutiny is supported by:
The Overview & Scrutiny Unit which supports the work of the boards by; managing the work plans; facilitating task and finish groups and events; and supporting research. Dedicated officers support each board and work closely with the chair and vice chair
Legal & Democratic Services who provide advice and support for board meetings by coordinating agendas and minutes as well as giving legal advice.
Council Departments who provide advice and information by attending meetings and providing reports. Directors and heads of service will be involved in reviews as sponsors and advisors.
Details of the work of the Boards, including their reports, can be found at www.swansea.gov.uk/scrutiny
Making a Difference Through In Depth Reviews
Overview & Scrutiny Reviews make a difference by focusing on the issues that matter and recommending changes through careful consideration of different sources of evidence. Once recommendations have been accepted by decision makers, such as the Council’s Cabinet, action plans will be presented to the boards who will follow up and check that changes have been put in place.
Policies & Services
Monitoring Identifying Implementation the Topic
Making a Difference Through Overview & Scrutiny Reviews
Making the Designing Recommendations the Review
Gathering the Evidence
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Getting Involved in Overview & Scrutiny
There are many ways in which you can get involved in Scrutiny. This can be done by:
1. Attending a meeting – All Boards are open to the public. Many of the Overview and Scrutiny Board meetings take place in the committee rooms in the Civic Centre. 2. Consultation – During the evidence gathering stage of a Scrutiny review a range of stakeholders will be consulted with in order to gain evidence. Details of such consultation will appear on the web pages or in a variety of other formats such as in the local newspaper. 3. Tell us your views – If you have an idea for a Scrutiny review or if you would like to contribute to a current review then please contact the Scrutiny Support Team on the contact details below.
Contact the Team
For further information or if you have any queries then please contact the Overview & Scrutiny Unit on the contact details below:
Email: [email protected] Address: Overview & Scrutiny Unit City and County of Swansea Civic Centre Oystermouth Road Swansea SA1 3SN
www.swansea.gov.uk/scrutiny
206 Review of 2008/09
The year in Numbers
Between May 2008, when the Council year started, and April 2009:
76 board meetings were held The average attendance by Councillors for all boards was 70% The average attendance at Overview Boards was 65% The average attendance by Councillors at Scrutiny Boards was 74% 28 task and finish group meetings were held 5 major review reports were produced and published Evidence was gathered for 4 reviews which were carried forward to this year 11 Councillor Forums were held
Producing In Depth Reviews
In depth reviews are the mainstay of the overview and scrutiny work programmes and allow the boards to propose improvements to key areas of the Council’s business and make a real difference for communities. The 5 in depth reviews completed in this year were:
• Effective Partnership Working • Social Services Transport • Door to Door Rent Collection Service • Short Break Respite Services for Older People • Integrated Service Provision for Children and Young People
Summaries of these reviews can be found at the back of this report.
There were also 4 reviews which were started in 08/09 but are still ongoing:
• Child Poverty and Educational Attainment • Cycling Strategy • Communities First • Medium Term Financial Planning
Details of the different reports that have been produced for these reviews during 2008/09 can be found at the back of this report.
Providing an Effective Challenge
In addition to conducting reviews the boards have an important role in holding Cabinet Members to account and acting as a ‘critical friend’ for the organisation. This work includes:
207 • Performance Monitoring – Checking performance indicators and the implementation of action plans • Regulatory Reports - Working with the council’s auditors and external inspection bodies • Policy and Service Briefings – Considering assessments of different aspects of Council business
Sometime these reports will lead to further pieces of work if the board has any concerns.
Notable challenge work undertaken in 2008/09 included:
Monitoring the Implementation of the Swansea Metro Project Review and challenge of the Youth Offender Team Action Plan Pre decision budget consultation Strategic Waste Procurement Project Hearing into the Impact of Changes to Minor Injuries Casualty Unit at Singleton Hospital Monitoring of the Penyrheol School Procurement Project
In total over 100 reports were considered by Overview & Scrutiny boards in 2008/09 covering just about every aspect of the Council’s business. All of the reports can be found online as part of the agenda packs for the different board meetings and a full list can be found later in this annual report. The types of reports considered included:
• 38 reports produced as part of in depth reviews • 16 reports following up from previous reviews • 21 performance monitoring reports • 17 regulatory reports • 15 reports on topics referred to the boards from Council • 65 service & policy briefings • 3 community strategy reports
New Developments in 2008/09
During the year two new areas of work presented new challenges for overview and scrutiny:
• Child & Family Services Overview & Scrutiny Board: In April 2008 this new board was set up in order to strengthen overview and scrutiny arrangements in this service area following the establishment of an intervention board. This new board will focus on improving services for vulnerable children and their families. It will bring in new ways of working that may be adopted by other boards in future.
• Pre Decision Scrutiny: New arrangements for pre decision scrutiny were also introduced towards the end of the year and agreed by Council. This means that scrutiny boards can ask to look at Cabinet
208 reports before they are considered by Cabinet and have their views taken into account when the final decisions are made.
What Was Learnt in 2008/09?
The Overview & Scrutiny Boards spend much of their time gathering evidence for reviews. As well as inviting many ‘witnesses’ to board meetings and task and finish groups this work has included 3 major surveys and 4 focus groups. In total 1729 members of the public were involved in surveys, focus groups and consultation events.
Some of the key things that the boards learnt in this year included that:
‘Team Around the Child’ is a model that should be embraced and implemented throughout Swansea (Integrated Service Provision) Choice is a vital ingredient for our respite care services in future – a one size fits all approach won’t work anymore (Respite Services for Older People) The money spent on door to door rent collection would be better spent on helping people who fall behind with their payments (Door to Door Rent Collection) A small charge for social services transport will not adversely affect take up of services although bigger increases may cause people problems (Social Service Transport) Better information for older people will mean a much better take up of social care services (Effective Partnership Working)
What Difference Was Made?
During the year seven reports were presented to Cabinet:
Reviews completed 07/08 • Use of Consultants • Working with the Community to Reduce Crime • E-Government Programme • School Attendance • Population Estimates & The Census
Reviews completed 08/09 • Social Services Transport • Door to Door Rent Collections Service
These reports included 64 recommendations of which 81% were accepted, 16% were partly accepted and on 3% were rejected. These figures were similar to the year before. Examples of what Cabinet agreed to as a result of these reports include:
• Work with the police to increase public awareness of how crime can be reduced through PACT (Partners & Communities Together) Meetings (Working with the Community to Reduce Crime)
209 • Secure and consider expanding the Education Welfare Service (School Attendance) • Re-deploy the activities of the door to door rent collections service to rent arrears prevention for council tenants (Door to Door Rent Collections Service) • Help keep social services vehicles on the road for longer by carrying out maintenance checks on the spot rather than in the depot (Social Services Transport) • Use senior managers to filter all proposals for external consultants and where possible to use the skills from within the authority (Use of Consultants) • Develop the Council’s own independent City and County wide local population count (Population Estimates & The Census) • Ensure the involvement of Councillors in decision-making arrangements for Programmes and Projects (E-Government Programme)
During the year the following action plans were presented to boards showing how the recommendations agreed by Cabinet would be implemented:
• Council’s eGovernment Programme • Council’s Use of Consultants • Population Estimates and the Census • School Attendance • Working with the Community to Reduce Crime
In addition these follow up reports were presented to the boards so that progress in delivering the actions plans could be monitored:
• Councils Relationship with Statutory Undertakers • Energy Management • Population Estimates and the Census • School Attendance • School Occupancy Levels and Innovative Solutions
Details of how to find these follow reports can be found in the reports index at the back of this report.
210 Councillor and Officer Survey
This year, for the first time, Councillors and Council officers were asked whether they felt that overview and scrutiny had made a positive impact on the business of the Council. The results were:
Do you agree that Overview and Scrutiny has had a positive impact on the business of the Council?
Councillors (51) Council Officers (120) Strongly agree 33.3% 3.3% Agree 49.0% 60.0% Disagree 13.7% 31.7% Strongly disagree 3.9% 5.0%
Overall 82% of Councillors and 63% of Council Officers agreed that Overview and Scrutiny had made a positive impact
However, only 47% of Council officers agreed that they had a good understanding of the work of overview and scrutiny.
211 Looking Forward to 2009/10
Continuing to Make a Difference
In 2009/10 overview and scrutiny is expected to:
• Complete 8 in depth reviews • Present 8 Reports to Cabinet • Receive 8 Action plans showing how the accepted recommendations from reviews will be implemented • Receive 8 follow up reports showing how review actions plans have been implemented • Hold 82 board meetings • Hold 48 task and finish group meetings • Hold 15 Councillor Forum meetings • Undertake 8 consultation processes as part of reviews • Go on 16 site visits • Conduct 16 pieces of research
Overview & Scrutiny Improvement Programme
In order to build on achievements to date an improvement programme was held between March and July 2009. The aims of the programme were to:
• Review and evaluate the operation of overview and scrutiny • Generate ideas for improving overview & scrutiny • Provide improvement opportunities for overview & scrutiny councillors
Five sessions were held as part of the programme and these focused on:
• The roles of overview and scrutiny and the barriers faced • Effectiveness of meetings • External scrutiny • Public engagement • The critical friend role
The programme concluded with a self assessment exercise and was followed up by a special meeting of the Overview and Scrutiny Coordinating Group which debated the key outcomes.
Over 50% of Councillors took part in the programme which was supported and facilitated by the Overview and Scrutiny Unit and had additional input from:
• Cardiff Business School • City & County of Cardiff Council • Organisational Development Team, City & County of Swansea • University of the West of England • Welsh Local Government Association
212
From the programme five improvement themes have been identified and these will form the basis of a detailed corporate action plan which is due to be reported to Council in the autumn. The themes are:
• Develop New Methods of Public Engagement: Innovative use of engagement and participatory methods, review topics that are relevant to the public • Improve Relationships with Partners: Understanding overview & scrutiny partners, who they are, mapping the key partners and building relationships • Improve Communication: Better communication about overview & scrutiny – internal and external, celebrating success, importance of feedback, greater use of communication resources available, targeted communications • Improve the Critical Friend Challenge: Better work planning and meeting preparation, greater use of expert/external witnesses, Chair’s letters, focus on less topics, alignment of councillor’s interests with the subject matter of the boards, greater control over work plans, less items to note • Develop Cross-Border Scrutiny: Better understanding of regional issues and joint working methods
New Challenges
A number of new national initiatives will mean new challenges for overview and scrutiny. These include:
• Social Services Annual Report – A new reporting method for social services is intended to make it easier to understand how well services are doing. Overview and scrutiny will have a new role in this process • Crime & Disorder – New legislation means that local councils will be expected to scrutinise local crime and disorder partnerships. This will mean working with the Police Authority and other bodies in new ways. • Community Strategy / Local Delivery Agreement – This year a new community strategy, including an action plan, will be agreed. Linked to this a Local Delivery Agreement will set out what will be achieved by the projects linked to the Local Service Board. Both action plans will need scrutiny arrangements to be developed and put in place. • Child & Family Services – The work of this new Overview & Scrutiny Board will continue to develop with new approaches being tested. Good practice from this board could be applied to the work of the other boards. • Pre Decision Scrutiny – The arrangements agreed in 2008/09 will be put into practice this year as this new system is tested and refined.
213
Board Membership 2008/9
CHILDREN & YOUNG PEOPLE OVERVIEW BOARD
W Evans H M Morris N A Holley J Newbury (Chairman) D H Hopkins I Richard S M Jones M Smith Mervyn R Jones J Woodman(Vice-Chairman) E T Kirchner Co-opted Members: S. Jones-Young K. Boyce Robin Lowe
CHILDREN & YOUNG PEOPLE SCRUTINY BOARD
P M Black K E Marsh V A Bates – Hughes (Vice-Chairman) P Meara A Colburn J T Miles (Chairman) J Evans C L Philpott M E Gibbs C Thomas D H James Co-opted Members: S. Jones-Young K. Boyce Robin Lowe
ENVIRONMENT, REGENERATION & CULTURE OVERVIEW BOARD
A Colburn D Price B J Hynes R L Smith D I E Jones R Speht (Chairman) J B Kelleher R J Stanton P Matthews D P Tucker C L Philpott ( Vice Chairman)
ENVIRONMENT, REGENERATION & CULTURE SCRUTINY BOARD
J E Burtonshaw (Chairman) A Lloyd C R Doyle K E Marsh P Hood-Williams R C Stewart D T Howells S M Waller Thomas J W Jones(Vice-Chairman) J Thomas R D Lewis
214
FINANCE, AUDIT & BUSINESS IMPROVEMENT OVERVIEW BOARD
V Abbott J B Kelleher (Vice-Chairman) N S Bradley G Phillips A C S Colburn D Price (Chairman) R Francis-Davies G Seabourne N Holley R Speht J W Jones
FINANCE, AUDIT & BUSINESS IMPROVEMENT SCRUTINY BOARD
M J Hedges P M Meara (Vice-Chairman) D T Howells C Philpott P Hood-Williams D Phillips DIE Jones D W W Thomas (Chairman) M R Jones J M Thomas R D Lewis
HEALTH, SOCIAL CARE & WELL BEING OVERVIEW BOARD
V A Bates-Hughes A Jopling J Evans (Chairman) R J Lloyd B J Hynes W K Morgan (Vice-Chairman) P Hood-Williams P B Smith D Howells S Waller Thomas W E A Jones
HEALTH, SOCIAL CARE & WELL BEING SCRUTINY BOARD
J E Burtonshaw S M Jones A R A Clement B G Owen W J F Davies R J Stanton (Vice-Chairman) N A Holley M Smith J W Jones C Thomas M R Jones M C Child (Chairman)
CHILD & FAMILY SERVICES OVERVIEW & SCRUTINY BOARD
M C Child (Chairman) C Philpott J Evans D Price P Hood-Williams (Vice Chairman) D Phillips S Jones C Richards J Miles J Thomas J Newbury
215 Overview & Scrutiny Unit 2008/9
Lee Wenham Head of Communications Overview & Scrutiny Dave Mckenna Overview & Scrutiny Manager Brij Madahar Overview & Scrutiny Coordinator Karen Shadrach Overview & Scrutiny Coordinator Delyth Davies Overview & Scrutiny Officer Michelle Roberts Overview & Scrutiny Officer Spencer Martin Overview & Scrutiny Officer Liz Jordan Chief Executive’s Project Officer (Co located) Jenna Tucker Overview & Scrutiny Research Officer
216
Summary of Completed Reviews
Five reviews were completed last year. The full reports and the current Work Programme for 2009/10 can be found on the Overview and Scrutiny website www.swansea.gov.uk/scrutiny. A summary of each review is given below:
Effective Partnership Working
The review focussed on the effectiveness of partnerships that provide preventative services for the over 50s. The cross cutting nature of partnerships allowed the Scrutiny Board to gather evidence from a wide range of organisations and individuals such as the National Public Health Service, Swansea Bay Race Equality Council, NHS Trust, the Local Health Board, Network 50+ group and a specially set up focus group of service users. Conclusions from the review dealt with issues around understanding the aims and objectives of the partnerships, accessing and sharing information and specifically issues in terms of short term funding for many of their projects. The Scrutiny Board made recommendations to improve understanding of the complexity of the partnerships and to consider further actions in terms of the short term funding issues. The Board agreed that key success factors in any partnership should include trust, shared goals, transparent and measurable outcomes, statements of how they will be achieved and a commitment to a flexible approach to help them achieve their goals.
Social Services Transport Review
The aim of this review was to assess value for money of the current Social Services Transport provision and to identify whether any changes or alterations to provision will be of benefit to the service. Evidence was gathered on the condition and maintenance of the fleet vehicles, number and variety of routes, charging levels for service users and changing demographics that potentially lead to increased demand for the service. The recommendations put forward to Cabinet included better use of Information Technology to improve planning and provide management data, sharing vehicles with other Departments, actions to reduce vehicle downtime and consider any efficiencies of scale that may be identified as part of the wider Transport Review.
Door to Door Rent Collection Service Review
The door-to-door collection service is in decline as many tenants use other methods for payment of rent. The aims and objectives of this review looked to establish whether the service provides value for money, examine other payment options and consideration of the social inclusion aspect currently provided by the service. The Scrutiny Board gathered evidence on costs of the service research of service provision in other local authorities and evidence from tenants. The Board recommended that Cabinet considers
217 ceasing the door-to-door rent collection service to all new tenants and provide a one month notice period to current tenants. In addition the Council provides help and support to enable them to switch to new payment method within three months. The current door-to-door activities will then be redeployed to focus on prevention of rent arrears.
Review of Short Break Respite Services for Older People
The Overview Board conducted this review with the aim of contributing to the development of policy in this area. Evidence included policy briefings, research on practice and provision in other local authorities, views from users in receipt of Direct Payments, consultation exercises with users and providers and looking at the costs of alternative models of service provision. Issues raised at the conclusion of the review included lack of engagement from Minority Ethnic Communities across Swansea, efficiency improvements, provision of information and service users and carers views on ‘person centred’ design and delivery of services. Eleven recommendations went forward to Cabinet aimed at improving the service to meet the needs of a greater number of service users and to make the best use of the budget available.
Policy Review of Integrated Service Provision for Children and Young People in Swansea
This review by the Overview Board was based on the Multi-agency Children and Young People Plan. The aims and objectives focussed on the development of integrated working across services and organisations by identifying policy proposals for engagement, assessment and support for children and young people. Schools and Youth Clubs were visited as part of the review and evidence gathered from a number of sources including Wrexham Council, Barnardos, the Local Health Board, police, Job Centre plus and representatives from the voluntary sector. There were good examples of integrated working and a more proactive approach between organisations. There were still some key challenges around communication, information sharing and budgets. Cabinet were asked to consider the recommendations aimed at improving and developing the provision to ensure that they do not lose sight of the end user – the child and their family.
218 Reports Index
All these reports can be found online at www.swansea.gov.uk/scrutiny
Review Reports (38) These are the reports that have been produced as part of ongoing in depth reviews. They include the scoping reports that set out how the review will happen, progress reports that provide updates on the evidence that has been gathered and drafts of the final reports.
Child Poverty and Educational Attainment - scoping CYP SCRUTINY 22/09/08 Child Poverty and Educational Attainment - progress CYP SCRUTINY 03/11/2008 Child Poverty and Educational Attainment - progress CYP SCRUTINY 15/12/2008 Child Poverty and Educational Attainment- progress CYP SCRUTINY 09/03/2009 Child Poverty and Education Attainment - Draft report CYP SCRUTINY 20/04/2009 Communities First –scoping ERC SCRUTINY 4/09/08 Communities First –progress ERC SCRUTINY 24/11/2008 Communities First –progress ERC SCRUTINY 16/02/2009 Communities First - progress ERC SCRUTINY 30/03/2009 Developing a Cycling Strategy - scoping ERC OVERVIEW 28/07/2008 Developing a Cycling Strategy - scoping ERC OVERVIEW 08/09/2008 Developing a Cycling Strategy - progress ERC OVERVIEW 20/10/2008 Door to Door Rent Collection - scoping HSC SCRUTINY 03/12/2008 Door to Door Rent Collection – progress HSC SCRUTINY 14/01/09 Door to Door Rent Collection – final report HSC SCRUTINY 25/02/09 Effectiveness of Partnerships – draft report HSC SCRUTINY 30/07/2008 Effectiveness of Partnerships - final report HSC SCRUTINY 10/09/2008 Integrated Service Provision - scoping CYP OVERVIEW 27/08/2008 Integrated Service Provision –scoping CYP OVERVIEW 24/09/2008 Integrated Service Provision – update CYP OVERVIEW 05/11/2008 Integrated Service Provision – update CYP OVERVIEW 17/12/2008 Integrated Service Provision – update CYP OVERVIEW 28/01/2009 Integrated Service Provision - update CYP OVERVIEW 11/03/2009 Integrated Service Provision – draft report CYP OVERVIEW 22/04/2009 Medium Term Financial Planning – scoping FABI OVERVIEW 08/09/2008 Medium Term Financial Planning –scoping FABI OVERVIEW 20/10/2008 Medium Term Financial Planning - update FABI OVERVIEW 01/12/2008 Medium Term Financial Planning – update FABI OVERVIEW 12/01/2009 Medium Term Financial Planning -update FABI OVERVIEW 06/04/2009 Respite Care - scoping HSC OVERVIEW 5/11/08 Respite Care - progress HSC OVERVIEW 17/12/2008 Respite Care - findings from consultation with direct HSC OVERVIEW 28/01/2009 payment users Respite Care - costs of alternative models of care HSC OVERVIEW 23/03/2009 Respite Care - findings report HSC OVERVIEW 23/03/2009 Respite Care – draft report HSC OVERVIEW 23/03/2009 Social Services Transport - scoping HSC SCRUTINY 30/07/2008
219 Social Services Transport - comparison with other HSC SCRUTINY 10/09/2008 Local Authorities Social Services Transport - findings and conclusions HSC SCRUTINY 10/09/2008
Previous Review Follow Up Reports (16) These reports allow the boards to check what progress has been made on recommendations from previous reviews that have been agreed by Cabinet.
Councils e-Government Programme - Action Plan FABI SCRUTINY 22/10/2008 Councils e-Government Programme - Implementation of FABI SCRUTINY 25/03/2009 Recommendations Councils e-Government Programme - Role of Section 151 FABI SCRUTINY 14/01/2009 and Monitoring Officers in Programme / Project Management Council's relationship with statutory undertakers ERC SCRUTINY 22/09/2008 Council's Use of Consultants - Action Plan FABI SCRUTINY 22/10/2008 Energy Management FABI SCRUTINY 08/04/2009 Houses in Multiple Occupation and Use Classes Order ERC OVERVIEW 12/01/2009 Population Estimates and the Census FABI OVERVIEW 23/02/2009 School Attendance CYP SCRUTINY 20/04/2009 School Attendance CYP SCRUTINY 25/01/2010 School Attendance - Action plan development CYP SCRUTINY 22/09/2008 School Occupancy Levels & Innovative Solutions CYP SCRUTINY 03/11/2008 School Occupancy Levels and Innovative Solutions CYP SCRUTINY 20/04/2009 Working with the Community to Reduce Crime ERC SCRUTINY 26/01/2009 Working with the Community to Reduce Crime ERC SCRUTINY 06/04/2009 Working with the Community to Reduce Crime – Action Plan ERC SCRUTINY 15/12/2008
Performance Monitoring (21) Monitoring reports allow the boards to see the latest information about how services are performing. They often include a range of statistics and an assessment by the relevant service director(s).
Adult Social Services - Performance Evaluation HSC SCRUTINY 25/02/2009 Annual Internal Audit Report and Plan FABI SCRUTINY 10/09/2008 Annual Report of the Housing Benefits Investigation Team FABI SCRUTINY 10/09/2008 Child and Family Performance Improvement Action Plan HSC SCRUTINY 12/11/2008 Child and Family Services Action Plan Progress Report HSC SCRUTINY 22/10/2008 Child and Family Service Action Plan Progress Report HSC SCRUTINY 14/01/2009 Children and Young People Action Plan Progress Report HSC SCRUTINY 30/07/2008 Collaborative Procurement of Penyrheol School FABI SCRUTINY 22/10/2008 End of Year Report CYP SCRUTINY 04/08/2008 Equalities & Diversity – Compliance FABI SCRUTINY 08/04/2009 NCH independent review of children’s accommodation HSC OVERVIEW 17/12/2008 services in Swansea NCH independent review of children's accommodations HSC OVERVIEW 13/08/2008 services in Swansea NCH independent review of children's accommodations HSC OVERVIEW 05/11/2008 services in Swansea
220 Quarter 1 2008/09 - Performance & Financial Monitoring FABI SCRUTINY 01/10/2008 Quarter 2 2008/09 - Performance & Financial Monitoring FABI SCRUTINY 14/01/2009 Quarter 3 2008/09 - Performance & Financial Monitoring FABI SCRUTINY 25/03/2009 Quarterly Performance Monitoring ERC SCRUTINY 11/08/2008 Quarterly Performance Monitoring - Environment, ERC SCRUTINY 15/12/2008 Regeneration & Housing Social Services Action Plan HSC SCRUTINY 03/12/2008 Waste Management ERC SCRUTINY 11/08/2008 Waste Management Procurement Contract - update report ERC SCRUTINY 15/12/2008
Regulatory Reports (17) These reports usually relate to external inspections of different service areas.
Adult Social Services Performance Evaluation HSC SCRUTINY 25/02/2009 Anti Poverty Review - Local Inspection HSC SCRUTINY 03/12/2008 Draft response to WAO - Audit of Fleet Management ERC SCRUTINY 20/04/2009 Education Services - Self Assessment CYP OVERVIEW 22/04/2009 Education Services - Self Assessment CYP SCRUTINY 20/04/2009 Interim Financial Audit (PwC Financial Statement) FABI SCRUTINY 10/09/2008 Interim Audit Report to Management - Significant FABI SCRUTINY 01/10/2008 Contracts Regulatory Calendar - Quarterly Update FABI SCRUTINY 03/12/2008 Regulatory Calendar - Quarterly Update FABI SCRUTINY 25/02/2009 Relationship Manager's Annual Letter FABI SCRUTINY 03/12/2008 Response re. Auditor's Concern re. Signing of Contracts FABI SCRUTINY 21/01/2009 Wales Audit Office Local Inspection Development Control ERC SCRUTINY 26/01/2009 and Enforcement Services Young Offenders Team (YOT) Inspection CYP SCRUTINY 22/09/2008 Youth Justice Plan CYP SCRUTINY 20/04/2009 Youth Justice Plan for Swansea CYP SCRUTINY 29/06/2009 Youth Offending Service - report CYP SCRUTINY 20/04/2009 Youth Offending Service Inspection Report & Action Plan CYP SCRUTINY 09/03/2009
Referral Reports (15) Council meetings will sometimes refer issues to overview and scrutiny boards to allow more detailed debate. These reports are presented to the boards to help them consider the issues.
HMOs and Use Classes Order - Motion ERC OVERVIEW 20/10/2008 Human Trafficking - Further information ERC OVERVIEW 08/09/2008 Not for Sale - Human Trafficking ERC OVERVIEW 28/07/2008 Notice of Motion - WAG Local Authority Grants FABI OVERVIEW 20/10/2008 Notice of Motion : E-Government - Payroll FABI SCRUTINY 30/07/2008 Payroll Systems Options Appraisal FABI SCRUTINY 22/10/2008 Post 16 - Pupil Transport - Motion CYP OVERVIEW 27/08/2008 Post 16 Research Other Local Authorities CYP OVERVIEW 27/11/2008 Post 16 Transport - further information CYP OVERVIEW 27/11/2008
221 Post 16 Transport - Motion from Council (2nd meeting) CYP OVERVIEW 05/11/2008 Post 16 Transport review Scope CYP OVERVIEW 27/11/2008 Post Office Closures - Motion ERC OVERVIEW 08/09/2008 Tackling Excess Packaging - Motion ERC OVERVIEW 01/12/2008 United Cities and Local Government campaign - STAND UP FABI OVERVIEW 06/04/2009 & TAKE ACTION WAG Local Authority Grants FABI OVERVIEW 08/09/2008
Service & Policy Briefings (65) The reports provide an overview of different aspects of the work of the Council. Each will normally explain why the service or policy is needed and how it is being delivered. An assessment of performance is also normally included.
14-19 Learning Pathways CYP OVERVIEW 17/12/2008 Adult Area Protection Committee Annual Report HSC SCRUTINY 22/10/2008 Asset Management FABI SCRUTINY 21/01/2009 Attainment of Children and Young People CYP SCRUTINY 04/08/2008 Changes to homecare HSC OVERVIEW 05/11/2008 Changes to intermediate care HSC OVERVIEW 05/11/2008 Child Poverty (particularly 0-8 years) CYP SCRUTINY 04/08/2008 Children and Young People - Social Services CYP SCRUTINY 03/11/2008 Children and Young People Partnership CYP OVERVIEW 05/11/2008 Children and Young People Plan and Strategy CYP OVERVIEW 05/11/2008 Communities First - overview report ERC SCRUTINY 04/09/2008 Continuing Development of Swansea's Local Service Board FABI OVERVIEW 23/02/2009 Corporate & Improvement Plan FABI OVERVIEW 08/09/2008 Corporate Parenting Forum for Looked After Children HSC SCRUTINY 25/02/2009 Developing a Cycling Strategy ERC OVERVIEW 28/07/2008 Development and Adoption of International Financial FABI SCRUTINY 25/02/2009 Reporting Development of Medium Term Financial Planning FABI OVERVIEW 08/09/2008 Door to Door Rent Collections HSC SCRUTINY 03/12/2008 Draft Budget 2009/10 FABI SCRUTINY 18/02/2009 Education Effectiveness CYP SCRUTINY 22/09/2008 Education Inclusion CYP SCRUTINY 26/01/2009 Feasibility of Regional Trams ERC OVERVIEW 16/02/2009 ICT Service provided by Capgemini FABI SCRUTINY 30/07/2008 Information Management & Security - Policy Development FABI OVERVIEW 01/12/2008 Integrated Service Delivery, especially for 8-13yrs, including CYP OVERVIEW 27/08/2008 out of school activities Leasehold Policy HSC SCRUTINY 14/01/2009 Leasehold Service HSC SCRUTINY 14/01/2009 Light Rail Transit - Feasibility ERC OVERVIEW 06/04/2009 Local Housing Strategy HSC SCRUTINY 14/01/2009 Metro Bus Infrastructure ERC SCRUTINY 09/03/2009 Older people's care homes HSC OVERVIEW 22/04/2009 Older People's NSF HSC SCRUTINY 03/12/2008
222 Options to Improve Member Engagement in Programmes & FABI OVERVIEW 01/12/2008 Projects Options to Improve Member Engagement in Programmes & FABI OVERVIEW 23/02/2009 Projects Paying for Care In Wales - creating a fairer & sustainable HSC OVERVIEW 28/01/2009 system, a consultation by WAG Performance Measurement & Management FABI SCRUTINY 21/01/2009 Performance Measurement & Management FABI SCRUTINY 30/07/2008 QED 2020 CYP SCRUTINY 22/09/2008 QED2020 CYP OVERVIEW 24/09/2008 Re-housing policy HSC OVERVIEW 22/04/2009 Report on Educational Attainment in Swansea 2008 CYP SCRUTINY 15/12/2008 Report on School Attendance (Performance) CYP SCRUTINY 15/12/2008 Report on School Exclusions (Performance) CYP SCRUTINY 15/12/2008 Reshaping mental health - mental health vision Swansea HSC OVERVIEW 23/03/2009 Respite services in Swansea HSC OVERVIEW 24/09/2008 Retirement Age Policy FABI OVERVIEW 06/04/2009 Section 33 agreements - health flexibilities for learning HSC OVERVIEW 28/01/2009 disabilities Single Children and Young People Plan CYP SCRUTINY 03/11/2008 Single Equality Scheme FABI OVERVIEW 12/01/2009 Social Inclusion Unit HSC SCRUTINY 03/12/2008 Social Services Action Plan Progress HSC SCRUTINY 08/04/2009 Social Services Transport HSC SCRUTINY 30/07/2008 Spatial Planning ERC OVERVIEW 20/10/2008 Statement of Accounts 2008/9 FABI SCRUTINY 25/02/2009 Swansea Metro Project - infrastructure ERC SCRUTINY 11/08/2008 Temporary Bus Stops and funding of Bus Station ERC SCRUTINY 09/03/2009 The Budget FABI SCRUTINY 14/01/2009 Traffic Calming ERC OVERVIEW 01/12/2008 Update on Progress YOS Action Plan CYP SCRUTINY 02/11/2009 Update on QED 2020 CYP OVERVIEW 11/03/2009 Update on Transport Project ERC OVERVIEW 12/01/2009 Update on Transport Project ERC SCRUTINY 26/01/2009 Update on Waste Project ERC OVERVIEW 12/01/2009 Update on Waste Project ERC SCRUTINY 26/01/2009 Youth Facilities ERC OVERVIEW 20/10/2008
Community Strategy (3) These reports summarise what has happened in workshops held to support the development of the community strategy.
Sustainable Development Workshop ERC OVERVIEW 01/12/2008 Sustainable Development Workshop ERC OVERVIEW 16/02/2009 Equalities Workshop FABI OVERVIEW 23/02/2009
223 Item No. 13 (1)
Report of the Head of Communications, Overview & Scrutiny
Council - 22nd October 2009
REVIEW OF YOUTH OFFENDING SERVICE (YOS) INSPECTION
Summary:
This report informs Council of the findings, conclusions and recommendations resulting from a recent Children and Young People Scrutiny Board Scrutiny Challenge Session on the Youth Offending Service Inspection and Action Plan, and the outcome following its submission to Cabinet for decision.
FOR INFORMATION
1. INTRODUCTION
1.1 Council is provided with reports produced by the Overview & Scrutiny Boards, for information.
1.2 This covering report provides Council with a copy of a Scrutiny Board report and informs Council of the Cabinet decision in respect of the recommendations made by the Scrutiny Board.
2. SCRUTINY BOARD REPORT
2.1 The Children and Young People Scrutiny Board has recently completed work on the Youth Offending Service Inspection and resulting action plan and produced a report of the findings, conclusions and recommendations resulting from this work.
2.2 The Board’s report was presented to Cabinet on 8th October 2009 for decision.
2.3 The report of the Children and Young People Scrutiny Board is attached as Appendix A.
3. CABINET DECISION
3.1 At the same time as a Scrutiny Board report is presented to Cabinet, the relevant Cabinet Member is required to present a response to the recommendations made by the Board.
3.2 Cabinet takes into consideration both the Board’s report and the Cabinet Member’s response before making a decision on the recommendations.
224 3.3 The Cabinet Member’s response which was agreed by Cabinet on 8th October 2009 is attached as Appendix B.
4. FOLLOW UP
4.1 The Board will be following up the Cabinet decision and progress with the implementation of the agreed recommendations by requesting an action plan from the Cabinet Member within 2 months of the Cabinet decision. This will be due in December 2009.
4.2 The Board will also schedule a review of progress and receive a report back after a period of 6 months from decision to measure the implementation and impact of its work. This will be due in April 2010.
FOR INFORMATION
Background Papers: Youth Offending Service Inspection Report
Contact Officer: Michelle Roberts, Overview and Scrutiny Officer 01792 637256 Legal Officer: Janet Hooper
Date: 13th October 2009
225 APPENDIX A Item No. 6 (1)
Report of the Children and Young People Scrutiny Board
Cabinet – 8th October 2009
REPORT FROM CHILDREN AND YOUNG PEOPLE SCRUTINY BOARD AFTER LOOKING AT YOUTH OFFENDING SERVICE (YOS) INSPECTION
Summary
Purpose: This report presents the findings, conclusions and recommendations resulting from the Board’s challenge session on the Youth Offending Service Inspection and resulting action plan.
Policy Framework: Council Constitution
Reason for Decision: To agree the recommendations contained in the report
Consultation: Legal Services and Financial Services
Recommendation(s): The Board recommends that:
1.1 The Youth Justice Plan is debated at full Council on a yearly basis.
1.2 Temporary cover for staff on maternity leave in Social Services is considered.
1.3 The Cabinet Member make representations to the Ministry of Justice and the Welsh Assembly Government (WAG) in relation to: a) fully and individually funding any new initiatives in this area (particularly those in relation to reparative/restorative justice) b) the development of prison facilities for young females in South Wales. c) the emphasis being changed to put a greater weight on the welfare of the young person in the advice given to local youth justice by the Ministry of Justice in accordance with the United Nations Convention on the Rights of the Child. 1.4 Systems be put in place (as a matter of urgency) to measure and improve the collaborative working between Social Services and YOS. 1.5 Cabinet report back to the Board on how the new draft WAG guidance on Youth Support Services (once it is available) will look to improve support services available to young people particularly how it will be used to improved services for those young people exiting or who have experience of, or are in danger of falling foul of, the criminal justice system.
226 1.6 That the Cabinet Member writes to the Welsh Assembly Government a) seeking WAG to extend/increase existing parental support funding to include programmes for parental support for teenage children. b) ask WAG to address the issue of short term and insecure funding resulting in many short term contracts (which currently stands at 50% of YOS budget) 1.7 The YOS investigate the potential provision of weekend/holiday and out of hours cover further.
1.8 The Cabinet Member for Housing look to agree a sympathetic approach with Housing Options for relocating young offenders on release from prison, paying particular attention to reports from YOS and suitable areas for consideration.
1. Introduction
1.1 This report presents the findings, conclusions and recommendations resulting from the Board’s challenge session on the Youth Offending Service Inspection and resulting action plan, which was completed by the Board in June 2009.
1.2. The Children and Young People Scrutiny Board received the Youth Offending Service Inspection Report at its Board meeting on 9th March 2009. The Board decided to set up a one off Task and Finish Group to look at the report and action plan in more detail. The Task and Finish Group met on the 16th April 2009. Details of the discussion are contained in the report. The CYP Scrutiny Board on the 29th June 2009 then agreed a number of recommendations that they felt should be made to Cabinet.
2. Evidence Gathered
2.1 Members of the Board received the report and resulting improvement plan prior to the meeting and the Task and Finish Group took the form of a question and answer session.
2.2 Summary of Information Received
Report from Joint Youth Offending Service Inspection of Swansea.
The YOS Inspection took place during September 2008. Over a two week period 64 cases were reviewed individually; staff and senior partnership members, parents, young people, victims and service users where interviews and various observation visits took place.
The key findings of the Inspection were:
• The YOS is well established and linked to all appropriate strategic and operational groups. • The Management Board, although having experienced changes in leadership and composition is committed and participatory.
227 • There is a history of developing preventative services which are engaged with voluntary and local groups and are performing well. • Children and young people generally receive a good service from the YOS, including health and education interventions. • There has been significant improvement in reducing the rate of offending. However there are concerns about the process of Managing Risk of Harm and vulnerability. • Concerns about the underdevelopment of parenting interventions and victims related work.
Judgement of the Inspection was:
Criteria Judgement
Work in the courts 2 Work with children and young people at risk of offending 3 Work with children and young people who have offended 2 Work with parents/carers 2 Outcomes of work with children and young people in the community 3 Work with children and young people subject to custodial sentences 2 Victims and restorative justice 2 Management and leadership 3
Judgement Descriptor
4 Excellent – performs strongly, well above minimum requirements with outstanding features 3 Good – performs well, consistently above minimum requirements with no important shortcomings 2 Adequate – only meets minimum requirements 1 Inadequate – does not deliver minimum requirements, with many important shortcomings
Recommendations arising from the Inspection:
1. pre-sentence reports conform to national standards in respect of format and content and staff fully understand and take proper regard of risk of harm, risk of serious harm and vulnerability (YOS Manager) 2. staff are trained to undertake and fully complete assessments of risk of harm, risk of serious harm and vulnerability. Risk management and vulnerability plans are put in place, monitored and reviewed (YOS Manager) 3. intervention plans are developed in all cases, have outcome focused objectives, and are properly sequenced and reviewed. (YOS Manager) 4. there is understanding of roles, responsibilities and thresholds ,effective communication and, where necessary, joint working with children’s social care services.(management board) 5. parents receive assessments of need, support and an appropriate range of interventions (management board) 6. victim related work is undertaken in accordance with national standards (management board) 7. An induction process is developed for new management board members (chair of the management board)
228 8. management arrangements in the YOS enable all staff to receive support, supervision and appraisal (management board)
Next steps An improvement plan addressing the recommendations was submitted to HMI Probation four weeks after the publication of this inspection report. Once agreed, the plan is forwarded to the Youth Justice Board to monitor its implementation.
2.3 Main Points of Discussion by Task and Finish Group
The Task and Finish Group discussed the issues in some detail. The main points of discussion included:
• Shortage of accommodation particularly when children and young people were subject to electronic monitoring. • Amount of notice given before release and time to plan for release • Swansea working towards not putting any young person aged 16-18 into B&B but still currently using local establishments. • Use of the approved report format for Pre Sentence Report (PSRs). • Providing the service through the medium of welsh and provision of service to young people from minority groups in Swansea. • Health information in PSRs – concerns raised by Inspectors regarding specific health of young people in the criminal justice system (CJS). • Recognition of conditions young people may have that effect their behaviour recognised within criminal justice system. • Systems in place for individual magistrates to offer feedback to the YOS on the service they receive and/or on the quality of reports and proposals for sentencing. • Saturday and out of hours services covered by Social Services Out of Hours Team who will contact YOS Manager if/when required. • Cases requiring an intervention plan • Issue of short term funding/resources resulting in many staff being on year on year contracts, currently some staff are on month by month contracts until this years external funding has been confirmed. • 50% of YOS budget is not secure with short term with year on year funding. • Lucky in Swansea to have a stable group of dedicated staff whose loyalty and experience helps take this service forward. • Many parts of the authority including social services to save money do not pay for cover in times of maternity leave. • YOS service treated as external agency when referring issues into social services. Working to develop a much stronger collaborative relationship between YOS and Social Services. • Balance and direction from Government and inspections seems to be aimed more towards reducing risk to community and less about the welfare of young people. Possibly driving a far more hostile view of young people. • Has been a decline in high priority score offences with majority of cases now being low level crime. Need for availability of more constructive and
229 positive activities available for young people in the community. • Working with parents and carers has been an area of concern for sometime. There is a need for some type of support for families with teenage children; much of the parenting support tends to be for families with younger children. • Some parenting interventions have been found by parents to be inappropriate to parent’s practical living experiences. • No specific funding available for parenting support/interventions. • Future inspections/assessments will be completed through a desk based process rather than physical inspection. Therefore more need/emphasis on administrative recording will be required. If something is not recorded it will not be considered for inspection purposes. • The development of facilities for young male offenders at Parc Prison have been a positive move. Relationships are developing with Parc in relation to the consistency of planning in managing the young person into release. No similar facilities for young female offenders in Wales, yet. • Work with young people who are in Parc Prison with the purpose of developing education and training. • Youth Justice Plan in each authority across Wales different would be good if this was more consistency and that there were some guidelines of key points are identified.
3. Conclusions of Task and Finish Group
3.1 The Board made a number of conclusions based upon the discussions had and evidence gathered at their Task and Finish Group. 3.2 Members found it to be unsatisfactory that half of all the YOS funding was not secure with much of it based upon short term grants. This resulted this year in a large number of staff on very short term contracts (working month on month). 3.3 Concern was expressed at the lack of reparation towards victims. Members felt that reparation was a way to help prevent re-offending. If offenders are made to confront the effect of their actions have on victims it might make them reflect on the consequences of their actions. The Board believed that the issues around victims and restorative justice need to be considered in more detail. 3.4 The Board welcomed the development of Parc Prison Young Offenders Wing in Bridgend. They feel it to be a positive move for South Wales but believed the development of facilities closer to Swansea for young females would also be needed. 3.5 The Board had the impression that there was a need for better planning for the release of young offenders, particularly with housing so as to avoid putting them into Bed and Breakfast. 3.6 The Board found that maternity cover for vacant posts within the authority was not common practice, and specifically for this review within social services. They felt that this department deals with vulnerable people so long term absence must be covered.
230 3.7 Some evidence suggested that stronger collaborative work between YOS and Social Services is required. 3.8 It was noted that the emphasis of inspection seems to be more targeted towards reducing risk to the community and less weight put on the welfare of the young person. 3.9 The Board recognised the need for more constructive and positive activities to be available for young people, giving them a safe space and something to do. 3.10 Members were concerned that there was no external funding available for the important area of work assisting parents and carers with teenage children (seems to be more available for parents of young children but not support/assistance for parents of teenagers) 3.11 It was identified that there was some confusion in the mechanism for reporting of the Youth Justice Plan in Swansea and members felt that this key document should be debated by Council. 3.12 The Board felt there was a clear need for specific actions to improve work in the Courts. 3.13 The Inspectors had highlighted the issue of weekend, holiday and out of hours cover. The Board had some concern with that the cover may not be adequate and would like the YOS to investigate this further. 3.14 The Board recognised that some examples of good practice was reported and would like to see these developed, but would like to see some specific actions designed to get some excellent ratings.
4. Recommendations
It is recommended that:
1.1 The Youth Justice Plan is debated at full Council on a yearly basis. 1.2 Temporary cover for staff on maternity leave in Social Services is considered. 1.3 The Cabinet Member make representations to the Ministry of Justice and the Welsh Assembly Government (WAG) in relation to: d) fully and individually funding any new initiatives in this area (particularly those in relation to reparative/restorative justice) e) the development of prison facilities for young females in South Wales. f) the emphasis being changed to put a greater weight on the welfare of the young person in the advice given to local youth justice by the Ministry of Justice in accordance with the United Nations Convention on the Rights of the Child. 1.4 Systems be put in place (as a matter of urgency) to measure and improve the collaborative working between Social Services and YOS. 1.5 Cabinet report back to the Board on how the new draft WAG guidance on Youth Support Services (once it is available) will look to improve support services available to young people particularly how it will be used to improved services for those young people exiting or who have experience of, or are in danger of falling foul of, the criminal justice system.
231 1.6 That the Cabinet Member writes to the Welsh Assembly Government c) seeking WAG to extend/increase existing parental support funding to include programmes for parental support for teenage children. d) ask WAG to address the issue of short term and insecure funding resulting in many short term contracts (which currently stands at 50% of YOS budget) 1.7 The YOS investigate the potential provision of weekend/holiday and out of hours cover further. 1.8 The Cabinet Member for Housing look to agree a sympathetic approach with Housing Options for relocating young offenders on release from prison, paying particular attention to reports from YOS and suitable areas for consideration.
5. Follow Up
5.1 To facilitate effective monitoring of the implementation of agreed recommendations, the relevant Cabinet Member will be required to provide to the appropriate Board:
• Within 2 months of the Cabinet decision - a report on progress from the relevant Cabinet Member detailing the Action Plan drawn up to address the accepted recommendation(s).
• Within 6 months of Cabinet decision – a follow up report on progress with the implementation of recommendations against the action plan
5.2 The Children and Young People Scrutiny Board will be responsible for the monitoring the actions/recommendations agreed.
6. Financial Implications
6.1 It is recognised that a number of the proposed recommendations have either direct or indirect financial consequences which have not been costed, for example, maternity cover for social services posts, extending Youth Offending Service cover to out of hours and weekends. It is further recognised that any financial capacity to achieve any of the recommendations has to be considered in the wider context of the overall existing budget provision, the likely constrained future funding for local government services, and competing priorities for resources. Nevertheless The Children and Young People Scrutiny Board would ask that the relevant Cabinet Members have due regard to the recommendations and financial implications when considering future resource allocation to priorities and recommending future budgets to Council.
Background Papers: Youth Offending Service Inspection Report and Resulting Improvement Plan Contact Officer: Michelle Roberts 01792 637256 Legal Officer: Janet Hooper 01792 636014
232 APPENDIX B Item No. 6 (2)
Report of the Cabinet Member for Social Services
Cabinet - 8th October 2009
RESPONSE TO THE REPORT OF THE CHILDREN AND YOUNG PEOPLE SCRUTINY BOARD - YOUTH OFFENDING SERVICE (YOS) INSPECTION
Summary
Purpose: To outline the response of the Cabinet Member to the Report of the Children and Young People Scrutiny Board
Policy Framework: Children and Young People Plan 2008 - 2011
Reason for Decision: To comply with the requirements of the Council Constitution.
Consultation: Legal Services, Financial Services
Recommendation(s): It is recommended that:
1) Cabinet notes the recommendations of the Children and Young People Scrutiny Board.
2) The Cabinet Member response as outlined in the report be agreed.
1. Introduction
1.1 This report provides a response from the Cabinet Member for Social Services to the recommendations made by the Children and Young People Scrutiny Board in respect of its review of the YOS Inspection.
1.2 The Cabinet Member recognises that the YOS is accountable to a multi- agency Management Board. It is important that the Scrutiny Board Report and this response are shared with the Management Board. The Corporate Director (Social Services) has been asked to include this information on a future agenda.
1.3 It is important to note that the position for the YOS must be considered within the context of the situation for Child and Family Services and the Authority as a whole. The arrangements for the YOS must also fully take account of the partnership arrangements that exist.
233 2. Response to Board Recommendations
Recommendation 1
The Youth Justice Plan is debated at full Council on a yearly basis.
Cabinet Member Response: The Youth Justice Plan will be considered at full Council on a yearly basis.
Recommendation is AGREED
Recommendation 2
Temporary cover for staff on maternity leave in Social Services is considered.
Cabinet Member Response: The position regarding cover for staff on maternity leave is an issue that is relevant for all services. When there is a need to consider staff cover within the Youth Offending Service this will be undertaken.
Recommendation is AGREED
Recommendation 3
The Cabinet Member make representations to the Ministry of Justice and the Welsh Assembly Government (WAG) to:
a. Fully and individually funding any new initiatives in this area (particularly those in relation to reparative / restorative justice). b. The development of prison facilities for young females in South Wales. c. The emphasis being changed to put a greater weight on the welfare of the young person in the advice given the local youth justice by the Ministry of Justice in accordance with the United Nations Convention on the Rights of the Child.
Cabinet Member Response: It is important that the issues noted by the Children and Young People Scrutiny Board are carefully considered. There is a need to gain additional detail regarding each of the items. Subject to the information that is gained it might be appropriate to make representations to the Ministry and the Welsh Assembly Government about some or all of the issues.
Recommendation is PARTLY AGREED
234 Recommendation 4
Systems be put in place (as a matter of urgency) to measure and improve the collaborative working between Social Services and YOS.
Cabinet Member Response: The point made by the Children and Young People Scrutiny Board is important. Given that the Youth Offending Service involves a number of organisations it will be necessary for the Management Board to consider this matter. Any system that might be appropriate is not a matter that can be solely determined by the Authority. The Corporate Director (Social Services) has been asked to raise this recommendation at a future Management Board meeting.
Recommendation is PARTLY AGREED
Recommendation 5
Cabinet report back to the Board on how the new draft WAG guidance on Youth Support Services (once it is available) will look to improve support services available to young people particularly how it will be used to improved services for those young people exiting or who have experience of, or are in danger of falling foul of, the criminal justice system.
Cabinet Member Response:
The draft Youth Support services guidance is to be consulted on by the Assembly during the next few months. The draft guidance will be considered and the implications for young people supported services identified. A report will be developed and this will include reference to those in existing or at risk of falling foul of the criminal justice system.
Recommendation is AGREED
Recommendation 6
That the Cabinet Member writes to the Welsh Assembly Government.
a. Seeking WAG to extend / increase existing parental support funding to include programmes for parental support for teenage children. b. Ask WAG to address the issue of short term and insecure funding resulting in many short term contracts (which currently stands at 50% of YOS budget).
235 Cabinet Member Response: The issues raised by the Children and Young People Scrutiny Board will be further explored in conjunction with Recommendation 3.
Recommendation is PARTLY AGREED
Recommendation 7
The YOS investigate the potential provision of weekend / holiday and out of hours cover further.
Cabinet Member Response: It will be necessary for this matter to be considered by the Management Board. The Corporate Director (Social Services) has been asked to raise this recommendation at a future Management Board meeting.
Recommendation is AGREED
Recommendation 8 The Cabinet Member for Housing look to agree a sympathetic approach with Housing Options for relocating young offenders on release from prison, paying particular attention to reports from YOS and suitable areas for consideration.
Cabinet Member Response:
It is recognised that ongoing improvements should be an aim for all services. Well established arrangements are in place to meet the housing needs of young homeless people including young offenders focussed on positive outcomes for young people and promoted as good practice across Wales.
The approach of the Authority is as follows:
• Support is provided by Barnardos managed Bays Project in respect of the homeless service for 16-21. The arrangement is based on a service level agreement with Social Services and the Housing Service. It is important to note that young people aged 16 and 17 are supported by means of the Children’s Act. • 18 + year olds are dealt with under housing legislation. A range of temporary and supported accommodation is available for young people in a number of locations. The specific needs of individuals are considered and efforts will always be made to secure accommodation that meets their needs. • The Housing Service is actively involved with colleagues in the criminal justice system and support initiatives aimed at reducing offending rates and meeting the housing needs of ex-offenders.
236
This recommendation will be discussed with the Head of Housing so that current arrangements are maintained and that services continue to develop and improve.
Recommendation is PARTLY AGREED
3. Legal Implications
3.1 There are no legal implications that need to be considered.
4. Financial Implications
4.1 No additional resources are available and the recommendations will need to be considered within the existing budget.
5. Recommendations
5.1 Cabinet notes the recommendations of the Children and Young People Scrutiny Board.
5.2 The Cabinet Member response as outlined in the report be agreed.
Background Papers: None
Contact Officer: Chris Maggs Corporate Director (Social Services) 01792 636245 cm99012/sd
Legal Officer: Janet Hooper
237 Item No. 14 (1)
Report of the Finance, Audit & Business Improvement Overview Board
Council – 22nd October 2009
NOTICE OF MOTION REFERRAL ARE WE BEING SERVED? THE REPORT OF THE COUNCILLOR COMMISSION EXPERT PANEL FOR WALES
Summary
Purpose: To present Council with the response of the Finance, Audit & Business Improvement Overview Board to a referred notice of motion Policy Framework: Council Constitution
Reason for Decision: To address the referred notice of motion
Consultation: Group Leaders, Chief Executive, Legal, Finance
Recommendations a) That the attached summary of responses to the report recommendations be forwarded to the Welsh Assembly Government by the Chief Executive in response to their consultation
b) That the Finance, Audit & Business Improvement Overview Board report back to a future meeting of Council regarding recommendations 2 (legal separation of executive / non executive functions), 10 (publicity), 11 (councillor annual reports) and 21 (working with children and young people to promote democracy)
c) That recommendations 23 (using I.T. to reduce time commitments) and 33 (I.T. support for individual members) be referred to the Councillors ICT working group.
1. Introduction
1.1 A Notice of Motion originally received by Council on 10th September 2009 was referred to the Finance, Audit & Business Improvement Overview Board.
238 2. The Notice of Motion
2.1 The following Notice of Motion was submitted to Council on 10th September 2009 by Councillors R H Kinzett, P R Hood-Williams, M Smith, A C S Colburn.
“This Council notes the report Are We Being Served?, authored by Welsh Assembly Government’s Councillor Expert Panel, looking into the future of local democracy in Wales.
This Council notes the recommendations to the Minister, particularly those aimed at diversifying the demographic make up of Elected Members and strengthening the powers of backbenchers to hold decision makers in Local Government to enhanced levels of public accountability. This Council believes that local democracy will be enhanced when Elected Members more accurately reflect the populations they serve. This Council believes that the report challenges the Elected Members, group leaders, senior officers and political parties to act on recommendations which will improve Local Government. This Council resolves to mandate the group leaders and the Chief Executive to consider the report and to bring forward proposals to act on recommendations relevant to this Authority”.
2.2 Council RESOLVED that the Notice of Motion be referred to the Finance, Audit and Business Improvement Overview Board for consideration and also mandates the Group Leaders and Chief Executive to consider the report and to bring forward proposals to the next meeting of Council.”
3. Response of the Board to the Referral
3.1 The Board met on Monday 5th October and considered the report and its 35 recommendations (attached). In attendance for the meeting were:
• The Deputy Leader of the Administration Group • The Leader of the Labour Group • The Leader of the Conservative Group • The Cabinet Member for Business Improvement & Efficiency • Chief Executive • Heal of Legal & Democratic Services
3.2 Following discussion the Board agreed the following proposals:
a) That the attached summary of responses to the report recommendations be forwarded to the Welsh Assembly Government by the Chief Executive in response to their consultation
b) That a task and finish group of the Finance, Audit & Business Improvement Overview Board be convened to consider how
239 recommendations 2 (legal separation of executive / non executive functions), 10 (publicity), 11 (councillor annual reports) and 21 (working with children and young people to promote democracy) could be applied by the City & County of Swansea.
c) That recommendations 23 (using I.T. to reduce time commitments) and 33 (I.T. support for individual members) be referred to the Councillors ICT working group.
4 Legal Implications
4.1 There are no legal implications.
5 Financial Implications
There are no additional financial implications.
6 Recommendations
a) That the attached summary of responses to the report recommendations be forwarded to the Welsh Assembly Government by the Chief Executive in response to their consultation
b) That the Finance, Audit & Business Improvement Overview Board report back to a future meeting of Council regarding recommendations 2 (legal separation of executive / non executive functions), 10 (publicity) 11 (councillor annual reports) and 21(working with children and young people to promote democracy)
c) That recommendations 23 (using I.T. to reduce time commitments) and 33 (I.T. support for individual members) be referred to the Councillors ICT working group.
Background Papers: none Contact: Dave Mckenna, Overview and Scrutiny Manager 01792 636090 Date: 14th October 2009 Legal Officer; Patrick Arran
240
Responses of the City & County of Swansea to the recommendations of ‘Are We Being Served?’
Recommendation Response Recommendation 1 As part of their statutory duties, local authorities should Disagree undertake equality monitoring amongst candidates standing This is not considered for election and all newly-elected councillors. The same necessary should be done for community and town councillors and in the meantime the census of county councillors should also be extended to community and town councillors.
Recommendation 2 Consideration should be given to introducing a legal Agree separation of the executive and non-executive functions of the In many ways this is council with separate funding streams that would protect the already happening in central provision of members’ services. practice. This Council will consider further ways this can be progressed internally.
Recommendation 3 One Voice Wales should in conjunction with community and Disagree town councils and the Welsh Local Government Association The roles of (WLGA) develop role descriptions for community and town community and town councillors councillors are too diverse
Recommendation 4 The WLGA should place a stronger emphasis and focus on Agree the role of a Councillor in representing their community - the ward role, in the Wales Member Support and Development Charter.
Recommendation 5 Work should be undertaken within local authorities to further Agree raise the awareness and recognition of the different roles that councillors undertake, in particular ward representation in their communities. This could be achieved by involving members in officer training and induction and including this aspect of their role in the induction and development programmes for council officers.
241 Recommendation 6 Political parties should: Agree (a) make better use of the Candidates' Guide developed by the WLGA amongst candidates and potential candidates (b) consider developing or, where they already exist, standardising their own role descriptions to match with the WLGA role specifications to inform the candidate selection process (although the part of the councillor role related to representing their political party would remain the responsibility of each party)
Recommendation 7 The National Assembly, Welsh Assembly Government, the Agree WLGA and One Voice Wales should lead a Governance Wales Campaign which would seek to clarify and explain to the public the responsibilities of the different tiers of government in Wales and what different types of representatives do.
Recommendation 8 Local authorities should be charged with a statutory duty to Agree facilitate local democratic engagement. This should be supported by the production of guidance from the WLGA.
Recommendation 9 Local authorities should put in place arrangements which Agree ensure that council officers recognise the importance of working with and supporting councillors to engage with their communities and particular, where appropriate, with marginalised, seldom heard or so called “hard-to-reach” groups.
Recommendation 10 The Code of Practice on Local Authority Publicity should be Agree reviewed by the Welsh Assembly Government. This Council will consider further ways this can be progressed internally.
Recommendation 11 Local authorities should make arrangements to support Agree councillors to publish (as a minimum on the website) an This Council will annual report of their work both in their communities and consider further ways within the council. this can be progressed internally.
Recommendation 12 The Independent Remuneration Panel should consider Disagree making a communication allowance available to councillors This would be publicly
242 which could be used to fund communication with their unacceptable electorate. This expenditure should be accounted for in an annual report and any communication would need to adhere to the Code of Practice on Local Authority Publicity.
Recommendation 13 Councillors should be actively encouraged to embrace the Agree digital age in communication with their communities. In line with the WLGA Charter, local authorities should provide all elected members with training opportunities on using appropriate IT packages and communicating through digital media (such as developing websites and blogging), as well as ongoing IT support. Wherever possible, such training should be opened up to community and town councillors.
Recommendation 14 Local authorities should provide training and ongoing support Agree in dealing with the press and broadcasters for all their elected members. Wherever possible, such training should be opened up to community and town councillors.
Recommendation 15 The Welsh Assembly Government, WLGA and One Voice Agree Wales should initiate discussions with the public service This Council is also broadcasters in Wales and Ofcom to identify what role these concerned about the broadcasters could play in enhancing the coverage of local changes to ITV news government, and, in particular, how the BBC will carry out the coverage in Wales commitment given by the Director General in January to improving coverage of local government.
Recommendation 16 The UK Government should consider including a provision in Disagree the forthcoming Equality Bill which will allow political parties to Whilst the principles use special measure for the selection of black and minority behind this ethnic candidates. Political parties should be encouraged to recommendation are to use special measures for women which are already be welcomed this permissible in their selection processes in order to ensure that should be achieved in a balanced list of candidates are standing for election. other ways than legislation
Recommendation 17 The Electoral Commission should assist Political parties in Agree Wales to identify and take account of good practice from other parts of the UK and learn from other parties in measures to engage with under-represented groups and support them through the process of selection and candidacy.
Recommendation 18 The Candidates’ Guide produced by the WLGA should be Agree
243 available to potential candidates prior to every local government election and steps should be taken by the Electoral Commission to promote the guidance which is available to all candidates, particularly to independent candidates who do not have practical support provided by a political party.
Recommendation 19 The possibility of establishing a fund to support the specific Agree needs of people from under-represented groups to become This should however candidates (such as meeting accessibility needs, be provided at a communication support where English is not a first language national level. etc) should be explored by the Welsh Assembly Government in conjunction with the Electoral Commission.
Recommendation 20 The Welsh Assembly Government should work in partnership Agree with the Assembly Commission, the WLGA and other relevant organisations to develop an all Wales shadowing scheme which would provide opportunities for shadowing and mentoring people from under represented groups by councillors and AMs.
Recommendation 21 Schools and council officers working with children and young Agree people or in promoting democracy should be encouraged to This Council will actively seek opportunities to engage councillors (both county consider further ways and community and town) in meeting and working with this can be progressed children and young people, both at county and ward level. internally.
Recommendation 22 A comprehensive review of the role of a councillor role and Agree the time commitment required to fulfil it should be undertaken by the Independent Remuneration Panel in the course of their fundamental review of Members’ Remuneration this year.
Recommendation 23 Local authorities should consider ways in which time Agree commitments for councillors and cost burdens for local This Council will authorities can be reduced, for example through the use of consider further ways video conferencing facilities, remote voting and paperless this can be progressed working. In addition, One Voice Wales, the WLGA and the internally. Welsh Assembly Government should jointly consider how to promote greater use of ICT by community and town councils.
Recommendation 24 The WLGA should develop an employer’s pack in conjunction Agree with employer organisations which sets out the benefits to supporting employees who wish to become, or are,
244 councillors. The pack could include examples of good practice.
Recommendation 25 Consideration should be given to how public sector employers Agree can be encouraged to actively support employees to participate in public life and whether it is possible to use procurement to achieve the same outcome amongst private sector employers.
Recommendation 26 Guidance should be issued to local authorities to encourage Agree them to put in place policies for maternity, paternity (including However the Council is adoptive) and caring leave for councillors. Similarly, policies unclear how ‘cover’ for time management, including cover in periods of absence, could be provided for flexible working and support should be developed. councillors.
Recommendation 27 The forthcoming consultation being conducted by the Agree Independent Remuneration Panel on a review of councillors’ However ensuring that allowances should engage members of the public in a this is a ‘meaningful’ meaningful way, possibly through the use of a Citizens Panel. exercise will be a challenge.
Recommendation 28 Councils should be required to undertake a bi-annual survey Disagree of members in order to identify their support needs. This Whilst agreeing with survey should be reported to full council and shared with the the principle of surveys WLGA. to identify support needs, a formal requirement is felt to be unnecessary.
Recommendation 29 Investors in People UK should ensure that the Investor in Agree People Standard assesses a council’s commitment to developing their councillors as well as their employees. Investors in People status should only be awarded to councils who have been successful in being awarded the Wales Charter for Member Support and Development
Recommendation 30 All local authorities should ensure that training and Agree development opportunities are available to their elected members and ensure that consideration is given to ways in which these programmes can be delivered in a way which minimises the time commitment required for members. The development of training packages should be done in
245 association with community and town Councils, whose councillors could also benefit from training and development opportunities.
Recommendation 31 The WLGA should consider the development of accredited Agree training which could be taken up by councillors on a voluntary basis.
Recommendation 32 Consideration should be given to allocating some funding, Agree with an appropriate audit mechanism attached, to individual councillors through the remuneration framework to allow members to meet some support needs. This could be explored further by the Independent Remuneration Panel.
Recommendation 33 Councils should consider the needs of individual members Agree when determining what technological support is provided. In This Council will doing this they should be mindful of addressing the specific consider further ways need for councillors to combine their role with other this can be progressed commitments. internally.
Recommendation 34 The WLGA should issue guidance to local authorities in Agree consultation with the Equality and Human Rights Commission on meeting their obligations to councillors in respect of the equality enactments and councils should be encouraged to provide support over and above their statutory obligations as a way of encouraging the recruitment and retention of under- represented groups. All councillors should be offered an assessment which would identify any accessibility needs, language support requirements or caring needs. Local Authority Members support officers should in conjunction with the individual councillor and where appropriate party group officers draw up a plan to identify how these needs can be met.
Recommendation 35 Political parties should ensure that support for councillors Agree extends beyond candidacy and should consider ways in which mechanisms for supporting their councillors can be developed.
246 Are we being served?
The Report of the Councillor Commission Expert Panel Wales
247 Foreword
Much debate has taken place and consideration been given over the years to the role of local government, its remit, performance and structure. And yet within this context the role of local councillors as central to all of these issues often seems lost in the ether.
I believe that the role of councillors is central to the health of local government and local democracy. After all most councillors are part of their communities all the time. They do not spend time travelling to and from London and Cardiff to represent their constituents - instead their role is local and based on detailed knowledge of the schools, community centres, villages, open spaces within their communities and the people who live and work there. Councillors can and do represent their communities effectively but would be able to do this more effectively if they were representative of the communities they serve. Personal experiences inform the way in which we all operate and is the reason why it is so important to have locally elected representatives who can understand the needs of all members of the community when they determine how local services should be run.
Today’s councillors are performing an incredibly difficult job as leaders, negotiators, influencers, advocates and innovators. They are at the coal face of balancing local community interests with wider government agendas and balancing budgetary constraints with improved service delivery. Their commitment and leadership is central to ensuring improved services and efficient management of multi million pound businesses and they are often doing these things on a part time basis, with little or no support and with families who are taking the strain of their community service. For anyone this is a difficult job to undertake but for some, such as those with caring responsibilities, people with communication or accessibility needs and those in full time employment, it is an almost impossible task.
Having been a councillor for nine years whilst juggling a job and the demands of a young family, I am only too aware of the time commitment involved and the impact that the role can have on career prospects and family life. I am also aware that despite the dedication to public service that I have seen from the councillors I have come into contact with, that the public perception of them is confused at best and at worst based on an assumption that they have little power influence or purpose and are in it for self gain.
This view is misguided and needs to be challenged so that the public are aware, as I am, of the ordinary backbench councillor who keeps a shovel in her car to clear the problem drain which gets blocked and floods but is rarely maintained, or the councillor who has spent days and weeks in court representing residents in licensing appeals or the councillor who has worked tirelessly to secure funding for a leisure centre from the developers of a housing estate in the area. Most of these things remain known only to those councillors (and their long suffering families) who give of their time, their passion and dedication to their communities for little reward. There is a need to change the negative perception the public have and to work to ensure that they understand the role of local councillors and the contribution they make as well as ensuring that local government itself recognises the need to make itself relevant to and representative of the community it serves.
248 The Expert Panel was established by the Welsh Assembly Government to consider the report of the Councillors Commission. We have considered carefully the evidence presented to the Councillors Commission, have taken our own evidence and have drawn on the expertise of the Panel’s membership. In short, it has been the task of this Panel to consider; “are we being served?” In considering this we have considered ‘we’ to be both 21st century councillor for whom the support to enable their job to be done properly is often lacking and ‘we’ the public who, despite the dedication and commitment of current elected members, are, in reality, mainly being served by people who are representative of only a small section of society. Our report examines how we can ensure that the role of a councillor is recognised, supported and made accessible to ordinary people – this, we conclude, goes hand in hand with encouraging a more diverse range of people to consider becoming councillors.
We believe that there is a role for central government, local government itself, political parties, the media and employers in renewing local democracy, in providing councillors with the support that they need to do their jobs - enabling them to communicate better and engage more effectively with their communities and helping them to shape the future of our public services and local democracy. I hope that those organisations who have recommendations directed towards them in this report will work towards ensuring that our community champions are supported in doing this and in meeting the challenge so eloquently described by Professor Stephen Coleman of being “ordinary enough to be representative and extraordinary enough to be representatives”.
Sophie Howe Chair of the Councillor Commission Expert Panel Wales
249 The Expert Panel
In March 2008 the Welsh Assembly Government established a Panel of experts to consider the position of local government in Wales. The terms of reference for the expert Panel were as follows:
• to consider the recommendations of the Councillors Commission and their appropriateness for implementation in Wales; • to consider whether there are any other issues relevant to widening participation in local government in Wales, which have not been considered by the Councillors Commission; and • to make recommendations to the Minister by November 2008.
Membership of the Panel
Members of the Panel were invited to participate on the basis of their expertise in particular areas. Biographies for members of the Panel can be found at Appendix 1.
The Panel membership was as follows:
Sophie Howe (Chair) Political Adviser, Equality and Human Rights (Seconded to Welsh Assembly Government) Angharad Davies Head, Public Affairs BT Wales Karl Davies Head of Governance and Accountability Wales, BBC Wales Trust Cllr Meryl Gravell OBE Independent Councillor & Leader Carmarthenshire County Council Cllr Gwenllian Lansdown Chief Executive Plaid Cymru and Cardiff County Councillor Phil Nifield Former Political Editor South Wales Echo Cllr Ramesh Patel Councillor, Canton Electoral Division Richard Penn Chair, Independent Remuneration Panel for Wales Chris Roberts General Secretary Welsh Labour Catherine Thomas Wales Women’s National Coalition Derek Walker Wales TUC Owen Watkin OBE Former Chief Executive Ceredigion County Council Simon White Chief Executive, One Voice Wales
Advisors to the Panel
Daniel Hurford Welsh Local Government Association Raine Larcher Welsh Local Government Association Frank Cuthbert Welsh Assembly Government
Secretariat
Margaret Adams Welsh Assembly Government
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250 Details of others who contributed to discussions on particular themes and those who were invited to attend and received papers but did not attend can be found at Appendix 2.
The Approach of the Expert Panel
The Panel met on eight occasions, with five of these meetings considering specific themes which were linked to the themes considered by the Councillors Commission. The meetings were themed as follows:
• the role of councillors; • public perception and understanding of councillors and the role of the media; • balancing working and family life with being a councillor; • supporting, recognising and rewarding councillors; and • recruiting and retaining a diverse range of councillors.
For each of these meetings, discussion papers summarising research and the findings of the Councillors Commission were presented alongside presentations from relevant organisations/individuals. A list of additional contributors is included in Appendix 2.
The Panel Chair has participated in sessions at the Welsh Local Government Association (WLGA) Annual Conference (October 2008) and the WLGA Member Development Conference (October 2008). These sessions allowed member feedback on some of the emerging issues and themes from the Panel’s work.
In agreement with the Minister, the timescale for the Panel to report had been extended to February 2009.
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251 Summary of Recommendations
Recommendation 1
As part of their statutory duties, local authorities should undertake equality monitoring amongst candidates standing for election and all newly-elected councillors. The same should be done for community and town councillors and in the meantime the census of county councillors should also be extended to community and town councillors.
Recommendation 2
Consideration should be given to introducing a legal separation of the executive and non-executive functions of the council with separate funding streams that would protect the central provision of members’ services.
Recommendation 3
One Voice Wales should in conjunction with community and town councils and the WLGA develop role descriptions for community and town councillors.
Recommendation 4
The WLGA should place a stronger emphasis and focus on the role of a councillor in representing their community - the ward role, in the Wales Member Support and Development Charter.
Recommendation 5
Work should be undertaken within local authorities to further raise the awareness and recognition of the different roles that councillors undertake, in particular ward representation in their communities. This could be achieved by involving members in officer training and induction and including this aspect of their role in the induction and development programmes for council officers.
Recommendation 6
Political parties should:
a. make better use of the Candidates' Guide developed by the WLGA amongst candidates and potential candidates; and b. consider developing or, where they already exist, standardising their own role descriptions to match with the WLGA role specifications to inform the candidate selection process (although the part of the councillor role related to representing their political party would remain the responsibility of each party).
3
252 Recommendation 7
The National Assembly, Welsh Assembly Government, the WLGA and One Voice Wales should lead a Governance Wales Campaign which would seek to clarify and explain to the public the responsibilities of the different tiers of government in Wales and what different types of representatives do.
Recommendation 8
Local authorities should be charged with a statutory duty to facilitate local democratic engagement. This should be supported by the production of guidance from the WLGA.
Recommendation 9
Local authorities should put in place arrangements which ensure that council officers recognise the importance of working with and supporting councillors to engage with their communities and particular, where appropriate, with marginalised, seldom heard or so called “hard to reach” groups.
Recommendation 10
The Code of Practice on Local Authority Publicity should be reviewed by the Welsh Assembly Government.
Recommendation 11
Local authorities should make arrangements to support councillors to publish (as a minimum on the website) an annual report of their work both in their communities and within the council.
Recommendation 12
The Independent Remuneration Panel for Wales (IRP) should consider making a communication allowance available to councillors which could be used to fund communication with their electorate. This expenditure should be accounted for in an annual report and any communication would need to adhere to the Code of Practice on Local Authority Publicity.
Recommendation 13
Councillors should be actively encouraged to embrace the digital age in communication with their communities. In line with the WLGA Charter, local authorities should provide all elected members with training opportunities on using appropriate IT packages and communicating through digital media (such as developing websites and blogging), as well as ongoing IT support. Wherever possible, such training should be opened up to community and town councillors.
4
253 Recommendation 14
Local authorities should provide training and ongoing support in dealing with the press and broadcasters for all their elected members. Wherever possible, such training should be opened up to community and town councillors.
Recommendation 15
The Welsh Assembly Government, WLGA and One Voice Wales should initiate discussions with the public service broadcasters in Wales and Ofcom to identify what role these broadcasters could play in enhancing the coverage of local government, and, in particular, how the BBC will carry out the commitment given by the Director General in January to improving coverage of local government.
Recommendation 16
The UK Government should consider including a provision in the forthcoming Equality Bill which will allow political parties to use special measures for the selection of black and minority ethnic candidates. Political parties should be encouraged to use special measures for women which are already permissible in their selection processes in order to ensure that a balanced list of candidates are standing for election.
Recommendation 17
The Electoral Commission should assist political parties in Wales to identify and take account of good practice from other parts of the UK and learn from other parties in measures to engage with under-represented groups and support them through the process of selection and candidacy.
Recommendation 18
The Candidates’ Guide produced by the WLGA should be available to potential candidates prior to every local government election and steps should be taken by the Electoral Commission to promote the guidance which is available to all candidates, particularly to independent candidates who do not have practical support provided by a political party.
Recommendation 19
The possibility of establishing a fund to support the specific needs of people from under-represented groups to become candidates (such as meeting accessibility needs, communication support where English is not a first language etc) should be explored by the Welsh Assembly Government in conjunction with the Electoral Commission.
5
254 Recommendation 20
The Welsh Assembly Government should work in partnership with the Assembly Commission, the WLGA and other relevant organisations to develop an all Wales shadowing scheme which would provide opportunities for shadowing and mentoring people from under represented groups by councillors and AMs.
Recommendation 21
Schools and council officers working with children and young people or in promoting democracy should be encouraged to actively seek opportunities to engage councillors (both county and community and town) in meeting and working with children and young people, both at county and ward level.
Recommendation 22
A comprehensive review of the role of a councillor role and the time commitment required to fulfil it should be undertaken by the IRP in the course of their fundamental review of Members’ Remuneration this year.
Recommendation 23
Local authorities should consider ways in which time commitments for councillors and cost burdens for local authorities can be reduced, for example through the use of video conferencing facilities, remote voting and paperless working. In addition, One Voice Wales, the WLGA and the Welsh Assembly Government should jointly consider how to promote greater use of ICT by community and town councils.
Recommendation 24
The WLGA should develop an employer’s pack in conjunction with employer organisations which sets out the benefits to supporting employees who wish to become, or are, councillors. The pack could include examples of good practice.
Recommendation 25
Consideration should be given to how public sector employers can be encouraged to actively support employees to participate in public life and whether it is possible to use procurement to achieve the same outcome amongst private sector employers.
6
255 Recommendation 26
Guidance should be issued to local authorities to encourage them to put in place policies for maternity, paternity (including adoptive) and caring leave for councillors. Similarly, policies for time management, including cover in periods of absence, flexible working and support should be developed.
Recommendation 27
The forthcoming consultation being conducted by the IRP on a review of councillors’ allowances should engage members of the public in a meaningful way, possibly through the use of a Citizens Panel.
Recommendation 28
Councils should be required to undertake a bi-annual survey of members in order to identify their support needs. This survey should be reported to full council and shared with the WLGA.
Recommendation 29
Investors in People UK should ensure that the Investor in People Standard assesses a council’s commitment to developing their councillors as well as their employees. Investors in People status should only be awarded to councils who have been successful in being awarded the Wales Charter for Member Support and Development.
Recommendation 30
All local authorities should ensure that training and development opportunities are available to their elected members and ensure that consideration is given to ways in which these programmes can be delivered in a way which minimises the time commitment required for members. The development of training packages should be done in association with community and town councils, whose councillors could also benefit from training and development opportunities.
Recommendation 31
The WLGA should consider the development of accredited training which could be taken up by councillors on a voluntary basis.
Recommendation 32
Consideration should be given to allocating some funding, with an appropriate audit mechanism attached, to individual councillors through the remuneration framework to allow members to meet some support needs. This could be explored further by the IRP.
7
256 Recommendation 33
Councils should consider the needs of individual members when determining what technological support is provided. In doing this they should be mindful of addressing the specific need for councillors to combine their role with other commitments.
Recommendation 34
The WLGA should issue guidance to local authorities in consultation with the Equalities and Human Rights Commission (EHRC) on meeting their obligations to councillors in respect of the equality enactments and councils should be encouraged to provide support over and above their statutory obligations as a way of encouraging the recruitment and retention of under-represented groups. All councillors should be offered an assessment which would identify any accessibility needs, language support requirements or caring needs. Local Authority Members support officers should in conjunction with the individual councillor and where appropriate party group officers draw up a plan to identify how these needs can be met.
Recommendation 35
Political parties should ensure that support for councillors extends beyond candidacy and should consider ways in which mechanisms for supporting their councillors can be developed.
8
257 The Policy Context
At present, and despite concerns raised in a number of reports dating back decades, there has been little change in the socio-economic profile of councillors. Women, ethnic minorities, young people, disabled people, people in paid employment, and non-professionals are under-represented in the council chamber. Over the years attempts have been made by both the Westminster Government and the Welsh Assembly Government to break down perceived barriers to increasing the diversity of elected representatives at all levels of government.
It could be argued that passing the Sex Discrimination (Election Candidates) Act in 2002 has been an important tool in increasing the number of female elected representatives. The use of specials measures for the first National Assembly for Wales (the National Assembly) elections has without doubt been largely responsible for the large number of women in the National Assembly, the Welsh Assembly Government and for an increase in women’s representation in parliament. However, this is certainly not a panacea as women’s representation in local government remains low and very little progress has been made in terms representation of ethnic minorities in both Westminster, the National Assembly and local government.
The attempts of the Welsh Assembly Government to address some of the barriers to increasing diversity in local government has, to date, centred around the remuneration system for local councillors. In 2002 the Welsh Assembly Government produced regulations on Members’ Allowances which for the first time introduced a national framework for members’ allowances for county and county borough councillors, which could be implemented in local authorities in Wales. The regulations also sought to address specific barriers such as caring responsibility by making provision for a dependants allowance to be paid to councillors with caring responsibilities.
In addition, in 2003 the Welsh Assembly Government introduced the Past Service Awards for Councillors. It was a decision for each authority to determine whether or not to participate in the scheme and was available for one year only, for councillors in participating authorities who had served at least 16 years in office on the date of the 2004 local government elections and who had declared their intention not to stand for a further term of office. The maximum amount payable by an authority would be limited to £1,000 for each complete year of service, subject to a maximum of £20,000. The scheme was fully funded by the Welsh Assembly Government.
More recently, the Welsh Assembly Government, in partnership with the WLGA, SOLACE, the Electoral Commission and One Voice Wales launched a Widening Participation Campaign. The campaign aimed to promote active citizenship and participation in local democracy, to raise the profile of local elections and the diversity of candidates.
In March 2007, the Welsh Assembly Government published its local government policy statement, A Shared Responsibility. This was primarily a response to the report Beyond Boundaries published by Sir Jeremy Beecham and his team, who had examined the delivery of public services in Wales, but it also included proposals relevant to the widening participation agenda and the role of local councillors.
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258 In particular, it included four commitments:
• work with the Welsh Local Government Association on councillor development, appraisal and equality and diversity training; • campaign with others to raise awareness of local government and increase interest in candidacy through the “Widening Participation” programme, which aims to promote involvement in democracy and representation in all its forms; • link up with employers to promote community involvement, including council service, amongst their employees; and • reduce the number of council officers who are prevented from participating in political activity.
Work has commenced to deliver on these priorities. A widening participation campaign was established with key partners (WAG, WLGA, One Voice Wales), additional support and guidance for those considering becoming councillors has been funded by WAG and produced by the WLGA and the WLGA have developed a Wales Charter for Member Support and Development which encourages local authorities to recognise the support needs of their members and work towards meeting them.
Despite these efforts, local authorities in Wales remain unrepresentative of the communities they serve. 2007 marked the 100th anniversary of women being able to stand for election to local councils and yet at that time only 22 per cent of councillors in Wales were women. Similarly the 2004 Census of local councillors revealed that only 0.8 per cent of councillors in Wales come from an ethnic minority background, compared to 2.1 per cent of the population.
The Census also found that the average age of councillors in Wales was 57, with 88 per cent of councillors being aged 45 or over and only 4.3 per cent aged 35 or under. Almost half of councillors (42 per cent) are retired and 32 per cent of councillors were in full or part time employment. Sixteen per cent of councillors reported having a disability which limited their daily activities or the work they could do but it is likely that this 25 per cent of councillors had caring responsibilities for children or other relatives.
Some progress seems to have been made, however, in the 2008 local government elections. At the time of writing, the 2008 census of councillors conducted by the WLGA was not available but an initial analysis of the elections results showed that there had been an increase in the number of women elected in Wales from 22 per cent in 2004 to 25 per cent. Whilst this progress must be welcomed the need for ongoing consideration of how councils can be made more representative is urgently needed, as at the current rate it would take until 2060 to achieve a gender balance in councils across Wales. In individual councils where women are currently extremely under-represented, it is likely to take much longer.
The picture in England is very similar. An IDeA survey revealed that fewer than 3 in 10 councillors are women, 96 per cent of councillors are white, compared to 2.7 per cent Asian and 0.5 per cent black. The average age of a councillor is 58 with more
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259 than 50 per cent over 60 compared with just 0.3 per cent under 25 and under 8 per cent under 40.
No such data exists for community and town councillors in Wales since no surveys have been undertaken. Likewise there is no monitoring of the make up of candidates who stand for election. Even where data exists through the census of councillors it is not comprehensive as it is based on surveys which are voluntarily returned. The Expert Panel believe that there is a need to monitor progress across all level of government in a more effective way.
Recommendation 1
As part of their statutory duties local authorities should undertake equality monitoring amongst candidates standing for election and all newly elected councillors. The same should be done for community and town councillors and in the meantime the census of county councillors should also be extended to community and town councillors.
The Councillors Commission
February 2007 by the then Communities and Local Government Secretary, the Rt Hon Ruth Kelly MP, established the Councillors Commission. Its purpose was to consider how local democracy could be revitalised and made both more representative and more responsive to local people. It was chaired by Dame Jane Roberts, former Leader of Camden Council and also included Liberal Democrat and Conservative Councillors as well as Jessica Crowe from the Centre for Public Scrutiny, Yaseer Ahmed, former Commissioner for Racial Equality, Ben Page from Ipsos-MORI and Matthew Taylor from the Royal Society for the encouragement of Arts, Manufacturing and Commerce.
The Councillors Commission’s Terms of Reference
The Commission was required to submit a report to the Secretary of State by December 2007 making recommendations regarding the incentives and barriers to:
• encouraging suitably able, qualified and representative people to be candidates to serve as councillors of principal authorities; • their retention and development once elected, or appointed under the Local Government Act 2000; and • their being able to secure public interest and recognition for the work they carry out for their communities.
More specifically the Commission considered:
• the requirements and time commitments expected of councillors and cabinet members; • support for councillors to develop the necessary skills for their role;
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260 • the way councils operate to facilitate councillors to function effectively and confidently in carrying out their responsibilities; • the current restrictions on who can become a councillor; • the problem of getting time off work; • whether the allowance and remuneration regime for councillors: delivers value for money, takes account of comparable increases in public sector pay, takes account of constraints on local government resources; and maintains public confidence; • the public perception of the strengths and weaknesses of councillors; • the communication of councillors' roles and impact on the communities; and • the real or perceived barriers faced by many sections of the population to get to become a candidate.
The former Assembly Local Government Minister, Sue Essex AM, asked for the Commission's remit to be extended to cover England and Wales as the work of the Commission complemented the work already being undertaken on widening participation in Wales.
As part of the Widening Participation Campaign, the Welsh Assembly Government and WLGA held a Local Democracy and Community Involvement Hearing on 14 June 2007; this formed part of the Councillors Commission's evidence gathering session. The hearing offered an opportunity for people to discuss:
• what might motivate people to become councillors; • the support councillors would need to carry out their role effectively; and • what could be done to attract more candidates from underrepresented groups.
The Commission’s Findings and Recommendations
The Commission reported in December 2007. It made 61 recommendations, a significant number of which relate to non-devolved matters but many which do apply equally to Wales. A summary of the Commission’s recommendations can be found at Appendix 2.
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261 The Role of Councillors
An understanding of the role of local councillors is critical before addressing the issue of diversity in local government in Wales, what motivates people to become councillors and what barriers exist to ordinary people being able to fulfil the role.
Sir Michael Lyons1 undertook one of the most extensive studies of local government in recent times. His term “place-shaping” describes his view that “the ultimate purpose of local government should not solely be to manage a collection of public services, but rather to pursue the well-being of a place and the people who live there by whatever means are necessary and available”. Elected members clearly perform a crucial role in achieving this and their role has become more complex over recent years.
Research commissioned by the Welsh Assembly Government which reviewed the role and function of elected members2 summarised that the various roles of members were:
• decision making; • overview and scrutiny; • ward representation; and • partnership working and community leadership.
Whilst decision making and ward representation in some form have arguably been the bread and butter work of local councillors for many years, the form that this part of the role now takes is more complex and the new challenges facing elected members are considerable. In fulfilling their varied roles councillors are required now more than ever to engage with and work in partnership with other organisations at a strategic level following the Making the Connections agenda and the development of Local Service Boards. A different skill set is required to develop and manage service delivery within this context. This is also pertinent to a councillor’s ward role as complex community problems increasingly require one or more of the statutory agencies, the private sector or the third sector to resolve them. Whilst the role of local councillors has always centred around community liaison and leadership, new initiatives which promote community involvement and consultation as well as the need to work with other agencies to resolve community problems have also presented a new dimension to the role of ward representatives.
Overview and scrutiny is a major new challenge facing todays elected members - both for non-executive and board/executive members alike. It requires a fundamental change not just in terms of structures and processes, but in skills, behaviours and culture. Gone are the days where it would be seen to be inappropriate for a member of a political group to be publicly challenging another member from within the same group. In fact, a good scrutiny member will feel free to openly and independently challenge anyone influenced only by the hard evidence they have gathered from
1 The Lyons Report into Local Government, Place Shaping: A Shared Ambition for Local Government. Lyons 2007. 2 Review of the Role and Function of Elected Members, CRG Research 2007.
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262 facts, figures and views of experts and users, and not by the personalities, behaviours, or political colours of those before them. This is a fundamental shift in role, skills, and requirements, which can only be achieved successfully and meaningfully if the more complex role of the non-executive/backbench member is fully understood, appropriately developed and supported.
The fact that this multifaceted role has developed and grown needs to be recognised by the public, the media and government. Consequently the fact that this incredibly complex role now requires more time, a more enhanced skill set and more support to enable ordinary people to perform it properly, cannot be ignored. However the Panel believe that in many cases the necessary support to enable councillors to fulfil this role effectively has not been forthcoming.
Understanding and Supporting the New Role
The Panel believe that the varied roles of councillors need to be better understood and supported. Whilst the Panel believe that this type of support for the councillors ‘County Hall’ role is generally better resourced than support for their ward work, there is some concern about the ability of councillors to secure independent advice and support in respect of their roles within the council. Whilst most councils have developed specific support for scrutiny, these officers, like all officers within a council are ultimately accountable to the chief executive. Of course the chief executive is accountable to the full council, but in reality works to support the decision making role of cabinet/board by advising on and implementing the policy direction of the administration. Within the current arrangements there is a potential for the lines of accountability within scrutiny to be blurred, and conflict of interest to emerge: who are scrutiny officers in reality accountable to? To the scrutiny committees or to the chief executive? Likewise the ability of non executive/backbench councillors to obtain independent advice on any issue from within the council is restricted as officers are ultimately working to implement the policy direction of the administration rather than support the non executive/backbench member.
In addition to questions over the ability of non executive/backbench members to secure independent advice within the current arrangements the Panel noted that the level of support provided by councils to non executive/backbench councillors across Wales is variable. It is hoped that the ongoing development of the Wales Charter for Member Support and Development will achieve a more consistent approach to what councillors in Wales can expect from their local authority in terms of support to carry out their role. However, the majority of Welsh councils are yet to achieve the first level Charter. The Panel is concerned that as local authorities and councillors are often restricted by budgets, political motivations and the negative perception perpetuated in the local media to the general public, there is often resistance to investing to secure the support they need to do the job properly.
Throughout its discussions the Panel has repeatedly come back to the importance of providing better support to councillors in terms of training and development, administration, casework and independent advice. Whilst positive progress is being made in many areas the Panel is concerned that backbench councillors have limited opportunities to secure the support that they require to perform their role effectively
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263 and what they do receive can be at the discretion of the leading political group, coalition or administration.
In light of this and the need to ensure that scrutiny is adequately supported by officers who are able to act impartially, the Panel believe that there is a case for reviewing the structures of councils in Wales. The Panel has considered the way in which the Government of Wales Act 2006 separated the National Assembly established by the Government of Wales Act 1998 into an executive and legislature and has noted that the needs and interests of backbench members of the National Assembly appear to be better provided for within the new arrangements. If a similar arrangement was adopted within local government the Panel believe that there would be a stronger emphasis in addressing concerns about the provision of all types of support for backbench members, as well as enhancing the role, status, value and impact of overview and scrutiny arrangements.
This would support the Welsh Assembly Government’s proposals to strengthen the scrutiny of public services in Wales and the role of non-executive councillors and, in so doing, ensure the provision of dedicated scrutiny support officers. It is currently seeking measure powers for the Assembly in the Local Democracy, Economic Development and Construction Bill to make this possible.
By separating dedicated support for non-executive councillors from accountability to the chief executive or his/her officers, their role would be clearly to provide independent advice and support to non-executive/backbench members without fear, favour, or influence from those working to deliver the policy direction of the administration. This would allow for a more meaningful, fulfilling, and valuable role for non-executive members, free from any undue influence from the administration or its officers.
Recommendation 2
Consideration should be given to introducing a legal separation of the executive and non-executive functions of the council, with separate funding streams, that would protect the central provision of members’ services.
Clarifying the Role
Not only is there a need for enhanced rights for the backbench member to access the support they need to fulfil the role but there also needs to be a better understanding within local government itself of the importance of the councillor’s role in the community. The Councillors Commission found there was a lack of clarity around what was expected of councillors. They concluded that whilst there was a recognition that a finite definition of the councillor’s role may not be helpful as individuals will continue to combine aspects of the role in different ways, the use of role definitions in each local authority could be valuable in advancing councillors’ skills and prompting better time management. Another value would be to help potential councillors understand what would be expected of them3.
3 Representing the Future – The Report of the Councillors Commission, page 30.
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264 The Commission recommended that local authorities, supported by guidance from the Local Government Association, should develop and introduce clear role descriptions of what is expected of councillors. Similar role definitions should be developed in conjunction with National Association for Local Councils for the parish and town council tier.
In Wales, the WLGA has already developed model role descriptions for Members of County Councils. The development of role descriptions is welcomed by the Panel as a useful tool for councillors, potential councillors, the general public and local government officers to better understand the role. However similar role descriptions are yet to be developed for community and town councillors and the Panel believe that the development of such descriptions for this tier of representatives would assist in clarifying the different roles and promoting a better understanding amongst the public and potential candidates.
Recommendation 3
One Voice Wales should, in conjunction with community and town councils and the WLGA, develop role descriptions for community and town councillors.
Supporting Councillors in their Communities as well as in County Hall
Serving the community has been identified as the key driver to people wanting to become councillors in the first place. Indeed the Councillors Commission found that more than 80 percent of councillors interviewed for their research cited this as their main motivating factor. The Local Government Act 2000 outlined the role of backbench councillors in particular as community leaders. This view was re-iterated by the former Office of the Deputy Prime Minister in 2005 stating “They (councillors) have a responsibility both to ensure that the views of the all communities are articulated and heard and to provide leadership in reconciling conflicting local interests and brokering local solutions.”
In Wales, A Shared Responsibility outlines the expectations of backbench members “We want our non executive members to be champions for the most vulnerable people in our society - to guide them to the services they need and to challenge public services to be simpler and better.”
It follows therefore that most councillors view their role in representing their community as one of the most important parts of their work but it is a role which it is widely agreed is time consuming and demanding. Councillors report spending anything between 8 to 20 hours each week on ward work and the varying time commitments are likely to depend on how active the councillor is, whether they are in a multi-member ward and whether the ward is split politically.
Although ward work is clearly considered by councillors to be one of the most important parts of their role with - 55 per cent of councillors stating that the reason they stood was to improve their local area4 - reflections from members of the Panel, including current and former councillors, has led to the conclusion that the level of
4 Plymouth University survey.
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265 recognition of the importance of the work that councillors do in their community could be improved. Ward work can sometimes be viewed by the council as being party political and something, therefore, which the council as a corporate body should not involve itself in, or indeed support. This can result in reluctance for councils to invest in services that support councillors in their wards and a tendency to focus on activity within the council. The Panel views the councillor's role as community champion as vitally important and believes that this could be more strongly emphasised the Wales Members Support and Development Charter.
Recommendation 4
The WLGA should place a stronger emphasis and focus on the role of a councillor in representing their community, the Ward role, in the Wales Member Support and Development Charter.
Developing a Better Understanding of the Role within Local Authorities
The majority of authorities provide an induction for new members of staff which includes an overview of corporate governance. Typically this will include, an explanation of the decision making structure and process and the role of members within the council – the executive, members’ portfolios and the overview and scrutiny function. In some authorities, this also includes political affiliation and the role of members as community leaders. In some authorities members - often the leader - are involved in the delivery of induction training to new staff, making presentations and providing opportunities for informal question and answer sessions. Where leadership development programmes are provided to senior staff, the political interface is addressed and members have sometimes been involved in providing a political perspective. However, evidence suggests that it is rare for authorities to provide detailed information on the role of the member as a community leader as part of induction or ongoing training and development.
Whilst the complexity of improving public services, managing challenging budgets and developing partnership working across boundaries can explain a focus on a councillor’s role within the council, it is the councillor’s link to their communities and their role as representatives of those communities that is so vitally important to achieving these things.
“The test of so much of what we seek to achieve in the Welsh public service is how our services and democracy are experienced at the very local level of communities and neighbourhood. It is on the street and in the home that we must test all our ambitions for citizen engagement, access and coordination of services. We must ensure that we can hear citizens’ voices clearly as our policy programme develops and that this has a real impact on service planning, design and integration5.”
The Panel believe that more work needs to be done on a practical level to promote a better understanding of the whole role amongst local government officers who are the gatekeepers for meeting the support needs to councillors. The Panel believe that if their recommendation to introduce a separation between the executive and
5 A Shared Responsibility.
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266 non-executive functions of the council was accepted (see Recommendation 2) then there would be a renewed emphasis on local authorities to ensure that officers acquire a sound understanding of both the executive and non executive functions of the council as well as the breadth of a councillor’s role within the council and within their communities.
Recommendation 5
Work should be undertaken within local authorities to further raise the awareness and recognition of the different roles that councillors undertake, in particular ward representation in their communities. This could be achieved by involving members and including this aspect of their role in the induction and development programmes of all council officers.
The Role of Political Parties in Enhancing Understanding
A lack of recognition and understanding of the role of elected members is not only a problem for local government internally. It can potentially lead to the recruitment of candidates who do not fully appreciate the role and therefore are not committed to fulfilling it in the way which is expected and indeed required in order for local government to meet the very many challenges it faces. Those people who do have perhaps been encouraged to stand as candidates and who are then elected are often shocked by the complexity of the role, level of commitment required and the times it places on their time.
Support from political parties in explaining the role to potential candidates appears to be variable. The Panel believe that a better understanding of the role is crucial to recruiting suitably qualified people to the role and that this should be considered by political parties who have a considerable responsibility in recruiting people who can meet the demands of being a councillor in the current context. In this respect the Panel welcomed the development of the Candidates' Guide which was been produced by the WLGA in the run up to the last election. The Panel believe that the guide is a useful tool which would benefit from further promotion by political parties amongst the candidates and potential candidates that they are in contact with.
Recommendation 6
Political Parties should:
a. make better use of the Candidates' Guide developed by the WLGA amongst candidates and potential candidates; and b. consider developing or, where they already exist, standardising their own role descriptions to match with the WLGA role specifications to inform the candidate selection process (although the part of the councillor role related to representing their political party would remain the responsibility of each party).
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267 Public Perception and Understanding of the Role of Councillors
Understanding Governance in Wales
In general the Panel are in agreement with the views expressed by the Councillors Commission that the public perception of local government is poor and confused: “the public has little idea at all about what local government is, even less about how it works6”. In Wales, it is possible that there is even more confusion amongst the public with regards to the roles of local government, the National Assembly, the Welsh Assembly Government and the Westminster Government. Research commissioned by the Assembly Commission into public attitudes towards, and public knowledge of, the National Assembly for Wales7 found that whilst there was, on the whole, a fair understanding of the basic devolution settlement the survey also indicated that many Welsh citizens are unclear about the distinction between the National Assembly for Wales and the Welsh Assembly Government, with 52 per cent admitting that they know only “a little” about the National Assembly. The devolved context has presented significant challenges in enhancing public understanding of the responsibilities of different levels of government in Wales. Whilst the National Assembly is a relatively new body which may attract additional interest and certainly media coverage, the workings of local government appears to remain a mystery to many people. Furthermore, there is also scope for confusion in the differing community leadership roles of the county councillor, the community council and its individual community councillors.
The Panel believe that not only is it important for the public to gain a better understanding of local government, there is also a need for the Welsh Assembly Government to develop its own understanding of the reality of what happens in councils. The Panel believe that the lack of understanding of the role of councillors, councils and other tiers of government in Wales needs to be addressed and there is a role for the Welsh Assembly Government in promoting local democracy and encouraging participation. There is a statutory duty for the Welsh Assembly Government to promote local government as well as a moral and social responsibility to enabling democracy. In order to assist local government there needs to be a new alliance and level of trust, possibly a concordat, between the Welsh Assembly Government and local government.
Recommendation 7
The National Assembly, Welsh Assembly Government, the WLGA and One Voice Wales should lead a Governance Wales Campaign which would seek to clarify and explain to the public the responsibilities of the different tiers of government in Wales and what different types of representatives do.
6 Representing the Future – The Report of the Councillors Commission, December 2007. 7 The National Assembly for Wales; Public Attitudes 2008, Prof Roger Scully (Institute of Welsh Politics, Aberystwyth University) with additional contributions by: Prof Richard Wyn Jones and Gwenan Creunant (Institute of Welsh Politics, Aberystwyth University), Richard Glendinning and Vicki Wright (GfK NOP).
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268 Public Perception of Councillors
Not only is there confusion amongst the public about the way in which local government works, but there is also confusion about what local councillors actually do. A literature review commissioned by the Councillors Commission points to evidence from focus groups with the general public in Scotland which found: there was a distinct lack of knowledge and awareness of what councillors do. There was a widespread perception that councillors spend a lot of time attending meetings. Few respondents were able to cite examples of the sort of contact councillors might have with their constituents or the range of problems which a councillor might have to deal with8. This finding is corroborated by studies undertaken in England, where few of the respondents had more than a rough idea of what councillors do9.
As well as having the effect of recruiting people who do not fully understand the requirements of the role, the Panel believe the lack of clarity around a councillor’s role has the effect of restricting the pool of people who may consider becoming councillors. This, the panel believe can occur because people do not understand the role and how it could be something that they might want to consider doing. In addition the lack of understanding often leads to a negative public image of councillors which is off-putting to potential candidates.
In their review on Widening Access to Council Membership, the Scottish Executive concluded that in some cases the ethos of councils needed to be changed in order to make local government more attractive to talented people from currently under-represented groups. They summed up the evidence they had heard by reflecting on comments made to them by one local government officer who said:
“A major barrier to participation is the image of local government. The perception is that it is the preserve of older men, constituting a wide ranging ‘old boys network.’ In surmounting this barrier, the role of the media is crucial. Until local politicians are viewed more positively, people will be averse to becoming involved10.”
Indeed a consistent message in the literature reviewed by the Councillors Commission is that the poor public image of councils and councillors is a significant barrier to participation in local politics. The impact that this has on discouraging currently under-represented people to consider becoming councillors was, the Councillors Commission concluded, most prominent amongst young people, an issue which is considered later in the report.
The lack of understanding of the role was evidenced by community activists who were interviewed for research commissioned for the Councillors Commission11. Even amongst this group, whom it could be considered should have had some
8 Granville and Laird, 1999. 9 Taylor and Williams, 2006a; White et al., 2006. 10 Renewing Local Democracy; Report of the Widening Access to Council Membership Progress Group, Scottish Executive, 2005. 11 Understanding the barriers and incentives to becoming and remaining a Councillor in England, Dawn Hands, Rachel Taylor, Sally Featherstone, BMG Research, Professor Tony Bovaird, University of Birmingham, December 2007.
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269 involvement with their local councillor, knowledge and understanding of the role of councillors was low.
Their views also appear to reflect the views of the wider public, many of whom believe that councillors are in it for self gain, either financially in terms of allowances or because of a desire to be an important figure within the community. This group of people, the Commission found also believed that councillors had very little power and that decisions were generally made by a small clique of councillors or by central government - the role of the backbench councillors was in their view, therefore, somewhat insignificant.
The perception that this group of community activists had about councillors (as ill-informed as it may be) led them to believe that there was no benefit to them becoming councillors in terms of improving their communities. Many expressed a view that they can be more effective ‘on the outside’, in their current roles than from within the system.
However, as with other research, most of the community activists who had had direct contact with local councillors believed them to be hardworking with good intentions, trying their best to make a difference locally. Amongst this group, it was felt that councillors can be particularly effective at casework and excel at the community champion role. The Commission’s research found that people were far more likely to value their councillors more highly when they had met and dealt with them12. These findings therefore pose questions as to whether local authorities themselves should be doing more to promote the role of councillors and to support councillors in engaging with their communities.
A Duty to Facilitate and Promote Democratic Engagement
In light of the above, the Panel believe that it is essential for attempts to be made not only to promote a better understanding of the role of councillors amongst the public but to actively encourage and support better engagement by councillors with their communities. It is clear that many local councillors themselves believe that they put considerable effort into communication and engagement but this is not a view which is shared by the public. Ipsos MORI’s research found that whilst 43 per cent of the public felt that councillors were out of touch only seven per cent of councillors thought this to be the case. Similarly 69 per cent of councillors questioned believed that they made decisions which were in touch with local views but only 19 per cent of the public agreed13.
Evidence14 suggests that the public believe that the primary role of councillors is to listen to the views of local people and less than a quarter believe that it is important for councillors to address issues affecting the whole area. This dichotomy in the expectations the public have of their local councillors and the expectations that local and central government have of councillors in meeting the demands of delivering services across boundaries in the most efficient way presents a particular challenge in improving the image of local councillors and of local government. Communication
12 Ibid. 13 Research conducted by Ipsos MORI on behalf of the LGA into the public perception of Councillors. 14 Ibid.
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270 and engagement are seen by the Panel as crucial to fostering a better understanding between local government and the public.
As a means of addressing this, the Councillors Commission recommended that:
“Local authorities should be charged with a statutory duty to facilitate local democratic engagement by:
a. proactively disseminating clear and accessible information on how local governance works: what councils and councillors do; what the responsibilities of other agencies are; how local agencies relate to one another (or not); even how to register to vote and how exactly to vote; b. facilitating more active civic participation in a range of areas (such as tenants’ and residents’ associations, school governorship etc). This may well require a more specific capacity building/community development approach; c. raising interest in and providing information on how to stand as a councillor; and d. proactively promoting the role of councillors and the activities of elected members.
Principal authorities should also provide information and facilitate democratic engagement in respect of the parish and town council tier.
To support this recommendation central government departments must work far more effectively together than hitherto, to ensure a consistent and positive approach to local government15.”
The Panel agree in principle with the intention of the statutory duty as they felt that it would be a useful tool in encouraging local authorities to consider how they can promote a better understanding of their work and the work of their members and improve democratic participation. Such a duty it is felt could be exercised by officers directly supporting the council/non-executive members if the recommendation to introduce a legal separation of the executive and non-executive functions of the council with separate funding streams was accepted (see Recommendation 2). Not only would such an arrangement protect the central provision of members’ services but part of the new function would be to work to promote a better understanding of the role of councils and councillors themselves.
The Panel noted that there are already some good examples in Wales of councils actively seeking to promote a better understanding of local government and the role of local councillors. It is felt that, as a small country, it should be easy to share good examples for effective promotion of local democracy. A statutory duty coupled with new arrangements as outlined above (see Recommendation 2) and the provision of advice and support from the WLGA would place a greater emphasis on this work and would encourage the sharing of best practice amongst authorities.
15 Recommendation 1 Representing the Future -The Report of the Councillors Commission.
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271 Recommendation 8
Local authorities should be charged with a statutory duty to facilitate local democratic engagement. This should be supported by the production of guidance from the WLGA.
Supporting Engagement with Under-represented Groups
As well as specific measures to enhance communication which are discussed below, the Panel believe that it is important for local authorities themselves to recognise the importance of identifying opportunities for councillors to engage with their communities and wider area and that consideration of this should be given to all councillors not just those with executive portfolios.
Council officers come into contact with the public on a daily basis, whether that is by providing funding to local parent and toddler groups, by engaging with local businesses, consulting on equality schemes or by supporting tenants’ and residents’ associations. Conversely there are many groups who ward councillors may come into contact with who could benefit from direct links to the relevant council officers and departments. The Panel believe that the public, local councillors and local authorities themselves would benefit from better co-ordination between the contact that officers and councillors have with the communities they serve.
The ability of the very many local government officers who work with communities to connect with under-represented groups offers opportunities which may not be as easily available to councillors, particularly in engaging those groups who have been traditionally 'hard to reach' or 'seldom heard'. Some groups are unlikely to engage with their local councillors and yet may come into contact with the official side of the council, through attending housing or benefit advice centres, attending English language courses, or being involved in consultation exercises via specific organisations. The Panel believe that both these individuals and councillors could benefit from being connected as the councillor would be fulfilling their representational role to those who it could be argued are in the most need as well as developing a better understanding of the issues that these people face.
There is an argument to say that this type of engagement is important, not only in terms of improving the reputation of councils and councillors and enhancing their understanding of the needs of these groups but also in terms of encouraging people from under-represented groups to consider becoming councillors themselves. The Panel therefore believes that it is vitally important for council officers to actively seek opportunities to involve local councillors and community and town councillors in their work when engaging with community based projects or initiatives which specifically target people from traditionally hard to reach or seldom heard groups.
Recommendation 9
Local authorities should put in place arrangements which ensure that council officers recognise the importance of working with and supporting councillors to engage with their communities and particularly, where appropriate, with marginalised, seldom heard or so called “hard to reach” groups.
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272 Barriers to Communication
In addition to promoting better understanding amongst council officers of the importance of seeking opportunities to encourage active engagement between councillors and community groups the Panel were resolute in their view that local authorities should provide councillors with sufficient support to enable them to communicate with, and promote their work to, the public. However the extent to which councils are able to do this is restricted by the Code of Conduct on Publicity. The Code was published in the 1980s and was a response to central government’s suspicion that certain councils were using local authority funds to make political statements. It is now regarded by many councils to have an overly restrictive impact on the council’s ability to promote the work of their elected members in a new era where the role has developed and innovative tools of communication are essential for public engagement.
Recommendation 10
The Panel agree with the recommendations of the Councillors Commission that the Code of Practice on Local Authority Publicity should be reviewed by the Assembly Government.
Support for Communication
Although important, the Panel believe that it is not enough to simply remove the barriers which may prevent local authorities from effectively promoting the work of their members; they must be actively encouraged to provide the necessary support for communication and engagement. Likewise councillors should be encouraged to be proactive in providing the electorate with information on their activities in both in the community and the council chamber.
The latest ‘Trust in Public Servants’ survey published by the Committee on Standards in Public Life in November 200816, shows that only 54% of people trust their councillor. Whilst this ‘trust rating’ is higher than AMs generally (51%) and local government officers (51%) and MPs generally (42%), when asked whether they trusted their own AM or MP, the rate was much higher (55% and 60% respectively - the question relating to ‘your local councillor’, however, was not asked). These figures reflect the views of the Panel that councillors need to engage more effectively with their local communities and should seek to account for their activities. Better engagement, the Panel believe, will lead to a better understanding of the role of councillors and has the potential to ignite interest in participating from ordinary members of the public and, in particular, from under-represented groups who may have otherwise bought into the negative perception of councillors that is generally evident.
Some of this can be achieved through regular newsletters, which most local councillors distribute. However, it is felt that the limitations of such communications may restrict the ability of councillors to give an accurate account to their constituents of the extensive work they undertake on their behalf both within their communities
16 http://www.public-standards.org.uk/Library/Survey_of_public.pdf.
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273 and within the council, through committee work, motions and debates in full council and their spearheading campaigns on particular issues. The Panel believe that the publication of an annual report would assist in conveying the breadth of a councillor’s work to their communities and promote better democratic engagement and therefore councillors should be encouraged and supported to produce one.
Recommendation 11
Local authorities should make arrangements to support councillors to publish (as a minimum on the website) an annual report of their work both in their communities and within the council.
A Communication Allowance
There appear to be varying levels of support provided to councillors for communicating with their electorate across Wales. Most councillors use traditional methods of communication such as letters sent through the mail and newsletters which are usually hand delivered. Whilst the cost for individual letters is generally covered by each local authority, it appears that some place restrictions on the number of letters that can be sent and the circumstances in which they can be sent. More extensive communication in the form of newsletters and reports are, in some instances, even more restricted and there is sometimes an assumption that even if the communication relates solely to the work of the councillor and/or community issues that it could be seen to be promoting a political party or policy. Even where some support is provided for producing newsletters, there is an assumption that either the councillor or local party activists will take responsibility for distribution. This can present problems for independent councillors who do not have the support of a party machine and even for councillors who represent political parties in a time of declining party membership and activism.
This not only has an impact on the ability of a councillor to communicate as frequently as he or she may wish with the electorate, but also has implications for the time demands of the role, which will be discussed in more detail later in this report. The Panel believe that the lack of support for this vital form of communication places an unnecessary burden on councillors and has a negative impact on their ability to increase the understanding of their role amongst the general public.
The Panel believe that local authorities should improve the support they provide to their members to communicate with their communities. In addition to this, councillors should be given some flexibility in the way in which they communicate with the public and that an allowance for this specific purpose may be appropriate. The Panel welcome the review of the IRP and believe that the IRP should consider this issue as well as bearing in mind the fact that the Assembly Commission are reviewing AMs’ allowances and recommendations may emerge from that which should be considered.
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274 Recommendation 12
The independent Remuneration Panel should consider making a communication allowance available to councillors which could be used to fund communication with their electorate. This expenditure should be accounted for in an annual report and any communication would need to adhere to the Code of Practice on Local Authority Publicity.
Communicating in the 21st Century
As well as more traditional means of communication, the Panel believe that greater use of information technology and digital communication (web pages, facebook, blogs etc) is essential to engage communities, particularly children and young people. The WLGA has developed a Charter for Member Support and Development which local authorities can sign up to and this is considered to be a welcome development. However, whilst the Charter does specify that councils should provide IT equipment (computer) and software packages including email, internet access and training in the use of these, it does not cover the types of additional support that councillors may need to communicate effectively with their communities and it is not a mandatory requirement for local authorities to sign up to the Charter
A number of authorities provide ICT equipment, support and training to councillors including:
City & County of Swansea Member Services support certain aspects of surgery and ward work by booking and paying for surgery venues and organising posters to be designed and printed. Whilst members are responsible for their own advertising of surgeries, each may take up the offer of having a notice of surgery date, time and venue placed on their individual page on the authority website. The officers will take dictation of letters and then return to the member or will post out on their behalf. A room where a member and support officer may meet for the dictation of confidential correspondence is provided. Large scale ward mailings can be supported though justification of the need must be provided by the member and any such mailing cannot be of a party political nature. If requested by a member, the officers can take messages, refer calls on and carry out any necessary research to deal with a constituent concern on behalf of the member. All members are provided with their own laptop or desktop computer (according to the member’s choice), colour printer and scanner. Broadband can be provided or the member can opt out of this ICT provision and receive an allowance instead. A 24 hour helpline is available to all those who have opted in to the ICT scheme. Training on a one-to-one basis is provided to members at their convenience within County Hall. A full range of member rooms is provided and members may also have rooms booked for them, e.g. for meetings with constituents, through the Member Support Service.
Merthyr Tydfil County Borough Council provides all members with their own laptop computers. In supporting their ICT use, introductory one-to-one training is available, broadband is supplied at home and access provided to the authority's helpline.
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275
Flintshire County Council was awarded the Wales Charter for Member
Support and Development in October 2008. The authority features many areas of
excellent practice and the peer review team were particularly impressed with the
library, telephony service, the referral service (chasing up correspondence and
replies), correspondence and provision of newsletter desktop publishing available
to individual members that may be arranged through personal visits to the office,
via email and by telephone. The authority provides an ICT Training Portfolio for
Members that covers all basic programs (not web pages) and has carried out a
Member ICT Training Needs Analysis since the May 2008 elections.
Caerphilly County Borough Council received the Wales Charter for Member
Support and Development in 2007 and was commended for excellent practice
with regard to their provision of group and member offices and specialist library
facilities. Equally their provision of information technology facilities, maintenance,
training (one-to-one and groups), helpline, and personal support was commended
as excellent practice too. Member services provide assistance with typing and
layout of newsletters and posters (within reason and legal constraints) and can
arrange printing on behalf of the member who is then charged for the cost of
printing. Letters may be typed for members and support to find the right person to
address a constituent concern is offered.
Whilst some councillors have already begun to embrace the digital age, many others do not possess the relevant skills to be able to communicate in this way and require support and training from local authorities to do so. Concerns over monitoring content of websites and blogs have been expressed by local authorities and highlighted as a reason why they have failed to support this type of communication channel for their members. However, it is the view of the Panel that it would be enough to provide councillors with the skills to enable them to develop new communication methods, rather than support this through the council’s own website for example and responsibility for content should rest with the individual member.
Recommendation 13
Councillors should be actively encouraged to embrace the digital age in communication with their communities. In line with the WLGA Charter, local authorities should provide all elected members with training opportunities on using appropriate IT packages and communicating through digital media (such as developing websites and blogging), as well as ongoing IT support. Wherever possible, such training should be opened up to community and town councillors.
Councillors and the Media
Whilst government, local, national and central could do more to promote a better understanding of local government and the role of local councillors, the Panel believe that with a significantly higher circulation than Wales's only national newspaper, the press at a local level has a significant impact on the perception that local people have of their councillors. Whilst on one level it appears that the public have little interest in local politics, the Panel heard that for at least one local newspaper, the
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276 local government elections were of significant interest to its readership with circulation increasing considerably when results are reported. Local newspapers clearly have a duty to report stories which they believe will be of interest to their readers but concern was expressed about the way in which stories about local government and councillors themselves were covered. The massive interest in and negative reporting about councillors’ allowances, for example, has not always explained the considerations behind any review of the allowances structure and exacerbates, if not creates, a public perception that councillors are ‘in it for themselves’.
In illustrating this point, the Panel reviewed how one newspaper provided balanced reporting of the initial Report of the Independent Remuneration Panel (IRP) in September 2008 with the headline ‘Councillors’ pay rises will match council workers’, but only a month later sensationalised one authority’s decision to comply with the IRP’s recommendations with the headline ‘Councillors give themselves more allowances despite crisis’. The print media has a great responsibility in influencing public perception. Such a responsibility must be exercised more conscientiously if a wider understanding of the role and responsibilities of a councillor (and thus participation) amongst the general public is to be achieved.
However, the Panel accepted that ultimately newspapers will print stories which sell newspapers and therefore it is incumbent on local authorities and individual councillors to continue to work to promote the good things they do as well as challenge the negative stories if they believe them to be unfair. Central to this is the ability of local authorities to build relationships with the local media and to ensure that their elected members are also able to build these relationships. Assisting councillors to improve their relations with the media is central to enhancing their community leadership role and promoting a better understanding of the role of councillors and the work of the local authority. Whilst most councils have press officers who field press enquiries as well as taking proactive steps to promote positive news stories on behalf of the local authorities, these services are in the main directed towards serving the council as a corporate body and/or the function of the executive rather than promoting the wider work of their councillors.
This can result in missed opportunities for promoting the good work of councillors which should be done regardless of status within the council or political affiliation. It also impacts upon the ability of individual councillors to carry out their role as community leaders. Councillors are often called upon to provide comment in times of crisis as well as to explain the challenges and opportunities the council faces and their approach to meeting these. It is important therefore that elected members are supported in doing this, both by providing training opportunities on media relations and also by providing ongoing advice and support for communicating with the media for all elected members. The Panel believe that if the recommendation to introduce a legal separation between the executive and non executive functions of the council (see Recommendation 2) is accepted then the promotion of good press and media relations for non executive members would be a primary role of the new structure which supports them.
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277 Recommendation 14
Local authorities should provide training and ongoing support in dealing with the press and broadcasters for all their elected members. Wherever possible, such training should be opened up to community and town councillors.
Media Coverage of Local Government
The Panel determined that most reporting on local government was done by local newspapers. It concluded that that presented a challenge as the majority of people, particularly young people, received their news from other media, particularly UK broadcast media, which the Panel believe shows a distinct lack of reporting of local government. The Panel believe that there is little justification for this when local government is so crucial to providing the services which most impact on people’s daily lives.
With regard to the BBC in particular, the Royal Charter places a duty upon it of “sustaining citizenship and civil society” and the Panel believe that this clearly includes enhancing understanding of local democracy. Section 264 of the Communications Act 2003 also requires the BBC to provide, to the extent that it is appropriate, for facilitating civic understanding and well informed debate on news and current affairs, a comprehensive and authoritative coverage of news and current affairs.
The Panel does not believe that the current coverage of local government by the BBC, and other Welsh broadcasters, lives up to these expectations. It welcomes the commitment made on 15 January 2008 by the BBC Director General, Mark Thompson, when he said: "We want to take our coverage of Westminster, the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly, the European Parliament, as well as local councils up and down the land and turn them into the most engaging, the most creative multi-media portal for democracy in the world, using BBC Parliament and our other television networks, radio, the web and mobile.” The Panel welcome this commitment and look forward very much to hearing about how this project might be taken forward but is not aware of any announcements that have been made subsequently.
Recommendation 15
The Welsh Assembly Government, WLGA and One Voice Wales should initiate discussions with the public service broadcasters in Wales and Ofcom to identify what role these broadcasters could play in enhancing the coverage of local government, and, in particular, how the BBC will carry out the commitment given by the Director General in January 2008 to improving coverage of local government.
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278 From Contemplation to Candidacy
Arguably the first issue which impacts on an individual’s willingness to put her/himself forward to become a councillor is the lack of understanding of the role and the negative perceptions which are held by the public and the media. However, it is clear that barriers exist for those people who have developed an interest and better understanding of the role in terms of their ability to take the next step to candidacy.
With the four main political parties being responsible for recruiting the majority of county and county borough councillors in Wales (no data exists for community and town councils), the importance of considering the way that they go about this recruitment and selection process and the type of ongoing support they offer cannot be underestimated. For instance, much early work in political science demonstrated that individuals who are contacted and ‘nurtured’ by political parties are both more likely to vote and also to become active participants in political affairs17.
The Panel noted however, that at the May 2008 local election the largest proportion of councillors amongst the 1264 elected in Wales were independent members. These councillors do not have the support or ‘nurturing’ of a political party and some may have been elected with little advice or guidance around expectations and the role and responsibilities of a councillor. Therefore, the resources produced by the WLGA with Welsh Assembly Government funding, including the Candidates Guide, the suite of induction modules and the individual e-learning CD ROMs are important in widening such understanding and the roles and responsibilities of elected members.
The Culture of Local Government
There are a number of reasons why under-representation of certain groups is evident in local government. Some of the problems relate to the lack of specific support that certain groups may need in order to encourage them to consider becoming councillors, which is discussed elsewhere in the report, and some of which relates to the culture of local government. Research18 which examined gender and political processes in the context of devolution points to a view that the culture of local government is male dominated and in order to fit in with it women had to behave like men. In addition there appears to be concern that local government is not family friendly and that there is a lack of understanding within local government itself of the extra barriers that women may face in terms of juggling their commitment with childcare and domestic responsibilities. One female Assembly Member who was previously a member of a council in Wales commented on the difference between the culture of the council of which she was a member and the National Assembly.
"It was largely made up of older men who felt that the place for a woman was in the home, and also that they had a right to run everything locally.”
17 Berelson et al., 1954; Campbell et al., 1960; Wolfinger, 1963). 18 Gender and Political Processes in the context of Devolution. Nickie Charles (Principal Investigator), University of Warwick, Charlotte Aull Davies and Stephanie Jones (Co-investigators), Swansea University. Funded by the ESRC RES-000-23-1185.
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279 "There was a view among councillors that the culture of local government was male dominated and that that in order to fit into it women had to behave like men19’.
The lack of black and minority ethnic councillors may also prevent a good understanding of the issues affecting these communities and the particular challenges that councillors or potential councillors from these communities may face.
The Party Selection Process
It is clear that party selection processes play a crucial role in ensuring that a balanced mix of candidates are selected. Whilst offering specific support for and encouragement to candidates from under-represented groups can make a difference to the number of people from these groups who stand for election, the most direct way of improving the representative proportionality of candidates coming through the party selection process is through the use of special measures. In other parts of the world quotas are routinely used for the purpose of securing more representative democracies. Belgium for example requires parity of men and women on candidate lists; France has gender parity for municipal elections in authorities with populations over 3,500; Greece operates a system which requires an equal percentage of male and female candidates for local and regional elections; Portugal has a 33 per cent quota for the under-represented sex; Serbia at least 30 per cent of each sex, with every fourth place reserved for the under-represented group; Slovenia has every third candidate of the under-represented sex; and Spain, where all elections have to have a minimum of 40 per cent and a maximum of 60 per cent of either sex20.
Fundamental to the quota system is the belief that there needs to be a critical mass of women, generally accepted to be around 30 per cent, in order to make a difference to the policy agenda which is pursued. In the UK, the Labour Party’s use of special measures undoubtedly produced an increase in the number of female representatives. The use of all women shortlists by Labour for the General elections in 1997 and 2005 led to an increase in the number of female Welsh MPs from only one to seven by 2005 (five of which were selected through the use of all women shortlists). Although women remain under-represented amongst the seats held by Labour in Westminster, the use of special measures has clearly made a difference when compared with the other main political parties who have not used special measures for parliamentary seats in Wales, as only one, the Liberal Democrats, has a female Welsh MP.
However the most significant impact in terms of women’s representation was achieved in selections for seats in the first National Assembly where a twinning system was used by the Labour Party to ensure that there was a gender balance amongst candidates selected for the 40 constituencies and the regional lists. It is clear that this system was key to producing the only gender balanced legislature in the world. The list system was also used in attempt to increase the representation of Black and Minority Ethnic (BME) candidates by putting them at the top of some of
19 Female AM, and former member of a council in the South Wales Valleys interviewed for research above. 20 Councillors Commission Research Report 3 -Improving the Representativeness of Councillors; An International Literature Review, Nirmala Rao, Goldsmiths, University of London Lesley Grayson and Ken Young, King’s College, University of London, December 2007.
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280 the regional lists but this did not prove successful due to the way in which the d’Hondt system allocated the seats within the regional lists.
Plaid Cymru has nevertheless had some success in promoting the representation of women in the National Assembly through prioritising women candidates at the top of their regional lists. They have also been successful in using this system to increase representation of BME members and most notably this method of prioritisation secured the election of the first BME Assembly Member.
These measures have certainly increased representation of women and it is reported that the move towards greater gender balance has exerted a strong influence on the post-devolution equality agenda21. In local government special measures were used by the Labour Party in the 2008 elections. Wards with more than one candidate were required to ensure that lists of candidates were gender balanced and whilst this will certainly have had the effect of increasing the number of female candidates it is not yet clear how significant this step alone was in increasing the number of women elected from 22 per cent in 2004 to 25 per cent in 2008.
Although the use of special measures clearly achieves results, they have not been without controversy. For some people positive discrimination is seen as unnecessary and potentially demeaning and is fundamentally in conflict with the proposition that candidates should be selected on merit. For others the use of special measures is about fairness not favours as they argue that past evidence shows that candidates are not always selected on merit without special measures and they are necessary to overcome discrimination which is inherent in the party selection process. Without them it would take over 200 years to achieve gender balance in the UK parliament22 and another fifty years at least to achieve gender balance in council chambers if the small amount of progress seen over the last decade continues at the same rate.
Securing proportionate representation of black and minority ethnic people in all levels of government is likely to take even longer. In Wales there are no black or Asian MPs or MEPs, only one Asian Assembly Member and fewer than ten black or Asian councillors, all of whom are men. The Panel believe that in order to make the progress that is required to make councils in Wales more representative of the communities they serve, political parties should give consideration to the use of special measures both for women and individuals from black and minority ethnic communities. In almost all of the countries where women’s representation is at its highest some form of special measures in the selection process is used.
The Panel welcome the proposal contained in the Equality Bill to extend the provision for positive discrimination in selection process for women but believe that similar action should be taken to permit special measures to be used to select BME candidates, as without this political parties may only be able to use targeted support and encouragement as a means of bringing BME candidates through the system.
21 An Absolute Duty Equal Opportunities and the National Assembly for Wales, Paul Chaney and Ralph Fevre, 2002. 22 Sex and Power: Who Runs Britain, Equality and Human Rights Commission 2008.
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281 Recommendation 16
The UK Government should consider including a provision in the forthcoming Equality Bill which will allow political parties to use special measures for the selection of black and minority ethnic candidates. Political parties should be encouraged to use special measures for women which are already permissible in their selection processes in order to ensure that a balanced list of candidates are standing for election.
What else can the parties do?
The Panel agreed that whilst the use of special measures in selection processes was the most effective way of addressing the current under-representation of women and people from BME communities in local government that both political parties and local authorities themselves should also be using ‘softer’ special measures to increase the diversity of people seeking election.
Political parties can play a role in using the diverse candidates they do have to perform an ambassadorial role. A lack of visibility of ‘people like me’ amongst elected representatives can instil a belief amongst under-represented groups that this type of political engagement is not for them and therefore it is important to have role models to promote the role as something that people from any background can do if they are passionate about serving their community.
The Panel believe that to some extent representative proportionality can in itself improve representation. An audit of political engagement undertaken by the Electoral Commission shows that overall women are as likely to turn out to vote in elections as men, but that they tend to be turned off by male-dominated Westminster politics. However, this report also demonstrates that the presence of women candidates increases women's turn out and the extent of their political engagement. In seats with a woman candidate, women voters are more likely to turn out than men (a gender gap of four percentage points).
... in 2001 in seats where a woman MP was elected to Parliament women’s turnout was 4% higher than men’s... women were far less interested in the election campaign, and less likely to say they would volunteer to work for a candidate or party, in seats where a male MP was elected23.
Active engagement with under-represented groups, training and mentoring and ongoing support for new councillors is also seen as crucial. In five case studies examined by the Councillors Commission24, local parties were instrumental in recruiting under-represented groups and, consequently, improving levels of representative proportionality. For example, in an Outer London authority local
23 Electoral Commission (2004) Gender and Political Participation, London: The Electoral Commission. 24 Councillors Commission Research Report 4 - Improving the Representativeness of Councillors - Learning From Five High Performing Local Authorities in England Peter John, Francesca Gains, Matthew Goodwin, Liz Richardson Institute for Political and Economic Governance, University of Manchester, Nirmala Rao, Elizabeth Evans Goldsmiths, University of London, December 2007.
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282 Conservatives advertised for candidates in a local newspaper with the aim of attracting Conservative-minded people who may not have previously thought about political involvement. Response rates for this initiative were seen as good, with interested residents subsequently being invited to a follow-up evening discussion. The attendees were not party members at the time but party supporters. Following that evening, it was planned that those who were still interested in becoming councillors were going to be interviewed in order to establish that they definitely wanted to stand as Conservative candidates.
Other examples of proactive recruitment practices were evident in one case study where local Liberal Democrats made a conscious effort at the last election to recruit local people who were not stereotypical ‘political animals’. Importantly, the Liberal Democrats have also played an active role in promoting the inclusion of younger councillors. In one case a Liberal Democrat councillor had established an internet-based social network on the ‘Facebook’ website in an attempt to keep in touch with party supporters and prospective local candidates.
The Labour Party in Wales has taken proactive steps to engage with ethnic minority communities, such as by visiting mosques and community groups run by and for ethnic minority groups and by holding an annual Eid party which is attended by some 300 plus people from BME communities. This is also true of Plaid Cymru who holds Eid celebrations and also visits mosques, temples and places of worship on a regular basis, as well as reserving places on its National Executive Committee for women, young people and BME communities. Further, there is a grassroots ‘Muslims for Plaid’ Group which was established in 2004. Party officials report that these initiatives have led to an increase in the number of BME candidates standing for election for Plaid Cymru, although at the time of writing it is unclear what impact this has had on the number of BME councillors.
Recommendation 17
The Electoral Commission should assist political parties in Wales to identify and take account of good practice from other parts of the UK and learn from other parties in measures to engage with under-represented groups and support them through the process of selection and candidacy.
Outside the ‘Party Route’
The Panel also accepted that for some people the perceived need to be involved in a political party in order to enter local politics was a barrier. A study by the Scottish Executive identified particular challenges faced by those who wanted to stand as Independents, such as the lack of practical and financial support, which could be difficult to overcome25. This finding was supported by the findings of researchers commissioned by the Councillors Commission to consider what lessons could be learnt from five local authority areas characterised by a higher than average
25 Renewing Local Democracy; Report of the Widening Access to Council Membership Progress Group, Scottish Executive, 2005.
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283 level of descriptive representative proportionality26. This research found that some councillors resented the way in which local residents are forced to go through a party and explained how standing as an Independent would be “virtually impossible”. It is important therefore to ensure that mechanisms are put in place to ensure as far as possible that advice and support on process and practicalities are made available to people who may wish to consider standing as Independents.
Recommendation 18
The Candidates’ Guide produced by the WLGA should be available to potential candidates prior to every local government election and steps should be taken by the Electoral Commission to promote the guidance which is available to all candidates, particularly to independent candidates who do not have practical support provided by a political party.
The Cost of Candidacy
For some under-represented groups the issue of support during candidacy and after they have been elected is a particular problem. For disabled people it seems that any specific adjustments or support that they may require to enable them to be candidates would have to be self-funded. This would pose particular difficulty to a candidate who was, for example, deaf and who would have to fund communication support himself/herself in order to fight an election campaign. The position of councillors is slightly different in that an obligation is placed on the local authority to make reasonable adjustments in accordance with the Disability Discrimination Act. However, anecdotal evidence suggests that the level of understanding of the obligation to provide support for disabled councillors in both their ward and council role is varied and some councils may provide support for some activities but not for others.
People with caring responsibilities may also encounter barriers to standing for election. Help with the caring costs is not available to those standing for election and therefore candidates with caring responsibilities, who are most likely to be women, may be deterred from seeking election because of the lack of provision for care or because of the cost associated with it. This issue has in part been addressed for those with caring responsibilities once elected through the provision of a carer’s allowance which was introduced into the allowances framework in 2002, but it remains a potential barrier for those considering candidacy. The Panel heard of Emily’s List, a charitable organisation which exists, to which female candidates within the Labour Party can apply to receive some help with the cost of candidacy, particularly childcare but it appears that this is not well publicised or easily accessible and is only open to Labour candidates. The Panel is not aware of any other organisation which exists to support candidates from under-represented groups from other parties.
26 Councillors Commission Research Report 4 - Improving the Representativeness of Councillors - Learning From Five High Performing Local authorities in England, Peter John, Francesca Gains, Matthew Goodwin, Liz Richardson, Institute for Political and Economic Governance, University of Manchester Nirmala Rao, Elizabeth Evans Goldsmiths, University of London, December 2007.
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284 Recommendation 19
The possibility of establishing a fund to support the specific needs of people from under-represented groups to become candidates (such as meeting accessibility needs, childcare and communication support where English is not a first language etc) should be explored by the Welsh Assembly Government in conjunction with the Electoral Commission.
The Role of Local and Central Government in Encouraging Participation
It is clear that it is important for the parties to reach out to people from under-represented groups but both central and local government also has a role to play in this. Whilst local authorities cannot play a role in the selection procedures which are used by political parties, they can perform a useful task in engaging potential candidates and providing them with opportunities to gain a better understanding of the role of councillors and the time commitments involved, as well as gaining a realisation of the opportunity it presents to make a difference in their communities.
Many of the local authorities in Wales are performing such tasks at present. The Panel have been presented with a number of good practice examples during their deliberations and a selection of these is included here for completeness.
The variety of activities illustrates the initiative taken by electoral services officers and democratic services officers to widen participation by encouraging both candidacy and voting. Many authorities made effective use of their web sites and periodical newsletters to advertise the election, the need to register and vote, and opportunities for standing as a candidate. Furthermore, all their activities go some way to serving the object of informing the public of the role and responsibility of councils and councillors.
The Councillors Commission research found that, when prompted, respondents from all categories of those interviewed felt that training and support for would-be councillors was vital. In Wales, a Candidates Guide funded by the Welsh Assembly Government and produced by the WLGA for prospective councillors was produced and distributed before the last election. Comprehensive evaluation is currently being undertaken but initial feedback indicated that many candidates found it to be a useful tool and the Panel would support the development of this initiative for future elections.
The majority of local authorities placed a link to the web version of the Welsh Local Government Candidates’ Guide on their web sites. All those people confirming their candidacy (at the elections office) were given a copy of the CD version of the Guide directed to the web version and people showing an interest in standing were either furnished with a CD or directed to the web version.
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285 Denbighshire County Council has been active in promoting participation in the electoral process over many elections. In preparation for the 2008 ballot, the authority produced and published a bilingual booklet entitled ‘Thinking of becoming a Councillor?’ which was available on their website, at local authority centres and importantly at the series of road shows that were held around the county. The road shows were aimed at widening participation through becoming a candidate and by ensuring registration on the electoral roll and turn out at the election.
Blaenau Gwent County Borough Council held a series of information sessions for groups of people interested in standing for election and for each of the current political groups. In addition, outreach work was undertaken that encompassed a ‘Build your own Councillor’ session with Communities First and young people, creating a democracy mosaic with the youth forum and taking a democracy caravan to Ebbw Vale market. Officers staffing the caravan and other events wore T-shirts proclaiming “I’m doing it, are you? … Vote X”. A large banner was designed and created by officers to be sited at out-of-town shopping centres encouraging participation, leaflets, posters, beer mats and press releases were all utilised to extend the message to participate as widely as possible on very limited funds. The officers showed great resource and dedication to their role and responsibility to encourage participation in the democratic process.
Carmarthenshire County Council developed a specific Local Election 2008 logo for use in all publications, press releases and on their website. In addition, a series of school visits were organised and birthday cards were sent to all those turning 18 in the year running up to the ballot to encourage registration and then turn out at the polls. A variety of communications resources were deployed and included bookmarks, posters for use at all civic sites and placed on refuse collection and other authority vehicles, whilst youth workers and customer service staff were also briefed to use every opportunity to encourage participation.
Neath Port Talbot County Borough Council carried out a two-stage campaign with the first stage being targeted at registration while the second reminded electors of the date of poll and the importance of using their vote. A joint local radio promotion was devised with neighbouring local authorities, and a poster campaign was initiated utilising civic buildings as well as bus stops and commercial bill boards. The authority has also developed Youth Engagement and School Election packs to widen engagement, increase awareness and encourage participation.
In addition to providing people who show an interest in candidacy with appropriate material to enhance their understanding of local government and the role of councillors, it is considered that shadowing and mentoring opportunities could perform a key role in encouraging these people to move from contemplation towards candidacy. The shadowing scheme established by the Assembly Commission and Operation Black Vote (OBV) which involved BME people who were accepted on to the scheme being given a minimum of three days training and then being matched with willing Assembly Members who would provide them with a minimum of 10 days shadowing experience, was considered to be an important initiative.
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286 The Panel were impressed by the results the scheme had produced in its first year with three out of the eight candidates who joined the scheme progressing to become candidates (or on the approved list of candidates) for local government, Westminster or the National Assembly in three out of the four main parties. It was also found that not only did the participants take active steps towards becoming politicians themselves but many became actively involved in their communities, for example by setting up a residents’ association, becoming involved in civic life in other spheres (one became a magistrate) and maintaining involvement behind the scenes by working for an AM. There are examples of the scheme working in local government, in particular in Bristol where OBV operated a similarly successful scheme.
Similarly a scheme which aims to encourage the participation of women in public life is run by the Women Making a Difference Project has secured positive outcomes with a number of women who have gone through the programme going on to become candidates for election, school governors or have an involvement in civic life in some way. The Panel believe that the success of these schemes presents an opportunity to roll it out to local government in Wales and to widen its scope to include shadowing opportunities for people from other under-represented groups.
Recommendation 20
The Welsh Assembly Government should work in partnership with the Assembly Commission, the WLGA and other relevant organisations to develop an all-Wales shadowing scheme which would provide opportunities for shadowing and mentoring people from under-represented groups by councillors and AMs.
Engaging Young People
The Panel consider it important to include young people in opportunities for shadowing and mentoring but also believe that local authorities should consider specific initiatives to engage this group. In the Councillors Commission’s study of five high performing authorities each of the five case studies underlined the positive aspects that are associated with awareness-raising activity amongst young people. One case study council had undertaken two focus groups with local secondary school students, for instance asking students how they perceive local politics. In response to this a DVD is being developed to use in local schools.
In another authority, Democratic Services ran similar events, for instance a junior Mayoral multi-media competition aimed at primary school children. The winner of the competition spends a day as Junior Mayor and accompanies the Mayor to various functions. At the same time, throughout the year an outreach programme sends officers and councillors into local schools and colleges to explain the democratic process, how it works, and to raise awareness of the importance of voting. Electoral registration forms are also distributed and help and advice is given to the young people in filling them out. The effect of this work on youth electoral turnouts may not emerge for several years when school pupils eventually become eligible to vote, and the impact of this particular work would be difficult to disentangle.
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287 The Panel heard reports on a number of good practice examples of youth engagement with councils and councillors during their deliberations. The good practice examples below provide a snapshot of the wide variety of youth engagement work being undertaken across Wales.
There is a very healthy and active youth council in Bridgend County Borough
Council that holds elections every two years in the run up to Local Democracy
Week. The opportunities to stand and to vote are advertised widely in all youth
centres, and other youth services, schools, pupil referral units and young parents’
projects. The executive is elected every year from within the council and holds
cabinet meetings on a weekly basis. The whole council meets every month in the
Bridgend County Borough Council chamber. There is an absolute rule of no party
politics. In addition, the local authority supports the youth council through the
provision of an office, computer and office supplies. The Youth Service also
supports them with a dedicated youth worker. Prior to the May 2008 local
elections the youth council organised a hustings event which was very well
attended. So far, two former youth council representatives have gone on to stand
in the county council local elections as independent candidates. Bridgend County
Borough Council received an Excellence Wales Award in 2007/8 for
Participation & Citizenship within the Our Children & Young People theme.
Carmarthenshire County Council continues to run a very successful
Democracy Project with children and young people with the support of the
Electoral Commission Wales Office. The project aims to work with each and every
primary school as pupils move through to secondary school and has the benefit of
full feedback and evaluation from students and teachers. As a result of the
success of the project, Carmarthenshire County Council, with full support and
funding from the Electoral Commission, employ a Democracy Officer to lead on
this work. In support of the Democracy Project, the Electoral Commission said,
“We encourage all work undertaken by local authorities that help educate children
and young people in the democratic process and this is an excellent example of
what can be achieved.” Carmarthenshire County Council received a Highly
Commended Excellence Wales Award in 2007-08 under the Our Children &
Young People theme. Since the final evidence gathering meeting of the Panel,
Carmarthenshire’s Youth Participation Officer 11-25 years, Sarah Powell, won the
"Woman Advancing Democracy" award at the recent Welsh Woman of the Year
awards for her work supporting youth participation in Carmarthenshire.
Torfaen County Borough Council has been active over recent years in
supporting school councils and the election of children and young people to those
bodies. Currently, Torfaen’s electoral officers are out visiting schools to assist
them in their democratic projects and elections for, on average, one day a week.
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288 City & County of Swansea has been actively supporting Local Democracy Week and youth engagement generally across many years holding school debates in the council chamber and facilitating councillor visits to schools. A range of activities with children and young people are undertaken, and one such project in 2006 involved school children drawing their idea of what a typical councillor looks like. An opportunity to cast votes (and understand the importance of that vote) has been available to children and young people previously through ‘I’m a Councillor …’ events and during this year’s extensive debates on policy issues. Young people are also offered the opportunity to participate in political speed dating where they may ask a councillor anything they like for three minutes. To support wider understanding of the role of the councillor, a leaflet was published entitled ‘Local Councillors: What can we do for you?’ which has been adapted by other authorities including some in England, such as Rotherham Metropolitan Borough Council. An integral part of Local Democracy Week throughout has been an inter-generational event that brings together the youth forum, network 50+ and elected councillors.
Wrexham Council has been very active in youth participation particularly around Local Democracy Week in recent years with events including school visits to the Mayor’s parlour and the Mayor attending school council elections during the week. This year the events included a town centre launch involving the council’s service departments, speed debating (or db8ing as text language would have it) with councillors, councillors going back to school, a rock event with young local bands, an election pack including the loan of ballot boxes etc., and Secondary School Council Training where young people learned how to run an effective school council. Wrexham has also developed a specific website for children and young people between 11-25 years of age called Young Wrexham.
The Panel’s attention was also brought to recommendations made by the National Assembly’s Local Government and Public Services Committee for the greater engagement of children and young people in the democratic process, through their report on electoral arrangement in Wales (a summary of recommendations is included at Appendix 4). With levels of voting amongst young people at worryingly low levels and less than three percent of councillors under the age of 25, there is clearly a need for local and central government to do more to engage young people in political participation.
Changes in Wales resulting from the Electoral Administration Act 2006 have resulted in a duty upon electoral registration officers to promote participation27 and officers in Welsh local government have taken a number of steps to satisfy this duty particularly in encouraging participation amongst young people. The Panel welcome the commitment from the Electoral Commission to “…finding new ways to support
27 "A local electoral officer must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts." (Electoral Administration Act 2006 Part 8 Section 69 Para 1).
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289 Electoral Registration Officers and Returning Officers, parties and candidates28” in this work.
Nevertheless it is clear that the perception of councillors amongst young people is particularly poor and this clearly impacts on the number of young people who would themselves consider becoming councillors. A National Centre for Social Research (NCSR) study of young people aged 16-25 found that there were very poor levels of understanding amongst young people in particular about the responsibilities of different levels of government – particularly in terms of who it is that represents 29 young people at the local level. This lack of understanding and awareness was shown to impede young people in developing an interest in local government.
Despite this lack of knowledge, the NCSR study found that young people still held extremely negative images of their local council. This appeared to be fuelled by the perceptions of family members or the media rather than any personal contact the young people had had with the council. When these young people were asked to describe the types of people that they imagined might become involved with local politics they described them as predominantly ‘old’ (usually defined as middle-aged and above), being ‘professional’, ‘posh,’ ‘rich’ or ‘from the upper classes’ and as having high levels of educational attainment and knowledge about politics30. An exercise undertaken by one council in Wales where young people aged 13-14 were asked to draw a picture of a councillor and list key attributes and traits supported this view. These young people consistently described councillors as “posh”, “rich” and “stuck up or “arrogant”. Although, interestingly the same young people also described them as good listeners and helping or changing the community31.
The Panel believe that better engagement and interaction by councillors with young people would help to improve this perception. Whilst many individual councillors can offer good examples of attempts to work with young people in their area and local authorities can also point to enhanced engagement with the council as a corporate body through specific initiatives during Local Democracy Week or the establishment of youth councils and other consultative forums, the Panel believe that more could be done to actively promote the work of councillors amongst young people.
Recommendation 21
Schools and council officers working with children and young people or in promoting democracy should be encouraged to actively seek opportunities to engage councillors (both county and community and town) in meeting and working with children and young people, both at county and ward level.
28 The Electoral Commission (March 2007) Factsheet: Changes in Wales resulting from the Electoral Administration Act 2006 available at http://www.electoralcommission.org.uk/__data/assets/ electoral_commission_pdf_file/0015/13290/Changes-EAA-Wales-2007-03_24962- 18539__E__N__S__W__.pdf. 29Molloy, D., White, C. and Hosfield, N. (2002) Understanding Youth Participation in Local Government: A Qualitative Study, London: DTLR. 30 Ibid. 31 Work conducted by Swansea City Council as part of Citizenship Day 2006.
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290 Making it Possible to Serve
The barriers to increasing the pool of people who may express an interest in becoming councillors is discussed in previous chapter. The Panel has also given consideration to the barriers that the role itself presents for people who are interested in making a contribution to their community and to local government by becoming a councillor. Whilst many of these barriers would have the effect of discouraging interested people they can also have the effect of making it difficult for a cross section of people to serve as councillors. Issues around time commitment, balancing work and family life support and remuneration are crucial and have been considered in detail by the Panel.
The Time Commitment
It appears that many people feel that the time demands of being a local councillor are too onerous, and difficult to fit in with the burdens of work and home. This may be why the current profile of councillors is as it is, with more than 50 per cent not in work and 88 per cent over the age of 45. Sir Michael Lyons reported that a councillor spends on average 86 hours a month on council duties. The WLGA Census suggests that the time commitment is significant with councillors spending on average 27.8 hours each week on council/political business.
The key question is whether or not the role of a councillor in 2008 is a full time one. Whilst there was agreement that it was extremely difficult, if not impossible, to fulfil the role of an executive member on a part time basis the views of Panel members as to whether the role of a backbench councillor was compatible with full or part time employment were split.
The Panel believe that the time commitment required of councillors is considerable and in an ever changing political environment is likely to increase further. This the Panel believe, poses significant barriers to working people and people with caring responsibilities in particular, from being able to fulfil the role and results in local government is missing out on recruiting new and talented councillors for these very reasons. Some members of the Panel believe that it is unrealistic to maintain the status quo which assumes that being a councillor is a part time job and argue that this unrealistic proposition is in itself, undermining the ability of existing councillors to fulfil the role effectively as well as putting off potential candidates who cannot see how the demands of the role can be juggled with work and family life.
Indeed for a number of those interviewed in research conducted on behalf of the Councillors Commission (particularly younger respondents and those with young families), and in evidence given directly to the Expert Panel, the time commitment required to fulfil the role was seen as problematic. Although generally accepted that it was part of the job and that these hours needed to be worked in order to perform the role effectively, it is the time commitment that is seen as one of the key downsides of the role and one that these respondents felt puts off potential councillors and makes it hard to ‘sell’ the role. The Panel heard evidence from a number of sources which described the shock that newly elected councillors have when they realise the very many demands that are placed upon them and how onerous the time commitment can be.
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291 However, despite this recognition of the onerous nature of the role in terms of the time commitment required, some members of the Panel are concerned about confirming and formalising the role as a full time one as they believe that this could act as a deterrent to some people who may consider becoming councillors and potentially further narrow the pool of interested candidates. Those in full time employment, particularly professionals would, it is argued, be highly unlikely to give up a well paid career to take on a full time role as a councillor, with all its baggage and vulnerability. Furthermore members of the Panel felt that it is important that people with a wide range of life experiences and professional experiences should be encouraged to consider serving as councillors. There is a risk that defining the role as a full time one, and remunerating it accordingly would result in the creation of a new class of career politician in local government.
In light of the importance of reaching a view on whether the role is a full time or part time one the Panel believe that further analysis should be undertaken and as well as extensive consultation with elected members.
Recommendation 22
A comprehensive review of the role of a councillor and the time commitment required to fulfil it should be undertaken by the Independent Remuneration Panel in the course of their fundamental review of Members’ remuneration this year.
Embracing Technology
Members of the Panel accepted that there were benefits to defining the role of a councillor as a part time one in order not to exclude those in employment whose skills and expertise could make a significant contribution to local government, and clearly the role is currently defined as a part time one. However, in light of this the panel concludes that radical changes must be made to the support that is provided to councillors if we are to ensure that the role is compatible with employment and that councillors are able to successfully juggle their commitment to the council, their families and their employers. The Panel believe that the answer to this is to ensure that the issue of support for councillor is properly addressed with part time backbenchers receiving full time support and by putting technological solutions in place to enable councillors to better combine the council duties, work and family life.
For many councillors, the time pressures result from the different dimensions of the councillor role: their ward work, attending meetings and committees at the town hall, and their party work. Ward work can be all encompassing and many councillors report a situation where almost every night of the week could be taken up by meeting of residents’ associations, school governors, community forums and special issue groups (such as those who form to object to planning developments etc). In addition to this, the more recent development of partnership working can place additional burdens on members who are required to be involved in partnerships initiatives in their communities or, for example, by sitting on the boards of other public or voluntary sector bodies or by holding joint meetings and surgeries with other agencies.
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292 Although councillors can to some extent control the amount of work they take on by, for example, limiting the numbers of committees they sit on, the extent to which they can do this is largely dependent on factors outside their control. Influential here is the type of ward they represent, whether it is a multi member ward and whether the ward has split representation. There is also an argument to say that councillors who operate within opposition groups or smaller groups on the council have more demands placed on their time as they are likely to be fulfilling a number of roles with little support.
It was felt that an understanding of the time pressures on councillors within local authorities was crucial and councils should be considering ways in which technology could be used to reduce the time burden on elected members. Many councils in Wales are already introducing ‘paperless’ systems but the Panel believe that more could be done to make it easier for working people in particular to contribute, for example, by considering attendance at meetings via video conferencing and remote voting. In essence the Panel believe that the future should be about finding “smarter” ways of working, which eases the time constraints on elected members and makes the role compatible with employment and other responsibilities. The Panel believe that innovative ways of working should be considered as part of a council’s duty to consider sustainability and as this would be likely to produce future budgetary savings – indeed this is already stating to happen in some councils. This potential should in itself be a driver for organisational change but the Panel believe that the issue would be given greater priority of the recommendation to introduce a legal separation of executive and non executive functions are accepted (Recommendation 2).
Recommendation 23
Local authorities should consider ways in which time commitments for councillors and cost burdens for local authorities can be reduced, for example through the use of video conferencing facilities, remote voting and paperless working. In addition, One Voice Wales, the WLGA and the Welsh Assembly Government should jointly consider how to promote greater use of ICT by community and town councils.
The Impact on Working Life
Despite the range of personal and transferable skills that they are developing in their role as councillors, the Councillors Commission’s research found that most of the councillors they had interviewed felt that they have had few opportunities to make use of these outside their work as a councillor. Many were already retired when they became councillors; others stopped work once they took on the role, often because they found that they were unable to balance the two sets of responsibilities and time commitments – either their work as a councillor or their career were suffering (or both); or else they had no time for a home life. Other councillors adapted by arranging to work on a part time or freelance basis, to give them the time and flexibility for their councillor role32.
32 Understanding the Barriers and Incentives to becoming and remaining a Councillor in England, Dawn Hands, Sally Taylor, Rachel Featherstone, BMG Research, Professor Tony Bovaird, University of Birmingham, December 2007.
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293 A key concern amongst councillors (and indeed potential councillors) is whether or not their employer will be supportive. Whilst this is important for all councillors who are in employment, it appears to be particularly the case for young councillors. A survey of young councillors conducted by the New Local Government Network (NLGN) found that over 85 per cent reported finding it difficult to balance employment commitments with their council roles33.
The frequency and timing of council meetings can pose a particular problem for working councillors of all ages but evidence heard by the Panel suggested that despite the attempts of some councils it was almost impossible to find a time which met the needs of those who worked who may prefer late afternoon or evening meetings, those who had caring responsibilities who often need to be available at school collection time and those who were effectively full time councillors who may be unhappy at having to work late in the evening to meet the needs of others.
The ability of councillors to secure agreement from their employers to allow the time off to attend council meeting is clearly an issue, despite legislation which permits time of for such duties and whilst technological solutions as outlined above could assist in allowing councillors to undertake some of their duties from their normal place of work, thus cutting down on the amount of time they are absent, there is a need for a concerted effort to convince employers of the benefits to their business of supporting their employees to become councillors.
If employers view their employee being a councillor as burdensome rather than as an opportunity to develop a wide range of skills and knowledge which can be transferred into the workplace, the risks to an individual’s career progression can be considerable. The negative views that some employers have may be derived from the lack of understanding of the role, what it entails, and what benefits it can have to them. There is also a recognition that for some employers, particularly smaller ones, the reluctance to support their employees in becoming councillors may be due to the cost to their business in terms of loss of staff time and inconvenience.
The Councillors Commission recommended that a financial compensation scheme should be set up and administered by local authorities which would allow smaller business to claim a flat rate for absences resulting from employees’ council duties. Whilst members of the Panel recognised that this may be of benefit in some circumstances they concluded their preferred way forward is to set out the benefits to their business of supporting their employees to become councillors to educate and raise awareness of the potential for developing a skilled and more rounded workforce.
Recommendation 24
The WLGA should develop an employer’s pack in conjunction with employer organisations which sets out the benefits to supporting employees who wish to become, or are, councillors. The pack could include examples of good practice.
33 Brand, A (2006) Local Government: Young at Heart?, London: NLGN.
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294 Public Sector Employees
In addition to selling the business benefits to employers, the Panel considered that specific action could be taken within the public sector to encourage the release of employees to participate in public life. For example, there is no bar to county council employees becoming community councillors and unitary authorities could promote this positively to their staff as a development opportunity. This could also be driven through the private sector though the procurement process. The concept of ensuring that it is only good employers who receive public sector contracts is one which is developing rapidly, for example in relation to promoting equality and other community benefits and it could be a useful tool for encouraging private sector employers to demonstrate their commitment to supporting employees to participate in public life.
Recommendation 25
Consideration should be given to how public sector employers can be encouraged to actively support employees to participate in public life and whether it is possible to use procurement to achieve the same outcome amongst private sector employers.
The Impact on Family Life
The Councillors Commission found that for a handful of older councillors, a major plus side of being a councillor is the built-in social life that they feel comes with it. However, most other respondents, and particularly the young and those with young families, as well as those with executive posts, feel that the impact the time commitment, the unpredictability of the role on their home/family/social life is one of the key detrimental aspects of the role.
I mean I would say it’s probably possible to do it effectively and have a full time job but you’ll have no life…Not at all, I mean literally absolutely no life and that was the problem, I mean for the first month, you know it was probably possible but then I was 30 years old and I thought, ‘I’m not spending the best years of my life like this, I’ve got to live as well, I’ve got to be a human.’ …I mean, it beggars belief when I think about having kids. I’ve got virtually no time to do anything now and I think, ‘My god, imagine if I had kids how on earth would that work?’ I’m at a loss to understand how councillors have kids34.
The impact on family life is likely to be felt most acutely by female councillors as it is still the case that women are the primary carers in the 21st century family. Whilst barriers of the cost of care has, to some extent been addressed through the provision of a carers allowances for councillors with caring responsibilities for children or other dependents, the complexities of the struggle to juggle family life with being a councillor remains an issue. A survey undertaken by Rao (2000)35 found
34 A Councillor interviewed for the Councillors Commission’s research - Understanding the Barriers and Incentives to becoming and remaining a Councillor in England, Dawn Hands, Sally Taylor, Rachel Featherstone, BMG Research, Professor Tony Bovaird, University of Birmingham, December 2007. 35 Rao, N. (2000), A Survey of Women Councillors in Local Government: preliminary findings.
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295 that the difficulty in balancing domestic with council responsibilities was the most reported barrier to women’s progression in local politics (cited by 74 per cent of respondents). Rao also argues that young women, compared to older women, are more likely to lack the time which would enable them to participate in local government, because they are already juggling careers with home/family responsibilities and she concludes that ‘council membership virtually precludes a sensible combination of family and worklife36’.
Measures which improve the compatibility of the role with employment will also be likely to have an impact on the ability of councillors with caring responsibilities to manage their commitments, but the Panel considered some specific issues which need to be addressed in order to support people with caring responsibilities. The fact that there is no provision for councillors to take maternity or paternity leave is considered to be an issue and similarly the fact that councillors do not benefit form other types of family friendly policies such as paternity leave and parental leave. The status of the role means that councillors are not employees, they do not have any contractual obligations to perform any aspect of the role, other than that which is enshrined in legislation - that they must attend at least one meeting of the council within a six month period or risk being removed from their seat. This in itself no longer matches the period of ordinary maternity leave of nine months to which all employees are entitled. As well as the theoretical risks of being removed from the council if for example a female councillor exerted the rights she would have as an employee to maternity leave, the realities of the role mean that a period of absence for maternity leave or sickness has major implications for the ability of councillors to meet the requirements of their role within the council, to their constituents and their political parties as well as impacting upon their prospects for re-election. It is the view of the Panel that local authorities should put in place arrangements to provide additional support for councillors who are absent from the role for reasons of sickness, disability, maternity or paternity.
Recommendation 26
Guidance should be issued to local authorities to encourage them to put in place policies for maternity, paternity (including adoptive) and caring leave for councillors. Similarly, policies for time management, including cover in periods of absence, flexible working and support should be developed.
36 Rao, N. (1998) ‘Representation in local politics: a reconsideration and some new evidence’, Political Studies, Vol.46, pp.19-35.
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296 Supporting and Recognising Councillors
Remuneration
Whilst a recurring message from the literature reviewed for the Councillors Commission, their own research with councillors and former councillors is that financial reward is not and should not be the main motivation to serve as a councillor, there appears to be widespread consensus amongst the literature reviewed that current levels of remuneration are too low and limit the range of people who are able to stand for election.
For instance, in his report on local government, Sir Michael Lyons comments that councillors are poorly rewarded for the vital work that they do37. Similar observations were made by the Widening Access to Council Membership Progress Group in Scotland. They concluded that: “It is unrealistic to assume that people can afford to take on the role of a councillor without adequate financial recompense. It must be recognised that, by committing time to council duties, an individual is giving up an opportunity to spend those hours in paid employment. For a councillor who is able to combine council duties with paid employment such financial concerns may be of less importance; but for an individual who is combining the role of councillor with unpaid demands – such as caring responsibilities – there may be a very real dilemma in choosing between paid employment and becoming a councillor38.”
In England the level of councillor remuneration is set at the discretion of individual authorities and there are considerable variations across the country. There is also a great deal of variation by type of authority. The Councillors Commission found that basic allowances varied from £3,991 in shire districts to £9,512 in metropolitan districts. There is also a great deal of variation by region with basic allowances ranging from £4,729 in the east midlands to £9,227 in London.
Background on the Allowance System in Wales
In Wales in 2001 the Minister for Finance, Local Government and Communities commissioned INLOGOV to produce a report on councillors remuneration. Prior to this the Local Government Act 2000 had abolished the attendance allowance which had previously been paid and provided local authorities with the ability to pay a basic allowance and special responsibility allowance (SRA). The 2001 report, “Recognising Councillors Worth to their Communities” provided a framework for regulations which were later approved by the National Assembly in 2002. The 2002 regulations set out the rules for allowances for local authorities in Wales as well as national park authorities.
The regulations introduced for the first time a care allowance for councillors with dependents and a financial loss allowance for co-opted members of the council/NPA. Guidance which followed the regulations set a maximum basic allowance for councillors and a maximum level for special responsibility allowances and recommended that the rates of SRA should increase in line with the percentage
37 Lyons Inquiry into Local Government, 2006. 38 Scottish Executive, 2005b: 27.
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297 increased in the basic salary level for members of the National Assembly and that the increases in the care allowances and the basic allowance should be in line with the percentage annual increase in the average male non manual wage (subsequently replaced by the Wales All Person Average Wage). The maximum basic allowance was set at £10,200 p.a. in 2002. For 2008/2009 the maximum basic allowance payable was £12,718.
In March 2007 regulations providing for the establishment of an Independent Remuneration Panel for Wales (IRP) were made. Following a public appointment recruitment exercise the Panel were appointed by the Minister for Social Justice and Local Government on 1 January 2008. The IRP were required to produce an Initial Report for the Welsh Assembly Government by 31 July 2008. This report was published in August 2008 and recommended an increase to allowances in line with the pay settlement offered to local government staff with an indication of their intention to start work on a supplementary report involving a wide ranging consultation and fundamental review of the allowances early in 2009.
As previously mentioned, community and town councillors undertake their role on an entirely voluntary basis, receiving no basic or special responsibility allowances. However, the Welsh Assembly Government is to review the possibility of paying a basic allowance to chairpersons and other members (though likely to be a fraction of the county councillor allowance) as well as the possibility of reimbursements for childcare and relief care costs.
The Debate on Allowance Levels
The setting of allowances is not within the remit of the Panel, nor was it within the remit of the Councillors Commission. However, the Commission’s research inevitably spent some time considering the extent to which councillors and people who could possibly be interested in becoming councillors found allowances to be an incentive or a barrier.
This research found that views on allowances were extremely mixed amongst councillors themselves and community activists (who were considered to be a pool of people who could potentially become councillors). Community activists were unable to reach consensus on the subject of whether or not the remuneration received by councillors should be increased, in order to encourage a wider range of people into the role. Some community activists interviewed felt that it would continue to be difficult to recruit younger people in particular if the remuneration levels were such that there was an expectation that they would have to hold down another job, on a part time basis at least. They also felt that the role must be professionalised, in order to raise the esteem in which councillors are held.
Other respondents felt equally strongly that the role should not attract levels of remuneration which could encourage people to stand purely for financial gain. But in terms of what impact the level of remuneration might have on their own inclination to become a councillor, the risk of financial hardship and damage to one’s career were important issues; most activists who were employed could not afford to give up their jobs to become a councillor. Most felt their employers (especially if small firms) would not look kindly on requests to take time out from the workplace to undertake
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298 council duties. Most of those who were considering standing as a councillor did not work full time.
Amongst councillors, a number were perfectly satisfied with their current level of allowance. Although they represented a range of authorities and allowance rates, they were more likely to be older people who had served as councillors for some years. They stressed that they did not enter politics for financial gain and would feel uneasy with any further increase. Some worry about the effects of higher salaries on council tax levels, and on the media’s coverage of any such increases, a picture which is indicative of the consideration that has been given to the issue by councils and councillors across Wales, some of whom have not set allowances at the level recommended by the Independent Remuneration Panel and some of which have not taken advantaged of the provision for pensions for councillors.
The Councillors Commission researchers also interviewed senior council officers and sought their views on councillors allowances. Again the response was mixed with no overall conclusion reached about an appropriate level of allowances. All officers appreciated that a raised level of remuneration would very likely encourage or allow more people from a wider range of backgrounds to stand for election. However, there were concerns from some about whether raising remuneration is the ‘right’ thing to do, given that the role of a councillor is about public service and being elected to serve their community. There also appeared to be a lot of confusion around ‘how much would be too much’ – tipping the balance such that councillors become people who are effectively only taking on the role for the money. This goes hand in hand with confusion about where (significantly) raised remuneration would leave the officer-councillor relationship – if both were in salaried positions there is a perception the dividing line between the two roles could39 become very unclear.
All of these deliberations were mirrored by the Panel, who accepted that current allowance levels made it difficult for some people to carry out the councillor role, as usually another income is required. However there is also an acceptance that people who become councillors should not incur a financial loss. This is particularly relevant for those for whom benefit entitlement if affected by becoming a councillor, leaving them financially worse off. Evidence from Scotland also reveals that potential councillors in receipt of benefits would be concerned about their future financial prospects if they were not returned as a councillor after serving one term, or if, for any reason, they had to resign. The Widening Access to Council Membership Progress Group reported: “We have heard that once someone comes off benefits, it is a very difficult and lengthy process to re-apply40“. This, again, is a serious barrier to making the first step toward council membership. Hall reports that the impact on benefit entitlement is of particular concern for disabled people. Once an individual comes off incapacity benefit, it is extremely difficult to get it restored: the individual has been deemed fit to work and so is unable to claim incapacity benefit again41.
39 Understanding the Barriers and Incentives to becoming and remaining a Councillor in England, Dawn Hands, Sally Taylor, Rachel Featherstone, BMG Research, Professor Tony Bovaird, University of Birmingham, December 2007. 40 Renewing Local Democracy; Report of the Widening Access to council Membership Progress Group, Scottish Executive, 2005. 41 Hall, D., Dunstan, E., Brooke, R., Watt, P. and Siebert, S. (2001) Recognising Councillors’ Worth to their Communities: Report on Members’ Allowances, Support and Barriers to Public Service for Local Authorities in Wales, Cardiff: HMSO.
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299 The potential impact on pensions is also a consideration for many people who might otherwise consider becoming councillors. For executive members who often do not have other employment this is an important issue and even for back bench members who are in employment, but who may have reduced their hours of work in order to fit in their council duties, the affect that this would have on their pensions is a significant issue. In Wales this was recognised and the Wales Independent Remuneration Panel42 made a recommendation in 2005 that all councillors should be entitled to join the local government pension scheme but it would be left to decide locally whether the council would sign up to the scheme. Whilst most councils in Wales have now made provision for pensions for their councillors there are three local authorities in Wales who rejected the recommendation, thus potentially leaving individuals in these authorities at a financial disadvantage.
However, whilst the Panel believe that these issues should be considered in more detail in the IRP’s review of councillors allowances, the Panel also feel strongly that the concept of community service should not be lost in a whole scale review of councillors’ remuneration. The Panel heard a range of evidence about the hostile way in which any increase to councillors’ allowances was viewed by the public and that this was in the main triggered by local press stories which generally opposed any increases.
The Panel heard that IRP had consulted on whether allowances should be nationally set or should allow for flexibility for local decisions and had had mixed responses. Certainly nationally set allowances would remove the ability for party politics to dominate the allowances debate and would eradicate the need for councillors to be involved in the setting of their allowances, something which current and former councillors on the Panel felt was very important. The Panel also recognises that any fundamental change to the allowances system would need to have public support, or at the very least a level of understanding. This could be addressed in part by some of the recommendations the Panel have made earlier in this report around enhancing understanding of the role of councillors but it is also considered that it is important for the IRP to seek the views of the public, as well as councillors, officers and others as part of their more detailed review into councillors allowances which is being carried out in the coming year. However, taking into consideration the Panel’s conclusions on the lack of understanding of the role amongst the public it was felt that work would have to be undertaken to promote a better understanding of the role amongst members of the public who are consulted by the Panel.
Recommendation 27
The forthcoming consultation being conducted by the Independent Remuneration Panel on a review of councillors’ allowances should engage members of the public in a meaningful way, possibly through the use of a Citizens Panel.
42 N.B different to the Independent Remuneration Panel for Wales.
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300 Meeting Support Needs
This report has commented extensively on the importance of supporting members in their role and the Panel believe that there should be a requirement for every council to identify councillors support needs and take action to address them. Throughout Wales, local authorities are attempting to provide the adequate support for their members to enable them to meet the challenge of their developing roles within modernised constitutional arrangements. This support takes the form of skill and knowledge development, support facilities, and support services. To provide structure and improvement in the national programme of support in all of these areas, the Wales Charter for Member Support and Development has been developed collaboratively by the WLGA, involving members representing each of the political groups and member support officers from each authority.
The award has three levels. First, the Charter which recognises that effective structures, strategies and practice for member support and development are in place. This level can be achieved by most authorities with some preparation. Secondly, the Advanced Charter which is more challenging and is designed to be achieved a year or so after the Charter. It recognises that the practice and structures established in level one are working effectively. Finally, the Excellence Award which, as its name suggests requires that the tangible outcomes from the first two levels can be evidenced in the work of elected members.
Work towards the Charter throughout Wales is providing a broad framework for local planning, self-assessment, action and review, together with networking and comparison amongst authorities and the sharing of good and innovative practice. Its adoption is raising the overall amount and standard of support given to members in Wales. Nevertheless there is still much work to be done by local authorities in identifying and meeting the support needs of their members.
Whilst the Wales Charter is certainly a useful tool for local authorities the Panel believe that councils should consider the individual circumstances of their council and councillors in addressing supporting needs and should seek to address them appropriately by undertaking a bi-annual review of members support needs which should be reported to the full council. The Panel believe that such an exercise would be a key function of the new structure for non executive members if the recommendation to introduce an executive and non executive split (as outlined in Recommendation 2) is accepted. This work would not only enable councils to identify and begin to meet the specific needs of their members but would also contribute to developing an overall picture of the support needs of members in order to inform the ongoing development of the Wales Charter for Member Support and Development.
Recommendation 28
Councils should be required to undertake a bi-annual survey of members in order to identify their support needs. This survey should be reported to full council and shared with the WLGA.
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301 Training
The panel believe that in the complex political environment, policy context and statutory framework, training and development for councillors can no longer be seen as a luxury but must be seen as a necessity for all councillors. The Commission’s research found that induction training was widely held to be good and much improved of late and, in Wales, initial feedback on the new member development programme developed by the WLGA as part of a package with the Candidates’ Guide has also been positive. Although induction is crucial to enable members to obtain the skills and knowledge needed to operate, ongoing training and development is also vitally important. The WLGA have included member training and development as one of the key components of the Wales Charter for Member Support and Development
The Panel welcomes this development which encourages local authorities to invest in training and development opportunities for their members but there remains some concern about the importance that authorities place on this, both officers and, in some instances, councillors. Many councillors report that their training needs are often regarded as non essential in times when budgets are tight and there are some examples of councillors being heavily criticised in the press for taking up costly training programmes, thus resulting in a fear amongst some members in taking up training and development opportunities. The Panel believe that training for elected members is as important as training for the council’s staff and this should be recognised by local authorities and external bodies such as Investors in People who monitor an organisation’s commitment to the effective management and development of their staff.
Recommendation 29
Investors in People UK should ensure that the Investor in People Standard assesses a council’s commitment to developing their councillors as well as their employees. Investors in People status should only be awarded to councils who have been successful in being awarded the Wales Charter for Member Support and Development.
Time for Training
Another barrier to participation in training is the additional time commitment it requires. For newly elected members there is often an initial period of shock at the amount of time it takes to perform the role and the requirement to attend numerous training and induction courses in the early months can contribute to a feeling of being over burdened by the role. It is important therefore for local authorities to recognise the different types of training and development experiences that councillors may need and consider ways in which these can be fitted into their already pressurised diaries.
In terms of the type of training which councillors found most valuable the Commission’s research found that it was not just the formal induction programme that is valued by councillors, but also the more informal training received from buddies, mentors and other networking events. It has already been recognised by
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302 the WLGA that some councillors would benefit from mentoring or shadowing opportunities and councils are being encouraged to equip councillors with Personal Development Plans to develop both hard and soft skills and to develop mentoring strategies. Holding training sessions outside normal working hours, providing on line learning packages (such as the programme developed by the WLGA) and establishing and supporting informal arrangement such as mentoring are all ways in which local authorities could appropriately support their elected members.
Recommendation 30
All local authorities should ensure that training and development opportunities are available to their elected members and ensure that consideration is given to ways in which these programmes can be delivered in a way which minimises the time commitment required for members. The development of training packages should be done in association with community and town councils, whose councillors could also benefit from training and development opportunities. There should be an expectation that members will take training and development opportunities offered to them.
Accreditation of Skills Gained as a Councillor
Most respondents questioned in the Councillors Commission’s research were broadly in favour of the idea of an accreditation system for the skills acquired by councillors in the course of their work, but (for most) in a fairly passive sort of way. It appeared to be younger councillors who were in employment who favoured this approach, possibly as they could see the benefits that this may have in terms of the approach their employers took to their role as a councillor. Accredited training and development has the potential to be a tangible benefit for employers in supporting their employees to become councillors and also enables individuals to enhance their CV and future employability.
However, even those who were in favour had some reservations about how it might work in practice, particularly because of the nature of the role and the time commitment required to acquire accreditation. It is also worth noting concerns expressed by some councillors to the Commission that accreditation may create the impression that councillors needed to be academically qualified or ‘expert’ people, and this could have the result of deterring many people from standing43.
Recommendation 31
The WLGA should consider the development of accredited training which could be taken up by councillors on a voluntary basis.
43 Councillors Commission Representing the future: The report of the Councillors Commission December 2007 p.106.
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303 Administrative Support
The Commission’s research found that whilst some respondents were quite satisfied with the quality and quantity of the support they receive, others want to see far more administrative support for councillors. They see this as a key way in which their time can be freed up for all the other things they want to do (paid work, time with family and friends, ward or committee work, etc.). Although most executive members questioned felt that they are well supplied with administrative support, even some of these thought that they need considerably more help to work at maximum efficiency and effectiveness – some are frustrated that they receive so little assistance and support when officers receive so much44.
The Panel strongly believe that adequately supporting councillors is a critical component of recruiting and retaining suitably qualified people to the role. Most councils provide some administrative support to members and good practice examples have been provided to the Panel which show how authorities provide support services such as arranging meetings, answering telephone calls and undertaking basic casework. However, there is scope for this further support to be provided more widely to free up members time and enable them to focus on better community engagement, partnership working and their community leadership roles. Additional administrative support was identified as a key priority by members at the WLGA Annual Member Development Conference in October 2008.
The Panel also believes that if support was improved then the time commitment needed from individual members would be reduced thus making the role more attractive and realistically achievable to a wider pool of people. Whilst the Panel believe that in the main this support should be provided by local authorities, there could be instances where it would be more appropriate for councillor support needs to be addressed through the remuneration framework as this would provide the flexibility to buy in support appropriate to their specific needs.
Recommendation 32
Consideration should be given to allocating some funding, with an appropriate audit mechanism attached, to individual councillors through the remuneration framework to allow members to meet some support needs. This could be explored further by the Independent Remuneration Panel.
Technology to Support Councillors
As well as providing better support for councillors in terms of allocation of staff there are ways in which their role could be made easier though more extensive use of technology. Whilst most, if not all, councillors are not provided with a home computer, the provision of mobile technology such as laptops, blackberries and mobile phones could have a considerable impact on a councillor’s ability to fulfil the role whilst juggling other aspects of their lives. There is little point in providing
44 Understanding the barriers and incentives to becoming and remaining a Councillor in England, Dawn Hands, Rachel Taylor, Sally Featherstone, BMG Research, Professor Tony Bovaird, University of Birmingham, December 2007.
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304 councillors with a home phone if, in reality, they are working 9am to 5pm and cannot use this phone to make calls to officers to take up constituent’s problems – in this case clearly a mobile phone would be more appropriate. There is also little point in using e-mail to communicate with councillors if they cannot access them regularly because they do not have the sort of job which means that they are sitting at their desk at their computers – here the provision of a blackberry which would enable councillors to pick up e-mail whilst on the move would clearly be more practical. Whilst this type of equipment may not be necessary or appropriate for every councillor, the Panel believe that more consideration should be given to how each individual councillor can be supported in their role.
Recommendation 33
Councils should consider the needs of individual members when determining what technological support is provided. In doing this they should be mindful of addressing the specific need for councillors to combine their role with other commitments.
Support for Specific Groups
Respondents to the Councillors Commission research were unsure what should be done to encourage people with children and other caring responsibilities to stand as councillors. They felt there is no meeting time that will be convenient for everyone and that payment of childcare/carer’s allowance may not necessarily solve the problem if availability of care at unsociable meeting times is an issue. Provision of on-site care was suggested as a better option.
Several respondents with a disability commented that accessibility at town halls for people with disabilities needs to be improved. Although the Disability Discrimination Act applies to councillors it appears that the level of support offered by local authorities can be variable. The Panel heard anecdotal evidence of a deaf councillor who was advised that British Sign Language support would only be provided for official council meetings and not for ward activities.
It was suggested that independent councillors need much more support at induction and on an ongoing basis compared to those who have the support of a political party. Those who are concerned they do not have the right skills and knowledge to be a councillor would need assurance that induction training will be fully comprehensive, before they agree to stand.
Recommendation 34
The WLGA should issue guidance to local authorities in consultation with the EHRC on meeting their obligations to councillors in respect of the equality enactments and councils should be encouraged to provide support over and above their statutory obligations as a way of encouraging the recruitment and retention of under-represented groups. All councillors should be offered an assessment which would identify any accessibility needs, language support requirements or caring needs. Local Authority Members support officers
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305 should in conjunction with the individual councillor and where appropriate party group officers draw up a plan to identify how these needs can be met.
Ongoing Support from Political Parties
Whilst it is easy to see the role of political parties primarily as being recruitment agents for local government, councillors who have come through the party route also need to have ongoing support from their parties. Councillors interviewed for the Councillors Commission cite the support during candidacy as being good but feel that the ongoing support they received from their parties as lacking.
The Councillors Commission’s research highlighted some examples of good practice in some of the high performing councils it examined in their case studies. In one council, a mentoring scheme introduced by the Labour Party which was made available both to new councillors and to new shadow cabinet members, was highly regarded by councillors. Similarly, in the same council, Conservatives attempt to retain their councillors by using deputy portfolio positions that were designed to enable members to learn about specific issues. Councillors fill these positions for a period of two years and by participating in this ‘apprenticeship’ they become eligible for promotion should a vacancy arise. In another council when it seemed likely that the Conservatives would take control, local councillors were provided with a mentor from a neighbouring borough, effectively forming a shadow cabinet which gave members new skills to prepare them to take on more challenging roles within their authority.
In another authority a mentoring scheme for new councillors within the Liberal Democrat Group was described as particularly useful, as well as opportunities for them to attend national party conferences for training and other regional training events. Additional support mechanisms made available by the national party, such as the Association of Liberal Democrat Councillors, were viewed as an important part of the package and as a whole these measures were seen as an important way to build the confidence of new members and to contribute to retention of these councillors45. Likewise the Panel have heard evidence of similar associations being in existence within the Labour Party and Plaid which offer support for their councillors.
Recommendation 35
Political parties should ensure that support for councillors extends beyond candidacy and should consider ways in which mechanisms for supporting their councillors can be developed.
45 Councillors Commission Research Report 4 - Improving the Representativeness of Councillors - Learning From Five High Performing Local authorities in England, Peter John, Francesca Gains, Matthew Goodwin, Liz Richardson, Institute for Political and Economic Governance, University of Manchester Nirmala Rao, Elizabeth Evans Goldsmiths, University of London, December 2007.
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306 Appendix 1 - Panel Member Biographies
Angharad Davies
Angharad is Head of Public Affairs and Policy, managing BT's relationships with politicians and political institutions in Wales. She started in June 2007, after 4 years with Royal Mail Group, where she managed political communications. Angharad has also worked for the Royal College of Nursing and Fforwm Ltd, in public affairs roles. She started her career working for a Labour MP in Westminster before returning to Wales to work for Eluned Morgan MEP. Angharad has recently taken up a new role as UK Head of Public Affairs for Openreach. She did Politics at Queen’s University, Belfast, and then went on to Limerick University to do her MA in European Integration. She has been chair of the organisation Wales Women’s National Coalition (now Women’s Voice) and served on the management board of Women’s Workshop – a training enterprise in Cardiff.
Karl Davies
Karl now works for the BBC Trust, as the Head of Governance and Accountability Wales, and before that he served as the first National Director of National Association of Head Teachers Cymru in 2002/03. Before that was Chief Executive of Plaid Cymru for nine years, steering the party through the referendum on devolution and the first elections to the National Assembly. He was BBC Cymru Wales Political Editor from 1990 to 1992. His entry in Who’s Who lists his interests as food, gossip and Italy.
Councillor Meryl Gravell
Meryl Gravell represents the electoral division of Trimsaran, Kidwelly and is Chair of Carmarthenshire County Council's Executive Board. She has been the Leader of Carmarthenshire County Council since 1999 and was elected as the Welsh Local Government Association's Presiding Officer in 2004 where she quickly commanded the respect and admiration of her fellow council leaders from across Wales. She is the Welsh Local Government Association's spokesperson on Health, Public Health and Social Services and Chair of Public Health and the Improvement Agency and has been a passionate advocate of better services for vulnerable people in Wales. She has been working closely with the CSSIW in order to drive up performances across Wales. A retired Justice of the Peace and Chair of Trimsaran Village Forum, her achievements in her own community were rewarded in 1997 when she was named Welsh Woman of the Year in the Community. In 1999 she received further recognition when she was awarded the MBE and more recently the OBE.
Sophie Howe (Chair)
Sophie currently works as a Political Adviser for the EHRC in Wales. She was born in 1977 and was educated in Whitchurch High School and then went on to obtain a degree in Law and Politics in Cardiff University. She has previously worked as a parliamentary researcher for Julie Morgan MP and as a political assistant to Sue Essex AM. Prior to taking up her post in the EHRC she managed the
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307 legal department in the Equal Opportunities Commission in Wales where she was responsible for advice provision on sex discrimination and equal pay. She has also been a visiting lecturer in Cardiff University and the University of Glamorgan in these subjects. In 1999, at the age of 21, she was elected to Cardiff County Council, becoming the youngest councillor in Wales. She served the as ward member for Whitchurch and Tongwynlais, as Deputy Leader of the Opposition and as a member of the Children and Young People Scrutiny committee until May 2008. She has been a member of the WLGA, a School Governor, a non executive director of Cardiff Local Health Board and is currently a member of the management committee of Cardiff Women's Workshop and a member of the Care Council for Wales.
Dr Gwenllian Lansdown
Gwenllian has been a county councillor serving the Riverside ward, Cardiff since 2004 and chief executive of Plaid Cymru since 2007. Gwenllian studied French and Spanish at the University of Oxford where she served as vice-president of her college union. She later studied for an MScEcon and PhD at Cardiff University in political theory where she was also a tutor in politics. After finishing her PhD, she worked as Leanne Wood AM's office manager. Gwenllian chairs the Welsh Strategic Migration Partnership, the Economy and Culture Scrutiny Committee in Cardiff Council, the Riverside Plaid branch and is also a visiting lecturer at UWIC.
Phillip Nifield
Phillip Nifield is the former Political & Business Editor of the South Wales Echo. Phillip spent 38 years with the Echo, holding many other senior editorial posts, including Political Editor, Municipal Editor and Deputy News Editor. He reported on the work of local authorities across South Wales during his career and covered the National Assembly for Wales from its inception in 1999. Phillip has interviewed many of the leading political figures of the last four decades and also covered many of the major stories in South Wales, including the miners' strike. Phillip was a member of an Independent Panel set up by Bridgend Council to consider the level of remuneration for councillors. He left the Echo in March 2008 to set up his own public relations and media consultancy business.
Councillor Ramesh Patel
Elected as a Cardiff County Councillor, Canton Ward in May 2001 to the present. He is currently working as PA for Rhodri Morgan AM. Prior to this he was a self employed electrical/electronics engineer and was chief engineer & assistant manager for Radiocraft, Cardiff between Sept 1982 to July 1995. In 2008 he was appointed as a member of the Crown Prosecution Services (CPS) Case Review Panel. He is a Local Education Authority (LEA) Governor for Lansdowne Primary School, Canton and Fitzalan High School, Cardiff.
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308 Richard Penn
After nearly 30 years from 1970 – 1999 in senior positions in local government, 19 of them as a chief executive (Knowsley MBC from 1980 to 1989 and Bradford City Council from 1989 to 1999), Richard Penn now lives back home in South Wales and works as a public sector consultant (for the Audit Commission, SOLACE Enterprises, ALACE, the Local Government Employers and others) mainly with local authorities on CPA related work, performance appraisal and organisational change but also with other organisations. He has also recently undertaken a number of high profile management investigations. He has been the Commissioner for Standards for the National Assembly for Wales since 2000 and since the beginning of 2008 has been the Chair of the Independent Remuneration Panel for Wales. He was also the Chair of the South Wales Probation Board from 2001 to 2007. In 2002 he completed a five-year term as a Commissioner with the Equal Opportunities Commission and from 2000 - 2003 was a Commissioner with the Legal Services Commission. He also undertakes consultancy assignments for the Audit Commission, the Local Government Employers, SOLACE Enterprises and the IDeA.
Chris Roberts
Chris Roberts is the General Secretary of Welsh Labour. His thirty year involvement in local government includes: devising, implementing and administering systems for the selection and training of candidates; coordinating election campaigns; providing legal and training support for elected members; promoting coordination between councillors and other elected representatives. Outside of the Labour Party, Chris has worked as a general manager of a European charity and as a teacher of English in Spain.
Catherine Thomas
Catherine Thomas is a Welsh speaker, born and raised in Llanelli. Catherine was educated at Llanelli Girls’ Grammar School, the Roehampton Institute, the University of Glamorgan and the University of Wales Cardiff, where she gained an MSc Econ in Population Programmes and Policies. Catherine worked for more than a decade as a political aide to politicians in both the European Parliament and Westminster. From 2003 to 2007, Catherine served as a Member of the Welsh Assembly, representing her home constituency of Llanelli. During this time Catherine was a member of the Assembly’s Equality of Opportunity Committee, Social Justice & Regeneration Committee and Local Government Committee. Catherine was also a member of the All Party Working Group on Equal Pay. In June 2007, Catherine was appointed Manager of the Wales Women’s National Coalition, an independent umbrella organisation, campaigning on key issues and policies impacting on women’s lives in Wales. Catherine is currently developing her own business venture - Bailey Thomas Consultancy. She is a board member of Care and Repair Cymru and a member of the Capacitate Advisory Group (Antur Teifi initiative). Catherine also enjoys a strong association with several Llanelli based organisations and is Patron of the Llanelli Disabled Drivers’ Association, President of the Reminiscence Group, President of Glanymor and Tyisha History Group and President of Cor Curiad.
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309 Derek Walker
Derek Walker is Head of Policy and Campaigns at the Wales TUC. The Wales TUC campaigns for a fair deal at work and has member unions representing nearly a half million working people. The post includes coordinating the Wales TUC’s work on employment, economic development, pensions, social justice, equality as well as partnership. Previously Derek worked as policy and public affairs officer at Stonewall Cymru. Derek has also worked as a local government policy officer in Brussels and London. Derek is an associate member of the board of the Wales Council for Voluntary Action and a board member of the Wales Social Partners Unit. He sits on the Assembly Business Partnership Council. He has also been an advisor to the National Assembly’s Equality of Opportunity Committee.
Owen Watkin OBE
Owen Watkin OBE has over 34 years of experience working in local government in Wales, at a senior level in the corporate governance of authorities when he worked closely with elected members and for twelve years, up to 2007, as chief executive of Ceredigion County Council. He has been a chief executive adviser to WLGA and chairman of SOLACE Wales.
Simon White
Simon is currently chief executive of One Voice Wales which promotes the development of community and town councils in Wales, providing direct support to its member councils and representing the sector to the Welsh Assembly Government and others. Seconded from the Welsh Assembly Government, Simon has a long-standing interest in community development and served as a councillor in his home town of Kidwelly, Carmarthenshire. Previously, he has worked for the Department of Transport’s research laboratory, which included a posting with the Council of Ministers in Brussels. A strong supporter of subsidiarity, he is working with the Assembly Government and unitary authorities in Wales to promote closer engagement with the community and town council sector. As well as being a member of the Councillors Commission Expert Panel, Simon’s recent experience includes managing the merger of ELWa into the Assembly Government and being on the working group developing the vision for how the Assembly would be operating in 2010. He also sits on the Local Service Board Stakeholder Group and the Community Strategies Working Group. Having been involved closely in ‘Making the Connections’ at a strategic level he is committed to promoting collaboration across the spheres of government in Wales.
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310 Appendix 2
Representatives from other organisations were invited to join the Panel and have been in receipt of Panel papers but have not been able to attended Panel meetings:
Rhian Davies Disability Wales Matthew Lane Director, Welsh Conservatives
The following people also attended some meetings to contribute to the discussion on particular themes:
Alison Lyon Communities and Local Government Gareth Newton Independent Remuneration Panel for Wales Rita Austin Independent Remuneration Panel for Wales John Bader Independent Remuneration Panel for Wales Dr Declan Hall Independent Remuneration Panel for Wales Howell Rees Welsh Assembly Government: Public Appointments Unit Naomi Alleyne Welsh Local Government Association: Director Of Equalities & Social Justice Natasha Weeks Welsh Local Government Association: Press Officer Sarah Titcombe Welsh Local Government Association: Organisational & Personal Development Adviser
The following people gave evidence to the Panel:
Alison Ward Chief Executive, Torfaen County Borough Council Kate Bennett National Director Equality and Human Rights Commission
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311 Appendix 3 - Recommendations of the Councillors Commission
Promoting Democracy
1. Local authorities should be charged with a statutory duty to facilitate local democratic engagement by:
a. proactively disseminating clear and accessible information on how local governance works: what councils and councillors do; what the responsibilities of other agencies are; how local agencies relate to one another (or not); even how to register to vote and how exactly to vote; b. facilitating more active civic participation in a range of areas (such as tenant and residents’ associations, school governorship etc). This may well require a more specific capacity building/community development approach; c. raising interest in and providing information on how to stand as a councillor; and d. proactively promoting the role of councillor and the activities of elected members.
Principal authorities should also provide information and facilitate democratic engagement in respect of the parish and town council tier. To support this recommendation central government departments must work far more effectively together than hitherto, to ensure a consistent and positive approach to local government.
2. The LGA/IDeA should develop and provide a framework of advice and best practice guidance for this new function.
3. In order to ensure that as many people as possible can participate in local representative democracy, the role of a councillor must be compatible with fulltime employment and an executive councillor with full or part-time employment. The leader of a council should be able to work in addition to council duties; it is recognised that some leaders of larger authorities may wish to work full-time on council duties, but they should not be required to do so.
4. Local authorities must recognise that elected councillors provide crucial two- way links between local councils and their communities. They carry into the council the views of the public and explain the decisions of the council to the public. As such, they must be given the tools to work effectively at the interface of local representative and participatory democratic processes.
Councillors’ Role
5. Local authorities, in conjunction with guidance from the LGA, should develop and introduce clear role descriptions of what is expected of councillors. Similar role definitions should be developed in conjunction with NALC for the parish and town council tier.
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312 Direct Contact
6. Local authorities need to recognise the importance of direct contact between councillors and the public and assist councillors to be more visible and accessible in their locality by:
a. providing and supporting opportunities for democratic engagement where councillors can meet with their constituents face to face; b. placing councillors at the heart of well-supported area and neighbourhood based structures; c. utilising councillor-led scrutiny processes to enable councillors to interact with their communities; and d. making much more active use of digital and social networking technologies.
The Public Eye
7. As part of their corporate communications strategy, local authorities and councillors should promote the role of councillors using a range of communication tools, for example by:
a. using the media and communications resources of the council to work to build positive relations with the local media; b. making use of council newsletters and other media publications; and c. harnessing technological solutions – such as email, web 2.0, blogs and texting – to make councillors’ activities more visible.
Public Service Broadcasting
8. Public service broadcasters should ensure that they fulfil their remit to facilitate civic understanding, particularly in relation to local government and democracy.
9. Ofcom should, as part of their periodic reviews of whether public service broadcasters are fulfilling their remit to facilitate civic understanding, comment in particular on coverage of local government and democracy.
Campaigns
10. All local authorities should take seriously their key role in publicising and communicating the decisions made by the council and the work of councillors and organise and resource themselves accordingly. This should include signing up to the LGA/IDeA Reputation campaign.
11. There should be further work at the national level to actively promote to under represented groups, the opportunity to stand and serve as councillors.
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313 12. The Code of Recommended Practice on Local Authority Publicity should be examined, with a view to its amendment or withdrawal, in order to free up councils to publicise the role and work of their members more effectively without fear of breaking rules.
Young People and Citizenship
13. The Department for Children, Schools and Families, in conjunction with Communities and Local Government and the LGA, should work with the Qualifications and Curriculum Authority to ensure that the role of councils and councillors and the value of local democracy (including the parish and town council tier) is mainstreamed within the citizenship curriculum, and strongly reflected in national guidelines and best practice.
Youth Engagement
14. Local authorities should be required to develop and implement strategies to engage meaningfully with young people, (ensuring that any such initiatives involve elected councillors), by:
a. involving them meaningfully in consultation processes, for example by consulting with schools wherever policy impacts upon the lives of their pupils; b. utilising methods such as youth mayoral elections, political speed dating, and work experience/internships with councillors; and c. encouraging pupils to interact with their councillors by discussing with them areas of particular concern or interest.
Voting Age
15. The Ministry of Justice should reduce the voting age to 16 years.
16. The Ministry of Justice should review the candidacy age, four years after the introduction of voting at 16 years, to assess whether the candidacy age should be lowered to 16 years.
Reserve Candidates
17. At the time of local elections, political parties should be able to publish a list of reserve councillors, who can replace a councillor of their party who stands down during their term, avoiding the need for a by-election. A by-election will be required if: an independent stands down; if a petition demanding a by-election is signed by an equivalent number of residents of the relevant ward as equates to 25 per cent of the turnout at the last election or 10 per cent of the electorate, in that ward, whichever is the lower; or if the incumbent party chooses to hold one.
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314 Electoral Arrangements
18. A uniform cycle of all-out four-yearly local elections should be introduced across the whole of England. All authorities in a given region should be elected on the same day, but not all regions should hold elections at the same time. Local elections should not take place on the same day as national or European elections. Parish and town council elections should take place on the same day as other local elections in their region and principal authorities should always cover the cost of administering parish and town council elections in full without passing them down to the lower tier.
Multi-Member Wards
19. In view of the potential positive impact that multi-member wards can have in terms of encouraging the election of under represented groups and encouraging teamwork and the sharing of responsibilities between councillors, multi-member wards should be adopted throughout the local government electoral system.
Voting Incentives
20. In the interests of seeking new ways to engage the electorate, local authorities should be enabled to develop and use schemes which incentivise voting, for example by offering voters a chance to enter into a lottery.
Single Transferable Vote
21. In the spirit of local experimentation and because there is a view that STV can increase the diversity of councillors, local authorities should be enabled to pilot STV if they wish. Any pilots should only be introduced following a majority vote and a preceding period of consultation, and should be in place for a minimum of two terms.
Term Limits
22. The Government should introduce legislation to bring into force, after a transitional period of four years, a statutory requirement to limit councillors to serve five consecutive terms; and to limit leaders and directly elected mayors to serve three consecutive terms.
Political Restrictions
23. Political restrictions based on salary level should be abolished. Restrictions (see Recommendation 24) should be retained for very senior posts and certain politically sensitive roles, with councils’ standards committees having the ability to implement restrictions to other posts where considered necessary in particular circumstances:
a. very senior posts are: Chief Executive, Statutory Chief Officers, Non-statutory Chief Officers, Monitoring Officers, and Deputy Chief Officers;
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315 b. politically sensitive roles are: those directly giving regular advice to the council or any of its committees or other meetings of elected members; and/or speaking on behalf of the cuncil on a regular basis to journalists or other media; and c. the rest of the workforce are: unrestricted but with the option for restrictions to be applied to a post if deemed appropriate by the council’s standards committee after proper advice and consideration.
24. Restricted activities should be limited to:
a. standing for election as an MP, MEP, AM or a councillor on a principal authority; or b. holding office in a political party, including acting as an election agent or sub-agent.
Equalities
25. The Government, working with the EHRC should amend relevant guidance to make it clear that local authorities’ new duty to facilitate democratic engagement (see Recommendation 1) is covered by the equalities duties.
26. The Government, working with the EHRC, should amend the relevant legislation to include specific requirements for councillor equalities targets as an element of Race, Gender and Disability Equalities Schemes, are bound by the positive duty in the Race Relations Amendment Act. We also recommend that the agreement covers disability and gender equality duties.
27. The EHRC should be asked to assess local authorities’ compliance with their councillor diversity targets (see Recommendation 26) as set out in their Equalities Schemes, and to work within those authorities who are least reflective of their communities, the bottom 10 per cent, to assess whether they should make more efforts to change the situation, and if necessary to support initiatives to help them to do so. The EHRC should make an assessment at the time of whether lack of representativeness may also be due to inaction by local political parties or indeed the wider community.
28. The EHRC, IDeA and DIALOG should seek to revise the Local Government Equality Standard framework to give local authorities a clearer responsibility to promote equality of opportunity in terms of opportunities for participation as elected representatives.
29. In recognition of the important role of local authorities in promoting equality of opportunity for participation as elected representatives, councillor diversity should be formally commented on as part of performance assessments, though it should not directly affect CPA/CAA scores.
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316 30. Disabled people should not encounter additional barriers to serving as a councillor, therefore:
a. all candidates considering themselves as having a disability should be offered an assessment by a trained officer to assess their needs in advance of arrival in post and to consider any reasonable adjustments that can be made; b. guidance should be provided to local authorities clarifying which of councillor’s duties are covered by the requirement for reasonable adjustments; and c. councillors should be treated as council employees, including under the Access to Work scheme, as the lack of cover for ‘unofficial’ duties could provide a disincentive for disabled councillors.
Political Parties
31. National party leaderships should:
a. recognise more visibly the value of councillors and work with them proactively, so they can be seen to be an integrated part of the system of governance; and b. encourage local parties to recruit as candidates suitably able people who share their values and have demonstrated leadership qualities but who may not have a lengthy record of party activity.
32. We support the recommendation made by the Commission on Integration and Cohesion, that the EHRC and the Electoral Commission should work together to seek a voluntary agreement on the part of political parties to behave as if they are bound by the positive duty in the Race Relations Amendment Act. We also recommend that the agreement covers disability and gender equality duties.
33. The recommended move to multi member wards provides opportunities to address gender and other imbalances in representation, and we would encourage political parties to select a range of candidates including those who are women, and/or from ethnic minority backgrounds and other underrepresented groups.
34. The provision of any public funding for political parties at the local level should be dependent upon political parties signing up to a voluntary agreement as at Recommendation 32, and should specifically be dependent upon demonstrating progress in terms of equalities targets as set out in their Race, Gender and Disability Equalities Schemes.
35. A dedicated fund should be established to provide public money to political parties, specifically for projects aimed at improving the recruitment, training and selection of candidates.
36. Political parties should, in conjunction with local authorities and in association with organisations leading this work, such as Operation Black Vote and the Fawcett Society, develop training and outreach programmes, to assist those who
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317 need the opportunity to develop the presentational and political skills to stand as candidates.
37. The LGA and IDeA should assist local political parties in determining best practice in candidate selection, by developing advisory materials and training programmes to support them.
38. As recommended by the Lyons Inquiry into Local Government, party groups should extend exceptions to enforcing the party whip on the grounds of conscience to allow councillors greater leeway to represent ward issues.
Support
39. Councils should adopt modern business and meeting processes which seek to remove potential barriers to participation. This should include:
a. ensuring meeting times are accessible to both members and the public, with a preference for early evening meetings to enable working councillors to attend; b. ensuring meetings are chaired efficiently and have agreed maximum lengths; c. making use of modern technology to enable involvement in meetings without the need to attend in person; d. ensuring paperwork for meetings is concise and focused and provided in a timely fashion; and e. making meetings as welcoming and inclusive as possible.
40. The Government should introduce legislation in order to enable involvement in meetings including, but never limited to, voting, without the need to attend in person.
41. The IDeA/LGA/LGLC should develop a Charter regarding minimum standards of member support which local authorities should agree to provide. This should at least include:
a. administrative support for case work, communications and diary management; b. research support for ward work; c. IT equipment for use at home, (PC or laptop, broadband access etc) and IT support; d. arrangements and publicity for surgeries; e. arrangements for child and dependent care cover (at minimum fully covering costs, and preferably organised home care); and f. social networking training and support.
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318 42. Councils should support councillors to develop their skills by offering:
a. a flexible and time-sensitive induction programme, which utilises a range of learning methods; b. an option for ‘refresher’ and ‘ongoing’ training for all councillors; c. personal development plans regarding development needs and opportunities; d. opportunities to be partnered with mentors within and/or outside one’s own council; e. self and peer review schemes leading to tailored support packages for councillors; and f. training in approaches to community development.
Minimum standards of development support should form part of the support Charter proposed in Recommendation 41.
43. The IDeA’s Charter of Member Development should be further developed to recognise good service to representatives, and it should be agreed that councils should only be awarded the Investors in People status if they can demonstrate a high level of service to councillors, not just to council employees.
44. As part of the support Charter proposed in Recommendation 41, there should be an expectation on councillors that they take up appropriate training and development opportunities offered to them by their local authority.
45. Political awareness and an appreciation of the councillor role should be regarded as a core training need for local authority officers. In recognition that few opportunities are available for officers to observe councillors carrying out council duties, specific awareness raising opportunities should be developed including councillor involvement in officers’ induction events/programmes and opportunities to shadow members in their ward work.
46. The Department for Communities and Local Government, in liaison with local government groups, should issue clear guidelines regarding which member support activities should be considered political and which non-political, and therefore which activities can be funded by local authorities. It should be made clear to councils that surgery support and case work support is always legitimate.
Employers
47. Employers should ensure that they have in place an HR policy in respect of time off work for public duties, including for work as a local councillor. These should be agreed with trades unions or employee representatives, as appropriate.
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319 48. Local authorities should use established and new avenues to actively liaise with local employers. They should:
a. engage with local employers to raise awareness of the role and its transferable skill-set; and explain employers’ duties in respect of time-off; b. recognise the contribution made by local employers of councillors for example by sending letters welcoming and thanking them for their support; c. equip councillors for and assist them in negotiating with employers; d. provide information packs to both councillors and employers; and e. involve employers in shadowing/induction events etc.
49. The IDeA/LGA should:
a. develop a generic employers information pack, to be adapted for local use; b. develop generic information for councillors for negotiating with employers, to be adapted for local use; c. reintroduce a Good Employers’ Award; and d. work with employer organisations to publicise the role employers have in supporting councillors.
50. A financial compensation scheme, to be administered by local authorities should be developed which allows small businesses to claim a flat rate for absences resulting from employees’ councillor duties. Appropriate rates should be included in the National Framework on Allowances (see Recommendation 57), and should take account of regional variations in pay.
Accrediting and Recognising Service
51. The IDeA/LGA should work with local authorities to promote a model of accreditation of councillor skills based on best practice. This should enable the validation of the everyday skills developed by councillors, such as negotiation and communication skills, and also allow councillors to undertake more formal course-based qualifications.
52. The IDeA/LGA should work with local authorities to develop schemes for recognising and celebrating individuals’ service and skills as a councillor and providing an opportunity to remain civically active.
53. Opportunities should be explored for national and trade media to recognise councillors through public service awards or similar.
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320 Parachute Payments
54. A national framework for members’ allowances (see Recommendation 57) should include a scheme of ‘parachute payments’ for elected mayors, leaders and executive portfolio-holders who lose office through the action of the electorate. The payments should be at least equivalent to statutory redundancy pay and linked to time served in office.
Exit Interviews
55. In order to understand and address the needs of and opportunities provided by individuals who stop being councillors, all local authorities should undertake exit interviews, with a view to:
a. providing the council with systematic evidence of why councillors decide not to stand for re-election and whether anything can be done to address this; and b. providing individuals with opportunities for them to continue to be civically engaged.
56. In order to develop a clear understanding of the profile of councillors:
a. the census of local authority councillors should be continued; b. the LGA/IDeA should reinstate their national exit survey; c. a census of parish and town councillors should be introduced; and d. the survey of candidates standing for election should be continued.
Allowances
57. A national framework of guiding principles for members’ allowances schemes should be developed. It should specify a national minimum basic allowance for each type and size of authority. Councils should have regard to the national framework in framing their own schemes but should be able to opt to appoint their own local or regional independent remuneration panel. The framework should also make recommendations in respect of parish and town councillors.
58. All councillors should be entitled to access to the local government pension scheme, and any allowances for serving on joint authorities should also be taken into account.
59. The Department for Work and Pensions should review the earnings disregard for benefits in respect of members’ allowances, and in particular move to disregard renounced members’ allowances for benefits purposes.
60. The National Framework for members’ allowances (see Recommendation 57) should not preclude small allowances being made available to councillors to communicate with their electorate, including where content is explicit about their political allegiance and activities.
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321 Effectiveness
61. In order to maintain confidence in local councillors, Local Authority Standards Committees should be empowered to suspend and claw back part of the basic allowance on the limited occasions where councillors are measurably failing to fulfil their role description.
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322 Appendix 4
Local Government and Public Services Committee Electoral Arrangements in Wales Scrutiny Project, December 2006
List of Recommendations
1. We recommend that the Elections Planning Group co-ordinates all Wales voter registration and explores the scope for cost rationalisation and staff capacity.
2. We recommend that the Welsh Assembly Government and the Welsh Local Government Association explore how joined up delivery of public services, in the light of the Beecham Report and the Local Government Regionalisation agenda, can contribute to tackling cost and capacity issues for Electoral Registration Officers.
3. We recommend that the Elections Planning Group considers the long term implications for capacity to deliver individual registration as highlighted by evidence from the Association of Electoral Administrators (AEA).
4. We recommend that the Elections Planning Group works with the AEA and Electoral Commission to co-ordinate promotional work on a national and/or regional basis for voter registration.
5. We recommend that the Elections Planning Group investigates the experiences of initiatives such as the Right to Vote project and assesses the feasibility of rolling out a programme to targeted groups across Wales.
6. We recommend that the Assembly makes full use of the powers provided for in Schedule 11 of the Government of Wales Act 2006 to promote registration for the Assembly elections in 2007 – in particular the fact that it is possible to register up to 11 days before polling day.
7. We recommend that the Assembly Commission to be set up after the Assembly election in 2007 makes full use of its powers under paragraphs 5 and 6 of Schedule 2 of the Government of Wales Act 2006 to promote registration for Assembly elections in the future.
8. We recommend that the Elections Planning Group takes steps to monitor public attitudes to the security of the postal voting system in Wales.
9. We recommend that the Elections Planning Group takes a lead in setting standards for postal voting packs that are simple and straightforward to use and use language that is accessible to the majority of people.
10. We recommend that the Elections Planning Group considers guidelines for advising people about changing their method of voting to ensure that they are simple and straightforward and there is adequate publicity.
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323 11. We recommend that the Welsh Assembly Government and the Welsh Local Government Association encourage Welsh local authorities to apply to the UK Government to pilot methods of electronic voting.
12. We recommend that the Elections Planning Group takes steps to ensure that guidelines on access to polling stations are consistent and obligations under the Disability Discrimination Act 1995 are made explicit in all guidance.
13. We recommend that any guidance for polling station staff should take account of the needs of voters with learning disabilities.
14. We recommend that the Elections Planning Group commissions an assessment of training needs for polling station staff across Wales on issues regarding access and identifies appropriate organisations and mechanisms for delivering training.
15. We recommend that targets are set for local authorities for the percentage of polling stations that are fully accessible to all abilities.
16. We recommend that the Elections Planning Group considers what mechanism could be created to ensure that any problems identified in polling station manager’s reports are acted on and addressed as a matter of priority.
17. We recommend that the Welsh Assembly Government and the Welsh Local Government Association encourage Welsh local authorities to apply to the UK Government in order to participate in any pilot schemes involving the use of alternative venues for voting.
18. We recommend that the Elections Planning Group explores the scope for cost rationalisation and joined-up delivery of electoral services in Wales that will allow electoral administrators and returning officers to carry out their duties and responsibilities, including those introduced by the Electoral Administration Act 2006, effectively.
19. We recommend that the Elections Planning Group considers regional and nation-wide approaches to the promotion of voting by young people.
20. We recommend that the Elections Planning Group considers rolling out targeted initiatives to encourage socially and economically excluded groups of young people to vote.
21. We recommend that the ongoing review of the curriculum, including the public consultation exercise, should pay particular attention to the need to develop political understanding amongst young people and to teach them about the roles, policies and positioning of political parties as well as political processes.
22. We recommend that guidance to schools on the teaching of ‘political literacy’ should specifically include teaching about political parties and young people’s role in the democratic process as well as basic political concepts.
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324 23. We recommend that the Welsh Assembly Government reviews guidance to senior school management and governors to ensure that the importance of promoting political literacy in the life of the school in a balanced and non-partisan manner is recognised and to encourage inviting voluntary, private and public service organisations, including political parties, into schools to facilitate debate amongst pupils.
24. We recommend that the Welsh Assembly Government takes a coordinated approach to the guidance it gives schools on the operation of school councils and on citizenship activities, to ensure that these are properly contributing to pupils’ political understanding and appropriate links are being made between school council activities and other citizenship initiatives, such as inviting politicians into schools.
25. We recommend that the Welsh Assembly Government reviews its internal structures to ensure that a strategic co-ordinated approach is taken to the delivery of citizenship education, from curriculum development to teacher training and classroom activities.
26. We recommend that guidance and training should focus on ensuring that all pupils, regardless of their background, are encouraged equally to participate in school councils and other citizenship initiatives and that Estyn should monitor representation and participation from an equality perspective.
27. We recommend that measures are put in place to ensure that all secondary schools deliver Personal and Social Education (PSE) using specially trained and resourced teachers.
28. We recommend that the Welsh Assembly Government takes the lead in facilitating training of teachers in PSE, providing resource packs for such training and supporting teachers in the delivery of PSE.
29. We recommend that the Welsh Assembly Government ensures that existing examples of good practice in citizenship and political education are adequately disseminated to all schools and youth groups in Wales.
30. We recommend that the Assembly Commission and local authorities develop initiatives that provide young people from different backgrounds with opportunities to shadow elected politicians from the Assembly and Local Government, and to participate in debates with politicians. Such initiatives should take account of existing good practice in Wales and elsewhere.
31. We recommend that it should be a requirement to provide bilingual support and advice to people through both the registration and voting process in all electoral areas of Wales. Where it is not possible to have bilingual staff present, people should be able to access personal advice in the language of their choice, for example via a freephone number.
32. We recommend that targeted support and advice in languages other than Welsh and English, through both the registration and voting process, should be provided in electoral areas in Wales according to need.
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325 33. We recommend that continued efforts are made to improve the accessibility of all electoral material in Wales and to take full account of the needs of people with learning disabilities, limited literacy and those whose first language is not English or Welsh.
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326 Item No. 15 (1)
Joint Report of the Head of Communications, Overview & Scrutiny and the Overview & Scrutiny Coordinating Group
Council – 22nd October 2009
OVERVIEW & SCRUTINY STRATEGIC WORK PROGRAMME 2009/10 - UPDATE
Summary:
The report provides an update on the Overview & Scrutiny Strategic Work Programme for 2009/10.
FOR INFORMATION
1. INTRODUCTION
1.1 In order to ensure a coordinated approach to the work of overview and scrutiny, Overview Board and Scrutiny Board Work Plans are to operate within the framework of an overarching Annual Overview & Scrutiny Strategic Work Programme, which is overseen by the Overview & Scrutiny Coordinating Group (OSCG).
1.2 The work plans of the 9 Overview & Scrutiny Boards are guided by the respective roles agreed by Council:
Overview Boards Scrutiny Boards • engagement in the • holding the Council’s development of key executive (and other corporate policies, decision-makers) to account strategies and plans that for decisions or actions will impact on the future of taken Swansea • ensuring that public • contributing to the services are delivering for development of partnership the people of Swansea strategies and plans • action plan / corporate • developing & reviewing the performance and project Community Strategy monitoring • involving the community in • ensuring a ‘citizen centred’ policy development approach to improving service delivery.
2. OVERVIEW AND SCRUTINY STRATEGIC WORK PROGRAMME 2009/10
2.1 The work of the 9 Overview and Scrutiny Boards includes a mix of
327 in-depth reviews, service / policy briefings, follow up of previous reviews, referrals, and monitoring. Taken together these form the overall Overview & Scrutiny Strategic Work Programme.
2.2 The Strategic Work Programme attached as Appendix A provides a forward look for a period of three months, and also provides a mechanism to report back on the outcome of monitoring and assessment activities.
2.3 Whilst Boards set their own work plans, the Coordinating Group has a role in ensuring that the work of overview and scrutiny is: • manageable, realistic and achievable given resources available to support activities; • relevant to corporate priorities and focus on significant areas; • adding value and having maximum impact; • coordinated and avoids duplication.
2.4 It is expected that the work of overview and scrutiny should represent a significant and constructive programme of activities that will: • help improve services; • provide an effective challenge to the executive; • engage Members in the development of polices, strategies and plans; • engage the public.
3. NEXT STEPS
3.1 An update on the Overview & Scrutiny Strategic Work Programme will be reported to every OSCG meeting and onward to Council.
3.2 The Group has an important role in monitoring progress with the Work Programme and providing the forum for resolving issues with regard to either processes or in tackling specific pieces of work, sharing of experiences positive and negative, and improving the effectiveness of this work.
3.3 To encourage involvement in the work of the Boards, the Strategic Work Programme will also be publicised through the website (www.swansea.gov.uk/scrutiny), and the 'Open Source' briefing, which provides a regular communication to all Councillors, officers and external partners.
Background Papers: None
Contact: Brij Madahar, Overview and Scrutiny Coordinator Ext. 7257 Legal Officer: Rod Jones
Date: 13th October 2009
328 APPENDIX A Overview & Scrutiny Strategic Work Programme 2009/10 (Oct - Dec) - as at 12th October [KEY: CYP – Children and Young People; ERC – Environment, Regeneration & Culture; FABI – Finance, Audit & Business Improvement; HSCWB – Health, Social Care & Well Being; C&FS – Child & Family Services]
1. Current Reviews Review Board Stage Next Steps
Effects of Child CYP Evidence Task & Finish Group - Poverty on Scrutiny Gathering 12/10/09 Educational - Implications of the new Attainment WAG Child & Family Measure on Child Completion Expected: Poverty December 2009 - Research findings – Initiatives / Good Practice Task & Finish Group 09/11/09: Evidence from Cabinet Member(s) & Directors of Social Services and Education Task & Finish Group 23/11/09: Initial Discussion of Findings / Conclusions Board – 14/12/09: Draft Final Report Development of CYP Evidence Task and Finish Group Youth Support Overview Gathering 14/10/09 - Visit to Services Gorseinon Youth Centre to meet youth workers & Completion Expected: young people February 2010 Task & Finish Group – 18/11/09 – Visit to Montana Youth Club & So To Do Project Board - 02/12/09:Youth Support Services Work with Schools & Information on the Professional Youth Network Developing Cycling ERC Conclusion Draft Final Report – Action Plan Overview 30/11/09 Completion Expected: November 2009
Communities First ERC Evidence Visiting a newly designated Scrutiny Gathering Communities First Area
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
329 (Sketty Park ) 12/10/09 To consider conclusions / Completion Expected: recommendations January 2010 23/11/09 Draft Report 04/01/10
Medium Term FABI Evidence Update report to Board – Financial Planning Overview Gathering 19/10/09 Task & Finish Group to meet with Executive Completion Expected: Director Resources & April 2010 Cabinet Member for Finance – TBA Task & Finish Group to have a series of meetings with each Heads of Service – TBA Provision of Support HSCWB Evidence Task and Finish Group for the Elderly Living Scrutiny Gathering 22/10/09 - “All together at Home now” project review day Cost Analysis – November Completion Expected: Outcome Model April 2010 information - TBC Assistive Technology, Charging – WAG documents - TBC Task and Finish Group - Consultation with staff and service users – November to December 2009
2. Child & Family Services Overview & Scrutiny Activity Meeting
Task & Finish Groups Findings Report to Board – 13/10/09 undertaking reviews of: • Workforce • Family Support Services • Assessments Policy Briefing – Children & Board – 13/10/09 Young People Plan Review Self-Evaluation Exercise Task & Finish Group – 13/10/09 to review work of the Board, strengths / weaknesses, and actions for improving effectiveness.
Assessment and Case Board – 3/11/09 (A full review of the Management Teams - restructure, which took place in Jan Restructure 2009)
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
330 3. Previous Reviews / Recommendations to Cabinet Review Board Stage Progress Effective Partnership HSCWB Awaiting To be scheduled for Working Scrutiny Decision Cabinet Swansea Metro Project ERC Awaiting To be scheduled for Scrutiny Decision Cabinet Youth Offending CYP Action Cabinet decision - Service Scrutiny Plan 08/10/09 and Council 22/10/09 (for info.) Integrated Service CYP Action Cabinet Decision – 27/8/09 Provision for Children & Overview Plan and Council (for info) Young People Council’s Use of FABI Follow Action Plan accepted - Consultants Scrutiny Up 22/10/08 Monitoring Implementation – 4/11/09 Council’s e- FABI Follow Action Plan accepted - Government Scrutiny Up 22/10/08 Programme Monitoring Implementation – 4/11/09 Door to Door Rent HSCWB Follow Action Plan accepted - Collections Up 12/08/09 Monitoring Implementation – 4/11/09 Working with the ERC Follow Action Plan accepted – Community to Reduce Scrutiny Up 26/1/09 Crime Monitoring Implementation – 14/12/09 Social Services HSCWB Follow Action Plan accepted – Community Transport Scrutiny Up 15/7/09 Monitoring Implementation – 16/12/09 Older People’s Respite HSCWB Follow Action Plan accepted – Services Overview Up 9/9/09 Monitoring Implementation – 24/2/10 School Attendance CYP Follow Action Plan accepted – Scrutiny Up 22/9/08 Monitoring Implementation 08/03/10 Energy Management FABI Follow Monitoring Implementation Scrutiny Up – 10/3/10 Population Estimates & FABI Follow Action Plan accepted – The Census Overview Up 23/2/09 Monitoring Implementation – 7/09/09 Further monitoring required – TBA
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
331 Compact with the FABI Follow Monitoring Implementation Voluntary and Overview Up - TBA Community Sector
4. Referrals Topic From Board Next Steps Are You Being Served? Council – FABI Report back to Council – - The Report of the Sep 09 Overview 22/10/09 Councillor Commission Expert Panel Wales HMOs & Use Classes Council, ERC Board to agree response Order Aug 07 Overview & report back to Council Tackling Excess Council, ERC Board to agree response Packaging Aug 07 Overview & report back to Council
5. Scheduled Briefings Topic Meeting Date For Children and Young CYP Scrutiny 13/10/09 Board People Plan Review Flexible Working FABI Overview 19/10/09 Board Creation of a Council Wide FABI Overview 19/10/09 Board Work Experience/Training Scheme Draft Brief for Light Rapid ERC Overview 19/10/09 Board Transit Feasibility Study Charging for the Council’s ERC Overview 19/10/09 Board Pre-Application Guidance Service Developing a Social HSCWB & CYP 21/10/09 Joint Meeting Inclusion Strategy Overview Re-shaping Direct Service HSCWB 21/10/09 Board Provision and the Medium Overview Term Financial Plan Education Effectiveness CYP Scrutiny 02/11/09 Board Service Highways Costing Process ERC Scrutiny 02/11/09 Board Cleansing Service ERC Scrutiny 02/11/09 Board 14-19 Learning Pathways CYP Scrutiny 02/11/09 Board Budget Timetable FABI Scrutiny 04/11/09 Board Furnished Tenancies HSCWB Scrutiny 04/11/09 Board Personalisation of Social Councillor Forum 18/11/09 All Councillors Services Working with Community FABI Overview 30/11/09 Board & Town Councils Public Conveniences ERC Overview 30/11/09 Board New Futures Job Fund CYP Overview 02/12/09 Board QEd 2020 Update CYP Overview 02/12/09 Board Civil Parking Enforcement Councillor Forum 09/12/09 All Councillors
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
332 Residents Parking Councillor Forum 09/12/09 All Councillors Highways Costing Process ERC Scrutiny 14/12/09 Board De-Criminalised Parking ERC Scrutiny 14/12/09 Board
6. Monitoring & Assessments Item Board Date Assessment Collaborative FABI 23/09/09 Recognition that method of Procurement - Penyrheol Scrutiny collaborative procurement School Project appears to have worked well and was a move in the right direction. Interim Audit Report FABI 23/09/09 Auditor reports progress in 2008/09 (PwC) Scrutiny addressing system issues raised in the 2007/08 report, however some weaknesses continue to exist. New recommendations have been raised to tighten up existing controls or efficiency of current operations. Some queries raised by the Board for follow up. Internal Audit Section – FABI 23/09/09 Good performance in Annual Report 2008/09 Scrutiny respect of work completed and Audit Plan 2009/10 and targets. Board to take a closer look at specific audit work and undertake more regular monitoring. Performance Monitoring – FABI 19/10/09 Quarter 1 Scrutiny Financial Monitoring – FABI 19/10/09 Quarter 1 Scrutiny Estyn Review of CYP 02/11/09 Education Services – Scrutiny Inspection Report and Action Plan Youth SS Inspection CYP 02/11/09 Report and Action Plan Scrutiny
Treasury Management FABI 04/11/09 Annual Report Scrutiny Annual Performance – CYP 14/12/09 Exclusions Scrutiny Annual Performance - CYP 14/12/09 School Attendance Scrutiny Educational Attainment CYP 14/12/09 (including wider spectrum Scrutiny of data on specific pupil
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
333 groups) Regulatory Plan 2009/10 FABI 16/12/09 Scrutiny BME Housing Action Plan HSCWB 16/12/09 Scrutiny
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
334 Overview & Scrutiny Unit – Contacts
Board Support Children & Young People Scrutiny Michelle Roberts Children & Young People Overview Michelle Roberts Health, Social Care & Wellbeing Overview Delyth Davies Health, Social Care & Wellbeing Scrutiny Delyth Davies Environment, Regeneration & Culture Overview Spencer Martin Environment, Regeneration & Culture Scrutiny Spencer Martin Finance, Audit & Business Improvement Overview Karen Shadrach Finance, Audit & Business Improvement Scrutiny Brij Madahar Child and Family Services Overview & Scrutiny Brij Madahar, Delyth Board Davies, Michelle Roberts Research Jenna Tucker Other Support Team Leader Dave Mckenna Overview & Scrutiny Coordinating Group Brij Madahar Business Forum Spencer Martin Councillor Forum Dave Mckenna / Michelle Roberts Better Swansea Partnership / Local Service Board Liz Jordan Councillor Training & Development Dave Mckenna / Delyth Davies Community Strategy Development & Review Dave Mckenna / Karen Shadrach Stakeholder Survey / Web Editor Jenna Tucker
Telephone: Dave Mckenna O & S Manager 636090 Brij Madahar O & S Coordinator 637257 Karen O & S Coordinator 636292 Shadrach Delyth Davies O & S Officer 637491 Michelle O & S Officer 637256 Roberts Spencer Martin O & S Officer 636734 Jenna Tucker O & S Research Officer 637732 Liz Jordan Project Officer 637314
Website: www.swansea.gov.uk/scrutiny E-mail: [email protected]
335 Item No. 16
Council – 22nd October 2009
COUNCILLORS QUESTIONS UNDER COUNCIL PROCEDURE RULE 15
PART A - SUPPLEMENTARIES
1. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
For the avoidance of doubt will the Cabinet Member for Community Regeneration now advise Council what was (to use his own words) the “very awkward and difficult question” that he asked at the Councillors Forum on July 15th. Would he now also unequivocally advise Council what his views are on the compulsory sterilisation (whether permanent or temporary) of parents with children in care?
Response of the Cabinet Member for Community Regeneration
To the best of my recollection, the discussion was in relation to the very sensitive issue of the situation with Looked after Children whose mothers were drug addicts. During this discussion I said that “I thought mothers, who were drug addicts, and who had had children taken into care, should be offered some form of contraception or reversible sterilisation”
I can unequivocally advise Council that, at no time during the meeting did I mention “compulsory sterilisation” and I am totally opposed to compulsory sterilisation.”
2. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Does the Cabinet Member for Education welcome the substantial Welsh Assembly Government’s investment in Cefn Hengoed School? Will he tell Council what applications were made for other schools and the sums requested?
Response of Cabinet Member for Education
The Authority’s success in its bid for capital funding to deliver the major refurbishment of educational accommodation and facilities at Cefn Hengoed is indeed welcome news, addressing as it does a major priority investment need identified as part of the QEd programme. The Authority is continuing to progress the development of a robust business case for the next priority options, working closely with the Assembly. Authorities were invited to bid for Assembly monies available in 2010-11 in June 2009, within an extremely tight timescale. A maximum of 6 proposals could be submitted by each Authority - 3 of which could be strategic in their approach and
336 each representing a capital project costing £2m and above. The remaining 3 projects to be submitted could look to capture smaller projects in the £100K to £2m range. Priority would be given in the first instance to the large scale strategic projects and it was stressed that projects had to demonstrate an ability to spend within the financial year 2010-11. The following bids were submitted, within the set deadline, on the basis that they were consistent with the priority needs identified through the QEd programme and most strongly met the criteria used by the Assembly to determine whether a proposal should be approved. • The major refurbishment of Cefn Hengoed Community School was the only strategic bid which could meet the criteria set down by the Assembly (a bid for £8m against a total cost of £9.5m over 3 financial years). Any schemes requiring a statutory notice or significant planning or other processes were effectively ruled out of consideration by the tight grant criteria. • Three smaller bids, as follows: o Clwyd Primary School – further refurbishment and enhancements to facilities to build on the recent investment on the site (a bid for £0.610m against a total scheme cost of £0.83m) o Pontarddulais Primary School – a new foundation block / enhanced facilities at the school (a bid for £0.225m against a total scheme cost of £0.675m) o Waunarlwydd Primary School – to build on existing early years bid to replace sub standard Foundation facilities (a bid for £0.518m against a total scheme cost of £0.775m) • A feasibility funding bid to further develop other primary school priority reorganisation options to support a robust outline business case to the Assembly (a bid for £0.100m against a total scheme cost of £0.110m)
It is understood that there has been agreement in principle to the feasibility funding bids, subject to further discussion regarding the nature of the work to be supported and that none of the smaller bids submitted by Authorities have been considered at this stage but may be supported in due course in later announcements, particularly if there is any spending slippage on any of the major schemes.
3. Councillors R L Smith, G Seabourne and M E Gibbs
Andrew James Enforcement is contracted by the Authority to deal with non- payment of Council tax, Business rates, Council rent and unpaid parking fines. Can the Cabinet Member confirm who appointed them, was it a decision by officers or members of Council.
1. What do they charge the Authority for collecting and processing the outstanding amounts?
2. What do they charge Debtor’s, or what levies do they impose to settle or clear the debt.
337
Response of the Cabinet Member for Finance
Andrew James Enforcement Ltd is one of two Certificated Bailiff firms used by the Council to action Council Tax and Business Rates liability orders and they are also one of two Certificated Bailiff firms used by the Council to action Road Traffic Act parking warrants. They are not used for Council Rents
Liability orders are issued by the Magistrates Court, and RTA parking warrants are issued by the County Court. These warrants can only be legally actioned by certificated bailiffs. The warrants enable certificated bailiffs to levy distress, this is the legal power of removal of certain possessions for sale if payment is not made.
There are no charges to the Council, costs for actioning the liability orders and parking warrants are legally payable by the debtors in addition to the amounts due to the Council.
The decisions as to which companies to use were taken by Officers.
The charges made to the debtors are set out below;
Council tax Parking & business rates warrants
1. First letter advising of bailiff instruction N/a £11.20
2. Visit made to property with a view to levying Distress, where no levy is made – first visit £22.50 28% of 1st £200 & 5.5% over £200
Second visit £16.50 28% of balance
Third visit N/a 28% of balance
3. For attendance with a vehicle with a view to removal of goods (where following the levy, goods are not removed ). £ 125.00 £95.00
4. For levying distress
Where the sum does not exceed £100 £22.50 £28.00
Where the sum exceeds £100 22.5% on 1st £100 28% on 1st £200 4% on next £400 5.5% over £200 2.5% on next £1500 1 % on next £8000 0.25% on any other
338 The above charges are laid down in the relevant legislation, with the exception of item 3, where the legislation states – reasonable costs and fees incurred. For this charge Andrew James Enforcement Ltd charge the fee only once, regardless of the number of subsequent visits.
There are additional charges applicable if goods are removed and sold. These are mainly shown as reasonable costs and fees incurred.
Following HMRC rulings the Council is required to pay VAT on the charges incurred for council tax and business rates and it is then reclaimed, whilst the debtor is liable for VAT on the charges incurred for parking warrants.
4. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Cabinet Member for Housing advise Council of the savings made both in the Housing Revenue Account and in staffing given the decrease in the number of Council houses now managed by the authority?
Response of the Cabinet Member for Housing
Over the past three complete financial years, gross expenditure on management and maintenance within the Housing Revenue Account was £29.05m in 2006/07, £28.4m in 2007/08 and £27.15m in 2008/09. A reduction of £1.9m over the period.
Of this, gross expenditure on salaries during 2006/07 was £7.1m, in 2007/08 it was £7.1m and in 2008/09 it was £6.8m.
To provide an accurate comparison, the figures have been adjusted for inflation.
In relation to the number of Council houses managed by the authority, at the end of 2006/07 this was 13,793, at the end of 2007/08 the total was 13,689 and at the end of 2008/09 the total was 13,654. This represents a reduction of 139 over the three year period.
5. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Cabinet Member for Housing provide Council with a detailed update on his plans for achieving the WQHS by the deadline set by the Welsh Assembly Government?
Response of the Cabinet Member for Housing
Achieving the Welsh Housing Quality Standard by 2012 is a Welsh Assembly Government (WAG) objective for all social housing in Wales. However, in Swansea, there is a significant shortfall between the amount of money the Council can access under current financial rules and the amount that needs to be spent in order to achieve this standard.
339 The policy of the WAG is that for authorities where such a shortfall exists, the only option to secure the additional investment is to transfer the stock to another Registered Social Landlord. It is also WAG policy that there can be no stock transfer without a ballot of tenants. Swansea Council tenants have previously rejected such a proposal in a confidential ballot.
Given these circumstances, it will not be possible to meet the Welsh Housing Quality by the deadline set by the Welsh Assembly Government.
Tenants and other key stakeholders are to be engaged on how the stock should be improved over the longer term. In the meantime, repair and maintenance programmes will be targeted to ensure the structural integrity of the stock is maintained and where possible, their thermal efficiency is improved.
6. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the appropriate Cabinet Members tell Council • What budget has been put into Education and Social Services for ‘Team around the Child’ • Who is the lead officer (i.e. who takes responsibility for delivery in respect of an individual child) and Who supports the family and/or child?
Response of the Cabinet Members for Education/Social Services/Business Improvement & Efficiency
‘Team Around The Child’ (TAC) is a process which is followed after completion of a Common Assessment Framework (CAF) form. The CAF would be completed for a child or young person with the consent of the parent(s)/carer(s) and provide an assessment across a range of aspects of development. Once completed, the Team Around The Child Co-ordinator would convene a meeting between a small number of key agencies, the child or young person and the family/carer and help achieve an outcome from the meeting. In the meeting the key issues of concern and solutions to address the concerns will be identified and a ‘key worker’ assigned to the child/family and that person to ensure that the agreed outcomes are met. This person is decided on the basis of who is most suitable to link with the child/family and may be a person in a school, a health visitor, a youth worker etc. There can be a variety of outcomes from a meeting which may entail a single agency providing support, or several agencies needing to work together, or possibly referral to Social Services. The support may be for the child or young person or the parent(s)/carer(s) or both.
The ‘Team Around The Child’ requires specific funding for the TAC Co-ordinator who has a critical role in ensuring the CAF is filled in appropriately, the meetings are convened and the agreed action occurs. £45k has been made available through the Cymorth grant to fund the TAC Co-ordinator, expenses and other small costs such as IT and training. No other additional specific funding is required for the process as it relies on agencies providing the support from their existing resources.
340 The ‘Team Around The Child’ process has been piloted in one school catchment area and community and is being rolled out over time to other communities, initially focusing on the most deprived communities which reflect the greatest need.
Similar approaches have been successfully used in Swansea over many years and the multi-agency approach to Family Group Conferencing is one such example.
7. Councillors M E Gibbs, G Seabourne and R L Smith
Can the Cabinet Member confirm the number of schools within the City and County of Swansea that do not have a school patrol officer due to the current financial restrictions? Why is there no funding available when there is a risk for the safety of our children?
Response of the Cabinet Member for Environment
The Council does not have a statutory obligation to supply School Crossing Patrols. However there are currently 93 registered School Crossing Patrol Sites within the City and County of Swansea. At present 27 of the 93 registered sites are vacant.
If an existing registered school crossing patrol site becomes vacant, the continued need for the site is surveyed and reviewed against the criteria recommended in the 2009 guidelines created by Road Safety GB (formerly LARSOA). A report, considering those sites that do not meet the criteria, is being prepared. However most sites meet the criteria and the vacancies are then advertised. In view of the financial pressures facing the Council, vacant posts are generally held for a period before being advertised. However this requirement does not now apply to School Crossing Patrol posts.
Nevertheless it continues to be difficult to attract and retain new patrols, and it is this, rather than funding issues, that is the cause of the high number of vacant posts. This is recognised as a problem across the UK.
8. Councillors G Seabourne, R L Smith and M E Gibbs
The Authority employs agencies to provide a “back up” service for refuse / recycling collections. Can the Cabinet Member confirm the cost of this service? Is it “Best Value” or would it be more cost effective to employ a pool of personnel within the relevant department to carry out duties which will include this service.
Response of the Cabinet Member for Environment
The Authority does already retain a small pool of employees to back up the refuse collection service on a day to day basis. This is principally to cover rest day working, holidays and sickness.
341 The projected cost of agency staff this year on collection services is £1.12m. Of this, £850,000 is for staff employed on the collection of recyclables, and is funded from specific waste grant. Because the continuation of this grant is not guaranteed, the use of staff funded in this way can be more easily adjusted in line with the current or necessary level of funding.
The remaining cost of £280,000 is to provide cover for permanent staff. The use of agency staff further supports this and other front line services. This is a cost effective way of maintaining the exact number of employees required operationally on a day to day basis. As this is less than the equivalent cost of directly employing staff we are able to provide more employees to carry out all front line services and therefore provide best value within the available budget. This also allows flexibility in the workforce to meet the ever increasing demands of our statutory landfill and recycling targets.
9. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Cabinet Member for Education advise Council how many schools in the City & County of Swansea set Deficit budgets or operated deficit Balances in both the previous and current academic years?
Response of the Cabinet Member for Education
The authority’s budgets and accounts are all set and produced on a financial year rather than academic year basis. On that basis:
To 31 March 2008, 4 secondary and 4 primary schools were in deficit (which means they either set deficit budgets in the first place or operated deficit balances in practice)
To 31 March 2009, 4 secondary and 7 primary schools were in deficit (which means they either set deficit budgets in the first place or operated deficit balances in practice).
10. Councillors R L Smith, M E Gibbs and G Seabourne
Although dogs are not allowed on certain beaches between 1st May and 30th September inclusive there is evidence of dog fouling and dogs off leads during this period. Can the Cabinet Member confirm the number of fines or prosecutions between these dates in the current year?
Response of the Cabinet Member for Environment
I can confirm that there have been no fixed penalty fines or prosecutions for dog fouling or dogs off their leads this year. The dogs on leads byelaw only applies to the promenades on the whole of Swansea Bay, Langland, Rotherslade and Caswell. It does not apply to dog-friendly beaches where dogs are permitted.
The Animal Warden responds to specific reports of dogs on beaches during normal working hours. Any owners found taking their dog on any beach where
342 the beach ban applies are advised of the byelaw. Prosecution remains an option for persistent offenders. Limited patrols are carried out during the normal hours due to other statutory responsibilities such as collection of stray dogs etc. The Environment Department has no provisions for patrolling the beaches out of hours due to financial constraints. However, there are arrangements for staff, such as beach lifeguards, who regularly work on beaches during the summer to act as “eyes and ears” especially in respect of persistent offenders or trends which require attention at any location.
PART B – NO SUPPLEMENTARIES
11. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Does the Cabinet Member for Environment consider the introduction of the bendy bus (also known as the Ftr Metro) a success?
Response of the Cabinet Member for Environment
Yes. Operation up until 16th September has been part of an introductory phase. From 16th September all daytime journeys Monday to Saturday are operated using the ftrmetro vehicles. Feedback from passengers has been positive and passenger numbers are growing steadily.
12. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Many of our staff have contact with vulnerable adults. Will the appropriate Cabinet Member/s tell Council what training programmes have been put in place to ensure all staff have had adequate training under P.O.V.A.? How many have staff have been trained to date and is this across all departments of the Council?
Response of the Cabinet Member for Social Services
Figures have been included from over the previous twelve month period which were sourced from the annual report.
The following Protection of Vulnerable Adults (POVA) training is delivered on a regular basis and is open not only to Social Care staff within Social Services but also to partner agencies and the private and independent sector.
The information on who attends POVA training from across all Departments of the Council is not recorded in a format that is easy to extract specific information from. We will ensure plans are put in place to address this shortfall in the recording process.
343 Level 1 – Induction & Awareness
This is around general awareness raising and is delivered by line management or at induction to department.
Value Base training
It was recognised via the type of referrals that we were receiving that there was a need to go back to basics with people and this training was re-established.
Last year there were nine two day training sessions with 129 staff participating.
Level 2 – Recognition and Referral
This is for staff who have direct and regular contact with vulnerable adults and is aimed at raising general awareness of issues around vulnerable adults the potential for abuse, and to develop an understanding of their role and responsibilities in relation to Protection of Vulnerable Adults issues, including the completion of VA1 ‘Referral’ form – where appropriate.
During 2008 – 2009 Social Services delivered sixteen 2 day sessions to 265 staff.
Level 3 – Protection of Vulnerable Adults Decision Making information sharing and inter agency working a) Targeting designated lead managers and staff who have an agency responsibility to contribute to the decision making process. Aimed at developing a broad understanding of:
• Protection of Vulnerable Adults procedures and the referral process • Roles and responsibilities – following receipt of referral or disclosure • Initial information gathering. • Initial risk assessment • Rules governing unilateral decision making • Information sharing • Strategic process - when to hold a strategy discussion/meeting, roles And purpose of meeting. • Implications of ‘capacity & consent’ • Understanding ‘Achieving Best Evidence‘ • Completion of VA2 and other VA documentation • Managing non criminal investigation guidance b) Targeting Designated Lead Managers who will be required to lead the Inter agency Strategic process
Aimed at developing an in depth understanding of Strategic processes
• When to hold a strategy discussion/meeting • Managing strategy meeting timescales
344 • Purpose of strategy process • Managing appropriate attendance • Roles and responsibility of persons attending • Developing investigative action plans • Risk assessment and action planning • Managing investigative timescales • Managing interface between the investigation and discipline processes • Managing overview of agency non criminal investigations • Considering requirement to hold review strategy meeting and timescales • Concluding strategic process • Managing interface between strategic and case conference processes.
Level 3 has only recently been revised and re-launched and only one training session delivered although a further one is due on 28/29th September. Each session has 23 participants.
Prior to its revision all qualified adult social care social workers, team leaders and managers of establishments should have received this training. While there has been no level 3 training staff have been attending the level 2 as an interim measure.
E-learning around the level 2 training is being progressed throughout the Authority by Social Services within this year. There have been two sessions for providers (internal and external) with a further session planned for the autumn to equip managers to promote the e-learning package of level 2 within their organisations. This package is excellent but is not intended to replace face to face training, but is to be used as a refresher or as an interim measure while staff are waiting for the level 2 training. Throughout this year a total of 288 people have registered for the course. The private sector have the largest number of staff registered with a total of 196 staff registered making up 69% of the total care staff registered for level 2 e-learning. Of the 288 staff registered for e-learning 191 staff have already completed the course.
Costings
Typical cost of running Protection of Vulnerable Adults courses is £436.00. Average 20 attendees per course = £21.80 per delegate.
April 2008 – March 2009 projected costs were 19 courses x £436.00 = £8,824.00.
Actual costs were £7,085.00.
Catch up training
The catch up training was established targeting those who had not been able to undertake the level 3 training due to it being revised as well as for those who had undertaken level 3 previously but needed to be aware of all the different elements that now comprised the level 3 training.
345 A one day “catch up” training has been delivered on three different days which primarily reflects the 2nd day of the level 3 pack. This has resulted in a total of 35 staff trained with more sessions planned into the New Year.
Designated Lead Manager Training
It was recognised that there was a need for additional training for Team Leaders in Adult Services who act as Designated Lead Managers for Protection of Vulnerable Adults. Consequently a two day training session was delivered to all the adult team leaders.
Level 5 - Strategic Corporate Management for Adult Protection
This is targeted at Chief Officers and Strategic Management Staff; Elected members; AAPC Members and any other co-opted professional and/or representative. This will enhance understanding around:
• Procedures and the roles and responsibilities of policy requirements and Inter-Agency working. • Complaints • Review of Serious Cases • Monitoring, Evaluation and Planning • Prevalence • Resources/Funding • Training Issues • CSSIW Returns.
Conclusion
We have staff attending primarily the level 2 training across varying services within the Authority although this is not as widely advertised as could be as there is a need to target those who have direct care contact. Staff from Social Care who work in the voluntary and independent sector also attend level 2 and where appropriate level 3 training.
In addition, training has been delivered to G.P.’s, magistrates, and Local Health Board members.
Members of the Protection of Vulnerable Adults team have attended various team meetings, e.g. Housing, Tenancy Support, NEAT team, Leisure services to discuss Protection of Vulnerable Adults and their role within the Safeguarding agenda.
13. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Do the appropriate Cabinet Member/s agree that all children should have the best protection possible?
346 Will he/they assure Council that all staff who come into contact with young people have been C.R.B. checked?
In particular would he/they assure Council that all such checks were completed before the staff started work?
Would he/they specifically advise Council
• How many Summer Play Schemes programmes were organised over the Summer period and where they were located • Whether all staff employed on/involved in the Summer Play scheme programme have been C.R.B. checked? If not, why not? In his/their answer would he/they state how many staff were involved in the Summer Play schemes, how many were CRB checked and when these checks were performed?
Response of the Cabinet Members for Business Improvement & Efficiency
All Cabinet Members are clear in their views that children should have the best protection possible. I am sure that this is a position shared by all Councillors. There are very clear arrangements within the Authority in terms of CRB checks for all those staff for which this is relevant. The necessary work is addressed by the CRB Unit within the Human Resources Service.
The requirements for CRB checks are very clear and where required, they are undertaken. On occasion staff may commence employment prior to the CRB check being completed but only where approved by the appropriate Corporate Director and after assurance that no-one is placed at risk. This is necessary on occasion to ensure that employment is secured. Employment with the Authority is dependent on a satisfactory CRB check where this is necessary.
Community Regeneration 22 summer open access play schemes have been supported this year through the annual Play Fund operating through the Community Regeneration Service Unit. The grant enabled schemes to take place at: Strawberry Place, Morriston; Bishopston Primary School; Brynmill; Clase Family Centre; Gors Avenue Community Centre; Swansea Community Farm, Fforestfach; Gellionnen School, Clydach; Ysgol Gynradd Bryniago, Pontardulais; Trallwn School; Paraclete Church Hall, Newton; Red Café, Mumbles; Spark Centre, Blaenymaes; St Phillips Community Centre, Brunswick Methodist Church Hall; Mayhill Community Centre; Ty Fforest Community House; St Thomas Community School; Penlan Adventure Playground; Garden City; Penllergaer Primary School and Portmead Primary School.
These schemes require all employees and volunteers on site while a scheme is in operation hold a current enhanced CRB disclosure that is less than 3 years old. Schemes are run by community projects and it is a requirement of the grant that checks are made. This is explained in eligibility criteria, in organiser (and other) training and is a part of the quality assurance that the Play Team piloted this summer.
347 Staff and volunteers will have either had a new check in 2009, or currently meet the requirements of having had a check in the past 3 years. Approximately 120 staff and volunteers were employed/worked on these schemes over the summer but it should be noted that the Council is not the employer. Projects obtaining a grant are made aware of the various ways to obtain CRB checks. Some go through their own affiliated body, e.g. local Diocese, SCVS / WCVA and others go through the Council's own CRB Team. As the Council is not the regulatory body for all checks, it cannot confirm the exact numbers of volunteers involved. The summer open access play schemes are run by external organisations and the responsibility to ensure checks are in place lies with those organisations. Where the Council provides play opportunity directly, for example via the mobile play service, it can be confirmed that 11 staff were involved and all have an appropriate enhanced CRB check.
Culture & Tourism Holiday Clubs were provided at Morriston, Penyrheol and Cefn Hengoed Leisure Centres and employed 10 staff between them all of whom had been CRB checked during the last 3 years.
Child & Family Services Summer Play Schemes were provided at Mayhill Family Centre and at the Early Years Development Team in Lakeside and 4 employees were employed who had been CRB checked during the last 3 years.
Local Authority Holiday Care Scheme This was run at St Helen’s Primary during the summer for Council employees and 5 people were employed on a part time basis all of who were CRB checked. It should be noted that all schemes are registered with the CSSIW who ensure that CRB checks have been undertaken.
14. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
For the period from its first scheduled run until the 31st August 2009, will the Cabinet Member for Environment tell Council how many journeys the bendy-bus (also known as the Ftr Metro) has made, what were the projected and actual passenger numbers, average percentage capacity achieved and how many accidents have involved the bendy-bus since its inception, both here in Swansea and elsewhere?
Response of the Cabinet Member for Environment
As at the end of August, 2712 vehicle journeys had been completed using ftrmetro vehicles, and more than 88,000 passenger trips had been completed. The peak number of passengers boarding on a single journey was 136. These figures predate full implementation and are for a period before students return.
The ftrmetro service is a commercial service, and passenger number targets are a matter for First Cymru, though of course my officers are working closely on monitoring the service and actual passenger numbers. Since the numbers
348 referred to above are for the introductory period of partial implementation, there are no available projections of passenger numbers.
First Cymru report five minor incidents involving ftr metro vehicles since June. Reports from initial investigations suggest that in only one case, when a ftr metro vehicle clipped a road sign, was the ftr metro driver at fault.
15. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the appropriate Cabinet Member inform Council how much it charged for using the car parks at Langland and Caswell Bays last year and this year; how much was raised during the 6 months of operation last year, and how much is expected to be raised this year during 12 months of charging. Will he also inform the council how much extra it is costing to patrol these car parks during the winter months, and who is employed to undertake these patrols.
Response of the Cabinet Member for Environment
The charges in Langland and Caswell Bays, first for 2008 and then for the current year, are: 2008 2009 Up to one hour £1.00 and £1.10 Up to two hours £2.00 and £2.20 All day £3.30 and £4.00
The income from these car parks between April and October 2008 was £119,570, and for the current financial year (April 2009 to March 2010) is estimated to be £175,000.
Civil Parking Enforcement Officers currently employed by the Council will undertake patrols of these car parks and the cost of additional patrols to cover the winter periods will be approximately £3000.
16. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Leader look at a new Transport Plan for the Liberty Stadium? Will he agree that the charge for using the Park & Ride at Landore should be priced at a lower rate on match days, and will he agree that the site at Llansamlet should be used as a Park & Ride on match days, at a realistic rate? These actions will then avoid indiscriminate parking in the Landore area.
Response of the Cabinet Member for Environment and Leader
The responsibility for the Stadium Travel Plan ultimately rests with the stadium operators, STADCO and the Council is assisting them with a review of the original travel plan in the light of experience to date . An officer task group has been established to facilitate the review, including representatives from STADCO , the police , planning , highways, SWWITCH , parking services ,environmental health and corporate property .This will look at all options to
349 encourage more sustainable modes of travel to the stadium and to address the existing reported problems of indiscriminate car parking in the area on match days. Park and ride and car parking tariffs , including those at Landore and Llansamlet , will be part of that review , as will making more use of the improved public transport facilities which run past the stadium with the introduction of the Metro service and the opening of the Landore Express bus route . Parking enforcement will continue to be rigorously pursued whilst the review is being undertaken. A user survey is being currently being designed to provide data on existing travel patterns to and from the stadium and to provide the baseline information for the review. Reducing the park and walk tariff at Landore alone would not address the fundamental issues.
17. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
As the Cabinet Member for Business Efficiency and Improvement has neglected to reply to (or forgotten) my supplementary question at last Council, I ask her again whether she is aware that there are temporary members of staff who have worked for this authority for five years or more and not been given permanent contracts. Can we be told why this is the case? Will she also tell Council whether temporary staff are paid at the same level as those in permanent employment?
Response of the Cabinet Member for Business Improvement & Efficiency
The Cabinet Member responded to all Council questions within a week but unfortunately overlooked this one, for which she has already apologised.
Employees on a succession of fixed term contracts for a continuous period of 4 years or more are considered to be permanent employees under the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Those employed under fixed term contracts must not be treated any less favourably than those in permanent contracts and as such receive the same rate of pay when they are employed in the same posts.
The Authority has recently confirmed a number of employees with over 4 years service as permanent in post. There are also a significant number of school based employees mainly Teaching Assistants, who have been employed under a succession of fixed term contracts of five years or more. The HR Team has recently written to all Headteachers reminding them of the need to comply with the Regulations and confirm affected employees in post.
Temporary staff employed by the Council are paid the same as permanent employees.
Posts can be filled temporarily for a variety of reasons which will depend on the individual circumstances of both service areas and notably schools.
Those workers (not employees) engaged through an agency, can receive a different rate of pay to those directly employed by the Council depending on the
350 rate that has been agreed with the agency as part of the Corporate Agency Contract.
18. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Cae Castell estate in Loughor is around 9 years old. What progress has been made on the adoption of the roads in the estate?
Response of the Cabinet Member for Environment
“With regard to the development of Cae Castell I am able to report as follows.
The Development is covered by a Section 38 Agreement and an appropriate Bond.
All highway works have been completed to the appropriate standard.
Only one matter remains outstanding and this relates to adoption of the sewage system by the water authority.
Once Dwr Cymru confirms this the adoption process can be concluded”.
19. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
In default of the promised response from the Leader of Council could he or the appropriate Cabinet Member advise what progress is there to report on completion of the outstanding 200 metres of the Celtic Cycle Trail to the rear of Leucarum Court and Cae Castell in Lower Loughor?
Response of the Cabinet Member for Environment
I wrote to Councillor Richards on 24th August explaining the position. That letter confirmed the intention to construct an off-road cycle route to remove the need for cyclists to travel via Culfor Road.
However the route requires land owned by two developers, and although the land is to be made available for the construction of the cycle route, these transfers of land will not take place until the developments are complete. Whilst one developer has agreed in principle to transfer the land early, and the legal processes for this are under way, the other developer wishes to complete development work first.
Once the land is transferred the cycle route can, subject to funding, be constructed.
351 20. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Leader/appropriate Cabinet Member advise Council on what policies are in place to ensure that senior officers or officers from the same sections or with parallel or relieving/deputising responsibilities are not on leave at the same time? Will he/they advise how effective these policies have been in practise? Will he/they advise whether any temporary or agency staff have had to be taken on to cover such absences, and if yes, how many there were and at what cost to the Authority?
Response of the Cabinet Member for Business Improvement & Efficiency
There is no formal policy on this issue. Directors are required to ensure that there is appropriate and sufficient senior management cover at all times including traditional holiday periods. Heads of Service are required to nominate a specific deputy when they are on leave. Temporary or Agency staff are not ordinarily engaged to cover such absences.
21. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Now that the plans for a new Asda supermarket have be agreed for Gorseinon, the Council will receive a considerable financial benefit (some £11 or £12million). Can Council be advised whether any of this money will now be made available to finally upgrade the annexe to Penyrheol Comprehensive School?
Response of the Cabinet Member for Finance
The Capital Programme agreed by Council on 23rd February 2009 highlighted a forecast shortfall in capital funding of £3.6m. The financial monitoring report to Cabinet on 27th August 2009 noted that this forecast shortfall has now increased to £4.4m.
Council has previously agreed that capital receipts should not be allocated to specific projects until such time as the overall corporate target for capital receipts has been achieved. This remains the case and it is not possible to consider any additional capital spending proposals until the current target has been fully achieved.
There are a number of cost pressures on the current programme - including significant school building maintenance needs - which will need to be considered when the programme is reviewed in February 2010.
352 22. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
The Cabinet Member for Business, Improvement & Efficiency has also neglected (or forgotten) to reply to a question asked at a previous Council in respect of International Women’s Day. It is acknowledged that she has also apologised for this oversight. However, will she now advise Council how it celebrated International Women’s Day this year, how it was publicised and what her plans are for next year and the following years?
Response of the Cabinet Member for Business Improvement & Efficiency
The City & County of Swansea is now and always will be engaged with a number of activities and is an enthusiastic supporter of international cultural events. This involves strengthening partnerships and working to promote active partner leadership in developing initiatives and events on an annual basis including International Women’s Day.
Traditionally Swansea has worked with partner organisations such as MEWN and the Women’s Centre to celebrate International Women’s Day. However last year AWEMA (All Wales Ethic Minority Association), having received specific funding, approached and included the Council in partnership work on an event it was planning. AWEMA held an event which drew an audience from across Swansea and the rest of Wales but I acknowledge more should have been done on behalf of the Council to promote what was happening even though the Council was not leading the activity. This is something we will most certainly address in 2010.
Regarding future years we will be looking to actively work with other partner agencies with a view to hosting a programme of events based on collective participation and linking into to other cultural event themes such as ‘Legacy of Hope’. With the current spending pressures this will obviously be dependent on approved Council funds being agreed.
23. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Cabinet Member for Housing please tell Council
• The exact number of all voids in the City and County and their location by ward. • The loss of rental from these voids?
Response of the Cabinet Member for Housing
The total number of voids across the City and County stood at 348 as at 30th September 2009. The breakdown of these voids by Ward is as follows
353
BONYMAEN 12 CASTLE 22 CLYDACH 10 COCKETT 23 CWMBWRLA 3 GOWERTON 5 KINGSBRIDGE 1 LANDORE 1 LLANSAMLET 11 LOUGHOR UPPER 1 LOUGHOR LOWER 3 MAWR 7 MORRISTON 34 MYNYDDBACH 21 PENDERRY 77 PENYRHEOL 5 PONTARDULAIS 9 SKETTY 17 ST. THOMAS 2 TOWNHILL 73 UPLANDS 1 WEST CROSS 10 TOTAL 348
It should be noted however that of the 348, 73 were available to let with the remainder in the various stages of preparation.
The rent loss to date on the 348 properties totals 177,079K.
The number of voids has improved significantly since the same period last year when our voids stood at 395.
24. Councillors D Phillips, J Burtonshaw, J Miles, B Lloyd, C Thomas, M Child, C Richards, P Matthews, R Francis-Davies and R Stewart
Will the Cabinet Member for Finance advise Council what would be the projected total cost including interest if the £600,000 paid to Cap Gemini in respect of the failed payroll system were capitalised ?
Response of the Cabinet Member for Finance
The projected total cost over the life of the contract with Capgemini is £749,000.
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