Barry Davies LL.B (Hons) Solicitor/Cyfreithiwr County Legal and Democratic Services Officer Swyddog Gwasanaethau Cyfreithiol a Democrataidd y Sir
TO: ALL MEMBERS OF THE COUNCIL Your Ref / Eich Cyf Our Ref / Ein TW Cyf Date / Dyddiad 30/10/2008 Ask for / Mike Thomas Gofynner am Direct Dial / 01352 702324 Rhif Union Fax / Ffacs
Dear Sir / Madam,
A meeting of the FLINTSHIRE COUNTY COUNCIL will be held in the COUNCIL CHAMBER, COUNTY HALL, MOLD on TUESDAY, 06 NOVEMBER 2007 at 14:00 to consider the following items.
Yours faithfully
Assistant Director (Democratic Services)
A G E N D A
1. PRAYERS
2. APOLOGIES FOR ABSENCE
3. PUBLIC QUESTION TIME In accordance with the decision taken at the Annual Meeting held on 22 June, 2004 the Public Question Time session is now part of the Council meeting agenda. The Monitoring Officer will report to the meeting on any questions that have been received.
4. COUNCIL MINUTES To confirm as a correct record the minutes of the meeting held on 31 July 2007 and of the Special Meeting on 27 September 2007 (copies enclosed)
5. DECLARATIONS OF INTEREST To receive any Declarations of Interest from Members.
County Hall, Mold. CH7 6NA Tel. 01352 702400 DX 708591 Mold 4 www.flintshire.gov.uk Neuadd y Sir, Yr Wyddgrug. CH7 6NR Ffôn 01352 702400 DX 708591 Mold 4 www.siryfflint.gov.uk
The Council welcomes correspondence in Welsh or English 1 Mae'r Cyngor yn croesawau gohebiaeth yn y Cymraeg neu'r Saesneg Flintshire County Council
6. NOTICE OF MOTION The following Notice of Motion has been received from Councillor T. Renshaw
"Delivery of Health Services in Flintshire"
That in view of the funamentally flawed consulation process undertaken by the Flintshire Local Health Board, pertaining to the provision of a primary health care resource centre in Flint and the genuine perceived views of many elected Members that there has been a significant failure to deliver in regard to improved surgery facilities. We, Flintshire County Council, call upon the Minister responsible, Mrs Edwina Hart MBE, AM, to realign the Local Health Boards based on the voluntary model being carried out by Conwy and Denbighshire.
7. CHAIRMAN'S COMMUNICATIONS
8. VACANCY - CONNAH'S QUAY SOUTH ELECTORAL DIVISION The Chief Executive will report.
9. PETITIONS
10. EXECUTIVE AND COMMITTEE REPORTS To receive reports from the Executive and Council's Committees and receive questions and answers on any of those reports.
11. QUESTIONS FROM MEMBERS ON COMMITTEE MINUTES 23/10/2007 23/10/2007 23/10/2007
12. JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS' REPORTS To receive reports about and receive questions and answers on the business of joint arrangements and external organisations.
13. CLWYD PENSION FUND UPDATE Report of County Finance Officer enclosed
14. REVIEW OF ELECTORAL ARRANGEMENTS FOR CILCAIN COMMUNITY COUNCIL – CILCAIN WARD AND HIGHER KINNERTON COMMUNITY COUNCIL Report of Chief Executive enclosed
15. REVIEW OF POLLING DISTRICTS AND POLLING PLACES Report of Chief Executive enclosed
16. REPORT BY THE PUBLIC SERVICES OMBUDSMAN (WALES) Report of County Legal and Democratic Services Officer enclosed
17. OVERVIEW & SCRUTINY ANNUAL REPORT Report of County Legal and Democratic Services Officer enclosed
18. FOOD SERVICE PLAN 2007/2008 Report of Acting Director of Environment & Regeneration enclosed 2 Date: 30/10/2008 Flintshire County Council
19. QUESTIONS To note the answers to any questions submitted in accordance with County Council Standing Order Number 9.4(a).
20. SEALING OF DOCUMENTS (A) To authorise the Chairman and Vice-Chairman and the County Legal and Democratic Services Officer to affix the Common Seal of the County Council between meetings of the County Council. (B) To note the Action of the Chairman and Vice-Chairman and The County Legal and Democratic Services Officer in affixing the Common Seal of the County Council as set out in the Seal Register No. 8870-9068.
3 Date: 30/10/2008 FLINTSHIRE COUNTY COUNCIL 31st JULY 2007
Minutes of the proceedings of the Meeting of the Flintshire County Council held in County Hall, Mold on Tuesday 31st July 2007.
PRESENT
Councillor Mrs A Minshull (Chair) Councillors: Mrs D Banks (Vice Chair), L A Aldridge, J B Attridge, S R Baker, D Barratt, Colin Bithell, D Butler, J C Cattermoul, D M D Clayton, D L Cox, P J Curtis, R Davies, Mrs G D Diskin, Q R H Dodd, R C Dodd, C J Dolphin, B Dunn, C A Ellis, D Evans, E F Evans, F Gillmore, J J Griffiths, Mrs R Griffiths, R G Hampson, P G Heesom, M Higham, H T Howorth, H D Hutchinson, H T Isherwood, G A Jones, J F Jones, R K Jones, Mrs S Jones, C Legg, E E Matthews, Nancy M Matthews, Mrs H J McGuill, W Mullin, J Ovens, M J Peers, N Phillips, T Renshaw, K W Richardson, H G Roberts, L A Sharps, C Shone, A P Shotton, I R Smith, N R Steele- Mortimer, W O Thomas, T Walker, W M Warburton, D T M Williams, G D Williams, D E Wisinger, A Woolley and M J Wright.
APOLOGIES
Councillors: J G Beard, R C Bithell, A G Diskin, H Gambino, R J T Guest, A E Hannah, G Hardcastle, N Humphreys, R P Macfarlane, I B Roberts, Pamela J Walkden and D R Wilkes.
IN ATTENDANCE
Acting Chief Executive, County Legal and Democratic Services Officer, County Finance Officer, Assistant Director ICT and Customer Services, Head of Technical Services (Community and Housing), Interim Head of Customer and Housing Services, Assistant Director (Development and Resources), Assistant Director Community Care, Chief Planning Services Officer, Head of Democratic and Electoral Services and Democratic Services Manager.
Principal Solicitor for Mniute No. 170.
The Chief Executive designate was also in attendance.
164. SENIOR AIRCRAFTSMAN PETER McFERRAN
At the commencement of the meeting the Council held a minutes silence as a mark of respect to Senior Aircraftsman Peter McFerran from Connah’s Quay who had been killed in action in Basra, Southern Iraq.
165. PRAYERS
Immediately following the minutes silence the Chairman’s Chaplain, the Reverend Stephen Green, conducted prayers.
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166. AMMENDMENT TO ORDER OF THE AGENDA
At the commencement of the meeting the Chair indicated that the item in relation to:-
“Prohibition Order On Mineral Site At Bryngwyn Quarry, Gwernymynydd”
would be brought forward in the agenda as a number of members of the public were in attendance to hear this item.
167. PUBLIC QUESTION TIME
The County Legal and Democratic Services Officer reported that no questions had been received.
168. COUNCIL MINUTES
a) 22nd May 2007
RESOLVED
That the minutes of the meeting held on 22nd May 2007 be approved as a correct record and signed by the Chairman.
In accepting the minutes as a correct record, the Leader of the main opposition group referred in particular to Minute number 148 relative to Council Plan 2007/8. Whilst noting the comments of the Leader contained in the minute, he commented that it was his understanding that the Council Plan would be subject to review and further consideration the following year.
b) Special Meeting 28th June 2007
RESOLVED
That the minutes of the Special Meeting of the County Council held on 28th June 2007 be approved as a correct record and signed by the Chairman.
169. DECLARATIONS OF INTEREST
Councillors N Matthews, H Isherwood, M Wright, N Phillips declared an interest in respect of the following item and left the meeting whilst it was being discussed:-
“Prohibition Order On Mineral Site at Bryngwyn Quarry, Gwernymynydd.”
- 2 - 5 Councillor Stella Jones declared an interest in respect of the following item and left the meeting whilst it was being discussed:-
“Clwyd Pension Fund Change in Policy On Abatement.”
170. PROHIBITION ORDER ON MINERAL SITE AT BRYNGWYN QUARRY, GWERNYMYNYDD
The Council considered the joint report of the Acting Director of Environment and Regeneration and the County Legal and Democratic Services Officer previously circulated.
The purpose of the report was to seek authorisation to serve a prohibition order in relation to land at Bryngwyn Quarry, Gwernymynydd under the provisions of Section 102 of, and Schedule 9 to the Town and Country Planning Act 1990. A plan showing the quarry was attached as Appendix 1 to the report.
In presenting the report the County Legal and Democratic Services Officer indicated that the recommendation contained in his report had been approved by the Executive at a meeting held on 15th May 2007. However, prior to its proposed submission to the County Council meeting on 22nd May 2007 a letter was received from solicitors acting for the quarry operator. In the light of certain matters raised in that letter the report was deferred from that meeting. Advice had since been obtained from both Counsel and Geological and Environmental consultants. The advice received was incorporated in the report.
The County Legal and Democratic Services Officer reported that earlier in the day, at 12.22 pm a further letter had been received form Aaron & Partners, the solicitors acting for the owners of the quarry. A copy of that letter had been circulated to the Members at the commencement of the meeting.
The Council agreed an adjournment of ten minutes to allow them the opportunity to read the letter from the solicitors.
When the meeting resumed the County Legal and Democratic Services Officer continued his report. He advised that although the letter had only been received shortly before the meeting the Council’s consultants, Halletec Associates, had examined the content of the letter and expressed a view that it did not alter their overall conclusions. Counsel had also indicated that they felt it was in order for the Council to proceed at this meeting on the basis of the recommendation contained in the report. The County Legal and Democratic Services Officer explained there were some issues of detail in the letter, but that this would not affect the recommendation and would be addressed by officers. He suggested a minor change in the wording of his recommendation which was accepted by the Council.
- 3 - 6 A Member, whilst accepting the thrust of the report sought clarification on an issue dealt with by the former Clwyd County Council and the course of action it had taken and which had subsequently resulted in heavy financial penalties. However, the Principal Solicitor who was also present for this part of the meeting, and had assisted in the preparation of the report now under consideration, was aware of the circumstances referred to by the Member but explained it was a totally different set of circumstances and the concerns raised were not relative to this particular application.
Members commented that the decision was significant as there were other quarries in a similar situation throughout Flintshire. It was duly proposed and seconded that the recommendation subject to the amendments advised by the County Legal and Democratic Services Officer be approved, and on being put to the vote this was carried.
RESOLVED
That the making and serving of a prohibition order to prevent the resumption of mineral working at Bryngwyn Quarry, as detailed on the plan attached as Appendix 1 to the Report, be approved and that the Chief Planning Services Officer be granted delegated powers to take all necessary action to implement the decision.
171. NOTICES OF MOTION
The following Notice of Motion had been received from Councillor L A Aldridge:-
“Following the disastrous floods affecting many parts of England and Wales in June 2007, and our own experiences in 2001, I call upon the whole Council now that the Unitary Development Plan is on deposit subject to public inspection and deliberation, to begin to discuss the merits of this Authority examining a major change to housing development in the future. To examine the need for a new town thus preventing the ongoing process of merely “bolting-on” to existing communities which eventually will make them unsustainable”.
In presenting the Notice of Motion, Councillor Aldridge, acknowledged the current status of the Unitary Development Plan and the fact that the Public Inquiry was due to commence in September, and congratulated all those officers and Members alike, who had been involved in the preparation of that plan. Council Aldridge indicated that the main purpose of the motion was to generate a debate.
He felt it to be important to take into account the future developments beyond the life of the “Unitary Development Plan” and particularly the advent of the “Local Development Plan” and the fact that preparatory work relating to that plan would have to be undertaken in the comparatively near future.
- 4 - 7 Councillor Aldridge referred to his concern regarding the extent of the development along the A548 corridor and its location to the River Dee. He advised of an assessment already undertaken by Flint Town Council in respect of diminishing salt marshes in their area. He explained the use of the expression “bolting-on” whereby communities were developed by just adding on to existing settlements when the infrastructure was not in place to cope with increased development. He referred to the recent tragic flooding cases in Gloucestershire and surrounding areas and those slightly earlier in the year in the Yorkshire area. In 2001 Flintshire had had similar experiences but the agencies had worked together to address that problem. However, he did not wish to see the recurrence of such an event.
In his Notice of Motion he referred to the establishment of a new town and explained that he was not necessarily suggesting this was the answer but used IT as a catalyst to generate debate. As a positive way forward he suggested that as soon as it was reasonably possible, the Chief Executive in consultation with the Leader call a summit of all interested agencies, relevant stake holders and Members of the appropriate Committees of the Council to discuss a way forward in a constructive environment to develop a future strategy. In seconding the proposal, the Leader of the Council also referred to the devastation of the flooding problems and reiterated the current status of the UDP. He supported the motion, again as a means of generating informed debate. In commenting upon the Local Development Plan he advised that there was a statutory process relevant to its development. A number of the issues he felt would require active discussion with neighbouring authorities. The Leader supported an early debate to allow identification of a strategic direction to be established. A number of Members spoke on the motion and whilst not accepting the principle of the development of a new town, very much welcomed the opportunity for a debate because they had similar concerns to Councillor Aldridge regarding the level of infrastructure in place to accommodate development. Members commented upon current practices whereby development was allowed subject to certain conditions relating to drainage etc and they felt it may be more appropriate for such things to be in place before the application was even considered.
Members also expressed concern at the negative attitude of neighbouring English Authorities who had implemented strict development control policies near the border which had put pressure on housing allocations in Flintshire and made it difficult to meet the needs of local people with a subsequent increase in the cost of housing.
Members also referred to historical circumstances particularly in relation to Deeside, Buckley and Mynydd Isa areas whereby considerable development took place at a rapid rate to accommodate, in the main, the work force from industrial development in the Ellesmere Port and the Merseyside areas. At that time property in the area was available and affordable although the related support services were not in place. The Council was also aware that the economy of Flintshire was now thriving and was an attractive place to reside.
- 5 - 8 It was suggested that this was very much a North East Wales problem and many of these issues did not stop within council boundaries and suggested that representations needed to be made at WLGA level to give authorities the necessary powers to tackle flooding and the like.
The Leader of the main opposition group supported the sentiment of the motion and concurred that it was necessary to start preparation for the Local Development Plan. The Council shared his view that there should be an active Member involvement and that all Members of the Council should be invited to any event organised in line with recommendation of Councillor Aldridge. Councillor Aldridge was pleased to accept this point.
As the discussion progressed it became apparent that there was support throughout the Chamber for the main points of the discussion and a number of Members commented that they would be pleased to support the motion with the exception of the final paragraph and the reference to the new town.
The Executive Member for Environment and Regeneration who had been actively involved in progressing the Unitary Development Plan, reiterated the point regarding the emergence of the Local Development Plan. Members shared the view that when determining any future plan that it would be able to address issues for many future years and not just the immediate length of the plan. A Member also expressed a view that there was often misleading information relative to climate change and that it was the cause of flooding and that this type of issue should be properly researched and addressed in any plan.
The Chief Planning Services Officer confirmed that the officers fully recognised the views expressed and were aware of the challenges ahead. However, at present there was a capacity issue because all staff in the Planning Policy Division were committed to the working on UDP Public Inquiry which would roll from September to December. This point was acknowledged by Members. Summing up, Councillor Aldridge indicated that he was pleased that the motion he had submitted had had the desired effect and generated discussion. He welcomed the active contributions throughout the Chamber and felt that it was a way forward. He also indicated that he had no objection to the removal of the reference to the New Town in his proposal.
RESOLVED
That at the appropriate time, the Chief Executive and the Leader arrange a summit which would involve all Members of the County Council, relevant departments, outside agencies, neighbouring authorities and key stake holders to discuss a way forward prior to the commencement of the Local Development Plan proceeding, to take into account the thrust of the Notice of Motion submitted by Councillor L A Aldridge.
- 6 - 9 172. HOUSING STRATEGY
The Council considered the report of the Interim Director of Community and Housing, the purpose of which was to consider the adoption of the Housing Strategy and submit it to the Welsh Assembly Government (WAG) in accordance with the Authority’s statutory responsibility. The report detailed the background to its preparation and identified the key considerations. To assist Members in their deliberations a PowerPoint presentation was made by Mr Mushtaq Khan. In making his presentation Mr Khan referred to the need for the preparation of the strategy, how it was developed, together with the key messages. It also identified the Council’s top priorities and how it should be taken forward. Mr Khan commented upon the key points in each of those areas. He referred to the level of consultation and he was pleased with the response. To illustrate the point in his presentation Mr Khan referred to the average price of a terraced property in Flintshire and the difficulty for first time buyers. He also referred to the number of houses built by Housing Associations in the last 5 years which was substantially less than those sold by the Council under the Right to Buy provisions. Members felt that this was a significant point and illustrated the difficulties that had to be addressed with this gap in availability.
In moving the recommendation the Executive Member for Community and Housing welcomed the report and felt that the Housing Strategy would provide robust support for the Council’s commitment to provide good housing. In seconding the motion the Leader of the Council also welcomed the report and expressed satisfaction with the level of consultation and the active input from tenants via their representative groups. He also commented upon the significance of priority ten in the presentation and although specifics had yet to be developed it was important to continue the pursuit of the Council’s right to build.
The Leader of the main opposition group commenting on the document indicated that he was not entirely satisfied with the level of the consultation or indeed the effectiveness of the stock survey undertaken. However, he was aware that it was necessary for the documentation to be submitted by a given time and it was appropriate to move on. He had suggested an addition to the proposal which was accepted by the mover of the motion. In responding to the points on consultation the Executive Member for Community and Housing expressed his disappointment that so few Members had responded to the consultation document sent out to them. One of the Members who had responded was also disappointed that his comments had not been included in the documents in that section on consultation, even if they were not accepted.
A Member expressed his concern about the actual presentation of the document and referred to a number of grammatical and spelling errors within it. He suggested that this did not reflect well on the Council in view of the importance of the document. In accepting the comments, it was agreed that the Member provide the officers with a note of the items referred to to allow the document to be amended before its submission to the Welsh Assembly Government.
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The Deputy Leader indicated that this was a live document and was open to review when views of Members could be reflected. Responding to a Member’s question, the Monitoring Officer was satisfied notwithstanding the comments made regarding grammatical errors, it was in order for the document to be approved and submitted to the Welsh Assembly Government accordingly.
RESOLVED
That the Housing Strategy as detailed in the report of the Interim Director of Community and Housing be approved subject to the inclusion of the following:-
“Mindful of the role and purposes of the Housing Strategy for Flintshire, a key issue is to confirm the role of the County Council as a Strategic Authority in the governance of the county and the provision of services to the people of Flintshire by ensuring particularly the provision of rented social housing as a County Council service”.
173. PROGRESS UPDATE HOUSING STOCK OPTIONS APPRAISAL PROCESS AND HOUSING BUSINESS PLAN
The Council considered the joint report of the Acting Chief Executive and Acting Director of Community and Housing, the purpose of which was to report to Members in accordance with the resolution of the County Council meeting held on 28th June 2007 and to seek approval to a revised timetable/action plan to complete the Housing Stock Options Appraisal and its consideration by the Council.
The report was presented by the Acting Chief Executive. He referred to the previous report to the County Council on 28th June 2007 which set out the progress of the Housing Stock Options Appraisal to be considered by the Authority. He explained that since that time the draft report from Pennington Consulting had been commissioned, and had been received, and was awaiting some final in-house financial validation work which would be completed by the end of August. At the same time further information had been obtained in respect of other retention models that had been adopted elsewhere in Wales.
The Leader of the Council reported that he had lead a delegation with other Executive Members to meet Assembly Ministers for Housing to discuss the latest date by which the Authority was required to come to a decision and the potential for the relaxation of some of the Assembly criteria in the implementation of the Welsh Quality Housing Standard.
It was noted that further discussions with the Assembly Officers had resulted in an agreement, that in view of the need to consider this further information in setting out the Housing Stock Options a decision by the County Council at its meeting on 27th September 2007, would be acceptable.
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In presenting the report the Acting Chief Executive stressed that the Assembly had made it clear that the risk of financial sanctions would be very real if the date was not met. The report detailed how the matter would now be progressed referring in particular to the reconvening of the Options Appraisal Panel. He also referred to a series of Member Briefings to take place to share all the findings on the financial viability of the various options and any service implications which would be done by the end of August. It was noted that briefings would then proceed with the unions and staff which would be followed by a Tenants Conference. The Acting Chief Executive stressed the importance of keeping to the timetable. The Leader of the Council, in proposing the acceptance of the report, expanded upon his meeting with the Ministers of the Assembly and the point made regarding the importance of meeting the deadline. In commenting upon the report, the Leader of the main opposition group congratulated the Leader of the Council on his efforts in dealing with this matter. In supporting the acceptance of the recommendation he sought assurance that financial resources would be available to allow compliance with the recommendation.
RESOLVED
That the report be noted and the timetable detailed in Section 3 be endorsed.
174. CHAIRMAN’S COMMUNICATIONS
Details of the events attended by the Chairman had previously been circulated. The Chairman drew attention in particular to a visit she had made to awards relating to “Looked After Children’s Award” and advised any Councillor who had an opportunity to visit any such events in the future to do so.
175. PETITIONS
The following petitions have been submitted and in accordance with the usual procedure would be directed to the appropriate departments:-
a) Councillor N R Steele-Mortimer
In relation to “lack of street lighting and speed restrictions on Trelogan Road from Marian Cross to Fron Heulog and on the A5151 from the Crown Inn to Min-y-ffordd”
b) Councillor H McGuill
Residents of Bryn-y-Baal and Mynydd Isa
“to ask Flintshire County Council to provide us with a pedestrian crossing on the Mold Road so that our children have a safe means to cross this busy road.”
- 9 - 12 176. EXECUTIVE AND COMMITTEE REPORTS
a) General
This item was included on the Agenda as a standard item to receive reports from the Executive and Council Committees and to receive questions and answers on any of those reports.
The following Reports were submitted in accordance with that procedure:
b) Leisure Services – Budget Decision
The report of the Assistant Director (Democratic Services) had been circulated with the agenda.
c) Executive Response to Overview and Scrutiny Report
The report of the Interim Director of Education and Children’s Services and Recreation was circulated at the meeting. In presenting the report of the Assistant Director of Democratic Services, identified in b) above, the County Legal and Democratic Services Officer suggested it was appropriate to consider the Report, in conjunction with the Report of the Interim Director of Education and Children’s Services and Recreation identified in c) above.
The purpose of the report of the Assistant Director of Democratic Services was to advise the Council of the Report from Lifelong Learning Overview and Scrutiny Committee regarding Leisure Services budget decision 2007/08 pursuant to paragraph 12 (a) of the Overview and Scrutiny Procedure Rules. The report detailed the background to its preparation and identified the main considerations. The County Legal and Democratic Services Officer expanded upon the main points of the report and explained why it had been necessary to be considered by the County Council rather than direct to the Executive. In this respect he explained the significance of the budget implications of some £10,000 which was a Council function and therefore had to be addressed by them. At the same time it was for the Executive to make a decision in relation to the service. In moving acceptance of the recommendations contained in the report of the Interim Director of Education and Children’s Services and Recreation, the Leader of the Council expanded upon the key areas and was conscious of the social inclusion aspect whereby not all residents had access to book facilities on-line or to pay by credit or debit card. It was always the intention for Council facilities to be accessible by all. The Leader of the main opposition group welcomed the report and congratulated the Leader on how he had responded to the matters in question and dealt with them appropriately. The Leader indicated that the next meeting of the Executive was 7th August 2007 and if the Council supported the recommendation it would be submitted to that meeting.
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RESOLVED
That the Executive be recommended to implement with immediate effect the retention of six receptionists at three centres to work alongside the proposed single attendant and to implement the proposed mitigation actions as detailed in 3.04 of the report.
177. QUESTIONS FROM MEMBERS ON COMMITTEE MINUTES
The County Legal and Democratic Services Officer reported that no questions had been received.
178. JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS REPORT
The County Legal and Democratic Services Officer reported that there were no reports.
179. CLWYD PENSION FUND CHANGE IN POLICY ON ABATEMENT
The Council considered the report of The County Finance Officer, previously circulated, the purpose of which was to seek Council approval for a change in the Clwyd Pension Fund’s policy on abatement in respect of pensioners becoming re-employed in local government. The report detailed the background to its preparation and the situation regarding the Clwyd Pension. The financial implications were also fully detailed.
RESOLVED
That the Clwyd Pension Fund change its current abatement policy so that pensioners becoming re-employed within local government have no reduction in their pension with effect from 1st April 2007 with the exception of the compensatory added years as detailed in 2.07 of the report.
180. POSITION OF ACTING DIRECTOR OF COMMUNITY AND HOUSING
The Council considered the report of the Acting Chief Executive, the purpose of which was to seek Members approval to an adjustment to the arrangements for the Interim Director of the Community and Housing Directorate following the departure of the agency staff member who was covering the Chief Officer post. In presenting the report the Acting Chief Executive reported on the background to the current situation and the relevant considerations he had taken into account. He explained the reasons for his recommendation and why the current Head of Technical Services had not applied for the post previously. The Leader of the Council, in moving acceptance to the recommendations, expressed his full support for the proposal. This was fully supported by the Executive Member for Waste Management and Asset Management who requested full support for the new Acting Director of Community and Housing.
- 11 - 14 RESOLVED:
(a) That the current Head of Technical Services be placed into the role of Acting Director of Community and Housing at Chief Officer Grade 2 until such time as any new proposals for restructuring the Directorate are brought into place or a decision is taken to fill a substantive Chief Officer post on a permanent basis.
(b) That the approval of any consequential minor changes in duties or responsibilities or additional resource backfilling to support lower level posts be delegated to the Acting Chief Executive or his successor in consultation with the Leader and the Executive Members for Housing and Customer Services and for Waste Management and Asset Management.
(Mr Neal Cockerton left the meeting whilst this item was being discussed).
181. MR CHRIS KAY ACTING CHIEF EXECUTIVE
The Chairman reported that this was the last full Council meeting that Mr Chris Kay would be attending prior to his retirement in September. She recorded her thanks to him for his efforts. In supporting her comments the Leader of the Council also expressed his gratitude to Mr Kay who he said took over the post at a very difficult time and undertook his duties with dignity and respect. The Leader was grateful for the advice and guidance given to him and also referred to the fact that Mr Kay had ultimate respect from Chief Executives throughout Wales. A former Leader of the Council also wished to record his thanks to Mr Kay and referred to his sense of calm which was a necessity when he took over the post. He wished him well in the future for a long and happy retirement. The Leaders of the Independent Alliance Group, the Liberal Democrat Group, a representative of the Conservative Group, Councillor Gareth Roberts on behalf of Plaid Cymru all expressed their gratitude for the way in which Mr Kay had dealt with them during his term of office, and how he had achieved respect throughout the Council. A number of other Members added their own thanks and referred to the fact that although Mr Kay had been Acting Chief Executive for some eighteen months he was the only remaining Director from those appointed at Flintshire’s inception in 1996. Members also paid tribute to the work undertaken in that post.
In responding Mr Kay indicated that he was very grateful for the comments made. Mr Kay gave a resume of his career with Flintshire County Council and how he had commenced work with Clwyd County Council some 30 years earlier. He referred to the key point of his career which he felt was the development of the Flintshire Bridge, the opportunity to set up a directorate and finally to be appointed the post of Acting Chief Executive of the Council. He thanked Members for the support they had given him during his working life and thanked them for the good wishes extended to him and his wife for their future.
- 12 - 15 182. QUESTIONS:
The following questions had been submitted in accordance with the County Council’s Standard Order No. 9.4(A) together with the answers provided by the appropriate directorate:
(a) Question from Councillor Nigel Steele-Mortimer
“The responsibility for grass cutting in Flintshire is complex and confusing for members of the public, and elected Members, to understand. Some of us hoped that the Base Budget Review, R.I.P., might have simplified this area. How many Directorates maintain grass cutting teams and how are the responsibilities divided?
In view of the fact that the County Council is now, quite rightly, distributing brown bins and asking households to put grass cuttings in them, would this now not be a suitable time to review the Council’s policy on their own grass cuttings and arrange for their collection and subsequent composting too? What is sauce for the goose should be sauce for the gander.”
The Acting Director of Environment replied as follows.
“The vast majority of grass cutting carried out in Flintshire is done through the E&R Directorate. However, the ownership of the areas of grass is spread across several Directorates e.g. schools grounds are cut by E &R through a Service Level Agreement with the schools via the Directorate of Education, Recreation and Children’s Services. This “contract” is under review and is likely to be tendered later this year.
Grass cutting of cemeteries and tenants gardens is also carried out by E&R through a Service Level Agreement with C&H.
Highway verges and open spaces are the responsibility of E&R and are cut through a combination of in-house teams and contractors.
Sheltered accommodation grounds are maintained by E&R who also hold the budget.
Through the Framework for the Future Review, the grass cutting will be carried out within Neighbourhood Services, although the client base remains unchanged.
It is proposed to review the policy for highway verges and open spaces over the coming months and open tender some areas to reduce the need for employment of agency staff during the grass cutting season.
The collection of grass cuttings is a very costly operation and there is no budgetary provision to undertake this other than in a few selected areas i.e. bowling greens and a few high amenity areas.
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This year, we have increased the frequency of cutting in selected areas in sheltered accommodations and the weekly cutting is proving successful in the reduction of unsightly grass clippings. There is a cost associated with this and the highway maintenance budget will ‘suffer’ slightly.
There is unlikely to be any increased budget for this type of work for the foreseeable future, but in the grass cutting regime will be reviewed annually.”
(b) Question from Councillor Terry Renshaw.
“While I believe that Flintshire County Council has in place a “Lone Working Policy and Procedure” I would like to know what safeguards are built into ensure that ANY member of staff visiting a customer/client, can access known information relating to that customer/client or anyone else that may be in the property, which could have the potential to put OUR STAFF at risk (i.e.) known assault or where there is a history that a customer/client has been abusive or threatening towards staff or Health issues which have the potential to put OUR STAFF at risk”.
The Assistant Director Democratic Services replied as follows:
“The Recording and use of such personal information is subject to the Data Protection Act 1998 and the guidance issued by the Information Commissioner. The Council’s Corporate Management Team have agreed a procedure that complies with the Act and with the guidance. The procedure provides a mechanism whereby relevant computer systems contain a marker or flag where it is appropriate to warn staff as a result of an individual’s previous actions. This procedure is one of many that are in place to protect the Health and Safety of Council Staff.”
(c) Question from Councillor G.D. Williams
“Should Members and Officers, when claiming mileage allowances, declare that the vehicle they are claiming allowance for is legally on the road, i.e. MOT (if required), road tax paid and properly insured?”
The Assistant Director Democratic Services replied as follows:
“At present the Council does not require Members to declare that the vehicle they are claiming allowance for is legally on the road. However, Members will be aware of the ethical issue involved should allegations be made against them under the Council’s Code of Conduct. Officers however, are required to certify that an insurance policy and road fund
- 14 - 17 licence have been operative for the period of the journeys for which a claim is made.”
183. SEALING OF DOCUMENTS
RESOLVED
(a) That the Chairman and Vice Chairman and the County Legal and Democratic Services Officer and Principal Solicitor be authorised to affix the Common Seal of the County Council between meetings of the County Council.
(b) That the actions of the Chairman and Vice Chairman and the County Legal and Democratic Services Officer and Principal Solicitor in affixing the Common Seal of the County Council as set out in the Seal Register No. 10250-10459 be noted.
The meeting commenced at 2.00 pm and finished at 5.20 pm.
184. DURATION OF MEETING;
The meeting commenced at 2.00 p.m. and finished at 5.20 p.m.
………………… Chairman
- 15 - 18 SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT
FLINTSHIRE COUNTY COUNCIL DATE: 31st July 2007
MIN. NO. MEMBER ITEM REFERS Councillor N Matthews Councillor H Isherwood Prohibition Order on Mineral Site at 170 Councillor M Wright Bryngwyn Councillor N Phillips
Clwyd Pension Fund Councillor S Jones 179 Change in Policy on Abatement
- 16 - 19 FLINTSHIRE COUNTY COUNCIL 27TH SEPTEMBER, 2007
Minutes of the Special meeting of the Flintshire County Council held in County Hall, Mold on Thursday 27th September 2007.
PRESENT: Mrs. A. Minshull (Chairman) Councillor Mrs. D. Banks (Vice-Chairman)
Councillors: L.A. Aldridge, J.B. Attridge, S.R. Baker, D. Barratt. Colin Bithell, R.C. Bithell, D.M.D. Clayton, D.L. Cox, P.J. Curtis, R. Davies, Mrs. G.D. Diskin, Q.R.H. Dodd, R.C. Dodd, D. Evans, E.F. Evans, F. Gillmore, Mrs. R. Griffiths, R.J.T. Guest, R.G. Hampson, P.G. Heesom, M. Higham, H.T. Howorth, G.A. Jones, J.F. Jones, R.K. Jones, Mrs. S. Jones, R.P. Macfarlane E.E. Matthews, H. McGuill, W. Mullin, N. Phillips, T. Renshaw, K.W. Richardson, H.T. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, I.R. Smith, W.O. Thomas, Pamela J. Walkden, T. Walker, W.M. Warburton, D.R. Wilkes, G.D. Williams, D.E. Wisinger and A. Woolley.
APOLOGIES: Councillors J.G. Beard, J.C. Cattermoul, D. Butler, A.G. Diskin, C.J. Dolphin, B. Dunn, C.A. Ellis, H. Gambino, A.E. Hannah, G. Hardcastle, N. Humphreys, C. Legg, J. Ovens, M.J. Peers, C. Shone, N.R. Steele-Mortimer, D.T.M. Williams and M.G. Wright.
IN ATTENDANCE: Chief Executive, County Legal & Democratic Services Officer (Monitoring Officer), County Finance Officer, Director of Adult Social Care, Acting Director of Community and Housing, Assistant Director of Finance, Interim Head of Housing, Interim Project Manager, Democratic Services Manager and Principal Administration Officer.
Mr Paul Horleston was also present for the item discussed in Minute No. 191
Messrs D. Newman and D. Williams of PricewaterhouseCoopers were also present.
185. PRAYERS
The meeting was opened with prayers said by Councillor R.C. Bithell.
186. FORMER COUNCILLOR EDDIE HALL
The Chairman referred to the sad death of former Councillor Eddie Hall and the Council stood in silent tribute.
The Leader of the Council led the tributes to former Councillor Hall referring in particular to his excellent work for the Council over many years especially in his role as Deputy Leader of the County Council. He also
- 41420 - referred to the dedicated work undertaken throughout the Community which was widely acknowledged and appreciated.
The Leader of the main Opposition Group, in his tribute to Councillor Hall, referred to the manner in which he had undertaken his duties and, in particular the development of the facility for Members Services which was very much to his credit.
Members representing his Community also paid their own personal tributes as did Members from other Groups across the Council Chamber. The former Leader of the Council, who was Leader when the late Councillor Hall was Deputy, referred to the significant contribution he had made towards the life of the Council and to him personally when he was his Deputy. He referred to him being a wonderful character and was a very calming influence to him during difficult times in his term of office. Members shared his view that Councillor Hall’s life should be celebrated for all he had achieved over many years.
The Chairman thanked Members for their comments.
187. MR COLIN EVERETT
The Chairman welcomed Mr Colin Everett to his first meeting of the County Council in his capacity as Chief Executive. Mr Everett thanked the Chairman and expressed his appreciation for the welcome he had received since his appointment.
188. URGENT ITEM
The Chair indicated that she had allowed an additional item to be included on the Agenda because she was satisfied that it was urgent. The County Legal and Democratic Services Officer reported that it related to the current proliferation of Public Inquiries and he would expand upon it at the appropriate time in the meeting.
189. DECLARATIONS OF INTEREST
Councillor N. Phillips declared an interest in Minute No. 191 below and left the Chamber whilst it was being discussed.
190. STATEMENT OF ACCOUNTS 2006/07
The Council considered the report, previously circulated, of the County Finance Officer, the purpose of which was to seek Members approval of the final Statement of Accounts for 2006/07. Full copies of the Accounts had been circulated with the papers for the Audit Committee which had been held on the 25th September 2007 and Members had been requested to bring those papers with them to this meeting.
- 41521 - The views of the Audit Committee were circulated prior to the commencement of the meeting. The report was presented by the County Finance Officer which detailed the background to its preparation and the relevant considerations. The report indicated that as part of the final Accounts process, PricewaterhouseCoopers had presented to the Audit Committee on 25th September 2007, the report “ISA 260 – Communication of Audit Matters to those charged with Governance”.
The County Finance Officer explained that this required the Auditor to communicate relevant matters relating to the audit of the financial statements to those charged with Governance of the entity. The report detailed the significance of this.
In the papers circulated at the meeting, detail was given of the notification of changes to the final Statement of Accounts in the various section under the following headings:-
1. Statement of Accounting Policies 2. Core Single Entity Financial Statements 3. Note to the Core Financial Statements 4. Group Statements
In moving the acceptance of the report, the Chairman of the Audit Committee paid tribute to staff in preparing the documents in such a timely manner, taking into account the earlier timescales requested by the Welsh Assembly Government to finalise the accounts. This view was supported by the Vice-Chairman who seconded the acceptance of the accounts.
RESOLVED
(1) That the unadjusted mis-statements included in Appendix A of PricewaterhouseCoopers ISA260 report, be agreed.
(2) That the Statement of Accounts be accepted subject to the minor adjustments which had been referred to at the meeting of the Audit Committee and circulated at the meeting.
191. HOUSING STOCK OPTIONS APPRAISAL
The Council considered the previously circulated joint report of the Chief Executive, Acting Director of Community and Housing, County Finance Officer and Monitoring Officer which had been submitted on behalf of the Corporate Management Team.
The purpose of the report was to appraise Members of the available options for the future delivery of the County Council’s social housing function and the achievement of the Welsh Housing Quality Standard (WHQS). It was also necessary for the Council to determine its preferred course of action to allow this to be reported to the Welsh Assembly Government. The Chief Executive opened the presentation of the report.
- 41622 -
The Chief Executive reported that it was a presumption of the Welsh Assembly Government that the Council would opt for Stock Transfer if it did not have an approved business plan in place to secure the WHQS through retention. At present the Council did not have such a plan in place. If the Council did pursue the Stock Retention Option it would result in a mandate being given for such a plan being prepared with the necessity for a dialogue with the Welsh Assembly Government.
The report detailed the background to its preparation and referred in particular to the considerable challenges the Council had to meet with its obligations as a landlord to approximately 7,500 households. Foremost amongst those challenges was the need to improve the condition of dwellings to meet modern living standards and lifestyle. Reference was made to the relevance of the Welsh Assembly Government’s National Housing Strategy and its vision for housing in Wales. It was noted that the Strategy was based around the central theme of quality and the Assembly’s ambition to bring all social housing upto the WHQS by 2012.
The report also detailed the Guidance published by the Welsh Assembly Government in 2002 to Local Authorities and the preparation of the Housing Business Plans for Social Housing. It was a clear requirement that Councils must demonstrate how they intended to achieve the WHQS by 2012. In preparing the first draft business plan under this regime for submission to the Welsh Assembly Government in 2003, the County Council argued that it could only achieve the WHQS by 2012 by making use of considerable Social Housing Grant funding to re-develop a large proportion of its non-traditional properties. The business plan presented at that time was rejected by the Welsh Assembly Government as not being fit for purpose.
The Council noted that the Guidance issued required that under such circumstances it needed to evaluate alternative management and financial arrangements that could secure the Government’s objectives for social housing standards. The Welsh Assembly Government had been clear on its determination to secure from all Councils a firm indication of how they were going to achieve the WHQS.
The Council was informed that in 2006 it commissioned a desktop study to review the previously rejected housing business plan submitted to the Assembly and to identify the work needed to prepare and agree a compliant plan that met the requirements of the WHQS. Arising out of that study, the Council undertook work which led to the development of a robust Stock Options Appraisal and the subsequent submission of either a compliant business plan or Stock Transfer Option to the Welsh Assembly.
A Stock Options Appraisal Project Manager had been appointed to oversee the work and an Advisory Stock Options Panel comprising of tenants, staff and Councillors was formed to undertake the Appraisal process and to make its observations and recommendations to the meeting of the Council.
- 41723 - The Chief Executive introduced the officers present who had contributed to the preparation of the report. In addition to the report, supplementary advice had been issued to Members earlier in the week as a number of queries had been received regarding paragraph 4.13.6 of the Housing Stock Options Appraisal. The report referred to the preliminary exercise which had been carried out to assess whether a demolition option for the Flint maisonettes could be accommodated within a transfer option. Accordingly, the supplementary advice had been produced, for Members to consider along with the report in advance of this meeting. Papers for this meeting had been made available to Tenant Groups and other interested persons the week before the meeting.
The Chief Executive advised that this was a significant decision for the Council to make. Key to those deliberations was the necessity to achieve the WHQS by 2012. The Chief Executive advised that Flintshire was one of five Councils who were known not to have made a decision on their preferred option but that it was necessary to do so without delay because the final extended date for notifying the Assembly of a decision was 30th September 2007.
After months of preparatory work, the officers had identified two options for consideration having eliminated all other actions; these were fully detailed in the report. The Welsh Assembly Government’s presumption was that there would be a transfer of stock unless there was a robust business plan in place for retention which had been accepted by them. The Chief Executive reported that the officers were not making a specific recommendation in this particular case as it was their role to provide a balanced appraisal of both of the options. He was satisfied that the report under consideration achieved this.
The report made particular reference to the Stock Condition Survey whereby FPD Savills were commissioned. The results of the survey were formally reported in June 2007 and identified the overall investment required to achieve the WHQS by 2012. The costs were fully detailed in the report.
The Acting Director of Community and Housing reported on the key points on each of the options. With regard to stock retention, he explained that the Council would retain the ownership of the stock and full ongoing responsibility of the management and maintenance and fund the cost of delivering WHQS from its own current and future capital resources and these were detailed in the report. It was also noted that under the retention option, the Council had to operate within the HRA subsidy regime which was referred to in the body of the report.
The Council noted that the retention option would require approval of a housing business plan by the Welsh Assembly Government. Transfer would still be an option at a later date should the housing business plan prove not to be sustainable.
- 41824 - The Acting Director then referred to that section of the report relative to the possibility of stock transfer. The key points were identified and the Acting Director commented upon the significance of these. He then referred to the significance of a retention strategy and the implications for the Council, Elected Members, Council staff and Tenants.
The Risk Assessment for Option 1 for Retention and for Option 2 – Voluntary Transfer were detailed in the report.
The County Finance Officer reported upon the financial significance of the options available to the Council. She referred in particular to Appendix 1 of the report relating to the retention option and the significance of the 30 years financing period and the various consequences which were detailed in that Appendix. She reported upon the significance of funding only pension provision in the transfer option and how this may be addressed. The likely cost implications of a ballot on Stock Transfer and how this would be met was also explained.
The Chief Executive then summarised the conclusion and read out in full, paragraph 5.1 of the report. He then expanded upon the significance of the points contained in that part of the report. He further explained that if Option 1 was the Council’s choice then it would mean that negotiations, would be opened with the Welsh Assembly Government for the reasons identified earlier in the meeting.
The Acting Director of Community and Housing again referred to the level of consultation that had been undertaken as part of the procedure and how it had been detailed and widespread.
A Stock Options Panel had been established and their role was fully detailed in the report. The Panel consisted of seven Councillors, seven Tenant Representatives, seven Staff Representatives and four Trade Union Representatives in an ex-officio capacity. The Monitoring Officer reported that the Members of the Panel had signed letters of confidentiality and in the circumstances he was unable to give details of the deliberations of their meeting the previous Friday held to make a recommendation on the two options to the County Council. However, he was able to report the outcome of their secret ballot. There were 21 votes cast, 8 voting for retention with 13 voting for transfer.
In opening the debate, the Leader of the Council commented upon the magnitude of the task facing the Council on this issue. He referred to the Welsh Assembly Government’s Policy and the need to meet the WHQS. He supported the principle of the need for good quality homes but to achieve that he felt that it was necessary for the process to be fair and balanced and he was of the strong opinion that the current legislation certainly did not reflect this. He expressed his concerns at the negativity of the subsidy arrangements and how the options were not as varied in Wales as they were in England. He felt that the whole process was unbalanced and did not give the Council an equal opportunity to retain its housing stock and provide a
- 41925 - good service. The principal aims were decent homes, affordability and security of tenure. The Leader again reiterated his concerns regarding the affordability issue and that it was also necessary to look to the long term. It was essential for the Council to be sure that every aspect had been identified and all avenues thoroughly explored. He referred in particular to the issue of the future development of the maisonette site in the centre of Flint where the Council had been misled previously and that current proposals did not give the Council an equality to address the situation. He commented upon the fact that the responsibility for homelessness would remain with the Council under the proposal identified by the Welsh Assembly Government but that they would have no housing stock to assist that process.
Taking everything into consideration and the future of the tenants, he formally proposed the acceptance of Option 1 for retention of the stock.
The Executive Member for Community and Housing seconded the proposal and in doing so recorded his thanks to the officers who had been actively involved in the process and for the report which was very balanced. He accepted that it was necessary to gain the approval of the Assembly to allow it to go forward. He also wished to record a vote of thanks to all the Members of the Panel who had been actively involved in the process for a considerable length of time and had made active contributions at every stage.
Another Member supported the proposal and shared the view that the Welsh Assembly Government’s approach to housing options had not been fair and equal and that it was necessary to show that all aspects of the proposal had been actively investigated.
The same Member made the point, which he felt was supported throughout the Chamber, that it was not just the case of houses being discussed but peoples’ homes. He also expressed a view on the inadequacy of the accountability of those responsible for the private rented social housing sector. He commented upon the number of people currently on the housing waiting list and the responsibility the Council had to those persons in helping them obtain a decent home. He shared the view that Members of the Council had a key role in achieving this aim.
In summary, he suggested that if the Council went for the retention option it left more possibilities to pursue the issues under consideration. He recorded his thanks to the Leader of the Council and the Executive Member for Community and Housing for their work to date.
Alternatively, other Members felt that retention of the stock was not a viable option. In support of this, they referred in particular to paragraph 5.1 of the report whereby it stated that retention was not viable or achievable under the current legislative and funding framework available to the Council. They suggested it would be unwise to go against the professional advice which had been offered in the appraisal of options. Reference was also made to the financial aspects identified in the report and the significance of the 30 year period. It was also suggested that if the transfer option was taken, then there
- 42026 - would be a ballot of all tenants who would have the opportunity to express a view as individuals.
As the meeting progressed a Member suggested that in view of the magnitude of the issue under discussion then the Constitution Forum should perhaps consider the revision of the rule whereby Members were restricted to five minutes to speak on an issue.
The Chairman advised that if Members so wished they could move a proposal for the suspension of Standing Orders. Members felt that this was a sensible course of action.
It was duly proposed, and seconded, and subsequently agreed for the Standing Order relative to the time a Member was allowed to speak, be suspended for this item.
A Member expanded upon his concern regarding the imbalance of the legislation and in these circumstances the Councils were not given an even chance to address the situation. He responded to the point regarding the tenants’ right to a ballot and suggested that Members of the Council had been elected by the electorate to make such decisions on their behalf. Supported by other Members, he requested the Leader of the Council explore the regeneration options for Flint. He suggested that further consultation in all areas was necessary with the necessity to explore the current unknowns in the situation. Other Members, in supporting the view, expressed their concern at the imbalance of the legislation.
As the debate progressed, a number of Members in expressing their support for the retention option, referred to the considerable amount of work that had been undertaken over a period which had provided the background to the report presented today.
A Member commented that this information had been most useful and could be used in the future to assist the Council even if the Retention Option was unsuccessful.
Members again referred to the number of people on the Housing Waiting List and the responsibility the Council had towards them. Again, in referring to the imbalance of the legislation they referred to the funding social landlords received for the Right to Buy sales which was far in excess of that the Council would receive. Social landlords would also be able to receive a greater level of the rent receipts to invest into the housing stock.
It was also suggested that there was a wider issue, whereby councils could again campaign to allow them the right to build social housing which would help to address the need of those people on the Waiting List within specific communities. Alternatively other Members suggested that if the Council voted for stock transfer, then the tenants, as individuals, would have a vote and therefore have their say directly in the matter. The point was made relative to the role of the Panel and the vote that they had taken in
- 42127 - favour of Stock Transfer. A further point was made that if the Council voted for retention, there was no guarantee that the Assembly Government would alter their stance in terms of funding, which would be a necessity for the retention option to succeed.
The Executive Member for Finance commented upon the financial aspect and suggested that it would be a decision, in principle, because there were a number of factors which would still have to be addressed but felt that the tenants deserved that chance for the retention of council housing. There was a general acceptance that the 2012 date for the completion of achievement of the WHQS was unrealistic in view of the level of work and the costs involved. This was a view shared by the majority of local authorities.
A number of Members expressed their views and commented upon the report as being very balanced and provided the information necessary for the Council to make an informed decision. The debate continued with Members speaking for and against the proposal and a number of the key points were reiterated.
A Member referred to the situation with the maisonettes in the Flint town centre and how it was important for this issue to be addressed. By way of illustration he referred to the history of the development of this site and the strong Government guidance at that time that it was a correct course of action. He suggested that this had not proved to be the case and that the current proposals by the Welsh Assembly Government again, may not be the most appropriate.
Members against the proposal reiterated the point that they felt it was most unlikely that the Welsh Assembly Government would change their stance on the financial situation just to satisfy the needs of Flintshire.
The point was made that the decision would have an affect on all residents of the area and not just Council tenants. He referred to the fact that Flintshire County Council had never built a Council property since its inception although registered social landlords had done so. For this to be reversed, it would again be necessary for a change of stance by the Welsh Assembly Government and the Members who were opposed to retention felt that this was most unlikely.
In responding to the points raised, the Chief Executive confirmed that there was a proposition on the table but there was no amendment.
With regards to the situation in Flint maisonettes, he expressed his gratitude for the comments of Members who had raised specific issues relating to this area in relation to Stock Transfer and it was for that reason that a supplementary paper had been despatched which detailed four possible scenarios for dealing with the maisonettes. He further explained that whatever the outcome of the situation at today’s meeting, the issue relating to the maisonettes would have to be addressed.
- 42228 - In responding to the points raised by Members regarding the risks involved, he felt it was appropriate for the Council to challenge when they felt it was necessary to do so. The protection to the Council with regard to the issue was that they would not be able to proceed with the course of action without specific assurances of the Assembly Government and their acceptance of the Council’s business plan. He reiterated the point that if the option to retain was supported, it would be a basis for negotiating with the Assembly and that it would be necessary for the Council to have an approved business plan which would be reviewed annually.
The Acting Director of Community and Housing clarified a point in relation to rent levels whereby they would remain the same and for new tenants they would act as a benchmark.
The Chief Executive also commented upon circumstances whereby certain authorities had opted for a Stock Transfer ballot and by the democratic process of ballot, the majority view of tenants had been retention by the Council. This, along with other issues, were now the subject of discussions at national level. The Chief Executive referred to the significance for the completion of the WHQS by 2012 which he concurred was now unrealistic under either option taking into account all the circumstances.
The Chief Executive was aware of at least one local authority who had been given an extended timescale to meet the WHQS. The Chief Executive confirmed that, in respect of other matters, there was no precedent and that discussions to be undertaken corporately would be of a high profile and very detailed. He referred to the 10% efficiency cuts in the retention model which he indicated would be a significant challenge and stated that proposals needed to be developed on how these would be achieved. He confirmed, that this would not necessarily achieved through redundancies but that this could not be ruled out. The Chief Executive commented upon the significance of localism in determining such issues and that any negotiations for either option would be based on the report in front of Members at this meeting. He accepted that it was a difficult decision for the Council to make and advised Members that they should make the decision they believed was the best course of action taking into full account all the advice given.
In summing up, the Leader of the Council again thanked the officers and the Panel for all their input on such a very important issue. He responded to a number of the points made by those who were in favour of the Stock Transfer Option and indicated that discussions with the Assembly would be complex and it would be necessary to advise how it was intended for the Council to deliver their aspirations. He commented upon a number of key issues on which it would be appropriate to challenge the Assembly, again referring to the advantages that were with other social landlords in terms of the financial framework. The Leader also referred to the role of the Council’s external Auditors, PricewaterhouseCoopers, who would not allow the Council to take a course of action that would be regarded as ’reckless’.
- 42329 - Regarding the relationship with the Welsh Assembly Government, he felt that it was right for Flintshire to stand up for its case.
If the retention option was adopted by the Council, he felt it would be appropriate for high level discussions with representatives of the National Assembly Government with cross-party representation. He also referred to comments of Shelter Cymru Wales who were opposed to the principle of Stock Transfers. The Leader commented on the situation with the Flint maisonettes and the fact that Flintshire County Council had not been engaged in certain discussions with civil servants on this issue when other parties had. He indicated that this was a culmination of all things where there was an unfair advantage given to the social landlords and felt that the Council would have a good chance if these issues were challenged in the proper way.
A Member requested a recorded vote and was supported by the requisite ten Members. On being put to the vote the motion was CARRIED by 38 votes to 8. The voting being as follows:
FOR Option1 (Retention) Councillors: L.A. Aldridge, J.B. Attridge, D. Barratt, R.C. Bithell, D.L. Cox, P.J. Curtis, R. Davies, Mrs. G.D. Diskin, D. Evans, E.F. Evans, F. Gillmore, Mrs. R. Griffiths, R.G. Hampson, P.G. Heesom, M. Higham, G.A. Jones, J.F. Jones, R. K. Jones, Mrs. S. Jones, R.P. Macfarlane, E.E. Matthews, W. Mullin, T. Renshaw, K.W. Richardson, H.G. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, I.R. Smith, W.O. Thomas, Pamela J. Walkden, T. Walker, W.M. Warburton, G.D. Williams, D.E. Wisinger and A. Woolley and Mrs A. Minshull, Mrs. D. Banks
AGAINST Option 1 (Retention) Councillors: S.R. Baker, Colin Bithell, D.M.D. Clayton, Q.R.H. Dodd, R.C. Dodd, R.J.T. Guest, H.J. McGuill and Nancy Matthews.
Following the vote, the Chief Executive confirmed that he would immediately inform the Welsh Assembly Government of the decision with a view to a timetable being agreed for discussion. The report presented to the Council would constitute an outline business plan for submission to the Assembly. The Leader also indicated he would call a further meeting of Group Leaders to ensure cross party support for a delegation to meet representatives of the Welsh Assembly Government.
RESOLVED
- 42430 - That the Welsh Assembly Government be informed that the Council supports the principle of Housing Stock Retention as detailed in Option 1 of the report.
192. PROLIFERATION OF LOCAL INQUIRIES
Arising from Minute No 188 above the Monitoring Officer reported upon this urgent item. A number of Members had expressed their concerns to him regarding the proliferation of Local Inquiries which had been held at the same time and had caused particular difficulties for Members who it was necessary to attend more than one of these. By way of example he referred to the current Unitary Development Plan Inquiry, the Aston By-Pass Inquiry and the Kinsale Hall Planning Application.
Members thanked the officer for bringing the report to the meeting and they felt it was most appropriate for the issue to be raised.
The Monitoring Officer indicated that he would prepare a report and submit it to a future meeting of the County Council.
RESOLVED
That the Monitoring Officer report accordingly.
193. DURATION OF THE MEETING
The meeting commenced at 2.00 pm and finished at 4.40 pm.
194. PRESS AND PUBLIC
There were 33 members of the public in attendance and one member of the press.
…………………………….. Chairman
- 42531 - SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT
FLINTSHIRE COUNTY COUNCIL DATE:27TH SEPTEMBER 2007
MIN. NO. MEMBER ITEM REFERS Councillor N Phillips Housing Stock Options Appraisal 191
- 42632 - FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 13
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: COUNTY FINANCE OFFICER SUBJECT : CLWYD PENSION FUND UPDATE
1.00 PURPOSE OF REPORT
1.01 To update Members on issues relating to the Clwyd Pension Fund ("the Fund").
2.00 BACKGROUND
2.01 The Fund is administered by Flintshire County Council on a "lead authority" basis. Flintshire County Council is a member of the Fund along with Wrexham County Borough Council, Denbighshire County Council and a range of other scheduled and admitted bodies e.g. Town and Community Councils and Colleges.
2.02 As Members will recall in the report to Executive 2nd November 2004 the elected Member representation on the Clwyd Pension Fund Panel has increased from the February 2005 Panel to include Members from the major employing bodies in the Fund. The current elected Members of the Panel including named substitutes, as at 30 September 2007:
Full Members
Councillor E.F.Evans (Chair – Flintshire County Council), Councillor J. Griffiths (Vice-Chair – Flintshire County Council) Councillor R. Hampson (Flintshire County Council) Councillor G. Craddock (Wrexham County Borough Council) Councillor G. Rowlands (Denbighshire County Council)
Named Substitutes
Councillor A. Hannah (Flintshire County Council) Councillor P. Heesom (Flintshire County Council) Councillor A. Minshull (Flintshire County Council) Councillor G. Pickering (Denbighshire County Council) Councillor A. Jones (Wrexham County Borough Council)
Other Panel members are Chief Executive, County Finance Officer, Assistant Director (Funds & Customer Accounts), Head of Pensions/Funds, Independent Adviser, Consultant to the Fund and Scheme Member Observer (staff and union).
33 Date: 30/10/2008 Flintshire County Council
2.03 A report is presented to the Executive bi-annually; the previous report was issued on 3rd April 2007. However, Executive have now decided this it is more appropriate that this report should be issued to full Council.
3.00 UPDATE
3.01 The market value of the Fund has increased over the six months to June 2007 but global stock markets have been volatile post this period. The Fund's market value as at 30th June 2007 was £924 million compared with £854 million as at 31st December 2006.
3.02 The annual investment return as at 31st March 2007 was 6.5%. The Fund subscribes to WM Performance Services for investment performance measurement who also compare the Fund return with the notional 100 Local Government Pension Schemes. The results as at 31st March 2007 are shown in the table below.
1 year 3 year 5 year Return % 6.5 14.3 8.9 Ranking 65th 43rd 23rd
3.04 The lower ranking for 2006/07 is mainly due to the poor performance from the UK equity manager who has now been replaced. Members are reminded that it is long term investment performance which is key to the Fund achieving its objectives outlined in the Funding Strategy Statement (FSS). The funding level of the Fund as at 31st March 2007 is estimated to be 79% based on the 2004 Actuarial Valuation (up from 65% as at 31st March 2004). The actual funding level will be determined by the Actuary as part of the 2007 actuarial valuation.
3.05 The Pension Fund Panel holds quarterly meetings, the minutes of which are available from the contact officer. The significant items considered by the Panel since the previous report to Executive are set out in section 4.0 for information.
4.00 ITEMS OF INTEREST
Governance & Communication Issues
4.01 The Fund is subject to an annual internal audit and, as reported in the previous report to Executive, received substantial assurance for Phase 1 of the 2006/07 pension administration audit. Pension administration has now also received substantial assurance for Phase 2 of the audit.
4.02 The 2006/07 pension fund accounts were submitted to Council on 27th September 2007. Although, at the time of writing this report, the wider audit
34 Date: 30/10/2008 Flintshire County Council
of the fund is not complete, PricewaterhouseCoopers have confirmed that there are no accounting misstatements that require adjustment in the accounts. PWC, at the debriefing, complemented the Funds Manager and her staff on the quality of the Fund’s working papers.
4.03 The Annual Joint Consultative Meeting (AJCM) for employers will take place on 8th November 2007. Presentations on the Fund will be made by Officers, the Actuary on the Valuation results and a Fund Manager. In the afternoon employers will be invited to a meeting to assist with the implementation of the 2008 Local Government Pension Scheme (LGPS).
4.04 The Fund organised a training session for employers, Back to Basics 2 on 10th July 2007. This included presentations on the Fund’s revised investment strategy, explanations of the issues around the Funding Strategy and the 2007 Actuarial Valuation (see 4.06) and the new 2008 LGPS.
4.05 The Panel received an annual review of the performance of Prudential, the Fund’s preferred AVC provider. The report confirmed the strong financial standing of Prudential and that the Prudential funds offered to scheme members have performed reasonably well over the 2006/07 financial year with three out of the four top funds exceeding their appropriate benchmark. The Fund is to undertake a review of the selection of the funds available in collaboration with Shropshire County Council.
4.06 The LGPS Regulations require the Fund to prepare a Funding Strategy Statement at each actuarial valuation. The main purpose is to establish a clear and transparent fund specific strategy which will identify how employers’ pension liabilities are best met going forward. A short questionnaire has been sent to all employing bodies which will assist in determining the appropriate Funding Strategy Statement as at 31st March 2008. The outcome of the 2007 Actuarial Valuation and Funding Strategy Statement will be reported to the November 2007 Panel meeting and the AJCM.
4.07 The Fund was represented at a round table meeting organised by the National Association of Pension Funds (NAPF) to discuss the progress on the implementation of the 10 Myner’s Principles, along with 8 other LGPSs. The aim of the Principles is to improve investment decision making of pension funds. The Government (HM Treasury) is undertaking a review on the progress made on complying with these Principles six years after their publication. As explained in the Fund’s Statement of Investment Principles, the Fund fully complies with the 10 Principles. NAPF are using the Fund as a case study of good practice.
Investment Issues
4.08 The Fund, in line with its Statement of Investment Principles, carries out a fundamental review of fund management arrangements at least every four years. As previously reported to Executive, the Review resulted in a revised
35 Date: 30/10/2008 Flintshire County Council
investment strategy and the appointment of fund managers to six investment mandates. Blackrock was appointed as transition manager and reported on a successful transition at the May 2007 Panel. The value of the re-structured assets was approximately £450 million and all the new managers were in place by the 1st April 2007, as planned. It was estimated that the cost of transition could be £1.3 million but due to favourable market conditions there was an ‘implementation gain’ of £0.766 million.
4.09 In light of the increase in the number of investment managers to 13 with smaller investment allocations, the monitoring of these managers has been reviewed. The full Panel will continue to meet all managers in Mold at the November Panel and the ‘London Panel’ (Chair and Vice Chair) will continue to review the four largest managers each quarter. However the equity managers with smaller allocations will be reviewed every six months and the Mid Panel (Officer and Advisors) will monitor the alternative investment managers. The overriding principle remains that an investment manager can be summoned to any Panel.
4.10 Traditionally, the Fund has measured its investment performance by comparison with its peer group of LGPS (see 3.02 above). Although this is one measure of investment performance, the more important measure is to measure investment performance against the movement in Fund’s liabilities. A review is currently being undertaken on how this can be accomplished.
4.11 The Fund’s Corporate Policy Guidelines and Statement of Investment Principles for the year 1st July 2007 to 30th June 2008 have been published on the web-site, clwydpensionfund.org.uk.
Pensions Administration
4.12 The Local Government Pension Scheme Regulations 2007 have been laid before parliament and will come into effect from 1st April 2008. The focus will now be on the preparation for the implementation of the new Scheme both by the Fund and employers.
4.13 The Executive approved the implementation of a pensioner payroll system in June 2007. Subsequently, the Project Team has met, a project plan agreed and contracts signed with the supplier.
4.14 As part of the Business Continuity Plan a review was undertaken in consultation with Flintshire ICT as to the extent of disaster recovery provisions. As a result the purchase of the disaster recovery service provided by Heywoods was approved which gives the reassurance that the Fund can react in the event of a disaster and will allow the pensions section to be operational within 24 hours.
4.15 Service Level Agreements are currently being signed and returned by the Fund’s Employers.
36 Date: 30/10/2008 Flintshire County Council
4.16 The next Panel meeting will be held on 8th / 9th November, 2007.
5.00 RECOMMENDATIONS
5.01 That Council note the contents of the report.
6.00 FINANCIAL IMPLICATIONS
6.01 The cost of the Disaster Recovery Service is £9,500 per annum.
7.00 POVERTY IMPACT
7.01 None.
8.00 ENVIRONMENTAL IMPACT
8.01 None.
9.00 EQUALITIES IMPACT
9.01 None.
10.00 PERSONNEL IMPLICATIONS
10.01 None.
11.00 CONSULTATION REQUIRED
11.01 The Fund's Consultant, Independent Adviser, Fund Managers, Actuary and Government Bodies.
12.00 APPENDICES
12.01 None.
13.00 CONSULTATION UNDERTAKEN
13.01 The Fund's Consultant, Independent Adviser, Fund Managers, Actuary and Government Bodies.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Clwyd Pension Fund Panel Files - Obtainable from the Contact Officer
37 Date: 30/10/2008 Flintshire County Council
Contact Officer: Philip Latham Telephone: 01352 702264 E-Mail: [email protected]
38 Date: 30/10/2008 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 14
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: CHIEF EXECUTIVE SUBJECT : REVIEW OF ELECTORAL ARRANGEMENTS FOR CILCAIN COMMUNITY COUNCIL – CILCAIN WARD AND HIGHER KINNERTON COMMUNITY COUNCIL
1.00 PURPOSE OF REPORT
1.01 To inform Members of the representations received in respect of the review of the number of Councillors for the Cilcain Ward of Cilcain Community Council and Higher Kinnerton Community Council.
1.02 To request Council to approve the draft proposals as detailed in Appendix 1 of the report.
2.00 BACKGROUND
2.01 At the Council meeting held on 7 February, 2006 it was agreed in principle to amend the number of Councillors for the Cilcain Ward of Cilcain Community Council from five to six and for Higher Kinnerton Community Council from eleven to nine and that steps be taken to commence the review procedure in Section 57 of the Local Government Act 1972 with a view to any subsequent order being implemented in time for the next scheduled election for Community Councils, which is 2008.
2.02 Public notice was given in the local press requesting comments and copies were also forwarded to Cilcain Community Council and Higher Kinnerton Community Council in respect of the review. The deadline for receipt of representations was Friday 5 October, 2007.
3.00 CONSIDERATIONS
Response to consultation on review
3.01 The Council has received two formal representations in respect of the review and a summary of those representations together with the Council’s draft proposals can be found in Appendix 1 of the report.
3.02 The Council’s final draft proposals will need to be published and put on deposit at the Council’s offices. Public notice will be given on the draft proposals on 23 November, 2007 and the deadline for receipt of any representations will be 28 December, 2007. The Council will then consider
39 Date: 30/10/2008 Flintshire County Council
any representations on the draft proposals and adopt the Final report and Proposals at its meeting on 26 January, 2008.
4.00 RECOMMENDATIONS
4.01 That the representations received in respect of the review of Councillor numbers for the Cilcain Ward of Cilcain Community Council and Higher Kinnerton Community Council be noted.
4.02 That the Council approves the draft proposals as detailed in Appendix 1 of the report.
4.03 That the Draft Proposals be placed on deposit at County Hall, Mold and at Cilcain Community Council and Higher Kinnerton Community Council offices, for an eight week period of consultation with the Chief Executive being Authorised to give appropriate public notice.
5.00 FINANCIAL IMPLICATIONS
5.01 There would be a cost of giving public notice of the Councils Draft Proposals on the review in the local press in accordance with statutory procedure.
6.00 ANTI POVERTY IMPACT
6.01 The proposals received in respect of Cilcain Community Council will increase and have a positive effect on people in greater need within the community. It is not thought that the proposals received in respect of Higher Kinnerton Community Council will have a negative impact on people within the community.
7.00 ENVIRONMENTAL IMPACT
7.01 None arising directly from this report.
8.00 EQUALITIES IMPACT
8.01 The proposals put forward by Cilcain Community Council and Higher Kinnerton Community Council which are being put forward as the Councils Draft Proposal, are not thought to have a negative impact on the issue of the quality of representation of people in the community.
9.00 PERSONNEL IMPLICATIONS
9.01 There will be officer time involved in the review which will need to be accommodated within existing resources.
10.00 CONSULTATION REQUIRED
40 Date: 30/10/2008 Flintshire County Council
10.01 Under statutory procedure laid down in the Local Government Act 1972 specific bodies will be consulted, appropriate notice to be given and a period for representation.
11.00 CONSULTATION UNDERTAKEN
11.01 An initial survey with all Town and Community Councils within Flintshire and local Members for the areas making suggested changes, as well as the Local Government Boundary Commission for Wales.
12.00 APPENDICES
12.01 Appendix 1 - Draft Proposal
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
· Letter dated 16 February, 2006 to Cilcain and Higher Kinnerton Community Councils · Letter dated 9 August, 2006 to Cilcain and Higher Kinnerton Community Councils · Public Notice dated 10 August, 2007 · Correspondence received from Cilcain and Higher Kinnerton Community Councils in response to the public notice
Contact Officer: Lynn Phillips Telephone: 01352 702329 E-Mail: [email protected]
41 Date: 30/10/2008
Appendix 1
REVIEW OF ELECTORAL ARRANGEMENTS FOR CILCAIN COMMUNITY COUNCIL – CILCAIN WARD AND HIGHER KINNERTON COMMUNITY COUNCIL
DRAFT PROPOSAL
23 NOVEMBER, 2007
1. INTRODUCTION
1.1 Flintshire County Council has been requested to conduct a review of the electoral arrangements for the Cilcain Ward of Cilcain Community Council and Higher Kinnerton Community Council. The Council has completed the first stage of this review and presents its Draft Proposal for this revision of electoral arrangements of the Communities. The Council will consider carefully all representations made in respect of the Draft Proposals before making the final order to give effect to the changes.
1.2 The Council is required, by virtue of Section 57 of the Local Government Act 1972, to keep under review the electoral arrangements for the Communities in their area for the purposes of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make. The Council shall consider any requests made with respect to those arrangements by the Community Council likely to be affected by the changes.
1.3 The County Council has also been mindful of Section 54(1) of the Local Government Act, 1972 which provides that the guiding principle of reviews shall be “effecting changes desirable in the interests of effective and convenient local government”.
2. SUMMARY OF REPRESENTATIONS RECEIVED
2.1 The Council received two formal representations in respect of the review and detailed below is a summary of the representations.
Cilcain Community Council Letter from Cilcain Community Council to reaffirm their request to increase the number of Councillors from five to six for the Cilcain Ward.
Higher Kinnerton Community Council Letter from Higher Kinnerton Community Council to reaffirm their request to decrease the number of Councillors from eleven to nine.
No other written representations have been received in responses to the Public notice.
42
3. DRAFT PROPOSAL
3.1 Cilcain Community Council – Cilcain Ward
Cilcain Community Council have suggested that the present Ward boundaries of Cilcain and Rhydymwyn should remain the same but the number of Councillors of the Cilcain Ward should be increased by one to give parity with the other ward. This is based on the increase in the number of electors that has taken place in the Cilcain ward.
The proposals received from Cilcain Community Council are as follows:-
Name of Ward No. of Community Present Electorate Councillors Cilcain 6 587 Rhydymwyn 6 563
The proposal will increase the number of Councillors for the Community as a whole from 11 to 12.
3.2 Higher Kinnerton Community Council
Higher Kinnerton Community Council have suggested that the number of Councillors should be reduced from eleven to nine. They feel that this is the appropriate level of representations for this small Community Council.
The proposal received from Higher Kinnerton Community Council is as follows:-
Name of Community No. of Community Present Electorate Councillors Higher Kinnerton 9 1270
The proposal will decrease the number of Councillors for the Community from 11 to 9.
43 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 15
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: CHIEF EXECUTIVE SUBJECT : REVIEW OF POLLING DISTRICTS AND POLLING PLACES
1.00 PURPOSE OF REPORT
1.00 To consider the outcome of the recent review of polling districts and polling places and to agree a number of changes.
2.00 BACKGROUND
2.01 The Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006, require each local authority to carry out a review of polling districts and poling places on a regular 4 yearly cycle. The first such review must be completed by 31 December 2007. It was decided to commence the review in good time so that any changes (particularly changes to polling district boundaries) could be implemented in time for the publication of the Register of Electors 2007/08 on 1 December, 2007.
2.02 In undertaking a review the local authority must:
a) Publish notice of the holding of a review; b) Consult the Returning Officer for every Parliamentary constituency which is wholly or partly in its area; c) Enable any such Returning Officer to make representations to the authority and publish them in a prescribed manner; d) Seek representations from such persons that it thinks has particular expertise in relation to access to premises or facilities for persons who have different forms of disability; e) Allow any elector in the authority's area to make representations which could include proposals for alternative polling places.
2.03 On completion of a review the authority must give reasons for its decisions in the review and publish such other information as is prescribed in the Act and Regulations.
POLLING DISTRICT BOUNDARIES AND POLLING PLACES – LEGAL FRAMEWORK
2.04 Polling districts are, in effect, sub divisions of Electoral wards. When designating polling districts the local authority must seek to ensure that all the electors in the area have such reasonable facilities for voting as are
44 Date: 30/10/2008 Flintshire County Council
practical in the circumstances. Responsibility for determining polling district boundaries lie with the Council itself.
2.05 The Council must designate a polling place for every polling district unless the size or other circumstances of the polling district are such that the situation of the polling place does not materially affect the convenience of the electorate. In determining where polling places should be located the Council must seek to ensure that all the electors have such reasonable facilities for voting as are practical in the circumstances and that, so far as is reasonable and practical, polling places are accessible to all electors, including those who are disabled. The polling place for a polling district must normally be within the area of the district unless special circumstances make is desirable to designate a location either wholly or partially outside the polling district. The Council is responsible for designating polling places whereas authority for determining where the polling station should be within the polling place has been delegated to the Returning Officer. Typically a school might be designated as the polling place leaving the discretion to the Returning Officer to decide, in consultation with the school, the exact location of the polling station within the school premises.
3.00 CONSIDERATIONS
RESPONSES RECEIVED DURING THE CONSULTATION PROCESS
3.01 Responses were received from the following indicating that they are happy with the polling districts and polling places in their area and these are as follows:
Members for Bagillt East; Caerwys; Ewloe; Gronant; Gwernymynydd; Hope and Mold Broncoed Electoral Divisions.
Community/Town Councils of Argoed; Bagillt; Broughton & Bretton; Caerwys; Gwernaffield; Halkyn; Holywell; Hope; Mold; Nannerch; Northop; Northop Hall; Saltney; Treuddyn and Whitford.
ISSUES RAISED DURING THE CONSULTATION PROCESS
3.02 Various responses were received and these are summarised in the schedule set out in appendix 1. The schedule provides details of the polling district, the electoral division it is in and each polling place and sets out specific comments received and identifies any action , if any proposed. As you can see from appendix 1 there were relatively limited number of the responses to the consultation and the main issues arising are addressed later in the report.
3.03 In the main, responses were received from Councillors and Community/Town Councils with a submission also received from Mark Tami, Member of
45 Date: 30/10/2008 Flintshire County Council
Parliament for the Constituency of Alyn and Deeside. No views were received from any of the organisations listed in paragraph 11.01 g) below.
3.04 The Returning Officer's comments for the Constituencies of Alyn & Deeside and Delyn were published on Monday 17 October and can be found in appendix 2.
PROPOSALS FOR CONSIDERATION
3.05 Various issues raised through the consultation process and a number of proposals have been identified for consideration which are set out in appendix 3.
4.00 RECOMMENDATIONS
4.01 That Council note the outcome of the review and the consultations undertaken;
4.02 That the Council designate the locations listed in appendix 3 as polling places;
4.03 That the Council agree to continue to find a suitable alternative polling place for polling districts CIA001, HDA, HGD and NAD.
4.04 That the outcome of the review and the Councils decision be published in addition to other information as is prescribed in the Act and Regulations.
5.00 FINANCIAL IMPLICATIONS
5.01 None arising directly from this report.
6.00 ANTI POVERTY IMPACT
6.01 None arising directly from this report.
7.00 ENVIRONMENTAL IMPACT
7.01 So far as possible venues for polling places have been selected that are reasonably central within the polling district so as to limit the need for electors to travel to them by car.
8.00 EQUALITIES IMPACT
8.01 None arising directly from this report.
9.00 PERSONNEL IMPLICATIONS
9.01 None arising directly from this report.
46 Date: 30/10/2008 Flintshire County Council
10.00 CONSULTATION REQUIRED
10.01 No further consultation required.
11.00 CONSULTATION UNDERTAKEN
11.01 The formal consultation period ran from Monday 3 September to Monday 1 October 2007. A public notice was placed on the Council’s website and in local council offices and libraries, giving notice of the review and full details of the review. In addition the following specific consultations were undertaken:
a) With Members of the Council, by way of a letter dated 28 August that gave details of the reivew and included, in particular, the Council's draft proposal, schedule of existing polling districts and polling places, with their respective electorate, a list of streets contained within each current polling district boundaries and a questionnaire. b) A letter to each of the political parties known to be operating in the county with the explanatory information. c) A letter to each of the Members of Parliament with the explanatory information. d) A letter to each of the Assembly Members with the explanatory information. e) A letter to each Community/Town Council with the explanatory information. f) The Returning Officer for the Alyn & Deeside and Delyn Constituencies with the same explanatory information. g) Letter to Flintshire Access, Flintshire Disability Forum, Vision Support and the North Wales Deaf Association with the explanatory information.
11.02 In addition the Council’s Equalities Officer was invited to participate in the review.
12.00 APPENDICES
12.01 Appendix 1 – Schedule of Comments Received Appendix 2 – Returning Officer’s Comments Appendix 3 – Proposals for Consideration
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
47 Date: 30/10/2008 Flintshire County Council
· The Review of Polling Districts and Polling Places (Parliamentary Elections) 2006 · Public Notice of the Review · Letters to those listed in paragraph 11.01 · Review Statement - Draft Proposal · Returning Officer's Comments · Responses made during the consultation period
Contact Officer: Lynn Phillips Telephone: 01352 702329 E-Mail: [email protected]
48 Date: 30/10/2008 Appendix 1 Schedule of Comments Received
Electoral Division Polling Polling Place Details of Comments Received Action Proposed (if any) District Caergwrle CAA Royal British Legion Cllr. Mrs. S. Jones (by telephone) The Presbyterian Church Hall Caergwrle Member for Caergwle and Youth Club, Bryn Yorkin Lane have been inspected. The There are rumours that The Royal British Presbyterian Church Hall is the Legion will be closing. Presbyterian Church preferred location and is more Hall, High Street, Caergwrle or Youth Cub, centrally located. Bryn Yorkin Lane could be suitable alternatives. To designate the Presbyterian Church Hall as the polling place. Caergwrle CAA Royal British Legion Hope Community Council The Evangelical Church Hall Caergwrle has not been inspected as a The Royal British Legion building is old and contact number could not be may close in the foreseeable future. found. Evangelical Church Hall, Mold Road was suggested as an alternative polling place. See above This is a new building although outside village centre. Connah’s Quay Golftyn CIA001 St. Mark’s Church Hall Cllr. R. P. MacFarlane The Head Teacher of Golftyn Mold Road Member for Connah’s Quay Golftyn C P School has been contacted Connah’s Quay regarding this request. A letter While St. Mark’s Church Hall is adequate it has been sent to school does present difficulties for the less mobile, governors with a suggestion of in that the entry is narrow and restricted. reverting back to the school. The staff on duty are aware of this and do assist as required. Other polling stations in That comments of the local the ward do not present the same concerns. member and Connah’s Quay Town Council be noted and the Alternative suggested polling place is polling station be kept under Golftyn C. P. School. review
Golftyn School has been used in the past for polling, but the Head Teacher supported by the Governors49 objected to this. The concern over security and safety of the Children if the election is held in school time, this concern has led to the closure of this school for election days. This would not be such a concern but for the number of different elections now required. Connah’s Quay Golftyn CIA001 St. Mark’s Church Hall Connah’s Quay Town Council See above Mold Road Connah’s Quay Currently part of the Golftyn Ward is serviced by the use of St. Mark’s Church Hall which a number of residents found inconvenient and therefore polling is poorly attended. Councillors suggest that Golftyn C P School should be reconsidered as a polling station as this is more suitably located for residents. Ffynnongroyw FBD Methodist Church Llanasa Community Council The new Community Centre has Talacre been inspected and has As you know the Methodist Church at excellent facilities for polling Talacre was used as a polling station purposes. because there were no alternative premises in the village. The newly constructed To designate the Community Community Centre has excellent facilities for Centre, Talacre as the polling electors, staff and tellers. place. Hawarden HDA Masonic Hall Hawarden Community Council The Tithe Barn, Church Lane Gladstone Way has been inspected. There are The existing polling station, because of its good facilities for polling staff location out of the village and on a steep hill, and electors. There are is unsuitable for elderly voters, particularly reasonable parking facilities in a those who do not have access to a car. An small car park adjacent and on alternative might be the Tithe Barn in Church Lane. The location of Church Lane, Hawarden which has recently this polling place is centrally been upgraded and is centrally located in located in the main area of the the village. It is appreciated that this is village. further for voters from the Upperdale area but the majority of these currently drive to It is proposed to note this existing polling station because of the steep suggestion and to keep this hill. 50 polling place under review. Holywell East HGD Moriah Chapel Cllr. R. Baker That the situation be kept under Penymaes Road Member for Holywell East review. Holywell Until a better site can be found, and this is unlikely in the very near future, Moriah Chapel seems the best option.
There are rumours circulating that Moriah chapel’s future is uncertain due to dwindling congregation. Should this prove correct and the chapel can no longer be used, it may be necessary to consider alternatives. The building is also subject to subsidence. A new church and hall is under construction in Rose Hill, Holywell and this might be an option. Mancot MAA Mancott Presbyterian Hawarden Community Council The Village Hall has been Church Hall inspected and has excellent Ash Lane Mancot Village Hall has now been rebuilt facilities for polling staff, voters Mancot and is fully compliant with disability and tellers. regulation with adequate on site car parking and may be more suitable that the To designate the Village Hall as Presbyterian Church Hall the polling place. Mancot MAA Mancott Presbyterian Cllr Mrs. G. Diskin (by telephone) See above Church Hall Member for Mancot Ash Lane Mancot Mancot Village Hall has excellent facilities and would be a suitable polling place. Mold South MDD Daniel Owen Centre Cllr. R. Guest To try and find a solution Earl Road Member for Mold South regarding parking problems Mold during the day. The building is most suitable being easily accessible and well known. The electoral division is comprised almost exclusively of residential properties and there are very few public buildings in it. The only drawback is the difficulty in parking vehicles nearby during51 the working day. Evening is not a problem. Mostyn MGD Community Centre Community Cllr. M. Howard It is not suitable to use the Maes Pennant former Post Office that has now Since the Post Office closed we do not have reverted to a private dwelling. our own polling station and have to use The long term use could not be Maes Pennant. We have a large population guaranteed. Previously a of old people who find it difficult to arrange mobile unit was used as a travel. I do know of an alternative polling polling place in Rhewl Mostyn place – The Post Office that we used to use which required the co-operation has now reverted to a private house. The of a local resident to provide part of the building that we have previously power, water and toilet facilities. used is empty and we possibly could rent This was not considered this on an ad hoc basis. Securior used to satisfactory and also there was hire out large vehicles that were purpose no disabled access. built with wheelchair access these were very roomy and suitable. To note the concerns. That the Community Centre, Maes Pennant to remain the designated polling place New Brighton NAD Women’s Institute Argoed Community Council No alternative suggestion for Chamber Lane polling place has been given. Mynydd Isa This polling place is unsuitable, poor No comment has been received facilities inside and for representatives from from any elector or the local different parties outside no cover. member. Unsuitable for wheelchair users. Members of Argoed Community Council are of the To note these concerns and opinion that the W. I. is not suitable for use monitor the use of this polling as a polling station. place and to try and find an alternative polling place. Saltney Stonebridge SBA Community Centre Mark Tami M.P. The current electorate for the Saltney Alyn and Deeside Constituency Saltney Stonebridge electoral division is 2498. There are The Community Centre, Saltney is currently planning applications inadequate, there is a need for an additional for development of residential station. There needs to be another station properties on Boundary Lane closer to the Chester border. There are and High Street. many elderly residents at Douglas place who52 cannot walk to the existing station. In Douglas Place Community Hall order to improve voter participation I believe has been inspected and is it would be beneficial to establish a second suitable for polling purposes. polling station in this area. An alternative polling place could be Douglas Place It is proposed to create an Community Hall with disabled access. The additional polling district for the hall has a guaranteed long term use. Saltney Stonebridge electoral division and to designate Douglas Place Community Hall as the polling place. Also to inspect the new library building when complete and to keep this polling place under review. Saltney Stonebridge SBA Community Centre Cllr T. Walker (by telephone) See above Saltney Member for Saltney Stonebridge
With the proposed residential development of in the region of 190 properties the electoral division does require an additional polling place. An alternative polling place could be the new library currently being built and should be ready in time for elections in 2008.
53 Appendix 2 Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006
Returning Officer’s Comments on the Schedule of existing Polling Districts and Polling Places
Argoed Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc.electorate) AAD - 1641 Community Centre No. 1, Mynydd Isa Arrangements considered satisfactory – no changes proposed ABD - 555 Community Centre No. 2, Mynydd Isa This polling place is situated in the adjacent polling district of AAD. There are no known suitable alternative within ABD and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Aston Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) ACA001 - 1223 Woodside Close Community Centre, Ewloe Arrangements considered satisfactory – no changes proposed ACA002 - 1299 Aston Community Centre, Aston Park Road, Aston This polling place is situated on the border in the adjacent polling district of SFA002. There are no known suitable alternative within ACA002 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Bagillt East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BAD -1348 Community Centre, Bagillt Arrangements considered satisfactory – no changes proposed
54 Bagillt West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BDD001- 566 Branch Library, Bagillt Arrangements considered satisfactory – no changes proposed BDD002 - 918 Youth Centre, Holywell Road, Bagillt Arrangements considered satisfactory – no changes proposed
Broughton North East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BEA - 811 Broughton & Bretton Community Centre (No.1) Brookes This polling place is situated in the adjacent polling district of Avenue, Broughton BGA. There are no known suitable alternative within BEA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place BFA - 768 Broughton & Bretton Community Centre (No.1) Brookes This polling place is situated in the adjacent polling district of Avenue, Broughton BGA. There are no known suitable alternative within BFA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place
Broughton South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BGA - 2756 Broughton & Bretton Community Centre (No.2) Brookes Arrangements considered satisfactory – no changes proposed Avenue, Broughton
Brynford Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BID - 867 Community Centre, Pentre Halkyn Arrangements considered satisfactory – no changes proposed BHD - 832 Brynford Primary School, Brynford Arrangements considered satisfactory – no changes proposed
55 Buckley Bistre East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BJA001 - 1630 Jubilee Court Community Centre, Jubilee Road, Buckley Arrangements considered satisfactory – no changes proposed BJA002 - 1074 Bistre Methodist Schoolroom, Spon Green, Buckley Arrangements considered satisfactory – no changes proposed
Buckley Bistre West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BKA001 - 1409 Buckley Cross Community Centre, Tabernacle Street Arrangements considered satisfactory – no changes proposed BKA002 - 1778 Bistre Youth & Community Centre, Nant Mawr Road Arrangements considered satisfactory – no changes proposed
Buckley Mountain Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BLA001 - 745 Hawkesbury Community Centre, Mill Lane, Buckley Arrangements considered satisfactory – no changes proposed BLA002 - 1285 Bistre Parish Church Hall, Mold Road, Buckley This polling place is situated on the border in the adjacent polling district of BKA002. There are no known suitable alternative within BLA002 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place
Buckley Pentrobin Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) BMA001 - 1051 St. Matthews Church Hall, Church Road, Buckley Arrangements considered satisfactory – no changes proposed BMA002 - 1384 Hawkesbury Community Centre, Mill Lane, Buckley This polling place is situated on the border in the adjacent polling district of BLA001. There are no known suitable alternative within BMA002 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place BMA003 - 977 Methodist Church Schoolroom, Drury Lane, Buckley Arrangements considered satisfactory – no changes proposed
56
Caergwrle Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CAA - 1260 Royal British Legion Hall, Caergwrle There is no car parking facilities at this polling place. There is no known suitable alternative. No adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place, unless as part of this review a suitable alternative can be found.
Caerwys Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CBD - 1027 Town Hall, Caerwys Arrangements considered satisfactory – no changes proposed CCD - 511 C. P. School, Lixwm Arrangements considered satisfactory – no changes proposed CDD - 425 Village Hall, Ysceifiog Arrangements considered satisfactory – no changes proposed
Cilcain Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CED - 585 Village Hall, Cilcain Arrangements considered satisfactory – no changes proposed CFD - 561 War Memorial Institute, Rhydymwyn Arrangements considered satisfactory – no changes proposed CGD - 425 Memorial Hall, Nannerch Arrangements considered satisfactory – no changes proposed
Connah’s Quay Central Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CHA001 - 1408 Community Centre, Tuscan Way, Connah’s Quay Arrangements considered satisfactory – no changes proposed CHA002 - 943 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay Arrangements considered satisfactory – no changes proposed
57
Connah’s Quay Golftyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CIA001 - 1208 St. Mark’s Church Hall, High Street, Connah’s Quay It has been highlighted that the access to this polling place is unsuitable and the polling station is not adequate. There have been no complaints received from electors. For future elections a ramp will be provided. Arrangements considered satisfactory, no change is proposed to this polling place, unless as part of this review a suitable alternative can be found. CIA002 - 2334 Connah’s Quay Youth Centre, Golftyn Lane Arrangements considered satisfactory – no changes proposed CIA003 - 194 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay This polling place is situated in the adjacent polling district of CHA002. There are no known suitable alternative within CIA003 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
Connah’s Quay South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (in electorate) CJA001 - 1952 Wepre C. P. School, Llwyni Drive, Connah’s Quay Arrangements considered satisfactory – no changes proposed CJA002 - 1970 St. Davids Church Hall, Mold Road, Connah’s Quay This polling place is situated on the border in the adjacent polling district of CKA. There are no known suitable alternative within CJA002 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place CJA003 - 295 Bryn Deva C.P. School, Linden Avenue, Connah’s Quay This polling place is situated in the adjacent polling district of CHA002. There are no known suitable alternative within CJA003 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
58
Connah’s Quay Wepre Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) CKA - 1654 Civic Hall, Connah’s Quay Arrangements considered satisfactory – no changes proposed
Ewloe Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) EAA001 - 2817 Community Centre, Level Lane, Hawarden Arrangements considered satisfactory – no changes proposed EAA002 - 998 Ewloe Social Club, Mold Road, Ewloe Arrangements considered satisfactory – no changes proposed
Ffynnongroyw Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FAD - 560 Community Wing, Ysgol Bryn Garth, Penyffordd Arrangements considered satisfactory – no changes proposed FBD - 313 Methodist Church, Talacre It has been suggested that the new Community Centre that has been built in Talacre would be a suitable to use as a polling place. The centre will be inspected and if suitable it is proposed to become the new designated polling place. FCD - 572 Canolfan, Ffynnongroyw Arrangements considered satisfactory – no changes proposed
Flint Castle Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FDD001 - 546 Town Hall, Flint Arrangements considered satisfactory – no changes proposed FDD002 - 915 Community Room, Castle Heights, Flint Arrangements considered satisfactory – no changes proposed
Flint Coleshill Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FED001 - 560 St. John’s United Reformed Church Schoolroom, Flint Arrangements considered satisfactory – no changes proposed FED002 - 2319 Cilfan Community Hall, Cornist, Flint Arrangements considered satisfactory – no changes proposed
59 Flint Oakenholt Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) FFD001 - 1231 Neuadd, Ysgol Croes Atti, Woodfield Avenue, Flint The nursery building Neuadd was destroyed in a fire in 2006. It is hope that the building will be rebuilt in time for elections in 2008. If so then it is proposed to be the designated polling place. For the 2007 election Ysgol Croes Atti was the designated polling place, even though a complaint received from a member of the public about using this facility because the school closed the nursery it is proposed to designate the school as the polling place is Neuadd is now rebuilt in time for the 2008 elections. FFD002 - 756 St. David’s Church Hall, Oakenholt, Flint Arrangements considered satisfactory – no changes proposed
Flint Trelawny Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (in electorate) FGD001 - 2234 Flint High School, Mount Pleasant, Flint Arrangements considered satisfactory – no changes proposed FGD002 - 494 C. P. School, Flint Mountain, Flint Arrangements considered satisfactory – no changes proposed
Greenfield Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GAD - 1923 Youth & Community Centre, Greenfield Arrangements considered satisfactory – no changes proposed
Gronant Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GBD - 819 Youth Centre, Pentre Lane, Gronant Arrangements considered satisfactory – no changes proposed GCD - 288 Village Hall, Gwespyr Arrangements considered satisfactory – no changes proposed
60 Gwernaffield Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GDD - 763 Church Hall, Gwernaffield Arrangements considered satisfactory – no changes proposed GED - 827 Village Hall, Pantymwyn Arrangements considered satisfactory – no changes proposed
Gwernymynydd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) GFD - 917 Village Centre, Gwernymynydd Arrangements considered satisfactory – no changes proposed GGD - 430 Soar Chapel School Room, Nercwys Arrangements considered satisfactory – no changes proposed
Halkyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HAD - 413 Parish Hall, Halkyn Arrangements considered satisfactory – no changes proposed HBD - 281 Village Hall, Rhes y Cae Arrangements considered satisfactory – no changes proposed HCD - 692 Rhosesmor Village Hall, Rhosesmor Arrangements considered satisfactory – no changes proposed
Hawarden Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HDA - 1509 Masonic Hall, Gladstone Way, Hawarden Arrangements considered satisfactory – no changes proposed
Higher Kinnerton Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HEA - 1270 Village Hall, Higher Kinnerton Arrangements considered satisfactory – no changes proposed
61 Holywell Central Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HFD001 - 670 Youth Centre, North Road, Holywell Arrangements considered satisfactory – no changes proposed HFD002 - 650 Community House, 4 Heol y Brenin, Holywell Arrangements considered satisfactory – no changes proposed
Holywell East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HGD - 1332 Moriah Chapel, Penymaes Road, Holywell Arrangements considered satisfactory – no changes proposed
Holywell West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HHD001 - 929 Youth Centre, North Road, Holywell This polling place is situated in the adjacent polling district of HFD001. There are no known suitable alternative within HHD001 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. HHD002 - 771 Community Centre, Holway, Holywell Arrangements considered satisfactory – no changes proposed
Hope Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) HIA - 1893 Community Centre, Heulwen Close, Hope Arrangements considered satisfactory – no changes proposed
Leeswood Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) LAD - 1353 Community Centre, Leeswood Arrangements considered satisfactory – no changes proposed LBD - 249 Pontblyddyn Cricket Club, Pontblyddyn Arrangements considered satisfactory – no changes proposed
62 Llanfynydd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) LCA - 420 C. P. School, Abermorddu Arrangements considered satisfactory – no changes proposed LDA - 395 Community Centre, Cymau Arrangements considered satisfactory – no changes proposed LEA - 469 Community Centre, Ffrith Arrangements considered satisfactory – no changes proposed LFA - 181 Coed Talon Bowling Club, Pontybodkin The access to this polling place is up a very steep hill. The footpath has been improved over recent years. There are no known suitable alternative and no complaints have been received from elections. Therefore arrangements considered satisfactory, no changes proposed unless a suitable alternative can be found.
Mancot Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MAA - 2549 Mancott Presbyterian Church Hall, Ash Lane, Mancot Arrangements considered satisfactory – no changes proposed
Mold Broncoed Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MBD - 1861 Glanrafon Centre, Glanrafon Road, Mold Arrangements considered satisfactory – no changes proposed
Mold East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MCD -1481 St. Davids Church Hall, St. David’s Lane, Mold Arrangements considered satisfactory – no changes proposed
63 Mold South Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MDD - 2095 Daniel Owen Centre, Earl Road, Mold This polling place is situated in the adjacent polling district of MBD. There are no known suitable alternative within MDD and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. However, Daniel Owen Community Association is considering the use of the centre for election purposes because of the opening hours and loss of income to the centre. It is hoped this matter can be resolved. This polling place will be kept under review and if a suitable alternative can be found a change to this polling place will be considered.
Mold West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MED - 1749 Parkfields Community Centre, Park Avenue, Mold Arrangements considered satisfactory – no changes proposed
Mostyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) MFD - 939 Community Centre, Maes Pennant Arrangements considered satisfactory – no changes proposed MGD - 402 Community Centre, Maes Pennant This polling place is situated in the adjacent polling district of MFD. Following the closure of the Post Office in Rhewl Mostyn this polling place was used for the first time in 2007. There have been no adverse comments made regarding this change. There are no known suitable alternative within MGD. Arrangements considered satisfactory, no change is proposed to this polling place.
64 New Brighton Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NAD - 1492 Women’s Institute, Chambers Lane, Mynydd Isa Arrangements considered satisfactory – no changes proposed NBD - 817 Community Centre, New Brighton Arrangements considered satisfactory – no changes proposed
Northop Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NCD - 949 Memorial Institute, Northop Arrangements considered satisfactory – no changes proposed NDD - 1427 Memorial Hall, Sychdyn Arrangements considered satisfactory – no changes proposed
Northop Hall Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) NED - 1235 Community Pavilion, Northop Hall Arrangements considered satisfactory – no changes proposed
Penyffordd Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) PAA001 - 1413 Youth Centre, Penyffordd Arrangements considered satisfactory – no changes proposed PAA002 - 1483 V. P. School, Chester Road, Penymynydd Arrangements considered satisfactory – no changes proposed
Queensferry Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) QAA - 393 Queensferry War Memorial Institute, Queensferry Arrangements considered satisfactory – no changes proposed QBA - 122 Community Centre, Phoenix Street, Sandycroft This polling place is situated in the adjacent polling district of QCA. There are no known suitable alternative within QBA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. QCA - 846 Community Centre, Phoenix Street, Sandycroft Arrangements considered satisfactory – no changes proposed 65 Saltney Mold Junction Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SAA - 907 Saltney Ferry Scout and Guide Headquarter, Bradshaw Arrangements considered satisfactory – no changes proposed Avenue
Saltney Stonebridge Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SBA - 2464 Community Centre, Saltney Arrangements considered satisfactory – no changes proposed
Sealand Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SCA001 - 509 Branch Library, Sealand Avenue, Garden City This polling place is situated in the adjacent polling district of SDA. There are no known suitable alternative within SCA001 and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place. SCA002 - 213 Community Centre, Sealand Manor, Sealand Arrangements considered satisfactory – no changes proposed SDA - 1214 Branch Library, Sealand Avenue, Garden City Arrangements considered satisfactory – no changes proposed
Shotton East Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SEA - 1284 St. Ethelwolds Church Hall, Shotton Lane, Shotton This polling place is situated in the adjacent polling district of SFA001. There are no known suitable alternative within SEA and no adverse comments have been made about use in the past. Arrangements considered satisfactory, no change is proposed to this polling place.
66 Shotton Higher Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SFA001 - 643 St. Ethelwolds Church Hall, Shotton Lane, Shotton Arrangements considered satisfactory – no changes proposed SFA002 - 901 Community Centre, Poplar Avenue, Shotton Arrangements considered satisfactory – no changes proposed
Shotton West Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) SGA - 1460 C. P. School, Plymouth Street, Shotton Arrangements considered satisfactory – no changes proposed
Trelawnyd & Gwaenysgor Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) TAD - 195 Old School, Gwaenysgor Arrangements considered satisfactory – no changes proposed TBD - 475 Memorial Hall, Trelawnyd Arrangements considered satisfactory – no changes proposed TCD - 255 Llanasa Village Hall, Llanasa Arrangements considered satisfactory – no changes proposed TDD - 491 Community Centre, Berthengam Arrangements considered satisfactory – no changes proposed
Treuddyn Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) TEA - 1268 Community Centre, Hafan Deg, Treuddyn Arrangements considered satisfactory – no changes proposed
Whitford Electoral Division
Polling District Designated Polling Place Returning Officer’s Comments and Alternative Proposals (inc electorate) WAD - 329 V. P. School, Whitford Arrangements considered satisfactory – no changes proposed WBD - 1488 Village Hall, Carmel Arrangements considered satisfactory – no changes proposed
67 Appendix 3 PROPOSALS FOR CONSIDERATION
1.01 The following polling places are located in an adjacent polling district. These polling places have been the designated polling places for electors for a number of years. In the past there have been no complaints and no alternative polling place has been suggested during the consultation period. It is proposed that there be no changes to the following polling places:-
Polling Place for Polling District ABD – Argoed Electoral Division Community Centre No. 2, Mynydd Isa.
Polling Place for Polling District ACA002 – Aston Electoral Division Aston Community Centre, Aston Park Road
Polling Place for Polling Districts BEA and BFA – Broughton North East Electoral Division Broughton and Bretton Community Centre, Brookes Avenue
Polling Place for Polling District BLA002 – Buckley Mountain Electoral Division Bistre Parish Church Hall, Mold Road
Polling Place for Polling District BMA002 - Buckley Pentrobin Electoral Division Hawkesbury Community Centre, Mill Lane
Polling Place for Polling District CIA003 – Connah’s Quay Golftyn Electoral Division Bryn Deva C. P. School, Linden Avenue.
Polling Place for Polling District CJA002 – Connah’s Quay South Electoral Division St. Davids Church Hall, Mold Road
Polling Place for Polling District CJA003 – Connah’s Quay South Electoral Division Bryn Deva C. P. School, Linden Avenue
Polling Place for Polling District HHD001 – Holywell West Electoral Division Youth Centre, North Road
Polling Place for Polling District QBA – Queensferry Electoral Division Community Centre, Phoenix Street
Polling Place for Polling District SCA001 – Sealand Electoral Division Branch Library, Sealand Avenue
Polling Place for Polling District SEA – Shotton East Electoral Division St. Ethelwolds Church Hall, Shotton Lane
1.02 Polling Place for Polling District CAA – Caergwrle Electoral Division
Following elections in May it was highlighted there were no car parking facilities at the Royal British Legion. It has also come to light that the future use of the Legion can not be guaranteed as it has been suggested that it may close.
Hope Community Council suggested the Evangelical Church Hall as an alternative polling place outside the village centre and the Local Member suggested the Presbyterian Church Hall, High Street and the Youth Club, Bryn Yorkin Lane.
68 The Presbyterian Church Hall and Youth Club, Bryn Yorkin have been inspected. The Youth Club had excellent facilities but is located outside the centre of the village and did not have very good car parking facilities. The Presbyterian Church Hall is more centrally located on the High Street. There is a drop off area outside the Church Hall and it has disabled access. There is no room to locate tellers in either of the suggested polling places. Opposite the Church Hall across the High Street is a large car park. It is proposed to designate the Presbyterian Church Hall as a polling place.
1.03 Polling Place for Polling District CIA001 – Connah’s Quay Golftyn Electoral Division
Following elections in May, it was highlighted that the entrance to St. Mark’s Church, High Street is not adequate. There have been no complaints received from electors regarding this.
Connah’s Quay Town Council and the Local Member have suggested Golftyn C. P. School as an alternative polling place. Some years ago, prior to the utilisation of St. Mark’s Church Hall, the school was in fact the polling place for this polling district. The Head Teacher, Governors and Parents objected to use of the school for polling purposes as the school closed on polling day for the safety of the children.
The Head Teacher has been approached with this suggestion and a letter has been sent to school Governors. This matter is being kept under review. In the meantime, the entrance to the Hall will be improved with a temporary ramp. It is proposed that there will be no changes to this designated polling place.
1.04 Polling Place for Polling District FBD – Ffynnongrow Electoral Division
The Methodist Church has been the designated polling place for a number of years. Following elections in May it was suggested by an elector that the newly built Community Centre in Talacre could be a suitable alternative for this polling district.
Llanasa Community Council agreed that the newly built Community has excellent facilities for electors, staff and tellers. The centre also has two allocated disabled parking bays. It is proposed to designate the Community Centre has the polling place.
1.05 Polling Place for Polling District FFD001 – Flint Oakenholt Electoral Division
The nursery building was destroyed in a fire in 2006. For the National Assembly for Wales elections in May 2007, a room within the school building was used. This led to one complaint received from a member of the public because the nursery was closed to children that day. It is proposed that the polling place is moved back to Neuadd once the building is rebuilt. It is hoped the building will be rebuilt in time for the local elections in May 2008. If this is not the case then it is proposed that Ysgol Croes Atti be the designated polling place and to keep the situation under review.
1.06 Polling Place for Polling District HDA – Hawarden Electoral Division
Hawarden Community Council have suggested that the polling place be moved to a more central location within the polling district and the Tithe Barn, Church Lane was suggested. The Tithe Barn has good facilities for electors, staff and has disabled access. There is room for a small number of tellers in the entrance hall. There are reasonable parking facilities in a small car park adjacent and on Church Lane. The location of this polling place is centrally located in the main area of the village.
69 It is proposed to note this suggestion and keep this polling place under review. In the meantime, it is proposed that there will be no changes to the existing designated polling place.
1.07 Polling Place for Polling District HGD – Holywell East Electoral Division
The local Member has suggested that the future used of the Moriah Chapel as a polling place is uncertain. Until a suitable alternative location is identified this situation will be kept under review. Once the new Church and Church Hall has been built this will be inspected. It is proposed that there will be no changes to this existing designated polling place.
1.08 Polling Place for Polling District LFA – Llanfynydd Electoral Division
The access to Coed Talon Bowling Club is up a very steep hill. The footpath has been improved over recent years. Consultations previously undertaken have resulted in no alternative suggestions. There have been no complaints received concerning this polling place and it is popular with local electors. No alternative polling place has been suggested during the consultation period, it is proposed that there will be no change to this existing arrangement.
1.09 Polling Place for Polling District MAA – Mancot Electoral Division
Hawarden Community Council have suggested that the polling place be moved to the newly built Mancot Village Hall. The Village Hall has excellent facilities for electors, tellers and staff and is fully compliant for disabled access. There is an adjacent car park with one disabled car parking bay.
The local Member responded to the consultation that the Village Hall is a suitable polling place and has excellent facilities. It is proposed to designate Mancot Village Hall as the polling place.
1.10 Polling Place for Polling District MDD – Mold South Electoral Division
Daniel Owen Centre, Earl Road is located just inside the adjacent polling district MBD. The Centre has been the designated polling place for electors in this polling district for a number of years. In the past there have been no complaints from electors and no alternative polling place has been suggested during the consultation period, it is proposed that there will be no change to this existing arrangement. The future use of the centre has also been confirmed by Daniel Owen Community Association.
The local Member responded to the consultation that the Daniel Owen Centre is the only suitable location in the polling district but highlighted the difficulty in parking vehicles during the working day. Attempts to find a solution will be made regarding this problem.
1.11 Polling Place for Polling District MGD – Mostyn Electoral Division
The Community Centre, Maes Pennant is located in the adjacent polling district MFD. The closure of the Post Office in Rhewl Mostyn led to electors within this area to vote at the community centre for the first time in May 2007. No complaints were received from electors regarding this change. Previous consultations carried out with the local Member and Community Council has failed to provide an alternative solution.
70 A Community Councillor suggested that a polling place should be located in this polling district. It was suggested the part of the building previously used as a polling place could be used or a mobile unit. It is not suitable to use the former Post Office that has now reverted to a private dwelling. The long term use could not be guaranteed. Previously a mobile unit was used as a polling place in Rhewl Mostyn which required the co-operation of a local resident to provide power, water and toilet facilities. This was not considered satisfactory and also there was no disabled access. It is proposed that the Community Centre, Maes Pennant continue as the designated polling place.
1.12 Polling place for Polling District NAD – New Brighton Electoral Division
Argoed Community Council has suggested that this polling place is unsuitable and has poor facilities for electors, staff and tellers. No alternative polling place was suggested. It is proposed to note these concerns and to identify an alternative polling place. In the meantime, it is proposed that there will be no changes to the existing designated polling place.
1.13 Polling District SBA – Saltney Stonebridge Electoral Division
The Member of Parliament for the Alyn and Deeside Constituency has suggested that an additional polling place is required for this Electoral Division, closer to the Chester border. It was suggested that Douglas Place Community Hall would be a suitable location. In order to provide an additional polling place for this Electoral Division the polling district of SBA will need amending and the creation of a new polling district.
The local Member responded to the consultation that with the proposed residential development an additional polling place is required for this Electoral Division. An alternative polling place to Douglas Place Community Hall would be the new library currently under construction and should be completed in time for elections in 2008.
The current electorate for the Saltney Stonebridge electoral division is 2498. There are currently planning applications for development of residential properties on Boundary Lane and High Street.
It is proposed to create an additional polling district for the Saltney Stonebridge Electoral Division and to designate Douglas Place Community Hall as the polling place. The new library will be inspected once completed and this polling place will be kept under review.
71 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 16
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: COUNTY LEGAL AND DEMOCRATIC SERVICES OFFICER SUBJECT : REPORT BY THE PUBLIC SERVICES OMBUDSMAN (WALES)
1.00 PURPOSE OF REPORT
1.01 To consider a Report issued by the Local Government Ombudsman for Wales and to note the action to be taken as a result.
2.00 BACKGROUND
2.01 The Public Services Ombudsman (Wales) Act 2005 places a duty on the Authority to consider reports issued by the Ombudsman and to notify him of the action which the Authority have taken or propose to take on recommendations made in the report.
2.02 By letter dated 20 July, 2007 the Council received the Ombudsman's Report relating to an investigation into a complaint regarding the actions of the Council in investigating child protection concerns about the complainant's four children, the way in which the Council decided to place the children on the Child Protection Register and related events. The various matters of complaint had been considered by an independent investigator under Stage 2 of the Council's Statutory Social Services Complaints Procedure but not all the recommendations were actioned straightaway. The Ombudsman found that there had been repeated and prolonged maladministration in the way the Council dealt with the complainant and her children and upheld her complaint.
2.03 A copy of the Ombudsman's Summary of his Report is attached to this report as Appendix 1. The full Report contains large amounts of sensitive and personal information and the Ombudsman considers it inappropriate to publish the full Report.
2.04 The Ombudsman's Report recommends that the Council should pay the complainant the sum of £4,000 in recognition of the distress caused to the family by the Council's maladministration and a further £1,000 to one of her daughters in recognition of the distress she in particular was caused. He also recommends that the Council should also pay to the complainant and the same daughter the sum of £300 each in respect of the additional distress and trouble caused them by its poor handling of the complaints.
2.05 The Ombudsman also recommended that the Council urgently reviews its case recording and file management systems and the way in which child
72 Date: 30/10/2008 Flintshire County Council
protection work is allocated to ensure that staff working on child protection cases have appropriate training and experience and that they are properly supervised.
2.06 The Ombudsman also recommends that the Local Safeguarding Children Board develop a local protocol covering how Section 47 enquiries and associated Police investigations should be conducted and in particular in what circumstances joint enquiries are necessary and/or appropriate.
3.00 CONSIDERATIONS
3.01 As indicated in the conclusion to the Ombudsman's Report, the Acting Chief Executive at the time indicated that the Council was prepared to implement the recommendations in the Report. The payments referred to have been made and work is underway to address the other recommendations.
4.00 RECOMMENDATIONS
4.01 That the Council notes the recommendations set out in the Report and the action taken to implement them.
4.02 That the Director of Education, Children's Services & Recreation submit reports to the Children's Forum and Local Safeguarding Children Board on the outcome of the review of the matters set out in paragraph 23 of the Ombudsman's Report and the development of the local protocol referred to.
5.00 FINANCIAL IMPLICATIONS
5.01 The payment of £5,600 from the Children's Services budget.
6.00 ANTI POVERTY IMPACT
6.01 None.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 None.
9.00 PERSONNEL IMPLICATIONS
9.01 None at this stage but some may arise as a result of the review.
10.00 CONSULTATION REQUIRED
73 Date: 30/10/2008 Flintshire County Council
10.01 All Members should receive a copy of the attached Summary Report.
11.00 CONSULTATION UNDERTAKEN
11.01 As in 10.01 above.
12.00 APPENDICES
12.01 Appendix 1 - Ombudsman's Summary of his Report - "Report by the Public Services Ombudsman for Wales on an Investigation into a Complaint against Flintshire County Council".
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Summary Report of the Public Services Ombudsman for Wales
Contact Officer: Barry Davies Telephone: 01352 702344 E-Mail: [email protected]
74 Date: 30/10/2008 75 76 77 78 79 80 81 82 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 17
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: COUNTY LEGAL AND DEMOCRATIC SERVICES OFFICER SUBJECT : OVERVIEW & SCRUTINY ANNUAL REPORT
1.00 PURPOSE OF REPORT
1.01 For the Council to receive the Annual Report of the Overview & Scrutiny function for 2006/07.
2.00 BACKGROUND
2.01 Article 6.03(d) of the Council's Constitution provides that 'Overview & Scrutiny Committees must report annually to full Council through the Overview & Scrutiny Co-ordinating Committee on their workings and make recommendations for future work programmes and amended working methods if appropriate'.
2.02 A draft of the Annual Report was considered and approved by the Co- ordinating Committee at its meeting on 4 October 2007.
3.00 CONSIDERATIONS
3.01 A copy of the final version of the report, as approved by the Co-ordinating Committee, is attached.
4.00 RECOMMENDATIONS
4.01 That the County Council receives the Overview & Scrutiny Annual Report for the 2006/07 municipal year.
5.00 FINANCIAL IMPLICATIONS
5.01 None arising directly from this report.
6.00 ANTI POVERTY IMPACT
6.01 None arising directly from this report.
7.00 ENVIRONMENTAL IMPACT
7.01 None arising directly from this report.
8.00 EQUALITIES IMPACT
83 Date: 30/10/2008 Flintshire County Council
8.01 None arising directly from this report.
9.00 PERSONNEL IMPLICATIONS
9.01 None arising directly from this report.
10.00 CONSULTATION REQUIRED
10.01 Not applicable.
11.00 CONSULTATION UNDERTAKEN
11.01 Publication of this report constitutes consultation.
12.00 APPENDICES
12.01 Overview & Scrutiny Annual Report 2006/07
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Attached Annual Report and relevant Minute of the Co-ordinating Committee on 4 October 2007
Contact Officer: Robert Robins Telephone: 01352 702320 E-Mail: [email protected]
84 Date: 30/10/2008 Flintshire County Council
Overview & Scrutiny Annual Report
2006/07 Municipal Year
Approved by Co-ordinating Committee on 4 October 2007
85
CONTENTS
PAGE
1. Foreword 1
2. Background 2
3. Workload 4
4. Working Within The Community/Consultation 6
5. Co-ordinating Committee 7
6. Social & Health Overview & Scrutiny Committee 9
7. Corporate Management Overview & Scrutiny 11 Committee
8. People & Performance Overview & Scrutiny 13 Committee
9. Environment & Regeneration Overview & 15 Scrutiny Committee
10. Community & Housing Overview & Scrutiny 17 Committee
11. Lifelong Learning Overview & Scrutiny 19 Committee
12. Responses of the Executive to Final Reports 21
13. Call In Arrangements 23
14. Conclusions 25
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1. FOREWORD
The Overview & Scrutiny Annual Report gives us, as Members of the Co-ordinating Committee, an opportunity to formally report on the workings of Overview & Scrutiny in the last year.
There have been further changes to the Overview & Scrutiny function during this municipal year. At the Council meeting in June 2006, in the light of advice from James Goudie QC, it was decided to reduce the size of the functional Overview & Scrutiny Committees to eleven Members to better reflect the political balance.
A number of in-house training sessions were provided for Members, resulting in some useful feedback for the future development of Overview & Scrutiny. Members also took part in a workshop carried out by officers from the Wales Audit Office to assist with performance monitoring at Committee meetings.
The profile of Overview & Scrutiny has continued to be raised through local media coverage but there is a long way to go before we are to be satisfied. It is apparent that given the time and resources, each of the Committees could meet far more frequently than they currently do.
The Annual Report provides the ideal opportunity to thank our fellow Members, whether they be Executive or non-Executive Members, for their contribution and support over the last year. We would also like to thank the staff who have serviced our meetings or appeared at them as contributors, whether supporting Executive Members or in their own right, and also any external contributors.
Members of the Co-ordinating Committee:-
Councillors:- I B Roberts (Chairman) A E Hannah S R Baker P G Heesom J G Beard H T Howorth D Butler H D Hutchinson D M D Clayton (Vice-Chairman) Mrs A Minshull E F Evans M G Wright J J Griffiths
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2. BACKGROUND
Article 6.03 (D) of the Council’s Constitution provides that ‘Overview & Scrutiny Committees must report annually to Council through the Overview & Scrutiny Co-ordinating Committee on their workings and make recommendations for future work programmes and amended working methods if appropriate.’
This report is the fifth Annual Report of the Overview & Scrutiny function, and the third to be solely based on the municipal year, as agreed by the Co-ordinating Committee on 29 January 2004.
The County Council’s current democratic structure was established in response to the requirements of the Local Government Act 2000. The full Council is made up of all 70 Members and determines key policies and strategies including the budget.
Part II of the Local Government Act 2000 introduced a new decision making framework for Local Authorities in which there is a separation of the decision making process and the scrutiny of those decisions. Local Authorities were required to consult the public on the form of Executive arrangement preferred, as a result of which Flintshire has adopted a Leader and cabinet, which is known as ‘the Executive’.
Section 21 of the Act requires Authorities operating Executive arrangements to set up at least one Overview & Scrutiny Committee in order to hold the Executive to account.
Our role as Overview & Scrutiny Members is to examine the Council’s policies, working practices and service delivery. We can ask the Executive and the Council’s Officers to give account for what they do and how they do their jobs. In the course of carrying out our functions, we make recommendations to the Executive on existing and proposed new policies and we are an essential check and balance to the Executive. We also ensure that where our recommendations are accepted by the Executive that they are acted on: thus we place a great emphasis on monitoring the implementation of our recommendations.
For Overview & Scrutiny to work effectively, there is a need for the Executive to be aware of our work and to take proper account of the recommendations which we make. The recommendations which Overview & Scrutiny makes are not made lightly, but are the result of a great deal of analysis and discussion. Overview & Scrutiny is not adversarial, but seeks to provide a constructive and challenging approach based on mutual understanding.
The relationship should be characterised by a proper flow of information between the Executive and Overview & Scrutiny which is a two-way flow.
It is acknowledged that Overview & Scrutiny will, from time to time, make recommendations which the Executive and Directors find uncomfortable. This is because Overview & Scrutiny is a ‘critical friend’, whose purpose is to contribute towards continuous improvement within the Authority.
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During the training, which was provided by the Wales Audit Office, we were given an illustration of the ‘Scrutiny Virtuous Circle’ which encapsulates how effective Scrutiny should work.
The Scrutiny Virtuous Circle
GOOD INFORMATION
GOOD GOOD SCRUTINY SCRUTINY BY REPORTS MEMBERS
GOOD SCRUTINY OUTCOMES
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3. WORKLOAD
During the period covered by this Annual Report, there has been an increase in the number of Overview & Scrutiny Committee meetings with a slight decrease in the use of Task or Working Groups, as shown in the table overleaf.
The increase from four to six Committees which came into effect after the 2005 Annual Meeting has increased the officers’ workload and this is something which has been closely monitored. With the loss of a Facilitator post under Programme for Change, the ability to support the current workload must be even more closely monitored. It would not have been possible to sustain the workload without the dedication, enthusiasm and skills of the staff, particularly the three Facilitators.
With the loss of a Facilitator post, it would have been even more difficult to sustain levels of support and activity without Sharon Thomas. Sharon’s rôle has evolved into that of Overview & Scrutiny Administrator, whose organisational and research skills have proved invaluable.
It should also be noted that Overview & Scrutiny activity has implications for Executive Members and Directors, both of whom are called to appear at Overview & Scrutiny meetings, with the latter being asked to provide written reports. Their co-operation is appreciated.
The use of joint working continues, either between two Committees or with one Committee hosting a meeting to which all Overview & Scrutiny or non Executive Members have been invited. The benefits of such joint working are recognised as being more effective and reducing duplication. Issues which have been dealt with on a joint or hosted basis are Regulatory Plan, Youth Justice Plan and consultation on the Budget, Council Plan and Single Education Plan.
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OVERVIEW & SCRUTINY COMMITTEES’ WORKLOAD
2002/03 2003/04 2004/05 2005/06 2006/07 CO- 6 Ctte mtgs 6 Ctte mtgs 6 Ctte mtgs 4 Ctte mtgs 4 Ctte mtgs ORD E&EWB 10 Ctte mtgs 20 Ctte mtgs 11 Ctte mtgs 2 Task Group mtgs 2 Panel mtgs 1 Site Visit 1 Workshop C&H 14 Ctte mtgs 13 Ctte mtgs 2 Site Visits 1 Seminar 1 Workshop E&R 14 Ctte mtgs 9 Ctte mtgs 1 Site Visit 2 Site Visits 1 Workshop LL 9 Ctte mtgs 11 Ctte mtgs 16 Ctte mtgs 13 Ctte mtgs 12 Ctte mtgs 1 Task Group mtg 6 Task Group mtgs 1 Site Visit 1 Workshop P&CM 10 Ctte mtgs 13 Ctte mtgs 20 Ctte mtgs 7 Task Group mtgs 17 Task Group 5 Task Group mtgs mtgs CM 10 Ctte mtgs 14 Ctte mtgs 1 Seminar 1 Seminar 1 Site Visit 1 Training session P&P 11 Ctte mtgs 15 Ctte mtgs 2 Seminars 1 Seminar 2 Task Groups 1 Task Group S&H 7 Ctte mtgs 13 Ctte mtgs 9 Ctte mtgs 10 Ctte mtgs 14 Ctte mtgs 4 Panels 4 Task Groups 1 Site Visit 1 Consultation 1 Workshop 2 Joint Review 1 Training Workshop briefings session 1 Training Day 1 Workshop JNT - - 3 Committee 1 Joint Task Group 1 Joint Task Group mtgs (S&H and LL) (S&H and LL) Total 42 Ctte mtgs 63 Ctte mtgs 65 Ctte mtgs 76 Ctte mtgs 81 Ctte mtgs 19 other mtgs 29 other mtgs 8 other mtgs 12 other mtgs 12 other mtgs
Key: CO-ORD = Overview & Scrutiny Co-ordinating Committee * E&EWB = Environment & Economic Well-Being Overview & Scrutiny Committee C&H = Community & Housing Overview & Scrutiny Committee E&R = Environment & Regeneration Overview & Scrutiny Committee LL = Lifelong Learning Overview & Scrutiny Committee * P&CM = Policy and Corporate Management Overview & Scrutiny Committee CM = Corporate Management Overview & Scrutiny Committee P&P = People & Performance Overview & Scrutiny Committee S&H = Social and Health Overview & Scrutiny Committee JNT = Joint Overview & Scrutiny Committee meetings
* ceased on 10 May 2005. Work of Committees divided between the new Committees, namely, Community & Housing and Environment & Regeneration, and Corporate Management and People & Performance. 91 C:\cadmin\SBTS-789C5E-1.DOC Page 5
4. WORKING WITHIN THE COMMUNITY/CONSULTATION
We have previously recognised the value of holding meetings outside County Hall. Such meetings raise our profile within the communities which we serve and offer opportunities for Members to gain a better insight into issues than might be achieved through the use of reports.
In emphasising the benefits of meeting away from County Hall, however, we also recognise that it is sometimes difficult to find suitable venues for meetings.
The work of the Lifelong Learning Overview & Scrutiny Committee is particularly well suited to meetings within the community, because schools generally have facilities to accommodate Members and officers as well as making provision for the public and press. The Committee has met at a number of schools in the past.
It is also useful for Overview & Scrutiny Committees to gather evidence by undertaking site visits.
Members of the Environment & Regeneration Overview & Scrutiny Committee visited the Flintshire depots at Halkyn and Alltami to gain an insight into the County’s winter maintenance procedures.
As part of the Review of the Environment & Conservation Service, Members of the Environment & Regeneration Overview & Scrutiny Committee took part in site visits to a number of projects where work had been carried out by the Environment & Conservation Service. The visits proved highly beneficial in providing Members with a greater awareness of the work of that section.
Arising from discussion on the Leisure Centres Review, Members of the Lifelong Learning Overview & Scrutiny Committee visited a selection of leisure centres in Flintshire, including dual-use sites. Members were able to observe the varied range of facilities available throughout the County.
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5. OVERVIEW & SCRUTINY CO-ORDINATING COMMITTEE
MEMBERS OF THE COMMITTEE With regard to the topics suggested by Councillors: Members, a Member of an Overview & I B Roberts (Chairman) Scrutiny Committee has a statutory right S R Baker under S21(8)(a) of the Local J G Beard Government Act 2000 to have an item D Butler discussed by that Committee. Since the D M D Clayton (Vice-Chairman) inception of Overview & Scrutiny in E F Evans Flintshire, we have extended that J J Griffiths statutory right to all Members of the A E Hannah Council. A list of topics is to be found P G Heesom on the following page. The role of the H T Howorth Co-ordinating Committee is to ensure H D Hutchinson that the items which Members suggest Mrs A Minshull are suitable topics. M G Wright The Committee has also run a pilot M Higham (co-opted as Chairman of the project, enabling members of the public Audit Committee) to suggest topics for scrutiny. It was not thought that this would result in a huge The supporting officers for this influx of topics, but does offer the Committee are Peter Evans and Robert facility, should it be required. A section Robins, whose contact details are as of the County Council’s website deals follows: with Scrutiny and details how the public can suggest topics. Tel: 01352 702304/702320
Email: [email protected] The Overview & Scrutiny function is only or [email protected] as good as we, the elected Members,
choose to make it. The role of the Co- The Committee Administrator is ordinating Committee is to act as the Nicola Gittins. management for Overview & Scrutiny.
The rôle of the Co-ordinating Committee The following are ‘Overview & is to allocate, co-ordinate and prioritise Scrutiny management’ topics which the work of the functional Overview & have been considered by the Scrutiny Committees. It also identifies Committee: the appropriate Chairman for Call In Arrangements consultation or consent purposes for the Development of Overview & Scrutiny allocation of topics and deals with items Feedback on the work of the of common interest to Overview & Overview & Scrutiny Committees Scrutiny. It is very much a ‘Management Committee’ and so the Overview & Scrutiny Budget Members of the Committee are Responses to Members’ generally drawn from the Chairmen and correspondence Vice-Chairmen of functional Workshops and Member Committees. In other authorities, a Development similar Committee is often described as the ‘Principal Scrutiny Committee’.
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Topics suggested by Members Major tasks of the Committee
Anti-Social Behaviour Unit (suggested Health Service Scrutiny by Councillor Attridge) referred to the The Committee raised concerns about Community & Housing Overview & the lack of specific powers to scrutinise Scrutiny Committee. Health Service institutions. We wrote to Bus Funding within Flintshire Sue Essex AM and Dr Brian Gibbons (suggested by Councillor Hannah) AM to highlight the need for Health was referred to the Corporate Service scrutiny in Wales to become a Management Overview & Scrutiny statutory function under Section 7 of the Committee. Health & Social Care Act 2001, as it is in Consideration of links between the England. We also approached the Rights of Way Section and other constituency and regional Assembly Council initiatives supporting a Members, seeking support for this healthy lifestyle and possible request. co-ordination of these (suggested by Councillor Howorth) was referred to Member Training the Environment & Regeneration Five in-house workshops were held Overview & Scrutiny Committee. during May, June and July 2006. A Funding of Voluntary Bodies further Members’ training session was (suggested by a member of the public provided by officers from the Wales via Councillor Hannah) was referred Audit Office in July, which concentrated to the People & Performance on performance monitoring and Overview & Scrutiny Committee. management. Scrutiny of External Bodies - North Wales Police - was referred to the Overview & Scrutiny Handbook Corporate Management Overview & The Overview & Scrutiny Handbook was Scrutiny Committee. finalised and approved. It contains all the operating protocols and procedures Single Status (suggested by which have been established, together Councillor Clayton) was referred to with guidance which may be helpful to the People & Performance Overview Members and officers, and can be found & Scrutiny Committee. on the Council’s Infonet. Site licence conditions for the former Brookhill Quarry and other landfill sites in the Buckley area (suggested by Councillor A Woolley) was referred to the Community & Housing Overview & Scrutiny Committee. Welsh Ambulance Service (suggested by Councillor J F Jones) was referred to the Social & Health Overview & Scrutiny Committee. Welsh Language functions (suggested by Councillor H G Roberts) was referred to the Corporate Management Overview & Scrutiny Committee.
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6. SOCIAL & HEALTH OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE The terms of reference of the Committee Councillors: mean that it works closely with the D Butler (Chairman until Dec 2006) Executive Members, Councillors Chris H T Howorth (Vice-Chairman until Bithell for Education & Children’s Services Dec 2006, Chairman from Jan 2007) and David Wilkes for Adult Social Care. Mrs D S Banks D Barratt The Committee benefits from the C Bithell contribution of a wide cross-section of P J Curtis (Vice-Chairman from officers from Adult Social Care and Jan 2007) Children’s Services, as well as for partner D L Cox (until July 2006) organisations. Mrs C A Ellis H J McGuill Whilst the Co-ordinating Committee has W Mullin made representations to WAG to grant C Shone statutory powers of health service I R Smith scrutiny, these have not been successful. W M Warburton In England, county and unitary authorities have a statutory power under Section 7 of J B Attridge (co-opted Member for the Health & Social Care Act 2001. The specific item) position in Wales is different, because of the retention of the Community Health Councils. We have begun to work closely Isobel Neudorfer was the Committee’s with our Community Health Council Facilitator until September 2006. colleagues on topics where we share an Suzanne Chaloner was appointed in interest. This joint working was also September 2006 and assumed her extended to Wrexham County Borough duties as the Committee’s Facilitator in Council’s Social Affairs, Health & Housing November. Committee. As we have a general power under Section 21(2)(e) of the Local Government Act 2000, we have used that The Committee Administrator is to engage with National Health Service Maureen Potter. institutions. The WAG policy document ‘A Shared Responsibility’ contains proposals for the extension of Local Authority The Social & Health Overview & Overview & Scrutiny powers to external Scrutiny Committee covers social and bodies, which will strengthen our health services to adults and children, relationship with the NHS. whether they be provided by the Council or our partners, including the Some of the topics which have been Authority or third sector or the NHS. considered by the Committee: It covers the Health Social Care & Adult Protection report Wellbeing Strategy, monitors risk issues and contributes to policy Adult Social Care Revenue Budget development within Adult Social Care Annual report on the Social Services and Children’s Services. Representations & Complaints Procedure
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Child Protection and Looked After Topic suggested by a Member Children Councillor J F Jones requested that Clwyd Community Health Council consideration be given to the current Corporate Parenting Policy position of the Welsh Ambulance Service. CSIW report of the Flintshire Foster The Regional Director for the North region Care Services has accepted an invitation to attend the meeting of the Committee to answer Designed for North Wales: Review Members’ questions. This issue has been of Secondary Care placed on the Forward Work Programme Development of Telecare for July 2007. Flintshire Local Health Board
Foster Care Developments Fulfilled Lives, Supportive Communities: A Strategy for Social Major tasks of the Committee Services over the next decade Scrutiny of Health Service Institutions Joint Review of Flintshire’s Social We were pleased to welcome Ms Hilary Services Pepler, Chief Executive of the North East Lease of premises to relocate Wales NHS Trust to our meeting in Learning Disability Provider Services October 2006, where she was able to answer Members’ questions. Following Multi-Agency Public Protection the success of this, Mr Peter Herring, Arrangements Chief Executive of the Countess of National Service Framework for Chester Hospital, accepted a similar Older People invitation to attend a meeting in April this Performance Outturns year. Primary Resource Centres Proposal for NE Wales out of hours SSIW ‘Performance Evaluation of Local Social Work Service Authority Social Services’ and ‘Review of Children’s Services’ Public Health Update SSIW officers attended a special meeting Review of Older People’s Forum of the Committee to present these two Rota Visits to Residential and Day useful reports. A joint meeting has since Care Establishments by Elected been arranged with Community & Members Housing Overview & Scrutiny Committee Short, Medium and Long-Term Aims to consider the issue of accommodation of the NE Wales NHS Trust for children leaving care and other vulnerable service users. Single Education Plan 2006/8
SSIW Performance Evaluation of Youth Justice Plan 2006/07 Local Authority Social Services and A Joint Task Group comprising Members Review of Children’s Services’ from our Committee and Lifelong reports Learning Overview & Scrutiny Committee SSIW Review of Adult Services was set up to consider this issue. A Strategy for Older People number of recommendations were Well-Being Network submitted to the Executive.
Young People and the Misuse of
Drugs
Youth Justice Plan 2006-07
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7. CORPORATE MANAGEMENT OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE contributing to policy development Councillors: within the Chief Executive’s office and A E Hannah (Chairman) the Financial, Legal & Democratic Mrs D S Banks Services Directorate. J G Beard (from June 2006) D M D Clayton The early retirement of Lynne Blake, P J Curtis the Director of Financial, Legal & B Dunn Democratic Services, in September R J T Guest and the sad loss of Councillor Derek R G Hampson Darlington, Leader and Executive P G Heesom Member for Finance, have had a J F Jones (until June 2006) significant impact on the Corporate W Mullin (Vice-Chairman) Management Overview & Scrutiny A Woolley Committee. However, we have already developed a close working H G Roberts (co-opted Member for the relationship with the County Finance issue of Welsh Language) Officer, Kerry Feather, and the Interim Assistant Director, Phil Wilson has also T Walker (as Vice-Chairman of the been of great assistance to us. We Environment & Regeneration Overview have also welcomed the new & Scrutiny Committee, co-opted for the Executive Member for Finance, Review of Bus Funding) Councillor Peter Macfarlane.
Some of the topics which have been The Facilitator for this Committee is considered by the Committee: Bev Symonds, whose contact details Asset Management are as follows: Budget Consultation 2007/08 Tel: 01352 702498 Email: [email protected] Monthly Budget Monitoring North Wales Police Review 2007-08
The Committee Administrator is Procurement Tracy Waters. Public Transport Subsidy Review
Revenue generation from IT
The nature of the Corporate Service Plans Management Overview & Scrutiny Unified Collections Committee means that it is less likely to carry out ‘one off’ reviews but to Welsh Language concentrate on monitoring work. Issues include corporate management and governance, finance, Base Budget Review, the Community Strategy, cross-cutting policy development, asset management, procurement, crime/disorder and policing issues, the monitoring of risk issues and 97 C:\cadmin\SBTS-789C5E-1.DOC Page 11
Major tasks of the Committee Consultation on the Budget 2007/08 The special meetings of the Committee Asset Management were held in February 2007 to receive This is a standard item on the Agenda. budget presentations from Executive The Committee’s final report was Members and Directors on their submitted to the Executive in May relevant service areas. This was a 2006, and although we were new approach to the budget and was reasonably happy with the decisions, suggested because there was a far we felt that some of our concerns were greater interest in the budget process not addressed. It was agreed that the than in previous years. Committee would receive final copies of the Asset Management Strategy, As a result of the Committee’s Property Strategy and Action Plan approach to Budget issues this year, a when available. Members of the recommendation was made to the Committee have been particularly Co-ordinating Committee that the concerned that the Authority might be Overview & Scrutiny function under-utilising assets which could reconsiders how it deals with make a significant contribution towards budgeting issues. It was agreed that service improvement. each Overview & Scrutiny Committee would receive a presentation from the Budget Monitoring relevant Executive Member and One of the most significant elements of Director. Our Committee will continue the Committee’s work is to receive the to co-ordinate the response to budget monthly budget monitoring reports. proposals. These are usually presented by the Interim Assistant Director (Financial North Wales Policing Plan Management) and over the years have Following a workshop held in July been developed to provide more 2006, it was agreed that the Policing information. The commentary on Plan would be considered by the in year budget over and underspends Committee on an annual basis, with has proved invaluable to Members of contributions from the two County the Committee in their examination of Council’s representatives on the Police the Council’s expenditure. Authority.
The work which had been carried out A number of questions from Members on the Base Budget Review was of were answered by the Clerk to the great interest to the Committee, which Police Authority, and we requested still takes a great deal of interest in that the Committee be made formal levels of underspending within the consultees on the next draft Policing organisation. This, together with Plan 2007/08. concerns about budget cuts, is why the Committee determined to offer a far more robust approach to the 2007/08 budget proposals than in previous years.
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8. PEOPLE & PERFORMANCE OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE The Committee’s remit includes all HR Councillors: issues, overview of Wales Programme D M D Clayton (Chairman) for Improvement, e-government, risk J B Attridge (until January 2007) management, monitoring risk issues and D Barratt contributing to policy development within D L Cox the Corporate Strategy Directorate. P J Curtis R C Dodd Some of the topics which have been C A Ellis (until December 2006) considered by the Committee: P G Heesom (from December 2006) Agency Staff Review H T Howorth Complaints, Comments & J Ovens (Vice-Chairman) Compliments M J Peers Consultation and Engagement K W Richardson M G Wright Cross Directorate Co-ordination and Communications A Woolley (co-opted Member for the Council Plan issue of Agency Staff) Funding of Voluntary Bodies HR Policy Development HR Management Information System The Facilitator for this Committee is Bev Improvement and Performance Issues Symonds, whose contact details are as follows: Mobile Office Tel: 01352 702498 Programme for Change Email: [email protected] Sickness Absence/Attendance Management The Chairman and Members of the Supporting People People & Performance Overview & Scrutiny Committee would like to place A topic suggested by a Member on record their appreciation of the Councillor A Woolley suggested that the dedication and skills of their Facilitator, Committee consider the Authority’s use Bev Symonds. Her knowledge and of agency staff. The Committee’s experience of the Authority has proven consideration of this topic, which had to be invaluable. begun in the previous municipal year,
also made a significant impact upon the The Committee Administrator is Committee’s Forward Work Programme Tracy Waters. for 2006/07. At the end of the process,
two Members of the Committee,
together with Councillor Woolley, felt In a people-centred organisation such as unable to support the recommendations a local authority, the remit of a in the Committee’s report and so issued committee which deals with both people a minority report. Both reports were and organisational performance is, considered by the Executive at its inevitably, extensive. This is illustrated meeting on 14 March, where the by the variety of topics which have been majority recommendations were considered. received positively.
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Major tasks of the Committee The Committee believe that the best The Chairman and Vice-Chairman of the way of our dealing with sickness Committee have been actively involved absence and attendance management is with the Facilitator in developing a Work to request the Executive Members and Programme which provides Members Directors to come to our meetings and with the basics of Overview & Scrutiny: explain why there has been an increase, Member generated topics; performance and to detail the initiatives which they and improvement issues; ongoing have put in place to ameliorate these. monitoring and holding the Executive to Whilst Flintshire’s sickness absence account. figures are good compared with the rest of Wales, we all know that they should The major review which was undertaken and could be better. this year is the Use of Agency Staff, a review which we began in 2005/06. This has proved to be a very significant piece of work, and has certainly given us much food for thought and we hope has provided the Directors and other senior officers with the impetus to improve the Authority’s current arrangements.
Performance and Improvement Issues We are both conscious that performance and improvement issues are not everyone’s favourite topics. However, the challenging of Executive Members and their officers on performance of the various services is an essential and integral part of being a successful Overview & Scrutiny Committee. We identify areas where services have either under or over performed, because both can have significant resource implications.
Sickness Absence and Attendance Management The Authority’s target is to have sickness absence of 8 days by 2009. This seemed achievable in the last municipal year, but since then, there has been an increase in the level of sickness absence, although this cannot be applied to all Directorates.
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9. ENVIRONMENT & REGENERATION OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE Some of the topics which have been Councillors: considered by the Committee are as J G Beard (Chairman) follows: P J Curtis ‘Active for Life’: Health, Exercise & R J T Guest Walking in Flintshire P G Heesom Adoption of Local Planning H T Isherwood Guidance Mrs S Jones Arrive Alive and Road Policing Mrs A Minshull Issues N Phillips I R Smith (until September 2006) Bus Services P J Walkden Conservation & Environment T Walker (Vice-Chairman) Service A Woolley Grass cutting on roadside verges Grass cutting on sheltered housing A E Hannah (co-opted Member for the schemes issue of Arrive Alive and Road Policing Improvement Action Plans Issues) Neighbourhood Services (Review of Highway Services) H T Howorth (co-opted Member for the issue of ‘Active for Life’ Health, North Wales Trunk Road Agency Exercise and Walking in Flintshire) Performance Measures for the E&R Directorate Performance Outturns With the retirement of Jan Hoban, our Planning Services Review previous Facilitator, support for the Public Protection Division Committee was originally provided by School Transport (Making the Tracy Davies and Robert Robins. Connections collaborative project) Whilst this shared arrangement TAITH worked well, in practice, Tracy became the Committee’s Facilitator. Tourism Strategy Vehicle Activated Signs Winter Maintenance The Committee Administrator is Working relationship between the Ceri Owen. Authority and the Environment Agency
The Committee’s remit covers A topic suggested by a Member planning, the environment, environmental health, highways & Councillor H T Howorth had requested transportation, regeneration and that the Committee consider the links tourism. between the Rights of Way section and other Council initiatives supporting a healthy lifestyle, and how these might be best co-ordinated. The issue had arisen by way of a letter from a member of the public.
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Reference was made to the Rights of In relation to our built heritage, the Way Improvement Plan (ROWIP) and Committee visited the Northop the consultation process, which conservation area, Flint railway station Members felt was inadequate. It was and the 1915 aircraft hangers at agreed that the Committee would Sealand which were undergoing receive the draft ROWIP and draft refurbishment before being let for Statement of Action at a future commercial purposes. The Committee meeting. also visited Lluesty hospital, the Holywell conservation area and the Major tasks of the Committee former St Winifride’s School development at Pantasaph. Review of Arrive Alive and Road Policing Issues Review of Planning Services Recommendations arising from the Performance within the Planning Committee’s review in April 2006 were function has always been of particular accepted by the Executive and taken interest to Members of the Committee. on board by the North Wales Police. This has been an ongoing Overview & Since then, there has been a number Scrutiny theme, with both the former of articles in the media regarding this Performance and Environment & issue. Further updates will be given to Economic Well-being Overview & the Committee at future meetings to Scrutiny Committees carrying out monitor the progress of this issue. some work.
Review of the Conservation and The Committee recognises the high Environment Service profile which the Development Control During the Autumn of 2006, the function in particular has within the Committee undertook a Review of the local community and the strength of Conservation and Environment feeling which can result out of Services within the Planning Division. particular planning proposals, as Having initially considered written evinced by the amount of public reports, it was soon apparent that to interest at Planning Committees. gain a greater understanding of the Having carried out a major review in issues involved, the Committee would 2005/6, the Committee continues to have to carry out a series of site visits. support progress within the Planning This enabled Members to gain a better Service by monitoring the insight into ecology and biodiversity; implementation of the trees and woodland management; recommendations which it had made. landscape design and appraisal; historic buildings and area Flintshire Tourism Strategy 2007-13 conservation and heritage The Committee’s involvement in the regeneration. The site visits, all of development of the Tourism Strategy which were held on one day, ranged started in March 2006 and extended from general issues such as the use of into the current year. Prior to our Tree Preservation Orders, where the involvement, few Members of the site visit was in Ruthin Road, Mold, to Committee had appreciated just how the more specific: a male, native, black valuable a contribution tourism makes poplar tree outside Northop Hall. to the Flintshire economy, which according to the Scarborough Tourism Economic Activity Monitor in 2005 generated £146.9 of visitor expenditure and 2,193 direct jobs.
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10. COMMUNITY & HOUSING OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE Some of the topics which have been Councillors: considered by the Committee: H D Hutchinson (Chairman) Analysis of Members’ contact with L A Aldridge (from January 2007) the Directorate J B Attridge (Vice-Chairman until Canton Depot January 2007) J C Cattermoul Development of the Forward Work D L Cox Programme A G Diskin Fly Tipping H Gambino Guidelines and clarity in the R G Hampson (Vice-Chairman from Community & Housing Directorate: February 2007) Improvements (Capital) Programme G Hardcastle Homelessness Mrs S Jones T Walker Housing Business Plan W M Warburton Housing Recovery Plan Neighbourhood Wardens P G Heesom and N R Steele-Mortimer Performance Information (co-opted Members for specific Public Sector Housing Allocations reviews) Policy
Select List of Contractors Following the retirement of the Sheltered Housing Scheme Committee’s Facilitator, Jan Hoban, Wardens Isobel Neudorfer was the Committee’s Update on Repairs & Improvements Facilitator until September 2006. She Voids was succeeded by Suzanne Chaloner who assumed her duties in November. A topic suggested by a Member Councillor J B Attridge suggested that The Committee Administrator is now the Committee look into the Ceri Owen, who succeeded Gareth effectiveness of the Anti-Social Roberts on his retirement. Behaviour Unit and how serious issues were being addressed on Council housing estates. A workshop was held The Committee’s remit includes in February which Members found very community and housing services, useful. As a result, Members waste management and disposal, risk requested an additional workshop to issues and policy development within discuss further issues, particularly the Community & Housing Directorate. those relating to the legal and enforcement aspects of tenancy agreements. This is to be scheduled in to the Committee’s Forward Work Programme.
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Major tasks of the Committee New ways of working have been introduced and a new Housing & Fly Tipping Property Maintenance Manager has Concern was expressed at the been appointed. We continue to increase in the number of fly tipping monitor progress at alternate incidents in the County, and a delay in meetings. the appointment of fly tipping supervisors had not helped the Waste Services - Peer Review situation. It was acknowledged that Whilst waste issues have not featured the Environmental Services section as heavily on the Committee’s Work provides a good service and that Programme in 2006/07, this does not Flintshire has more recycling facilities mean that the Committee is any less than any other Welsh Authority. determined to ensure that a viable However, we were concerned to learn approach to Flintshire’s waste issues that despite the heavy costs involved is developed. To this end, we held a in removing fly tipping, the Authority seminar on Waste Services Peer does not currently resource the Review. enforcement or prosecution of fly tipping. This concern was passed on to the Acting Chief Executive and budgetary provision for an Enforcement Officer was agreed for 2007/08.
Housing Business Plan Following the appointment of a housing consultant, it had become apparent that the Council’s Housing Business Plan and Housing Strategy were not up-to-date and fit for purpose. He also ascertained that a Stock Options Appraisal had not been undertaken.
A Joint Working Group was set up with Members from our Committee and Corporate Management Overview & Scrutiny Committee to ensure that progress is maintained on the Housing Business Plan and Stock Options Appraisal.
Update on Repairs & Improvements This issue has featured heavily in the Committee’s Forward Work Programme, following the review carried out in 2005 by the former Policy & Corporate Management Overview & Scrutiny Committee.
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11. LIFELONG LEARNING OVERVIEW & SCRUTINY COMMITTEE
MEMBERS OF THE COMMITTEE Some of the topics which have been Councillors: considered by the Committee: I B Roberts (Chairman) Child & Adolescent Mental Health Mrs D S Banks Service - CAMHS D Barratt (until June 2006) Community Recreation Outreach D Butler (until July 2006) Programme - CROP J C Cattermoul E F Evans (Vice-Chairman) Completion of Personal Education F Gillmore Plans for Looked After Children P G Heesom Exclusions from schools C Legg (from July 2006) Flintshire Arts Strategy Mrs S Jones Improvement Action Plan monitoring N M Matthews Mrs A Minshull Key Stage 2/3 Transition W O Thomas Leisure Centres Review Leisure Services Co-opted: National Assembly for Wales Mr D Hytch Committee Report on School Mr F Marney (until November 2006) Funding in Wales Father A Morrin Performance Outturns Rev M Parry Mrs L Wilson Pupil Attainment Reorganisation of special schools Review of measures taken to reduce and/or prevent arson and vandalism Tracy Davies is the Facilitator for this to Flintshire schools Committee. Review of Post-16 Education
Saltney Library The Committee Administrator for the School Balances last year has been Maureen Potter, School Improvement Service who succeeded Krys Lotoczko on her School Organisation Review early retirement. Sprinkler Systems in Schools
Strategic Plan for Flintshire Youth The scope of the Committee includes & Community Service all education, leisure and youth service The Nursery, Flint Pavilion issues, monitoring risk issues and Youth Offending Team Youth contributing to policy development Justice Plan 2006/07 within Education and Recreation. Young People’s Partnership Action Plan in response to the Estyn Inspection
Young People’s Partnership Delivery
Plan
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Major tasks of the Committee We were concerned that an opportunity be afforded to the parents The Lifelong Learning Overview & of the children at the nursery to submit Scrutiny Committee covers a large an alternative Business Plan, but service area but responds well to the ultimately such an approach proved to challenges with which it has faced. be unsustainable. Each year, we have to identify a number of service areas which would Reorganisation of Special Schools benefit from our support, recognising The Committee endorsed the formal that we do not have the resources to proposals to house two new special cover everything. schools at Ysgol Gwynedd in Flint and Flint High School. The item was The end of March saw the retirement subsequently called in due to a of John Clutton, the Director of perceived lack of consultation in Education & Children's Services & relation to the location of the schools. Recreation. John had made a The Committee was satisfied with the significant contribution to the explanation given and work on the new effectiveness of the Committee by schools will start in summer 2007. working with it for the benefit of his Youth Justice Plan 2006/07 Service. His candour, when answering A Joint Task Group was set up to our questions at Committee, was much consider this issue, comprising appreciated. Members of our Committee and the
Social & Health Committee. A number Exclusions from Schools of recommendations were made by the Although the Committee recognised Task Group, which were then passed the need for staff and pupils to work in back to the two Committees for a safe environment, we were consideration. The recommendations concerned to note an increase in the included a request for more funding use of fixed-term exclusions. We support for the Youth Offending Team acknowledged that a number of and more parenting support. We exclusions for one or two days were noted the positive response from the less detrimental to a pupil’s education Executive to these recommendations. than a small number for a longer period. However, we were pleased to see a decrease in the number of permanent exclusions. We will continue to revisit this issue.
The Nursery, Flint Pavilion The impending closure of the nursery at Flint Pavilion was an issue which was of great concern. Whilst appreciating the benefits to the individual service users, it became apparent that the Authority could not sustain the level of subsidy which the nursery places attracted.
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12. RESPONSES OF THE EXECUTIVE TO FINAL REPORTS
Effective Overview & Scrutiny is about contributing to how the Authority delivers its services. To contribute effectively, it is essential that there is a responsive Executive. It would be difficult to be a critical friend if the Executive was not minded to be friendly. This should be a mutually and inter-dependent relationship, with both parties intent on delivering the best for the people of Flintshire.
When an Overview & Scrutiny Committee issues a final report, it is submitted to the Executive with a covering report from the Head of Overview & Scrutiny. The Executive considers the report, along with a response which has been made by the relevant Director. The purpose of this is intended to make the process more efficient, because the Executive may want to ask a Director whether an Overview & Scrutiny report’s recommendations are viable before deciding whether or not the report will be accepted. At Flintshire, in almost all cases, our reports’ recommendations have been entirely acted upon and this is evidenced in the table below.
Responses of the Executive to Final Committee Reports 2006/07
Date of Committee Report Overview & Executive Response Executive Scrutiny Committee 30/05/06 Review of Planning Environment & All 18 recommendations were Services Regeneration agreed, including suggestions for Overview & reducing the backlog in planning Scrutiny applications and UDP work, the Committee resolution of resource issues within the Service and regular progress reports on the implementation of the recommendations. 30/05/06 Asset Management Corporate Agreed with some of the Review Management recommendations, including the Overview & suggestion that Asset Scrutiny Management Planning come Committee under another Directorate. 01/08/06 Review of Arrive Environment & All recommendations were Alive and Road Regeneration agreed, including a suggested Policing Issues Overview & reduction in the required Scrutiny number/severity of casualties to Committee enable the establishment of a site for a fixed or mobile camera. The recommendations also met with a positive response from the Chief Constable of NW Police.
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Date of Committee Report Overview & Executive Response Executive Scrutiny Committee 21/11/06 Youth Offending Lifelong Agreed with most of the Team Youth Justice Learning and recommendations, including Plan 2006/07 Social & Health request for more funding support for the YOT and more parenting support within Flintshire. 30/01/07 Review of the Environment & Agreed all the recommendations, Environment and Regeneration including suggestion that the Conservation Planning Committee engage in Service site visits to projects to develop Members’ understanding. 14/03/07 Review of the Use People & All recommendations were of Agency Staff Performance agreed, including provision for a monthly monitoring system and a revised guidance note for Directors.
* A Joint Task Group was convened to discuss this issue, comprising three Members from each of the Lifelong Learning and Social & Health Overview & Scrutiny Committees.
We have a number of concerns about the length of time which it takes for reports from Overview & Scrutiny following approval to be included on the Executive Agenda.
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13. CALL IN ARRANGEMENTS
The Authority’s call in arrangements are to be found in Overview & Scrutiny Procedure Rule 16. Arising out of practice, we have an agreed procedure for conducting a call in meeting. Following on from some concerns which had been expressed, the Co-ordinating Committee and the Constitution Forum agreed that there are four possible options for a Committee hearing a call in. These are:
1. The Committee is satisfied with the explanation given. 2. The explanation is accepted but not endorsed by the Committee. 3. The Committee is still concerned and refers the matter back to the decision- making person or body for reconsideration. 4. The Committee is still concerned and refers the matter to full Council.
During the Municipal Year 2006/07, eight call in meetings were held. Details are set out below.
Date of Call In Committee Topic Outcome Meeting 16/08/06 Community & Housing The Committee was satisfied with the Housing Business Plan explanation given. It was agreed that Review the appointed housing consultant be invited to a future Committee meeting to clarify the process prior to submitting information to tenants. 02/10/06 Corporate Unified Benefits That the item be referred back to Management Collection Executive for reconsideration, including representations that the interim measures be implemented and further information on the proposed Action Plan requested. By data sharing between Finance and Community & Housing, this would alleviate the potential for tenants being visited by two sets of bailiffs. 02/10/06 Social & Review of Older That the item be referred back to Health People’s Forum Executive, with the recommendation that the process should move forward by way of the Steering Group. The Executive reaffirmed their original decision.
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Date of Call In Committee Topic Outcome Meeting 24/10/06 Lifelong Reorganisation The Committee was satisfied with the Learning of Special explanation given - that appropriate Schools formal consultation had taken place and the potential sites had proved to be viable by meeting the relevant criteria. 24/10/06 Lifelong The Nursery at The Committee was satisfied with the Learning Flint Pavilion explanation, but asked to be kept informed of progress. Members sought assurance that the business plan submitted by the Parents/User Group receive due consideration and the group be consulted throughout the process. The Executive decision to close the nursery was implemented in March 2007. 05/01/07 Social & Lease of The Committee was satisfied with Health premises to the explanation given - that the relocate Learning Disabilities Service would Learning not incur overspend on charges at Disability the proposed site. The reasons for Provider ruling out alternative sites were also Services given. 23/01/07 Lifelong Saltney Library The Committee was still concerned Learning about the high costs of rebuilding and referred the item back to Executive. It was recommended that the Corporate Asset Management Group include the Town Council in consultations on a replacement permanent library building. This was accepted. 24/01/07 Community & Community The item was referred back to Housing Peripatetic Skip Executive, recommending the Service preparation of a methodology for continuing the service on a controlled basis. It was also agreed that the Community & Housing Directorate engage with Town and Community Councils to develop an alternative scheme. The Committee will be advised when the consultation exercise has been completed and what the intended action will be.
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14. CONCLUSIONS
The 2006/07 municipal year was another busy year for Overview & Scrutiny. A large number and wide range of topics were examined and by doing so, it is believed that Overview & Scrutiny has made a significant contribution to the provision of quality services for the people of Flintshire.
During the period covered by this report, there has been an increase in the number of Overview & Scrutiny Committee meetings and in particular, an increase in the frequency of Executive decisions being called in. Whilst it is believed that Overview & Scrutiny’s input has added value to those Executive decisions called in, it could be argued that there would have been less need for items to be called in if Overview & Scrutiny had been consulted on the proposals at an earlier stage.
During the period covered by this report, the Overview & Scrutiny team had reduced by one post and there is an ongoing need to ensure that the increasing workload and continued development of Overview & Scrutiny receives the dedicated officer support it needs.
111 C:\cadmin\SBTS-789C5E-1.DOC Page 25 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 18
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 06 NOVEMBER 2007 REPORT BY: ACTING DIRECTOR OF ENVIRONMENT & REGENERATION SUBJECT : FOOD SERVICE PLAN 2007/2008
1.00 PURPOSE OF REPORT
1.01 To seek Members’ approval for the Food Service Plan for Flintshire County Council which details the service delivery programme for the period 1st April 2007 to 31st March 2008. This Plan includes a review of the Service Plan 2006 and therefore cannot be finalised until all the statistical data and all other relevant information is compiled and reviewed for the previous year.
2.00 BACKGROUND
2.01 Local Authorities throughout the UK have been directed by the Food Standards Agency to take the necessary action to implement the new Framework Agreement on Local Authority Food Law Enforcement, operational from 1st April 2001. The Framework has been developed to ensure a consistent food law enforcement service throughout the Country.
3.00 CONSIDERATIONS
3.01 The Service Plan, a copy of which is available in each of the Members’ Rooms, has been produced by Officers of the Environmental Health and Trading Standards Departments in line with the model format contained within the Framework Agreement. It outlines the proposals for Service Delivery for the period 1st April 2007 to 31st March 2008, as well as a review of the Service Plan for 2006 with overall performance for 2006-07 shown as Appendix 1 within this report.
Food Safety Law Enforcement is delivered by the Environmental Health Department.
Food and Agricultural Standards Law Enforcement is delivered by the Trading Standards Department.
Since 1st April 2007 both of these Departments are now located in the newly formed Public Protection Division of the Environment and Regeneration Directorate.
3.02 The Service Plan outlines how the Service will be delivered over the coming financial year. This Plan will be backed up by comprehensive documentation and procedures which will be developed to ensure that the Council’s Food
112 Date: 30/10/2008 Flintshire County Council
Law Enforcement activities meet the requirements. The Plan is subject to annual review.
4.00 RECOMMENDATIONS
4.01 That County Council approve the Service Plan for Food Law Enforcement.
5.00 FINANCIAL IMPLICATIONS
5.01 The cost of implementing the agreement on Food Law Enforcement will be met from within Directorate's existing budgets.
6.00 ANTI POVERTY IMPACT
6.01 None.
7.00 ENVIRONMENTAL IMPACT
7.01 All actions within the Service Plan are undertaken so as to have a positive impact on the Environment and improve the quality and way of life for the residents of Flintshire.
8.00 EQUALITIES IMPACT
8.01 None
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REQUIRED
10.01 N/A.
11.00 CONSULTATION UNDERTAKEN
11.01 N/A.
12.00 APPENDICES
12.01 The service performance for 2006/07 is included as Appendix 1 to this report.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
113 Date: 30/10/2008 Flintshire County Council
Framework Agreement on Local Authority Food Law Enforcement
Contact Officer: Alan Lowe Telephone: 01352 703413 E-Mail: [email protected]
114 Date: 30/10/2008 APPENDIX I – PERFORMANCE 2006/07
3. Service Delivery
3.1.1 Programmed Inspection Activity
Food Safety
Risk Programmed Achieved A 10 10 B 75 75 C 386 309 D 147 39 E 19 7 Unrated/Unclassified 36 26 TOTAL 673 466 Approved Premises (not on 14 11 programme) TOTAL Number of Revisits undertaken 391
Trading Standards
Risk Programmed Achieved High 58 53 Medium 253 207 Low 93 8 TOTAL 346 268
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Food Safety number of complaints - 162 % achieved within Target Response time - 95%
Trading Standards number of complaints - 46 % achieved within Target Response Time - 93%
3.3 Home Authority Principle
Food Safety - 24 referrals received Trading Standards - 25 referrals received
3.4 Advice to Business
Food Safety - 212 requests for advice % achieved within Target Response Time - 100%
Trading Standards - 14 requests for business advice % achieved within Target Response Time - 86%
3.5 Food and Feeding Stuffs Inspection and Sampling
Food Safety - 202 samples – statutory and Monitoring
Trading Standards - 121 samples – monitoring
3.6 Control and Investigation of Outbreaks and Food Related Infectious Disease
Food Safety only Sporadic Notifications - 217 Sporadic Outbreaks - 2 (2 outbreaks of Viral Gastroenteritis – not thought to be food related)
3.7 Food Safety Incidents Number of Food Alerts - 59
3.8 Welsh Food Hygiene Award
Number of premises eligible for: Gold 5 Silver 49 Bronze 64
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