Available in Large Print
Meeting: Policy Committee
th Date: Thursday 29 June 2000 Time: 7.00 p.m.
Place: Committee Room 5, Civic Centre, Uxbridge
Committee Administrator: Andrew Nankivell Tel: 01895 277488 Press Enquiries: ...... Roy Mills Tel: 01895 250534 Councillors on the Committee
Conservative Labour Liberal Democrat Douglas Mills Paul Harmsworth (Lead) Stephen Carey (Chairman) Richard Barnes (Vice- Graham Tomlin (Deputy Chairman) Lead) Jonathan Bianco Dalip Chand George Cooper Janet Gardner Philip Corthorne Rod Marshall Mike Heywood Brian Neighbour Maurice Lancaster John Oswell David Payne Peter Ryerson Andrew Retter Michael Usher David Simmonds Anthony Way David Yarrow Marion Way
Substitute Councillors
Josephine Barrett Lynne Allen Jill Rhodes Geoffrey Courtenay Lindsay Bliss Raymond Puddifoot ...... Parmjit Dhanda You are invited to attend the above meeting. The agenda is attached. David Brough Head of Committee Services Smoking is not allowed in the Committee Room Parking is available to the public attending meetings – entrance in High Street, Uxbridge DESPATCH DATE: 22ND JUNE 2000
POLICY COMMITTEE 29TH JUNE 2000
AGENDA
PART 1 – MEMBERS, PUBLIC AND PRESS
1. Apologies for absence 2. To receive the minutes of the meetings held on 27th March and 18th May 2000, copies attached. 3. To receive the minutes of the following Sub-Committees and Working Parties (to be circulated separately) : Best Value Sub-Committee 29th March 2000 Special Pensions Sub-Committee 5th May 2000 Best Value Sub-Committee 15th June 2000 Finance and Asset Management Sub-Committee 20th June 2000 Economic Development / SRB Sub-Committee 21st June 2000
4. Disclosure of ‘Any Other Business’ or urgent items to be considered in public and private 5. Confirmation that all items marked Part 1 will be considered in public and that any items marked Part 2 will be considered in private 6. To note that item 2 falls within the provisions of Section 106 of the Local Government Finance Act 1992 and that any member who is two months or more in arrears with their Council Tax or Community Charge should declare that fact and not vote 7. Report of the officers, copy attached
1 Residents’ Opinion Survey Page 10 2 Implementing and Developing the Three Year Budget Page 15 Strategy 3 Capital Programme Page 34 4 The District Auditor’s Management Letter 1998/99 Page 51 5 The Council’s Corporate Plan Page 61 6 Performance Management Page 79 7 Review of the Council’s Appraisal Scheme (Performance Page 91 and Development Agreement (PADA)) 8 Race Equalities Issues Page 99 9 Prioritised Human Resources Strategy Page 102 10 Governance Arrangements with Health Organisations Page 113 11 Health and Safety Update Page 125 12 Grants Review Process Page 129 13 Sub-Committees – Review of the Decision Making Page 133 Structure 14 Review of the Decision Making Structure - Delegations to Page 149 Officers 15 Modernising the Way We Work Page 181 16 The Community Legal Service Page 191 17 Members’ Allowances and Facilities Page 195 18 Member Liaison Officer – Provision Of Support To Page 207 Members 19 Harlington Community School Site Development Page 211 20 The Future of Barra Hall and The Chestnuts Page 220 21 Parkway Site : Proposals and Future Partnership Page 232 22 Environmental Stewardship Report of the District Auditor Page 241 Review of Value for Money Indicators 23 Barnhill Community High School – PFI Project Page 265
7. Any other business or urgent items in Part 1
PART 2 – PRIVATE, MEMBERS ONLY
8. Any items transferred from Part 1 9. Any other business or urgent items in Part 2 POLICY COMMITTEE
Minutes of meeting held on Monday 27th March 2000 at 7.30 pm at the Civic Centre, Uxbridge ______
Councillor Douglas Mills (Chairman)
Conservative Labour Liberal Democrat Councillors Councillors Councillors
Richard Barnes Iain McIntosh Steve Carey (Vice Chairman) Marion Way Jonathan Bianco Parmjit Dhanda George Cooper Janet Gardner Philip Corthorne Paul Harmsworth *Geoff Courtenay Jim Jonas Catherine Dann Rod Marshall Mike Heywood Brian Neighbour David Payne John Oswell Andrew Retter Peter Ryerson +Scott Seaman-Digby *Graham Tomlin David Yarrow +Anthony Way
Other Members Present: Councillors David Horne, Mo Khursheed and Mike Usher
+Denotes apologies for absence * Denotes substitute member
1. DISTRIBUTION OF REPORTS BETWEEN PUBLIC AND PRIVATE SESSIONS
It was confirmed that all reports would be considered in public.
2. LOCAL GOVERNMENT FINANCE ACT
It was noted that no reports fell within the provisions of Section 106 of the Local Government Finance Act 1992 (requirement for any Councillor who is 2 months or more in arrears with their Council Tax to declare the fact and take no part in the discussion or voting).
3. MINUTES OF SUB-COMMITTEES AND WORKING PARTIES
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 1 The Committee received and noted the minutes of the following Sub- Committees and Working Parties:-
Sub-Committee/Working Party Date
Best Value Sub-Committee 16 February 2000 Pensions Sub-Committee 29 February 2000 Social Justice Sub-Committee 2 March 2000 Whips’ meeting 2 March 2000 Finance and Asset Management Sub-Committee* 7 March 2000 Economic Regeneration/SRB Sub-Committee 9 March 2000 Modernisation of the Council Working Party 14 March 2000
*The recommendation of the Finance and Asset Management Sub-Committee on the making of appropriate bye-laws for the management of the Frays Valley Local Nature Reserve was also approved and adopted.
4. MEMBER INVOLVEMENT IN BEST VALUE AND PERFORMANCE MANAGEMENT
The Committee received a report on the involvement of Members in the Council’s Best Value and Performance Management Programmes. It was noted that the Government believed that locally elected representatives had a key role to play in the Best Value process by reflecting the views and concerns of their constituents.
The Chief Whips asked for a process to be developed for agreeing the participation of Members in Best Value review meetings. In answer to a question the Chief Executive agreed that there was a need for a separate report on performance management across the Council.
RESOLVED
1. That the Committee note the advice from Government on the expected role of Councillors in Best Value.
2. That all Councillors participate in at least one of this year’s Best Value Reviews as set out in the report and the Chief Whips be consulted on the development of a process for their selection and involvement.
3. That Officers organise seminars to discuss performance targets for 2001/2002 for Member input before they are finalised.
4. That Members decide where to formally consider the Best Value reports as part of the overall modernisation decisions for Council business.
5. That Officers have regard to Members Best Value training needs when developing training programmes for Councillors in the year ahead.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 2 6. That all Party Groups be advised of consultation exercises with the public on Best Value and be invited to participate.
7. That Best Value Project Officers develop Intranet update reports for Best Value reviews for Members to access.
5. NATIONAL NON-DOMESTIC RATES – SECTION 11 NOTICE
This report was withdrawn by the officers because of inaccuracies in some of the information and it was noted that there would be a report on the NNDR recovery plan to the Council meeting on 6 April 2000.
6. UPDATE ON THE GREATER LONDON AUTHORITY
The report was noted and the Committee confirmed the need for the Council to continue to prepare and respond to the formation of the Greater London Authority and the creation of the position of Mayor.
(Councillor Richard Barnes declared an interest in this item as a candidate in the forthcoming elections to the London Assembly and took no part in the discussion).
7. THE HUMAN RIGHTS ACT 1998
The Committee received a detailed report on the main provisions of the Human Rights Act 1998, the implications for the Council and the steps which it had to take in order to prepare for the Act.
RESOLVED
1. That the Committee notes the contents of this report.
2. That all Service Directors in conjunction with the Borough Solicitor examine the implications of the Human Rights Act within their service areas and report back to the appropriate Service Committees.
3. That the Council takes the steps outlined in this report in order to prepare for the Act.
8. HEALTH IMPROVEMENT PROGRAMME
Dr Hilary Pickles, Director of Public Health for Hillingdon Health Authority, gave a presentation on the major public health issues which need to be addressed in the Borough. She also outlined the role of the Authority in developing a Health Improvement Programme in collaboration with local partners.
In response to questions she highlighted the connections between high levels of coronary heart disease in Hayes and the Council’s role in tackling related PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 3 issues such as poverty and poor diet. She also answered questions on smoking, screening for tuberculosis, waiting lists and the local use of NHS Direct and offered to supply further more detailed information.
RESOLVED That the Committee endorse the Hillingdon Plan for Health, Well-being and Quality of Life 2000/01 to 2002/03
9. PARTNERSHIP WITH HEALTH – NEW GOVERNANCE ARRANGEMENTS
The Committee was informed of Government initiatives to promote partnership working between health organisations and local councils to include the voluntary sector and the wider public. This would involve new governance arrangements which must be agreed between the participating bodies. Discussions were currently in hand between officers of the Health Authority, the Primary Care Trust, the Voluntary sector and the Council with a view to bringing forward proposals for presentation to this committee in the next cycle of meetings.
Members discussed the importance of ensuring the full involvement of the local voluntary sector in the new arrangements. The Chief Executive undertook to ensure that the issue was pursued.
RESOLVED That the Committee approves the principle of partnership working with other statutory health bodies and the public and endorses the officers’ work to further widen consultation and bring back proposals on governance arrangements to the next Policy Committee.
10. MEMBERS’ ALLOWANCES AND FACILITIES
The Committee received a report on the allocation of the £315,000 additional resources for Members’ allowances which had been approved by the Council at the budget-making meeting on 6/7 March 2000.
It was noted that when the Council had considered the modernisation of the decision-making structure at its meeting on 4 November 1999 it had agreed to review allowances as part of the modernisation process and in the light of the recommendations of the Independent Panel set up by the Association of London Government.
It was also noted that Members had expressed support for increased provision of information technology equipment, secretarial support and training. Current budgets for these items were limited or non-existent.
Officers reported that if the Committee wished to provide allowances for the proposed Cabinet and Scrutiny Committee structure it would have to revoke the current allowances scheme and introduce a replacement. By Government Regulations an amendment could be done at any time but a revocation had to PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 4 be approved before the start of a new financial year. A new scheme had therefore been devised to provide three options for the Council either to continue with the existing Committee system or to move to a Cabinet and Scrutiny Committee set-up or to add Scrutiny Panels to the current system.
In answer to a question it was noted that the Regulations would also prevent the automatic uprating of allowances for inflation as previously agreed by the Council.
In the light of this information and advice the Chairman moved the following recommendations:-
“1. That the following amounts be allocated to each Party Group for facilities and the Corporate Director Corporate Services be authorised to approve expenditure after consultation with the Leader and Chief Whip of each Group:-
Party Allocation 2000/01 (£)
Conservative 36500 Labour 35000 Liberal Democrats 15000
Overall level of allowances
2. That the Committee recognises that Hillingdon’s overall level of allowances continues to be well below the amounts recommended by the Independent Review Panel appointed by the Association of London Government and agrees in principle to the phased introduction of the Panel’s recommendations.
Revocation and replacement of current allowances’ scheme
3. That the current scheme for Members’ allowances be revoked with effect from 1 April 2000 and be replaced by the revised scheme set out in the officers’ report as amended in Appendix A (attached). Basic allowance
4. That the current basic allowance for each Member of the Council be increased from £2470 to £4200 with effect from 1 April 2000.
Special responsibility allowances
5. That provision be made in the scheme for the different options for special responsibility allowances as set out below and that such allowances be paid to Party Groups with a minimum of 5% of the membership of the Council”
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 5 An amendment was moved by Councillor Rod Marshall to replace the recommendations with the following proposals:
‘That for the financial year 2000/0:
1) basic and special responsibility allowances be increased in line with inflation as defined in the Retail Price Index.
2) the allowances scheme be amended to make provision for the payment of special responsibility allowances to the Chairmen of Scrutiny Panels at a level to be determined by the Council.
3) the balance of the additional money be used on Members’ facilities including computers and training’.
The amendment was seconded and after debate it was put to the vote and carried.
Councillor Steve Carey moved a further amendment to delete item 3 and replace it as follows:-
‘3. That the following sums be allocated to Party Groups for facilities:- Party Allocation 2000/01
Conservative £36500 Labour £35000 Liberal Democrats £15000 and the remainder of the additional budget allocation be held back for future discussions and decisions once IT needs are known’.
The amendment was seconded by the Chairman for the purposes of discussion and was put to the vote and lost.
RESOLVED That for the financial year 2000/01:
a) basic and special responsibility allowances be increased in line with inflation as defined in the Retail Price Index.
b) the allowances scheme be amended to make provision for the payment of special responsibility allowances to the Chairmen of Scrutiny Panels at a level to be determined by the Council.
c) the balance of the additional money be used on Members’ facilities including computers and training.
The meeting closed at 10pm
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 6 MEMBERS ALLOWANCES 2000/2001
Part A (Current decision-making structure)
Position Current (£) Proposed (£) Leader of the Administration 10300 13000 Leader of 2nd Party 7210 12000 Leader of 3rd Party 4120 5400 Chief Whip of largest Party 7210 6372 Chief Whip of 2nd Party 4120 4000 Chief Whip of 3rd Party 2060 2060 Deputy Leader of the Administration 3090 6372 Deputy Leader of 2nd Party 2060 4500 Deputy Leader of 3rd Party 1030 1800 Chairmen of Committees appointed by Council 2060 x 5 6372 Chairman Finance/Asset Management Sub-Committee 2060 6372 Chairman Planning Sub-Committees as appointed 360 x 3 2400 2nd Party leads on Committees 1030 x 5 3000 2nd Party lead Finance/Asset Management Sub-Cttee 1030 3000 2nd Party leads Planning Sub-Committees 200 x 3 600 3rd Party leads on Committees 510 x 5 750 3rd Party lead Finance/Asset Management Sub-Cttee 510 750
Part B (Proposed Cabinet and Scrutiny Committee structure – if approved by the Council)
Position Current (£) Proposed (£) Leader of the Administration 10300 15200 Leader of 2nd Party 7210 15200 Leader of 3rd Party 4120 6000 Chief Whip of largest Party 7210 6372 Chief Whip of 2nd Party 4120 6372 Chief Whip of 3rd Party 2060 2210 Deputy Leader of 2nd Party 2060 6372 Deputy Leader of 3rd Party 1030 2210 Member of the Cabinet N/A 6372 Chairman of Scrutiny Committee N/A 6372 Chairman of Executive Committee N/A 6372 Member of Executive Committee N/A 6372 Chairman of Planning Committee 360 x 3 3000 Chairman of Standards Committee N/A 3000 2nd Party leads Planning Committees 200 x 3 750
PART C (Current Committee system plus Scrutiny Committees/Panels as recommended by the Modernisation Working Party on 24 March – if approved by the Council)
As in Part A above plus a payment of £6372 for the Chairman of each Scrutiny Committee/Panel appointed by the Council.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 7 POLICY COMMITTEE
Special Meeting held at the Civic Centre, Uxbridge, on Thursday 18th May 2000 at 9.14pm.
Councillor Douglas Mills (Chairman) Councillor Richard Barnes (Vice-Chairman)
Councillors: Jonathan Bianco Steve Carey Dalip Chand George Cooper Philip Corthorne Janet Gardner Paul Harmsworth Mike Heywood Maurice Lancaster Rod Marshall Brian Neighbour John Oswell David Payne Andrew Retter Peter Ryerson David Simmonds Graham Tomlin Mike Usher Anthony Way Marion Way David Yarrow
1. APPOINTMENT OF CHAIRMAN
RESOLVED - That Councillor Douglas Mills be appointed Chairman.
2. APPOINTMENT OF VICE CHAIRMAN
RESOLVED - That Councillor Richard Barnes be appointed Vice Chairman.
3. APPOINTMENT OF SUB-COMMITTEES
RESOLVED - That the following Sub-Committees and their members be appointed:-
Best Value Sub-Committee
Councillors:- Richard Barnes, Steve Carey, Jim Jonas, Michael Kilbey, Maurice Lancaster, Iain McIntosh, Ali Miraj, Alastair Morrison, Stuart Ouseley.
Substitute members:- Rod Marshall, Andrew Retter.
Social Justice Sub-Committee
Councillors:- Richard Barnes, Janet Gardner, Mo Khursheed, Dipak Patel, Cathy Stocker, Solveig Stone.
Substitute members:-Dave Allam, Josephine Barrett.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 8 Economic Regeneration/SRB Sub-Committee
Councillors:-Dave Allam, Josephine Barrett, David Bishop, Janet Campbell, Parmjit Dhanda, Sandra Jenkins, Alf Langley, Jeanne Smith, Cathy Stocker.
Substitute members:-Paul Harmsworth, Scott Seaman-Digby.
Finance & Asset Management Sub-Comittee
Councillors:- Robert Benson, Jonathan Bianco, Steve Carey, Geoff Courtenay, Parmjit Dhanda, Paul Harmsworth, Ali Miraj, John Morse, Norman Nunn-Price .
Substitute members:-Ray Puddifoot, Jeanne Smith.
Pensions Sub-Committee
Councillors:- Philip Corthorne, Paul Harmsworth, Jim Jonas, Douglas Mills.
Substitute members:- Jonathan Bianco, John Major.
Advisory Members:- Andy Hunt, John Thomas.
4. DELEGATIONS TO BEST VALUE SUB-COMMITTEE
RESOLVED – That approval be given to the revised delegations to the Best Value Sub-Committee as set out in the officers report.
The meeting closed at 9.15pm.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 9 RESIDENTS’ OPINION SURVEY ITEM 1
CONTACT OFFICER: Helen Borich TELEPHONE: 01895 277019
SUMMARY
This report summarises the main findings of the 2000 Residents’ Opinion Survey and compares the results with those from previous years. A summary set of results has already been sent to all Members.
The Market Research Company RSGB, will be making a presentation to this meeting.
RECOMMENDATIONS
1. That the Committee notes the results of the 2000 survey. 2. That the Committee requests that service Committees consider the results of the survey, particularly in Best Value service reviews and in the development of Service Plans. 3. That Departments put into action constructive responses to the issues raised in the survey.
INFORMATION
1.1 For the past six years, the Council has commissioned a market research firm to conduct an opinion survey amongst Hillingdon residents. Interviews were carried out in the street and in residents’ homes during February and March 2000. The total sample of 1004 is representative of the borough’s population by sex, age, housing tenure and ethnic origin.
1.2 The survey has followed a very similar format from year to year. It is also similar to surveys conducted by other London Boroughs enabling useful comparisons of data to be made over time and between Hillingdon and the London average.
1.3 The main subjects covered by this year’s survey were:
· areas of personal concern for Hillingdon residents; · the image of the Council; · satisfaction with services; · refuse collection and recycling; · experience of crime; and · issues around drug/alcohol abuse and NHS usage. (The Health Authority’s Drug Action Team contributed towards the costs of the survey and in return, a number of questions around drug and alcohol abuse were included.) Responses to this section are not included in this report.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 10
Issues of personal concern for Hillingdon residents
1.4 The issues most concerning Hillingdon residents were: i. crime (38% of residents); ii. the level of Council Tax (28%); traffic congestion (28%); iv. the quality of the NHS (27%); and litter (27%).
1.5 The remaining top ten concerns of residents (in descending order) were: vi. provision of services for the elderly (19%); vii. levels of pollution (18%); viii. lack of recreational facilities (17%); ix. lack of jobs (16%) and x. education (14%).
1.6 Rising crime has been the top concern of residents for the past six years. The percentage of residents citing this as their top concern has however, fallen from 49% in 1994 to this year’s figure of (38%).
1.7 Compared to last year’s results, concern about rising prices has increased by 7% and concern about a lack of jobs risen by 5%. Other significant differences include a decrease in concern about traffic levels (-7%), litter (-7%) and the level of Council Tax (-6%).
1.8 In comparison with London generally, Hillingdon residents are more concerned about litter, Council Tax, the lack of recreational facilities and rising prices. They are however, significantly less concerned about the NHS, education, public transport, housing and the numbers of homeless.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 11 The image of the Council
1.9 Compared to last year, there were a number of changes this year to residents’ overall perception of the Council’s image:
· 49% of residents agreed that staff are friendly and polite (-24%); · 46% believe that the Council keeps residents informed (-24%); · 44% believe that the Council is efficient and well run (-18%); and · 40% felt that the Council is difficult to reach by phone (+6%).
1.10 Officers are looking at ways, including undertaking additional research, to tease out some of the reasons behind this significant change in this year’s results.
1.11 These results represent a significant decrease on last year’s particularly good results. On the more positive side:
· 62% of residents felt that the Council does provide value for money (+6%); and · 34% felt that the Council is better than a year ago (+4%).
1.12 Compared to London more generally, Hillingdon residents rated the Council higher on involving residents and doing a good job. However, Hillingdon scored lower on staff being friendly and polite, efficient and well run, keeping residents informed and not doing enough for me.
Satisfaction with services
1.13 Residents were asked their opinion of different local services, including those not provided by the Council. The percentage of residents (although not necessarily service users themselves) giving a good or excellent rating were: i. refuse collection 75%; ii. street lighting 51%; iii. libraries 50%; iv. health service 47%; v. recycling facilities 43%; public transport 43%; vii. parks 39%; viii. collection of council tax 38%; ix. street cleaning 35%; x. leisure/sports 32%; and primary education 32%.
1.14 The lowest levels of satisfaction were with housing benefit, Council housing and Social Services.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 12
1.15 Those services that have shown a significant improvement on last year’s results include:
· roads and pavements (+15%); · parks (+13%); and · street cleaning (+6%).
1.16 Those services that have shown significant decrease on last year’s results include:
· street lighting (-14%); · recycling (-9%); and · libraries (-8%).
1.17 In most areas, the percentage of good/excellent opinions was higher amongst residents who said they actually used the service. For example, 45% of users of parks and open spaces gave the service a good/ excellent rating compared to 39% of residents generally. However, there was a 30% decrease in users of the housing benefit service rating it as good/excellent compared to last year. Similarly, this year there was a 22% decrease in the users of evening classes rating the service as excellent or good.
Refuse collection and recycling
1.18 In this year’s survey we asked some detailed questions about the refuse collection and recycling service using the Best Value Performance Indicators. 86% were very or fairly satisfied with the overall refuse collection service and 84% with the reliability of the service. 61% of residents were satisfied with the overall recycling service and 49% very or fairly happy with the cleanliness and servicing of the recycling site.
Experience of harassment
1.19 In this year’s survey we also asked residents about their experience of harassment. 11% (16% of council tenants) said that in the last 12 months they had been a victim of noise nuisance. 62% of these said that they could identify the perpetrator. 11% of residents said that they had experienced anti- social behaviour and 49% of these could identify the perpetrator.
1.20 9% of those residents who had experienced some sort of harassment sought help from the police and 20% from the Council.
CONCLUSIONS
1.21 Hillingdon residents major concerns continue to be rising crime, traffic congestion and the level of Council Tax.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 13 1.22 The Council’s overall image has declined since last year’s particularly good results. Of most concern is the sharp decline in those agreeing that the councils informs residents and that staff are friendly and polite.
1.23 Significant improvements have been shown in the satisfaction rating for some environmental services, particularly parks, and roads and pavements. There have however, been decreases in the levels of satisfaction with street lighting, recycling and libraries.
Responding to the messages from the Residents Opinion Survey
1.24 The results of the 2000 survey have been widely disseminated to staff. Corporate Directors will respond to the issues relevant to their particular service area in the Service Plans.
LEGAL IMPLICATIONS
1.25 Under the Best Value regime, there is a statutory duty placed on local authorities to consult pursuant to Section 3 of the Local Government Act 1999. Also under Section 5, the Secretary of State may require an authority to consult other best value authorities and commercial and other businesses about the exercise of a function to be included in a best value review. Whilst the findings of the Residents’ Opinion Survey can be taken into account by the Council in the context of Best Value, this will not in itself satisfy the consultation requirement and the Council will have to ensure that any consultation process will have to be conducted in a manner which is in accordance with the requirements of the Local Government Act and Paragraphs 34 and 35 of DETR Circular 10/99.
RESOURCE IMPLICATIONS
1.26 The costs of the Residents’ Opinion Survey for 2000 was £18,000, £2500 of which is funded by the Health Authority. The £15,500 net cost to the Council is funded from a specific budget in Corporate Management that was set up when the Council first commissioned this annual survey.
BACKGROUND DOCUMENTS
Residents Surveys 1995 -2000, London Borough of Hillingdon, BMRB International and RSGB International
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 14 ITEM 2 IMPLEMENTING AND DEVELOPING THE THREE YEAR BUDGET STRATEGY REPORT OF BOROUGH TREASURER
CONTACT: J. Maule TEL: 01895 250 567
SUMMARY
This report updates the Committee on relevant developments in Government proposals; considers the Council’s current and future revenue budget position; and sets out improvements to the budget process to be implemented in the current year. A number of specific issues are also discussed.
RECOMMENDATIONS
1 That the potential impact of the various Government initiatives be noted and officers be instructed to raise the Council’s concerns about excessive direction by central Government in any consultation process.
2 That officers be instructed to undertake a comprehensive review of budgets during the summer as outlined in paragraph 35
3 That the provisional cash limits set out in paragraph 38 be agreed and officers be instructed to report to service Committees in the autumn cycle on the implications in relation to service plans
4 That Members note that the work required on the budget will need to be given high priority by senior officers and this will result in other work being delayed
5 That the principle of adherence to cash limits be re-affirmed and all Committees be instructed: · to find alternative savings where original proposals are not agreed or prove unachievable · to find additional savings or increased income to offset overspending in the current year · not to agree any new revenue spending proposals unless new funding or savings are available to meet the cost
6 That the Best Value targets of 5% savings and 10% improvement in quality be re-affirmed
7 That the Committee resolves not to renew Hillingdon’s membership of the National Local Authority Forum Against Poverty.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 15 A Developments at National Level
The Revenue Grant Distribution Review
2.1 The Government review of the current Local Government Finance Settlement process has reached a stage where a Green Paper is to be produced this year. Not surprisingly, those working on the review have not found it easy to identify an alternative to the Standard Spending Assessment (SSA) system that would meet the original objectives of greater fairness and greater simplicity. Other objectives were to facilitate freedom of manoeuvre by local authorities; to deliver national objectives; and improve accountability and intelligibility.
2.2 It appears that the Green Paper will introduce the prospect of some kind of plan-based element in the allocation of grant. The intention would be to ask authorities for three-year plans, encompassing both service and funding issues. These plans would need to include the authority’s aspirations for government funding and forecast council tax and capital receipts. Possibly each plan would need to be submitted under three scenarios: a set minimum level of Revenue Support Grant (RSG), a set maximum level of RSG and an intermediate position. The content of the plan has not been set out but is likely to follow a standardised format and to require considerable detail if the Department of the Environment, Transport and the Regions (DETR) is to take performance into account. as is suggested. It would have to focus on outputs and outcomes and have regard to local consultation. Probably the plan would have to be updated every other year, in line with the biennial review of Government spending.
2.3 The merits of this are seen to be:
· the scope for responding to needs of individual authorities that cannot be encapsulated in a national grant formula · the opportunity to reward good performance – linking funding to delivery · the scope for the Government to promote national objectives through the funding system · local authorities would get a chance to argue their case before the decision was made · capital and revenue could be brought together · scope to rationalise the plethora of plans and specific grants that exist now
2.4 On the other hand, the concerns are:
· closer Government involvement in local policy issues – national priorities might override local ones · accountability would rest with the Minister · decision-making may not be more transparent · possible issues about equity between authorities · risk of legal challenge
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 16 · whether the Government can really make sensible judgements about each and every local authority’s needs
2.5 It would be necessary for the DETR to consider each authority’s plan, form an initial view about the level of Government funding, then consider the aggregate funding available for local government against the total implied by the consideration of the plans. This would be very labour-intensive and require considerable exercise of judgement. It is likely that the bulk of funding would still be determined by formula, perhaps based on as few as 3 or 4 factors such as population numbers, sparsity/density etc., to minimise the impact of Ministerial judgement.
2.6 Improvement to the current SSA system remains a possible alternative, although little work has been done on this option. If it is resurrected, the issue of Area Cost Adjustment and the arguments that this favours London will undoubtedly be resurrected. As an aside, discussions about Best Value Audit and Inspection Fees have elicited a DETR view that funding for Environmental and Cultural Services is skewed in favour of London and the Metropolitan authorities.
2.7 The Council is part of a group of authorities known as the High Ethnicity Authorities Special Interest Group (HEA SIG). This group was set up in response to concern that the Government was considering removing ethnicity as a factor in the Personal Social Services and Education SSAs. Such a change would reduce London’s total SSA by £134.5m. The group has therefore commissioned work to examine the evidence that the needs of the minority ethnic population lead to increased costs that should be recognised in grant settlements, with the object of convincing the Government to retain the ethnicity factor. The outcome of this work is only likely to be reflected in grant settlements if the plan-based approach is rejected in favour of improvements to the SSA system.
2.8 At a late stage in the process, the Government announced that it was to include a review of schools’ funding in this exercise. This is likely to defer the publication of the Green Paper from July to some time in the autumn. The main objective of this seems to be a wish to find ways of ensuring more uniformity of funding between LEAs, such as the introduction of a minimum level of funding per pupil.
2.9 The Secretary of State for Education and Employment has asked that the following issues be considered:
· The need for a fair entitlement for children at the different stages of education · The need to reduce the current funding disparities across the country · The exploration of forms of ring-fencing for schools · The role of LEAs in relation to their own funding and the distribution of funds to schools.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 17 2.10 While the local government representatives have made it clear that hypothecation or “ring-fencing” of funding for major services is highly undesirable, it is equally clear that central government regards education as a special case, in view of its strong commitment to improvements in standards. The outcome of the review is therefore likely to be formalisation of an approach that will endeavour to ensure that councils comply with the government’s wishes for education funding. How, and when, this would be introduced is uncertain at present. It is understood that nearly all LEAs have satisfied the Department for Education and Employment (DfEE) as regards budgets for 2000/01, so the case for compulsion does not appear to be well- founded.
2.11 This review is at a very early stage but clearly could have implications for the Council’s current policy on schools funding.
2.12 Even if Education is regarded as a special case, the fact that the Government continues to pursue ideas about directing how local authorities should use their resources must be seen as a matter of concern. Local authorities already have relatively limited scope for local discretion and choice because of the extensive requirement of legislation. If the use of overall plans reduces the need for the multiplicity of individual plans and special grants but nevertheless strengthens central government direction, that scope will be limited even more. This would potentially undermine the relevance of community plans with locally determined priorities. If Members agree Recommendation 1, officers will raise concerns about this problem when the Green Paper is published for consultation.
2.13 Any major changes will require legislation. Whether this will be possible in time for implementation in 2002/2003 as originally envisaged is unclear.
2.14 The outcome of the Local Government Settlement is not expected until the end of November or early December. At present it is not clear whether either the review of the SSA system or the outcome of the Comprehensive Spending Review (see below) will be incorporated in the 2001/02 settlement. In any event, the Settlement will reflect changes in the underlying data and the impact of the transfer of certain functions away from local authorities, particularly the switch of Adult and Community Education funding to the Learning and Skills Council.
Review of Capital Financing and Controls
2.15 In parallel with the review of revenue, a Capital Programmes Working Party has been considering how the capital expenditure system could be reformed so that local authorities could more readily adopt capital programmes that were appropriate to local needs. The key to this is seen to be relaxation of detailed controls by central government and their replacement with “Prudential Guidelines” designed to prevent individual local authorities incurring more debt that they can afford to repay. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 18
2.16 It is thought that the DETR see the Single Capital Pot as an approach which needs to be tried before the introduction of prudential guidelines could be considered. Prudential guidelines will rely on authorities exercising sound financial management and being guided by indicators that would help make plain the impact of capital decisions on the revenue account and act as performance measures.
The Comprehensive Spending Review (CSR) 2000
2.17 The Government is currently undertaking the second Comprehensive Spending Review of its own expenditure, covering the period 2001-2004. The outcome is expected in July. It is thought that Education will continue to be a priority. There have been rumours that Health will be a “winner” – if so, there might be knock-on benefits to Social Services. There have also been suggestions that Transport might be more favourably treated in this Review. The Local Government Association has made a submission concentrating on seven cross-cutting themes where there is particular scope for improvement and investment, if additional resources are made available. These are: services for children; transport; the environment; access to local services: capital investment; care for the elderly; and community safety.
B The Council’s Own Budget Position and Forecast
2.18 Work is in progress to close the accounts for 1999/00. Although the full picture is not yet available, there is a clear likelihood that the out-turn will be worse than anticipated. This will affect the level of balances carried forward into the current year. One element of this is the eligibility of certain Social Services clients for housing benefit – it seems likely that a provision will need to be made in the 1999/00 to repay benefits provisionally awarded in that, and prior years. This is in addition to the sums already provided under the previous benefit scheme. Social Services has made strenuous efforts over the past year to mitigate this and it is hoped the out-turn will reflect this. In addition, the cost of Special Educational Needs provision, which had already been identified as a budget pressure, has turned out to be more costly than expected. These two issues will have a continuing effect in the current year. Other variations may be identified and will need to be analysed to establish whether they have ongoing effects. Details of the out-turn will be reported to Committees in the next cycle.
2.19 As part of the 2000/01 budget, a total of £4.8m of savings was required. There is already cause for concern about the full achievement of all these proposals. In particular, the Social Services Committee resolved not to proceed with the closure of the Under 5’s centres, including the one at Willow Tree Lane, which had been approved for closure in the previous year’s budget discussions. The same Committee agreed to consult service users about the proposals for a new charging scheme and the results of this exercise will be reported back to Committee in September when a decision will be sought. The impact of this exercise will reduce proposed savings. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 19
2.20 The pressure on the Mental Health budget arising from a legal judgement that certain clients cannot be charged for care now appears to be a less significant problem than was first thought. The estimated cost of £80,000 is expected to be contained within the Social Services budget.
2.21 The Council’s budget policy (including the decision to make a minimal provision for balances) is fundamentally dependent on adherence to the approved cash limits. As the level of balances will be lower than expected, there is no scope for Committees to exceed their cash limits in the current year, in the expectation that this Committee will agree additional funding. It is therefore recommended that service Committees be reminded of the policy and the need to identify substitute savings if those originally approved will not be implemented or to find further savings to offset expenditure over-spends. No new spending proposal should be submitted to any Committee or Sub- Committee unless the Committee also approves a specific proposal (which must be included in the same report) to fund the cost by reductions elsewhere in that Committee’s controllable budget.
Forecast Budget for 2001/02
2.22 A first update of the forecast is attached as Appendix A. Most of the items were included in previous forecast reports – new ones are explained in the Appendix. The list of potential growth items and potential budget pressures could have been made more extensive but would have resulted in an unrealistically high budget requirement.
2.23 The present forecast shows that, unless corrective action is taken, the Council could be faced with an increase in budget requirement of 7%, leading to an increase in tax of over 10%. This, in part, reflects the “gearing” effect, whereby all expenditure increases above SSA fall directly on the council tax payer. These projections exclude the effect of the precept from the Greater London Authority but that is also potentially subject to the gearing effect. The projection also shows that the 2002/03 increase would exceed inflation without corrective action.
2.24 This year’s increase for the Council’s own spending was 6½%. Significant reductions to the forecast budget requirement will be needed if the Council is to have a lower level of tax increase next year. To give a broad idea of the potential sums involved:
q £3.25m would give a 6% increase (at LBH level) q £4m would give a 5% increase q £4.5m would give a 4% increase
2.25 These figures are likely to increase as additional information becomes available Groups on pressures for 2001/02. If Members have aspirations to fund new projects, the cost of funding them will require the savings target to be increased. In addition, a key factor will be the extent to which central PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 20 government continues its policy of gradually placing more of the cost of local government services on to council tax payers.
2.26 The budget strategy agreed by Council in March implied that there would be around £3m balances available at the end of 2000/01. The indications, at this stage, of the out-turn for 1999/00 is that this £3m figure will be reduced by between £2m - £2.5m. This makes the planned addition to balances as part of the 2001/02 budget of £3m a minimum figure and it may well need to be increased.
Three Year Strategy
2.27 The Principles, agreed by the Committee in 1998, which underpin the Revenue Strategy are attached as Appendix B. These are not yet fully imbedded into the Strategy and further work will be carried out in the current year.
2.28 The main shortcomings of the Strategy agreed last year are:
· The lack of a link with service delivery · There was no opportunity for Members to consider relative priorities among services · It did not make a realistic assumption about use of balances in 1999/00
2.29 The Strategy will need to be reviewed once the Government has issued its Green Paper on local government finance and determined the implications for local government of the CSR. Depending on the timetable for these items, a report will be submitted to this Committee in the Autumn or early in 2001.
2.30 The need to link financial plans to spending plans is a clear expectation of a beacon council. The budget process set out below will move this forward, but fully developed service plans are not likely to be available for all services until 2001/02.
2.31 The Council’s failure to address the need for adequate balances and provisions is a continuing concern that undermines good financial management and must be addressed for that reason.
2.32 The steps outlined below should allow Members some scope to review savings proposals and priorities across services for the 2001/02 budget.
Review of budget process
2.33 In my report to the Committee on 15th February 2000, I said I would report back with proposals to improve the budget decision-making process. Balancing Government priorities with those of local people, while endeavouring to have an acceptable level of council tax is an increasingly difficult task. Efficiency and savings measures put in place in previous years PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 21 make it inevitable that unpalatable options will have to be considered as part of the budget process. An effective budget setting process that gives members detailed information at an early stage would avoid adding to the difficulties of decision-making and would allow greater scope for consideration of priorities.
2.34 The shortcomings identified in last year’s process are:
· There was no formal link between budgets and service plans · There was no mechanism for Members to consider priorities among services or individual proposals · The proposals focused on services more than processes and culture · Committees did not get all the savings proposals before Council · Too many decisions were left to the last minute (i.e. tax-fixing Council) · Last-minute decisions make it difficult to provide full information · Council is not a suitable meeting for detailed discussions of proposals · Some proposals had not worked up fully, leading to delay in implementation
2.35 To address these issues, Management Board has agreed the following procedure for next year’s budget: i) All services will review their activities in the context of the Council’s programme and their own service programme. This will need to identify any non-statutory services, services where the standard is higher than statutory minimum and services that are not a priority. It will also include for the major spending areas, what the key Performance Indicators and unit costs are, to illustrate issues of service efficiency. ii) Services to identify areas where their own experience suggests that a step-change in provision, or other actions, would produce savings or minimise the need for additional expenditure – this may require changes in structure, changes in working arrangements etc. Some may not be deliverable in the short-term but as the need for efficiency improvements will not reduce, the sooner they are begun the earlier the benefits can be achieved. iii) An inter-departmental team of senior officers will review the results of the above process: to validate that it is robust, consistent and comprehensive; to identify any cross-service issues that may warrant further investigation: and to recommend procedures to ensure delivery, particularly where the issues have a corporate impact and may need to be given priority over other work.
2.36 The timetable agreed by Board means that all this work should be completed by August. This should allow Members to start considering proposals in the autumn cycle. A training seminar will be offered to Members,
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Policy Committee – 29 June 2000 Page 22 to provide general background information on the budget-making process and ensure that the national context and constraints are understood.
2.37 The information requested from Groups will allow proposals to be set in the context of service plans, taking account of existing proposals under the Three Year Strategy and any longer term service considerations such as Government plans. This would be consistent with the improvements to the Council’s planning and performance management arrangements set out elsewhere on this agenda.
2.38 In order to give Corporate Directors some guidance on the scale of proposals required, it is recommended that this Committee agrees Provisional Cash Limits for 2001/02 at this stage. These are based on this year’s cash limits, unavoidable pressures (i.e. those imposed externally) and the need to restore balances less an adjustment to reduce the overall budget requirement. At these limits, Members should have some scope for choice – both among various proposals and about the level of Council tax and still allow for the level of Council tax increase to be less than this year’s.
Provisional Committee Cash £ Limits
Education, Youth and Leisure 137,485,430 Environmental Services 32,725,420 Housing (General Fund) 6,979,150 Policy 14,388,950 Social Services 57,891,160
2.39 These are demanding targets, particularly on top of the savings of over £2m already approved as part of the Three Year Strategy, and Members will be faced with difficult choices. This will be exacerbated if Government decisions are adverse or significant new spending pressures emerge or if Members wished to alter the balance of spend between Committees significantly. It is hoped that the budget review exercise will provide the basis on which Members can review the position if this becomes necessary.
2.40 These provisional limits can be reviewed by the Committee later in the year, taking account of updated information in the forecast as it becomes available, and the outcome of the budget review exercise. At that stage, it will be possible for Members to realign the budget between services to reflect current priorities. The timing of any public consultation will be dependent on the Council’s ability to put forward meaningful options.
2.41 The intention should be that Policy Committee in February 2001 will make a firm recommendation to Council on the level of the Council’s own PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 23 budget, leaving the Council meeting to take decisions only on the overall level of Council tax. The 2001/2 budget will be the first to be set under the new arrangements for the Greater London Authority and how this will affect the precept is unknown.
Capping
2.42 No authorities have been selected for capping this year and it would appear that none have received “warning” letters either. This strongly suggests that the Council need not be concerned about the possibility of capping in 2001/02, as long as its increases in budget and tax are reasonable.
2.43 Nationally the average Band D increase in 2000/01 was 6.1%, giving a charge of £847. This compares with the Council’s overall increase of 7.9% and Band D tax of £824.11. The average Band D figure in London is £778.
C Specific issues
Education funding
2.44 The provisional cash limit for Education, Youth and Leisure includes a large increase in budget to reflect expected growth in Government funding, although the cost will not be fully covered by RSG. It does not necessarily protect the Education budget from the need to identify savings as part of the overall exercise. To do so would pre-empt Member consideration of relative priorities between services. In the current year, the total education budget is below SSA and the provisional cash limit is more likely to widen the gap than reduce it. Closing this gap in relation to the Schools SSA could cost at least £0.7m on the basis of the current position and this would have serious implications for the budgets of other services or the level of council tax, or both.
2.45 It is not recommended that the Committee attempts to form a view on the overall level of Education/School funding at present, as the picture will become clearer later in the year, after the Green Paper is published, when the implications of the initial cash limits have been considered and when the provisional SSA figures are issued. Indeed, it is possible that Council may have little choice under new rules or expectations. The overall picture on Education SSA will also be affected by the transfer of funding to the Learning and Skills Council.
Unaccompanied Asylum-Seeking Children (UASC) Grant
2.46 The grant levels approved for 1999/2000 were significantly improved very late in the year. There was no indication whether the same grants would be available in 2000/01. The Council’s decision did not incorporate the full value of the higher grants, but did assume that the payment in 2000/01 would be worth £1.2m more than the 1999/00 original rates. There is potential for the grant to be up to £1m higher than this assumption (based on current PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 24 estimates of numbers and costs) and this is not currently reflected in the Council’s overall budget. Within the current funding, £840k was generated within the Social Services cash limit in 1998/99 and the Corporate Director of Social Services would wish to be able to return that funding to other Social Services functions.
2.47 In view of the fact that the Council has already provided for the cost of services to UASC, there is no technical requirement for the benefit of the additional grant to be allocated to Social Services. However, the Corporate Director: Social Services has identified the following issues that will need resources to be allocated:
· “The department was hugely criticised by the SS Inspectorate and since then has had to make significant changes and improvements to the way it operates. This process is well underway and the more recent return inspection of the Children’s service highlighted these improvements, implying we were moving in the right direction but that there was still a long way to go. This summer the SSI are back again, this time to look at Older People’s services.
· “The department is failing to meet Registration & Inspection standards within Children’s and Adults’ homes, both in terms of the accommodation and staffing levels and under the powers in the Care Bills is under threat of having them closed down. Older Persons homes were under the same constant threat, hence their externalisation. The limited resources available are being aimed at these homes and the additional capital resources sought in the Capital Programme report will enable the preliminary work on the Children’s homes to be finished. Attempts have been made to address the staffing levels and issues in the budget, providing suitable levels and addressing, in part, the need for absence cover.
· “Whilst taking the above into account, it is important to remember that although the department is currently funded over SSA in total, although under for Older Persons’ Services (an issue of concern for the SSI), it is one of the lowest spending authorities in London in a number of areas; Mental Health, Physical Disability and Older Persons’ services.
· “The department has delivered substantial reductions in its budget and has the added pressures of outstanding asylum seekers grants and Housing Benefit Income still undecided.
· “If there are additional grant monies forthcoming via the Unaccompanied Asylum Seeking Children grant, then it would be the Government’s expectation that this would be re-directed back to Social Services, to continue the hard work already being put into turning the service around and to make provision against the outstanding Housing Benefit income.”
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 25 2.48 A survey of London Boroughs has found that in 1999/2000, 29 authorities were spending over their Social Services SSA. This strongly suggests that the SSA is an inadequate measure of need to spend but has not prevented the Department of Health from seeking cuts in expenditure. It is also understood that the Government expects authorities spending more than SSA to have upper quartile performance i.e. to be in the top 25%. Of the 17 Outer London boroughs in this group, only three have a larger gap between SSA and expenditure than Hillingdon.
2.49 In the context of the overall budget, the Three Year Strategy implies that Social Services’ proportion of the Council’s total spend will remain constant. As Members are aware, the level of the total budget taken by schools and the impact of passporting SSA increases to them, means that savings are concentrated on other areas of the Council service.
2.50 At the time of writing the authority has not received notification of the grant levels to be used in 2000/01, although the Corporate Director is optimistic that the Government is sympathetic to the particular pressures in Hillingdon and will reflect this in grant funding. Until definite information is available, nothing must be done to assume that full funding will be received.
2.51 In the current year, the Council is already facing the prospect of near- exhaustion of its balances. If any further budget pressures emerge during the year, there will be a need to take action to avoid a deficit. Social Services could not be exempt from any such action. Retention of any further funding for asylum seekers in balances could be crucial in avoiding emergency budget measures in the current year.
Best Value Reviews and the 5% target
2.52 The Council’s policy for the Best Value review programme is to target the achievement of 10% improvement in quality and 5% saving in costs for all Council services. As agreed by this Committee previously, the savings policy has been incorporated into budget forecasts by the inclusion of a 5% saving in the year following that of each review. The timing of individual reviews is determined by the Best Value Sub-Committee, which keeps the programme under review.
2.53 In practice, this policy has lead to some confusion about what is required of each individual review. For practical reasons, and to give focus to the review work, each review starts with a presumption that it will achieve a 5% saving, so that the overall target can be achieved. Because the savings are built into budget plans, any failure to achieve this saving would lead to a budget problem.
2.54 However, where the relevant Corporate Director feels that the saving cannot be achieved (or not in a manner consistent with Best Value), there is some flexibility in that the Corporate Director can make an alternative saving,
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 26 in another service. In practice, this may prove difficult to achieve, particularly in the light of other savings exercises in hand.
2.55 As a example of the difficulties, the review of Parks and Open has revealed that the borough spends 66% per hectare below the Outer London adjusted average. An additional £3m per annum in revenue funding would be needed to reach the mid spending level. No scope for efficiency savings has been identified and the Corporate Director is unable to make an equivalent saving elsewhere without reducing front-line services. The only option for realising the £78k saving is in reducing the amount of work carried out in parks, which is, however, incompatible with the public’s aspirations. It is proposed to reduce the annual sum of £135k allocated for variation orders for non-scheduled works i.e., additional works to the Grounds Maintenance contract. These works include additional cuts to grass and hedges, replacement shrub planting, urgent fly tipping clearance, tree works, footpath and fence repairs, ground reinstatement (e.g. following tyre damage) and ditch clearance, which may result in flooding.
2.56 The Management Board has considered the experience of the first year in reviewing the operation of the savings target. Despite the “rough and ready” nature of the current approach, a clear target is seen to encourage serious consideration of options for change. It must also be acknowledged that the Best Value Savings form a significant part of the Three Year Budget Strategy – if efficiency savings cannot be achieved through best value reviews, the equivalent sum will need to be saved by other means. Management Board accordingly recommends that the Committee re-affirms the existing policy.
2.57 Members should note that the Government has set a target of 2% “efficiency” improvements, year on year. If efficiency is equated solely with savings, this is a more demanding target than the Council has set itself. If it is deemed to include the quality aspects as well, it is less clear what savings the Government might expect to see. However, it is clear from Ministerial comments that savings are expected to emerge from Best Value reviews.
2.58 A complication arises from the interaction between Best Value savings in Education services (outside the Schools budget) and the Government’s expectations on passporting. Under the Three Year Strategy, Best Value savings contribute to the overall budget position. Under the current policy, the value of the growth in SSA that is passported will be reduced by the value of the savings. This will need to be taken account of in future considerations of the Council’s policy on Education funding.
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Policy Committee – 29 June 2000 Page 27 Corporate Initiatives
2.59 Elsewhere in this agenda there are various reports on work that needs to be progressed on certain critical corporate themes, particularly in respect of performance management, the Council's corporate planning processes and the implementation of a human resources strategy. In part these programmes, as priorities set by the Council, will be achieved through redirecting existing resources and programmes. However, to deliver them effectively and on time will involve additional costs that cannot be contained within existing budgets. Some provision (£200K) is made in the forecast for these pressures, and a small provision of £50K has been included in this year's budget.
2.60 In a number of cases the general need to make adequate provision to ensure these priorities are achievable is evident. However, it is not possible in all cases to give precise estimates of cost, but rather suggest an order of provision subject to detailed reports at a later stage.
2.61 Examples of known pressures that will arise from the corporate initiatives:
· Performance Management - implementation of the system will require investment in training for staff, for a corporate database system to monitor and manage performance information, to extend and develop project management. A provision of £100K is recommended.
· Corporate Plan Processes - no central provision exists to resource the costs of setting up a team by secondment in future years. No provision exists for the development of a corporate plan or a community plan, which is likely to become a statutory responsibility. There will be cost implications of developing an effective programme of local community engagement (events, promotions, publicity, etc) and similarly of engaging with key partners on a regular basis. Indicative costs of £100K p.a.
· Human Resources Strategy - cost identified in the report to this committee at its previous meeting and the implementation arrangements as elsewhere on this agenda, with associated costs of up to £75K.
· Staff Involvement - specific provision to enable a Council wide staff survey with an estimated cost of £30K. Investigations are in hand to contain or reduce this cost by the use of existing in-house expertise to design and analyse survey information.
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Policy Committee – 29 June 2000 Page 28 Membership of the National Local Authority Forum Against Poverty
2.62 The National Local Authority Forum Against Poverty works in the field of anti-poverty and social justice. Councillor Cathy Stocker represents the Council on the Forum.
2.63 The invoice for renewal of the Council’s membership has recently been received and it is an opportune time to decide whether representation should be continued. The annual cost is £2480 and this is met from the corporate Subscriptions budget.
2.64 During the past year we have not received much value from our membership of this organisation. Few resources have been committed to the issue of anti-poverty and there have been no tangible results from our membership of the Forum. It is therefore recommended that the Council’s membership should cease.
COMMENTS OF THE BOROUGH SOLICITOR
2.65 The Borough Treasurer is required by Section 151 of the Local Government Act 1972 and by the Accounts and Audit Regulations 1996 to ensure that the Council's budgeting, financial management and accounting practices meet relevant statutory and professional requirements. These include the requirement to ensure that the Council complies with the duty placed upon it by the Local Government and Housing Act 1989 to maintain its accounts in accordance with proper practices as defined by the Code of Practice on local authority accounting issued by the Chartered Institute of Public Finance and Accountancy.
SECTION 106
2.66 This report is covered by Section 106 of the Local Government Finance Act 1992 and any Members two or more months in arrears with their Council Tax payments should declare that fact and not vote.
BACKGROUND DOCUMENTS: Working papers ALG/LGA circulars on the revenue of local government finance LGA circular 382/00 Spending Review 2000
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 29 Appendix A
2000/01 2001/02 2002/03 £m £m £m Base Budget 215.478 221.438 228.413 Inflation 5.960 6.975 6.852 221.438 228.413 235.266 Savings already agreed -2.455 -1.627 Education Schools – growth & 2ndry nos. 3.940 3.980 Schools - rising fives 0.842 1.554 Social Services Demographic changes 2.066 3.511 Concessionary Fares re-issuing 0.100 0.000 Comm/Support/Mgt /IT 0.200 0.200 Various specific grants - income -2.006 -1.806 Environment Parking – loss of income on sale 0.860 0.860 Refuse (incl West Waste) 0.250 0.400 Other Magistrates Court Service levy 0.400 0.400 Modernisation - consultation 0.100 0.100 Members/Elections 0.285 0.585 Employer’s pension contribution 0.600 1.000 Insurance provision 0.200 0.200 Best Value Inspection 0.150 0.150 Communications 0.060 0.060 Central Financing -0.100 -0.200 Harmonisation 0.750 1.000 Corporate Initiatives 0.200 0.200 IT/IS 0.250 0.500 CCTV 0.050 0.050 Rating revaluation 0.150 0.250 Balances 1.235 3.000 2.000 Net Expenditure 222.673 238.305 248.633 % Incr In Budget Requirement 5.2% 7.0% 4.3% SSA 216.959 229.032 239.616 AEF (= RSG + NNDR) 157.846 166.773 174.863 Council Tax Funded 64.827 71.532 73.769 Taxbase 93,309 93,400 93,400 C/Tax subsidy limitation £3.09 £11.96 £8.97 C/Fund adjustments £3.27 £0.00 £0.00 LBH Council Tax (Band D) £701.13 £777.83 £798.79 % Increase 6.5% 10.9% 2.7%
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Policy Committee – 29 June 2000 Page 30 New Items in the Forecast
The Courts Service in London is being reorganised. The main issue to be resolved is the allocation of the levy. A programme of consultation by the Lord Chancellor’s Department is awaited; in the meantime, provision for additional costs has been made in the Forecast, as the Council will have no alternative but to meet any increases.
Under the legislation which will introduce new structures for Councils, there will be an obligation to consult the public on options for Hillingdon and then on the particular measure preferred by the Council. These exercises will need to be sufficiently thorough, comprehensive and widespread to comply with the legal requirements. The timing of this will depend on the progress of the legislation through Parliament and it may be necessary to carry out some work in the current financial year, if the Bill receives Royal Assent before the summer recess.
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Policy Committee – 29 June 2000 Page 31 Appendix B
Budget Strategy Principles
1. Expenditure must be matched to Income q SSA should be seen as the determinant of “income” for the whole General Fund budget, to which expenditure should be matched. Expenditure materially above SSA will produce significant increases in Council Tax and/or capping. q Changes in individual service components of the SSA which reflect changing Government priorities will be taken into account.
2. Balances are a Vital Element of a Strategy q Balances must be seen as a necessary and beneficial feature of the budget. A reasonable level of balances allows for:
· exceptional or unforeseen additional demands or expenditure, to be absorbed in the short term whilst the overall medium term strategy is adjusted if necessary. They thus minimise disruption to the organisation’s plans, acting as a financial buffer.
· pump priming of new initiatives which are then to be built into future year’s budgets. They avoid the need to identify one off savings that may be counter productive to efficient service delivery.
· Where savings agreed will be delivering part year effects balances can provide a one “topping up” of savings q A build up of balances to a reasonable level is consistent with Government financial policy, and DETR when assessing an authority’s performance will consider the level of balances to be an indicator of managerial competence. The Audit Commission is proposing a national indicator on balances.
3. Best Value is an essential approach to meeting the largest possible number of community needs within available resources q Best Value must be part of the organisation’s state of mind. It must be seem as a continual process, not one that ends if Beacon status is achieved or once a balanced budget is forecast. q Community demands will always exceed resources, expectations and demands cannot always be managed downward given the number of statutory demand led services provided by local authorities.
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Policy Committee – 29 June 2000 Page 32 q Best value implies a performance management culture
4. Forecasting is crucial to budgeting q Forecasting is vital to any multi-year budget strategy. Forecasting should make the best use of all available information within the Council. It is not just a financial activity. Forecasting is an interactive process, and must be continually reviewed. q Forecasting indicates where we will be, based on various assumptions. Corporate decision making can determine which forecast(s) are most realistic. Budget strategies covering more than one year can be followed in the light of chosen forecasts. q The assumptions in forecasts need to be clearly understood by the organisation’s decision-makers. q Where forecast assumptions are then built into a year’s budget they must be clear so that they can be reviewed in the light of actual experience, and lessons learned.
5. Income Generation is important to any strategy q Hillingdon is a relatively affluent authority where most people can afford to pay for services, and will pay if they are of a high quality. q Subsidies and waivers should be targeted and their purpose clearly understood
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 33 CAPITAL PROGRAMME ITEM 3
CONTACT OFFICERS: Amanda Kelly – (01895) 253559 Jim Burness - (01895) 250111 Tony Butler - (01895) 250111
SUMMARY
This report updates Members on the Capital Investment Strategy and Capital Programme. Specifically it:
Informs Members of both the provisional Capital Outturn for 1999/2000 (detailed outturn will be reported to the Committee in the next cycle) and the revised resource projections for the current year.
Reviews the impact of the above, as current y known, on this and future years capital programmes and suggests a course of action that Members could take.
Provides details of the latest developments in regards to the implementation of the Single Capital Pot.
RECOMMENDATIONS
The Committee is recommended to:
I. Agree to allocate an additional £500k of resources to the Civic Centre Re-cabling project to be phased in 2001/2002.
II. Agree to allocate an additional £90k of resources to the Refurbishment of Children’s Home in 2000/2001.
III. Agree to allocate an additional £455k in the current year to the following schemes:
· Heathrow Primary – New Classrooms - £150k · Queensmead Sports Centre - £150k · Leisure Ticketing System - £ 55k · CIT Developments - £100k
IV. To consider any further allocations mindful of the officer advice in the report about an upper limit see paragraph 11.
V. Instruct the Corporate Director of Corporate Services within their delegated responsibilities for the programme to take any additional action to adjust the programme which allows the forward re-phasing of already approved expenditure should this reduce the impact of RTIA in future years.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 34 VI. Instruct Officers to report back to this Committee should an opportunity to:
· Purchase land or buildings where it would assist service restructuring or key partnerships (e.g. Health)
· Support the agreed programme of necessary affordable housing aimed at reducing the costs to the General Fund of temporary housing whilst meeting the need to have sustainable mixed tenure communities.
Subject to a guarantee that resources equal to the purchase value will be released to support general expenditure within the programmes from the services utilising these in future years.
VII. Note officers will be submitting a summary Capital Investment Strategy to the DETR as part of the dry run for the Single Capital Pot as explained in paragraphs 18 to 19 of the report.
VIII. Agree to receive a further report on the initial Asset Management Plan in the autumn prior to submission to DETR.
INFORMATION
Overview
Provisional Capital Outturn 1999/2000
3.1 A provisional outturn position in regards to the 1999/2000 Capital Programme has been produced. At present this identifies the overall variations between budgeted expenditure and final outturn. A summary position is set down in the Table below. Currently officers are in the process of analysing the reasons for the variances in expenditure in individual schemes and identifying how these will impact on the 2000/2001 Capital Programme. It is likely however that the majority of the overall variation will be attributable to slippage within the programme. A detailed report on overall outturn will be made to this Committee in the autumn and Service Committees will receive detailed outturn reports at that time. It is possible there will be some changes in the final reported figures but these will not affect materially the overall position.
Table – Provisional Outturn Summary Item Amount £k Programme as Report to Policy Committee on February 15th 40,551 Monitoring Changes since the Preparation of that Report (5,552) Revised Final Budget 35,029 Outturn Expenditure1999/2000 32,160 Variation against Budget (Reasons & Impact currently being (2,869) review by Groups) PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 35 3.2 The variations in anticipated spend both prior to the end of March and identified at outturn will lead to an increase in the level of usable capital receipts carried forward at the end of the year. Officers have taken steps where possible by either delaying the receipt of resources or in financing the programme to offset these effects to some extent, but these will not be able offset an overall rise in capital receipts carried forward. This increase will have an adverse effect on the resources available to the Council in 2001/2002 through the reduction of Basic Credit Approval (BCA) as a result of an increased level of Receipts Taken into Account (RTIA).
The Current Years Capital Programme
3.3 At present the current years programme is considered to be on track. However two areas which have been identified which require further consideration:
· Civic Centre Re-cabling: The original budget for this scheme was £700k. It has now been identified that whilst this would provide a solution it will not provide a sustainable solution in the medium term. A revised scheme has been worked up that will provide resilience and sustainability for the IT infrastructure necessary to support the developing of the Council’s IT Strategy. The proposals also pick up all related building issues associated with the project. It is therefore necessary to increase the costs of the scheme to £1,200k with the additional funding of £500k programmed initially in 2001/2002.
· Refurbishment of Children’s Homes: It has been identified that the current overall provision of £750k to carry this work will not fully meet the requirement of R&I. An additional £90k will be needed to ensure that the refurbished homes will satisfy the R&I requirement.
Resource Projections 2000/2001
3.4 The Council now anticipates that it will exceed its Capital Receipts targets for 2000/2001 by circa £5m and by a further £2.7m in 2001/2002 (see Appendix A1). This will have the same effect as slippage in increasing usable resources carried forward and the consequential impact on future years BCA via RTIA. The position is unavoidable and has arose a result of the current trend in high market values as has been witnessed by the disposal of Mountbatten House and the fact that a number of high value site have come to the point of disposal in the current year.
3.5 Officers have reviewed the current programme from the viewpoint of delaying the disposal of certain sites have taken action where possible to reduce the level of receipts. This has not been possible in regards to a number of sites given the stage of negotiations reached, to defer such disposals would potentially undermine the Council reputation as a vendor
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 36 within the market in the future. The action officers have been able to take are reflected in the figures in Appendix A1.
Implications of Provisional Outturn & Resource Projections on the Medium Term Capital Programme
3.6 The implications of both the Provisional Outturn and Resource Projections are to reduce resources available to the Council in future years through the interaction of carried forward receipts on future BCA’s. This is illustrated in the Appendix A2 which also incorporates the work referred to in the February Policy Committee report around the modelling of RTIA effects on the programme.
3.7 Appendix A2 presents illustrative figures, as there are several factors outside the Council’s control which effect RTIA, which cannot be estimated with any certainty. The two main ones are the individual levels of capital receipts either carried forward or generated in years by each individual council in England and the total level of RTIA set by Central Government. However from the Council’s past experience of the RTIA system it appears certain that the increase in Capital Receipts will increase RTIA with a consequent loss of future BCA.
3.8 The Council therefore needs to consider what approach it is to take in regards to this issue. Potentially several options exist that it could consider. In considering such options the Council will need to have foremost in it’s the thinking the importance of ensuring that any decisions taken are consistent with the CIS and medium term revenue strategy. In respect any decisions will need to take account of: a) The fact that the planned five-year medium term capital programme approved by this Committee in February showed an overall deficit of £9,628k. b) The need for some of the additional receipts in 2000/2001 to be utilised to meet expected future demands on the programme and to cover the loss of resources anticipated to be received from Central Government as a result of the expected increase in RTIA.
3.9 The options available to the Council in addressing this issue would appear to be:
1. Do nothing and absorb the effects of increased RTIA into future plans.
2. Attempt to lessen the impact of RTIA on future year’s resources by reducing the level of Capital Receipts. Here the options would be:
I. To seek a solution whereby expenditure which was planned to be undertaken in future years is brought forward into the current year so as to equalise expenditure and resources. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 37 II. To utilise the additional receipts in year to purchase land or buildings where this would be consistent with asset management strategy or other strategies of the Council, and if appropriate sites arose.
III. To undertake limited additional expenditure in the current year that is consistent with the CIS and which takes full account of the points made in paragraph x above.
3.10 Officers have undertaken an exercise to review the possibilities that exist around the options above. This has indicated that in respect of:
Option 1 – That this guarantee’s certainty and would be pursued if no appropriate proposals for expenditure under Option 2 were identified.
Option 2 (I) – That this would ideally present the best option. However whilst this is a goal which the development of both the CIS and the management of the Capital Programme should aim for it is not practical at this stage of the evolution of this new approach to fully cover the increase in receipts.
Option 2 (II) – This presents an alternative but at the current time the Council has not clearly defined any need for new land or buildings. In addition there must clearly be a concern in regards to pure speculative investment given the possible future variations in land values. However this option would be very effective and should not be rejected out of hand. As such officers suggest that this option remain open should an appropriate opportunity be identified during the year.
In this area the potential possibilities could include:
A. Meeting the Council's agreed strategic housing objectives by working in partnership with Housing Associations to provide necessary affordable housing. Any proposals would be subject to the normal Planning and Housing Committee approvals. Any housing developed would be mixed tenure with an emphasis on housing for the elderly or with special needs, and with the aim of freeing up under-occupied Council housing for those in costly temporary accommodation. These objectives clearly place the strategy in line with the Green Paper on housing whilst also respecting the borough's concerns about having sustainable communities. However this would be reliant on the Housing Programme being able to release resources back from their allocations in future years. This is currently being investigated but is affected by the uncertainties that exist around the introduction of the Major Repairs Allowance (MRA) to the HRA in 2001/2002. It is expected that the MRA will be funded by Central Government by a reduction in Housing ACG. This would PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 38 in turn reduce the resources available to support both the Housing Association Programme and Home Improvement Grants. Therefore until the Housing Programme can be certain that resources applied in this manner can be returned in later years for general allocation it would not be proposed to follow this route.
B. The purchase of land or buildings to support for example it’s developing partnerships with Health.
Option 2 (III) – Consideration of carrying out limited additional expenditure in the current year consistent with the CIS would reduce the impact of RTIA in 2002/2003. As such it is a reasonable approach to adopt. However in doing so it will be important to ensure that full consideration is given to the points made in paragraph 8. above particularly in respect of point b) of that paragraph
3.11 Appendix A2 would indicate that the likely cost of RTIA over the two years 2001/2002 and 2002/2003 in terms of reduced BCA allocations is £4,400k. If this is deducted from the additional £5,000k anticipated to be achieved this year £600k is left which could be used applied this year without worsening future years position. Therefore Members could allocate additional resources in the order of £600k to be spent in the current year if they thought there were schemes of sufficient merit.
3.12 The overall position of the medium term programme is summarised in Appendix A3 and has included the requests for additional resources in regards to the Civic Centre Re-cabling and Children’s Home Refurbishment so as to give a complete picture the present position taking account of these pressures.
3.13 Officers have identified a number of possible options to defray additional expenditure should Members wish to progress. These are listed in Appendix B of the report. The schemes are both consistent with the CIS, but also offer expenditure in areas where there is a clear linkage to either invest to save or service improvement.
3.14 It would be suggested that from the list that the first four items: · Heathrow Primary – New Classrooms - £150k · Queensmead Sports Centre - £150k · Leisure Ticketing System - £ 55k · CIT Developments - £100k
3.15 Provide the greatest synergy with the CIS. The above taken with the additional allocation of resources to the refurbishment of Children’s Homes would amount to an additional £545k of expenditure.
Developments on the Single Capital Pot
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 39 3.16 At the February meeting of the Committee Members agreed a Capital investment Strategy (CIS) that would form the basis of submissions to the DETR required as part of their process for undertaking a “dry run” of the Single Capital Pot process during 2000.
3.17 As a result of the previous consultation with authorities the DETR is minded to start initially with allocating 5% of Government resources from 2002/03 on the basis of investment strategies. There also seems to be likelihood that all resource allocations will involve a significant degree of distribution by needs led formulae.
3.18 Further guidance has been received from the DETR the key points of which are:
q Strategy Documents to be submitted to DETR by 31 July 2000
q The submission to DETR to be a 6 page high level summary of the strategy covering:
§ Key priorities and targets § Key partners § Illustration of corporate working and partnership to achieve cross- cutting outcomes § How investment decisions are prioritised § How progress will be monitored and evaluated
q The document is seen as a statement for providing a framework for the management and monitoring of the capital programme
q There should be a process for option appraisal and prioritisation of proposals for projects, linked to procedures for good project management
q The capital strategy is seen as providing the policy framework for the operational work of asset management
3.19 Officers will submit the response drawing on the information contained in the agreed CIS and on the work to date of the Capital Investment Strategy Group (CISG) which oversees many of the processes referred to.
3.20 The other aspect of the Single Capital Pot process is the preparation and submission of an initial Asset Management Plan (AMP) to DETR by 30 November 2000. The key areas this submission is expected to cover are
q There is an individual/team charged with developing corporate asset management.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 40 q Evidence that the Council has in place a programme showing how the use of assets contributes to service improvement, and methodologies for prioritising between projects
q Evidence of monitoring progress for the plan
q How data and information on property is managed. q A process for identifying under-used assets
q A three to five year plan for investment coupled with forecasts of potential receipts
3.21 DETR recognises that authorities are probably at a range of different starting points for preparing AMPs, hence the longer time scale for the work. The timetable allows for the AMP to be presented to Members in the autumn prior to submission to the DETR.
LEGAL COMMENTS
3.22 The legal comments are included in the body of this report.
FINANCIAL COMMENTS
2.23 This report was prepared in full consultation with the Borough Treasurer and their comments are contained with the reports main body.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 41 Appendix A1 Estimated Capital Receipts Position June 2000 Estimated Capital Receipts 00/01 01/02 02/03 03/04 04/05 k k k k k Policy Committee Estimates February 2000 General Fund 6,217 7,630 13,160 7,930 4,420 HRA 2,450 2,450 2,450 2,450 2,450 Total 8,667 10,080 15,610 10,380 6,870
Current Estimates June 2000 General Fund 11,125 10,380 13,160 7,930 4,420 HRA 2,550 2,400 2,375 2,350 2,325 Total 13,675 12,780 15,535 10,280 6,745
Variance Feb to June 2000 General Fund 4,908 2,750 0 0 0 HRA 100 -50 -75 -100 -125 Total 5,008 2,700 -75 -100 -125
Appendix A2 Estimated Effect of Capital Receipts on RTIA and BCA June 2000 Effect of Capital Receipts 00/01 01/02 02/03 03/04 04/05 Estimates On RTIA and BCA k k k k k 1. Revised Capital Receipts Capital Receipt Brought Forward 3,657 5,056 3,003 0 0 Capital Receipts Received in Year 13,675 12,780 15,535 10,280 6,745 Receipts for RTIA Purposes 17,332 17,836 18,538 10,280 6,745
2. Revised RTIA Estimates RTIA Estimates Feb 2000 2,193 2,193 2,193 2,193 2,193 RTIA Estimates June 2000 4,333 4,459 4,634 2,570 1,686 Variance 2,140 2,266 2,441 377 -507
3. Revised BCA Estimates Estimated BCA Feb 2000 12,116 15,149 13,322 12,432 12,432 Impact of Revised RTIA Estimates 0 -2,140 -2,266 -2,441 -377 Estimated BCA June 2000 12,116 13,009 11,056 9,991 12,055
Notes 1. The revised RTIA estimates incorporate not only the effect of increased Capital Receipts but also the work done referred to in the Policy Committee in February on modelling the impact of RTIA.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 42 2. BCA’s make no assumption about Central Government’s Spending Review Summer 2000.
Appendix A3 Estimated Impact of Capital Receipts and RTIA on the Medium Term Capital Programme June 2000 Estimated Impact of Capital 00/01 01/02 02/03 03/04 04/05 Receipts and RTIA RTIA on the Medium Term Capital k k k k k Programme Capital Programme Feb 2000 In Year Expenditure 32,675 39,656 47,529 42,009 33,399 In Year Resources 32,743 37,543 45,246 39,726 30,116 Cumulative Unallocated Resources 626 694 -1,419 -3,702 -5,985 B/Fwd Cumulative Unallocated 694 -1,419 -3,702 -5,985 -9,268 Resources C/Fwd
Capital Programme June 2000 In Year Expenditure 41,066 39,656 47,529 42,009 33,399 In Year Resources 42,555 38,103 42,905 37,184 33,346 Cumulative Unallocated Resources 3,657 5,056 3,003 -1,621 -6,446 B/Fwd Cumulative Unallocated 5,056 3,003 -1,621 -6,446 -6,499 Resources C/Fwd
Notes 1. The In Year Expenditure estimate for June has included the requests for additional resources in regards to the Civic Centre Re-cabling and Children’s Home Refurbishment so as to give a complete picture the present position taking account of these pressures.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 43 Appendix B Table – Possible Additional Expenditure Areas Area/Scheme Amount Comments £k Heathrow School Provision of 2 New Classrooms 150 This scheme relates to the theme of maintenance. The current mobile classroom block is currently unusable and in need of urgent replacement during the current year as it presents s increasing Health and Safety risks. It is put forward here because of the urgency of the works. Should it not receive funding it would have to be supported from the Capital Maintenance Contingency, which would make a significant reduction in that Contingency at an early stage in the year. If this were the case given the size of the scheme it is highly likely that it will be necessary to increase the Capital Maintenance Contingency by a similar sum later in the year. Queensmead Sports Centre 150 The scheme will enable the centre to significantly improve the range and qualities of provision in keeping with other spend to save initiatives at Hayes and Highgrove Pools. The projected income streams show a minimum return of £51K based on additional fitness usage, new fitness activities, new sunbeds and sauna/steam room plus new function suite usage and bar takings. Leisure Ticketing System 55 This scheme is a spend to save initiative which also address’s information technology development. The scheme relates to the replacement of the current system which was installed in 1996 and which does not provide the capacity to meet the requirements of a modern integrated system which provides good management information and flexible approaches in such areas as bookings. The computer equipment currently in use is pre-Pentium technology and our current supplier (Flex Systems) is phasing out the Operating System on which it functions. As with all current software today, these are developed to take advantage of the latest hardware technologies available and therefore we are already four years behind. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 44 CIT Developments 100 This funding would relate to the Information Technology Development Theme. Specifically the resources would be used primarily to enhance the functionality of the current telephone facilities of the current system and to put in place Public Key Infrastructure necessary to enable secure transactions to be undertaken through the Council’s web site. Community Safety Lighting Initiative 200 This scheme relates to environmental improvements and will in improving Street Lighting in selected areas contribute towards community safety. Parks & Open Spaces 450 This scheme relates to environmental improvements. The Best Value review of Parks and Open Spaces has identified a lack of investment in this area. The investment proposed here would focus on five of the boroughs parks Hillingdon Court Park, Churchfield Gardens, Pinkwell park, Harefield Green, The Closes Recreation Ground and would address such areas as: · Boundary treatment and fencing replacement / refurbishment · Footpath and infrastructure refurbishment · Entrance and signage replacement / refurbishment · Replacement / new seats, bins, dog fouling bins · Hard court refurbishment · Playground Refurbishment · Enhanced feature planting / landscaping
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 45 Civic Centre Environmental Enhancements 700 The basis of this bid is to undertake a number of enhancements to the Civic Centre which will be designed to improve the overall building environment whilst addressing Health & Safety concerns and where possible provide future savings in operational costs. In this respect the bid accords with LA21. In addition there is clear external research available which links increased productivity to improvements in the working environment and the proposed improvements would encourage this. The works proposed include: · The introduction of Full Daylight Spectrum Polarised lighting on 4 quadrants · Upgrading flooring on 4 quadrants · Continued plaster repairs and decoration on 4 quadrants · Upgrade access and facilities for the public · Improve air quality by introduction of air ionisation · Introduction of independent environmental controls in the major Committee Rooms i.e. CR1 - CR6 Playgrounds 100 This scheme relates to the refurbishment and replacement of equipment and surfaces to comply with new EU standards BS EN 1176-1. Playgrounds to be improved include Bessingby Park, Fairway Rec, Hayes End Rec, Northwood Rec and Polehill Park. CCTV 90 The proposal is to provide additional funding to match that from a planning agreement for the provision of CCTV for Ruislip High Street. This additional funding is needed in order to produce a comprehensive scheme for the area, including the extension of the cabling infrastructure to cover the Manor Farm site and adjoining area, so as to facilitate any future schemes for CCTV in those areas. Total 1,995
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 46 Appendix C GLOSSARY OF TERMS AND ABBREVIATIONS
ORGANISATIONS
DETR Department of Environment, Transport and its Regions DfEE Department for Education and Employment GoL Government Office for London HWDP Hayes West Drayton Single Regeneration Budget Partnership LPA Local Planning Authority
SCHOOLS
GM Schools Foundation Schools LEA Schools Community Schools VA Schools Voluntary Aided Schools which can be either Foundation or Community schools
EXPENDITURE AREAS
HRA – Housing Revenue Account is expenditure, which solely relates to build and refurbishment/repair of Council Dwellings. The account is ring fenced with rental income resourcing any capital works required to housing stocks but not being able to fund any general fund capital works.
GF- General Fund is the remaining elements of the capital programme that do not directly relate to housing stocks. It is split down into five main areas, these being;
Ø Housing General Fund Ø Education, Youth and Leisure - split into Schools and Youth and Leisure. Ø Environment Services Ø Corporate Services Ø Social Services
Separate identification is also made for the Capitalization of Redundancy Costs, Capital Investment Strategy Pilots and future years Maintenance Provisions
FINANCIAL AND OTHER TERMS
ACG - The Annual Capital Guideline states the amount of capital expenditure the Government estimates that an authority should spend for the year. It is split into five main service areas, these being Housing; Education; Personnel Social Services; Transport and Other Services. The ACG is the capital equivalent of the Standard Spending Assessment (SSA) for revenue expenditure.
AMP - The Council’s Asset Management Plan which was commissioned by the Finance and Asset Management Sub-Committee and which is in a state of on-going development.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 47 BCA -The Basic Credit Approval authorises Local Authorities to borrow money to a stated level to finance its capital expenditure. The basic credit approval is issued yearly and has to be used in the year of issue. It the sum of the Annual Capital Guidelines for the Authority less Receipts Taken Into Account
CIS - The Council’s Capital Investment Strategy, which is being developed in response to the decisions made by Policy Committee on 17 December 1998.
CMP - The Council’s Maintenance Programme, which is managed by the Finance and Asset Management Sub Committee.
CRI - Is a Supplementary Credit Approval called Capital Receipts Initiative, which is a particular Central Government priority to improve and regenerate housing, provisions. Incorporated into the Housing Single Capital Pot in 2000/2001
EAMP - Education Asset Management Plan which is currently being developed in line with the requirements of the DfEE.
EAR – Education Asset Review including wide ranging proposals for future leisure provision with the Borough.
HIG - Home Improvement Grants are a form of Specific Capital Grants. Home improvement grants are payable to individuals or private landlords for renovations and disabled access facilities. There were two types, being:
Ø PSRSG - Private Sector Renewal Support Grant is a discretionary grant where Central Government funds 60% of the total expenditure up to a predetermined limit which is set each year. LB Hillingdon would solely fund expenditure above this level.
Ø DFG - Disabled Facilities Grant is a mandatory grants where Central Government funds 60% of the total expenditure. In addition, the DFG is deducted from the BCA for the year and a SCA is issued for 60% of the predetermined expenditure limit set by Central Government. Expenditure above this level will be 60% financed by grant but there will be a resulting deduction in the BCA for which a SCA will not be forthcoming.
Ø HIMOG - Homes in Multiple Occupation Grant is the specific term applied to PSRSG when the grant is made in relation to dwellings of multiple occupation. .
PSRSG has been incorporated into the Housing Single Capital Pot for 2000/2001.
HIP - Housing Investment Programme is a document, which is completed by local authorities setting out their plans for investment in housing. The document is used to inform Central Government’s decision on the level of capital resources made available across all forms of housing capital expenditure.
HTS - Hospital Authority Transfer Schemes is where work commissioned the Local Health Authority (LHA) but undertaken by the Local Authority. The Local Authority receives full reimbursement of the costs incurred by the LHA. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 48 ITP - The Interim Transport Plan is the successor to the TPP for London. The GLA, once it is set up, will take responsibility for the strategic allocation of transport resources for London, and this will be as the TPP for London which is likely to include Local transport Plans for each Authority.
LASHG - Local Authority Social Housing Grant is a grant to Housing Associations by the Council to support the provision of social housing.
NDS - Is a Specific Capital Grant called New Deals for Schools which is a particular Central Government priority to improve the condition of school buildings and enhance facilities for technology and thus help to raise education standards.
PFI/PPP - Private Finance Initiative and Private Public Partnerships these refer to the use of private PPP finance to support schemes and are run via contractual agreements between private and public organisations for sharing the risks in any development or improvement of services.
RCCO - Revenue Contribution to Capital Outlay - where capital expenditure is financed from revenue resources and accordingly, is a revenue cost for the year in question.
RTIA - The Annual Capital Guideline for the year is reduced by Receipts Taken Into Account. This is a system which has been adopted by Central Government to proportion the available resources between local authorities on a need basis, as the receipts taken into account are the estimated usable receipts available to a local authority to fund it’s capital expenditure.
S106/ S278 - Monies agreed under Planning Agreements Under Section 106 & 278 of the Planning Act.
SCA - Supplementary Credit Approvals authorises Local Authorities to borrow money to a stated level to finance its specific capital projects. The SCA’s are valid only in the year of issue and cannot strand more than one year. Any SCA not used is lost. Departments are required to bid for these resources on an annual basis. Proposals under the White Paper for modernising Local Government may allow for SCA's to span over two years.
SCG - Specific Capital Grants are issued by Central Government or particular capital projects. Grant is on a yearly basis and cannot be carried forward. Any grant not spent is lost.
SCP - Single Capital Pot is the new method by which Central Government will allocate capital resources thorough a single allocation from 2002/2003. The DETR will test the process using a dry run in 2001/2002. The Single Capital Pot for Housing was introduced for 2000/2001 by amalgamating ACG, CRI and PSRSG into a global ACG allocation.
SRB - Single Regeneration Budget is a Specific Capital Grant which is received on behalf of the Hayes West Drayton Single Regeneration Budget Partnership (HWDP) for which LB Hillingdon is the accountable body. Hillingdon is also project owner for a number of SRB schemes and the associated SRB grant relating to capital projects is included the resource total of capital programme. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 49 TPP -Transport, Policies and Programmes is a document, which is completed by local authorities in order to bid for funds to finance capital expenditure on local transport infrastructure. The bid is split into main areas, these being major road schemes; principal road carriageways; bridges and structures; local safety schemes; bus priority network; cycleways. Funding is via Supplementary Credit Approvals and Transport Supplementary Grant.
TSG - Transport Supplementary Grant is a Specific Capital Grant which is based on 50% of the accepted Transport, Policies and Programme bid.
WOPL - Works Over The Prescribed Limit are extensive capital works, which are carried out on council leasehold properties, and the costs of the works are charged to the leaseholders. Payments for the works are received over a period of time.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 50 THE DISTRICT AUDITOR’S MANAGEMENT LETTER 1998/9 ITEM 4
CONTACT OFFICER: Amanda Kelly TELEPHONE: 01895 250559 SUMMARY
This report appends a table setting out the recommendations in the District Auditor’s Management Letter for 1998/9 and progress made in implementation.
RECOMMENDATIONS
That Committee note the report and the progress made in implementing the District Auditor’s recommendations.
DETAIL
4.1 The Audit Commission’s Code of Audit Practice advocates that Auditors should issue a “Management Letter” which will be addressed to Members and give a summary of the audit activities and details of significant matters which have arisen from all aspects of the audit.
4.2 The Management Letter was formally reported to Members at this Committee’s meeting on 15th February 2000. Committee will recall that the District Auditor decided, in addition to issuing the Management Letter, to qualify the Council’s accounts and, in relation to NNDR, to issue a recommendation requiring a public response under s.11 of the Audit Commission Act 1998.
4.3 A “qualification” essentially means that the Auditor is not able to state that the authority’s statement of accounts presents fairly the financial position of the authority.
4.4 The section 11 recommendation essentially stemmed from the difficulties experienced by the Council when it transferred NNDR data from one system to another in 1997/8. Officers have formulated a detailed action plan and this was agreed by Finance and Asset Management Sub-committee in March. That Sub-committee received a progress report at its last meeting an therefore this report will not deal with the detail of this issue.
MONITORING
4.5 The report which this Committee received in February highlighted the importance of Members and Officers carefully monitor progress in implementing the recommendations of the Management Letter.
4.6 Accordingly, the recommendations in the Letter have been extracted and put into grid form with a named officer against each recommendation who will be responsible for implementing the recommendation and reporting on progress.
4.7 This has been agreed by the Management Board and progress is reported to the Board regularly as well as to Members by reports to this Committee.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 51 CONCLUSION
4.8 The Management Letter is an important document for both Members and officers. It represents an external assessment of the Council’s performance in a number of important areas. It is therefore crucial that the Council makes sure that its recommendations are implemented so that issues identified by the District Auditor are appropriately resolved r progressed.
COMMENTS OF THE BOROUGH SOLICITOR
4.8 There are no legal comments on this report.
COMMENTS OF THE BOROUGH TREASURER
4.10 This report was prepared with the Borough Treasurer and her comments are incorporated.
LOCAL GOVERNMENT ACT 1972 – ACCESS TO INFORMATION BACKGROUND DOCUMENTS
No documents which require listing were used in the preparation of this report.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 52 Area Action Required Progress so far Officer responsible General financial standing i) Restore balances; i) £3 .3m in 2000/01 budget but Board ii) Ensure that adequate provision is being eroded made in the 2000/2001 budget ii) There are still many budget for spending. pressures Statement of accounts i) Address issues relating to i)&ii) Recovery Plan agreed and in i) JM material misstatement of course of being implemented. Report ii) AK/JM accounts; on progress received by Finance & ii) Resolve uncertainty relating to Asset Sub Committee on 20 June. figures produced from NNDR Public response by Council on 6.4.200 system (Public response) and develop a recovery plan ensuring that there are sufficient resources to resolve the problems and to monitor progress. Financial systems i) Internal controls in NNDR system i) See above AK/JM not operating and improvements needed in other financial systems. Fraud and corruption i) Development of an anti-fraud and i) Work is ongoing and will be i) GC corruption strategy, reported to Committee in ii) PL ii) Deal with weaknesses identified December. iii) RW in the systems for paying asylum iv) Board seekers and processing housing ii) See post JM – Sos etc benefits (v) iii) Improve procedures for awarding work to DSO sub-contractors; iii) The arrangements have now iv) Correspondence which alludes to been changed. A new schedule fraud should automatically go to of rates contract is in place from Internal Audit – changes to be 1.6.200 and any responsive made to appropriate procedures highways maintenance work will PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 53 Area Action Required Progress so far Officer responsible and standing orders etc; be via this contract v) Ensure that action plan that has iv) This will be included when been drawn up to deal with IT Financial Regulations are fraud and abuse is followed reviewed through; v) Preliminary discussions have taken place between ICT and vi) Ensure that sound tendering and Internal Audit. AK&CDS contract monitoring vi) Contract Standing Orders are arrangements are put in place to under review ensure probity and VFM. Legality i) System of formal monitoring by i) In train i) AK Members of progress to implement recommendations made in Monitoring Officer reports.
Corporate governance i) Ensure that reputation for good NOT AN OFFICER TASK corporate governance is restored to Hillingdon; ii) Report to Policy on 29 June Ii) ii) Progress is maintained in modernising internal structures and administrative procedures.
Performance indicators i) Improve arrangements (all i) Departments have reviewed their i) CDS Departments) for collating PIS; arrangements ii) Board ii) Ensure that sufficient resources are provided so that the BV ii) BVPP produced on time performance plan is produced on time (31.03.2000) Implementation of past i) Need to improve databases that i) Agreed and dealt with as part of ii) Board recommendations are used to produced PIS and the review above. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 54 Area Action Required Progress so far Officer responsible Management Information.
DSO Operations i) Continue to monitor closely i) No comment iii) RW/PL (particularly parking) to ensure iv) Board/BVSG they are viable; ii) This has been done except in ii) To prioritise for BV review the relation to NNDR poor performing ones and ensure that BV reviews covers the issue of the high uplifts CISG i) Ensure that existing assets are i) Capital Investment Strategy AK/CISG effectively used and assess agreed whether there are potential ii) Asset Management Plan is being capital receipts which can be prepared for submission to DETR released. in November 2000
Provisions in accounts i) Ensure that the amounts in the i) Restoration of insurance fund Board accounts are adequate. needed
Issues for next audit i) Ensure that DA’s working paper i) i) Board requirements are met and that ii) Improvement will be incorporated ii) JM they are collated in advance of in 1999/2000 accounts. iii) JM the next audit; iii) All Members of the Council have ii) Improve the disclosure notes received a letter asking them to supporting the accounts; disclose r.p.i.s. iii) Ensure that members are asked to disclose any related party interests.
Grant claims/Asylum seekers i) Improve the quality of the i) Considerable work has been i) PL/GB working papers relating to undertaken, both in terms of ii) PL/GB asylum seekers and housing recreating the paperwork to iii) PL/JM PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 55 Area Action Required Progress so far Officer responsible subsidy to prevent any reduction substantiate the claims for iv) Board in subsidies by the Department of 1997/98 and 1998/99. Lessons Health; have been learnt and the ii) Reconcile the manual processing paperwork is maintained by the system and CFACS and ensure teams has much improved and that there is an audit trail to shouldn’t cause similar concerns individual invoices; for the 1999/00 claim. iii) Improve controls over the ii) The process has been improved reimbursement of the cash by issuing every asylum seeker control system; with a unique “activity” code as iv) The Council should consider part of the coding process. By joining the Immigration Service doing so we should be in a scheme. position to link individual payments to particular asylum seekers, enabling reconcilation. iii) This is being investigated. iv) The Council has decided not to. Reporting of major weaknesses i) Establish a protocol for reporting i) This is already done. i) JM found by Internal Audit weaknesses to senior officers and strengthen risk assessment procedures.
Main accounting i) Ensure that housing benefit, i) This is now being carried out for i) PL/JM/PO’H system/financial systems NNDR and student awards Benefits NNDR no longer an ii) PO’H systems are reconciled to the issue iii) PL general ledger and strengthen ii) . iv) JM controls over feeder system iii) Quarterly reconcilations were interfaces; suspended because of IHMS ii) Ensure verification checks are problems but will be reinstated in undertaken on a sample of 2000/01 student awards; iv) In hand PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 56 Area Action Required Progress so far Officer responsible iii) Improve reconciliation of tenants rent account; iv) Document procedures for payroll. Budgetary control i) Improve the quality of monthly i) This has been done i) AK/JM & CDS budget monitoring; ii) This has been done ii) AK/JM ii) Enhance procedures for iii) A great deal of work has been iii) GB investigating variances; carried out this year to try and iii) Improve budget forecasting in realign the budgets so that they Social Services. are more reflective of the pressures. Coupled with this is the introduction of a new revenue monitor system to try and improve the accuracy and robustness of the revenue monitor forecasts. Both of these improvements are a big step in the right direction, but they are not the finished article and further development will continue throughout this year. Accounts closure i) Improve arrangements for i) Guidance has been issued iii) Board/JM accounts closure within groups ii) Resources are limited but iv) AK/JM and monitor compliance; unlikely to be increased. ii) Quantify resources required to complete the closure programme and identify any gaps. Housing benefits i) Establish procedures for vetting i) Policy being implemented i) RH new staff, temporary staff and including vetting new staff and ensure that references are following up references followed up vigorously.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 57 Area Action Required Progress so far Officer responsible Whistleblowing i) Alter the policy so that it refers to i) The policy is being reviewed and ii) AK/RA protection afforded by the Public the revised version will refer to Interest Disclosure Act 1999. PIDA.
Corporate Performance i) Council should review its i) A CPMS has been agreed Board/TM management system objectives in the context of Best (CPMS)/Best Value Value and develop a CPMS.
Community safety i) Ensure commitment to i) The Management Board has i) Board Community Safety Strategy is appointed a Corporate Director to ii) CE replicated throughout the oversee the community safety iii) Board Council; strategy and all Corporate iv) CE ii) Increase Member awareness of Directors are reviewing the v) CE crime and disorder issues; cascading of community safety vi) CE iii) Review membership of with their Senior Management vii) CE community safety sector teams; Teams viii) Board iv) When completing next crime ii) This aspect of community safety audit ensure information is drawn was one of the three topics from all the Partnership identified by the Council for pilot agencies; scrutiny reviews. The Scrutiny v) Audit community safety initiatives Panel’s report is currently being in the Borough and assess links prepared. with the overall strategic iii) This has been done objectives of the Partnership; iv) The importance of this issue is vi) Develop a methodology to recognised and consideration is evaluate cost of crime in the being given to the best means of Borough; achieving compatibility between vii) Need to develop a the data produced by the communications strategy to partnership agencies. foster community involvement v) The Council and the Police have and ensure successes are carried out a review of the PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 58 Area Action Required Progress so far Officer responsible publicised; community safety strategy after viii) The Council and the Partnership the first year and amendments should assess the resources are being proposed required to deliver the strategy vi) Outside expertise will be sought and develop the external funding on this issue framework. vii) Community safety has been identified as an issue to be addressed in the Council’s overall communications strategy and good news stories are publicised as they arise viii) The resources implications of the community safety strategy form part of the scrutiny review referred to above Planning school places i) Booklets for parents still do not i) Complied with i) PO’H provide information on over ii) Complied with ii) PO’H subscription; iii) Ongoing – discussion with iii) PO’H ii) Elapsed time for primary schools and will be addressed admissions process still do meet through lifelong learning Audit Commission minimum partnership standards in all respects; iii) Many sixth forms are still small with under 160 pupils.
Land Charges i) Officers to use the IT system as i) No comment RW a basis for improving performance and quality of management information.
Section 106 agreements i) Improve monitoring systems with i) i) RW PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 59 Area Action Required Progress so far Officer responsible an integrated databases; ii) Board ii) Clarify roles in implementation of ii) iii) RW/AK section 106 agreements; iii) Improvement the management of iii) final stage of obligations including the treatment of under and over spends;
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 60 THE COUNCIL’S CORPORATE PLAN ITEM 5
Contact Officer: Brian Murrell Telephone: 01895 250495
SUMMARY
· On a reference from the Council AGM to report on the Council’s achievements 1999/2000. · To report on the corporate management arrangements for delivering the Council’s priorities.
RECOMMENDATIONS
That the Committee:-
· Notes the achievements for 1999/2000 as measured against the Council’s stated priorities · Agrees the approach for managing the delivery of the Council’s priorities as set out in the Leader’s Statement to the AGM, May 2000 · Asks the Chief Executive to report back on progress to the next meeting of this Committee
INFORMATION
5.1 Review of achievements 1999/2000
5.2 Appendix A sets out in some detail the assessment of progress made by the Council during 1999/2000 in delivering the priorities set out in the Leader’s Statement. In this way it is possible to:-
1) Measure progress and identify what work remains to be completed.
2) Provide staff, managers, councillors and the public with an account of the Council’s work over the last year.
5.3 Corporate Management Arrangements
5.4 The Leader’s Statement to the AGM identified the following key priorities for the coming year:
· Confirming the existing five themes and corporate programmes as the Council’s priorities.
· Sticking to the three year plan the Council has for capital and revenue, and ending the short term approach of diverting planned resources to support new and unprogrammed projects
· Affirming as paramount the need to work as One Council.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 61 · Redirecting resources by secondment to the centre to support the corporate programmes (and/or attracting external secondments or other resources).
· Giving high priority to improving the infrastructure – Property, new technologies - supported corporately, but service led.
· Stressing the urgency and importance of tackling the Human Resources agenda.
· Operating an effective system of performance management and corporate review to deliver the programmes.
· Taking forward a programme for local community engagement.
· Improving the Council’s image through better performance, effective communications and good public relations.
· Adopting across the organisation an entrepreneurial culture; working outside of the “silos”.
· Giving priority to redirecting resources to improve the environment.
· Publishing and wide disseminating these programmes as the Council’s 3 Year Plan.
5.5 To be confident that these priorities can be delivered and that progress can be measured the following arrangements have now been put in place:-
1) Corporate programmes 2) Project management 3) Corporate resources 4) Communications and training 5) Corporate Review 6) Corporate timetable/plan 5.6 Quite clearly the Council has reaffirmed its intention to focus on the objectives, as set out in the Council'’ five themes and its five corporate programmes. This will require a co-ordinated organisational process to ensure this work can be completed and is adequately resourced. More broadly it will require the organisation’s culture and support management infrastructures – Property, IT, Human Resources – to modernise in step to enable these programmes to be achieved.
5.7 In response to this challenge the Management Board has agreed a Management Framework to deliver this programme:
1. Corporate Programmes: The five themes and five corporate programmes have been divided into a coherent set of corporate programmes and projects, and for each of these a Corporate Director has been identified with clear accountabilities to ensure the delivery of that programme’s key objectives (see schedule at Appendix B). PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 62 2. Project Management: Each work area will have a project plan setting out key milestones, timescales, resources and overall objectives.
3. Corporate Resources: As recognised by the Leader’s Statement the work requirement of the overall programme, both in its management and co-ordination, and in working with each project team, will necessitate additional staff being assigned (by secondment). Arrangements are being put in place to recruit staff to support this work.
4. Communciations and Training: To be successful it is essential that there is a wide ownership of the Council’s key priorities. As a first step in the process a major conference of 200 senior managers will take place in July, and further events and activities are planned to both communicate and involve all staff in this work.
5.8 It is recognised that there will also be a requirement to brief and train staff, particularly in the critical area of project management skills.
5.9 Corporate Review: In order to measure progress in a systematic way, as part of these new arrangements the Chief Executive intends to introduce a structured review programme. This review process will take place in the autumn and will involve Corporate Directors reporting on progress in the programme areas they are responsible for. The review programme will be published and available for Members.
5.10 Corporate Timetable and Plan: A comprehensive timetable of key corporate events will be maintained, published and used as a key planning tool. It is also the intention to publish this work as a Corporate Plan by the end of 2000. This will be an important part of the Council’s approach to community planning. The preparation of a community plan is likely to become a duty for local authorities under the Local Government and Standards Bill before Parliament.
5.11 A schematic plan representing the overall process is shown as Appendix C to this report. Importantly, these new arrangements will bring together the Council’s service, financial and corporate plan processes into a common structure. It is essential for Hillingdon to be able to demonstrate to Government, Partners, and the community that such management arrangements are in place and working effectively. FINANCIAL IMPLICATIONS 5.12 Most of the components of the programme will principally be dependent on officer time for their achievement but some elements are likely to need additional resources if they are to be fully implemented. This will need to be considered when decisions are taken on revenue and capital budgets, so that Council priorities are reflected in spending decisions. LEGAL IMPLICATIONS There are no specific legal implications arising from this report. BACKGROUND DOCUMENTS
Nil PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 63 APPENDIX A
COUNCIL’S ACHIEVEMENTS 1999-2000
The Leader’s Statement to the Council’s AGM on 20th May 1999 contained the following elements:
· A report on the Council’s progress and achievements in the first year on the new administration. · An outline of the Council’s key priorities and other issues over the next three years.
Latest position on 98/99 achievements
The Leader’s Statement reported on achievements during 1998/1999. The latest position on a number of issues is listed below:
New management structure
All first and second tier managerial appointments have now been made.
West London Alliance (WLA)
Hillingdon has had an active role in shaping the agenda of the new WLA. The Council is now contributing to the WLA’s development, with the rationalisation of existing West London agencies a major issue to be addressed.
Year 2000
A Year 2000 action plan was implemented and its success has been evaluated in a report to the Policy Committee. Social Services’ Action Plan drew praise from a National Inspection Team.
Budget Strategy Principles
The Policy Committee agreed principles for the Council’s budget strategy in October 1998.
Three-Year Budget Strategy
A rolling three-year budget strategy was agreed in September 1999. A more flexible budget now needs to be agreed so that the Council can be more responsive to changing priorities.
Best Value Objectives
A Best Value objective of 5% efficiency savings was adopted by the Policy Committee in July 1999. In addition, each Best Value review is required to produce an action plan to achieve measurable improvements in quality, efficiency and equality. These plans must now deliver these improvements.
Partnership Working PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 64 In the area of health the Council is a major contributor to the Hillingdon Health Improvement Plan. Work programmes for partnership working in the areas of mental health, learning disabilities, therapies and older people are now being developed by Social Services as a result. In addition, a Community Safety Strategy for Hillingdon has been drawn up in conjunction with the Police and other stakeholders.
Community Safety Strategy
A Community Safety Strategy for Hillingdon has been drawn up in conjunction with the Police and other stakeholders. This is now being implemented and progress is monitored quarterly. The Strategy will be implemented in full by 2002.
Anti Racial Harassment
A Racial Equalities Officer post and an officer team on Race and Equalities have been set up in the Chief Executive’s Office. Further work is now needed to implement anti-racial harassment policies across the Council.
Communications Strategy
A corporate Communications Team has been established to progress and implement the Council’s communications strategy; the Walker Report on communications is now being implemented and the budget has been reinstated.
IT Strategy
The existing corporate IT strategy, agreed in 1998, is presently under review. IT is now a best value review and an IT Business Plan is to be implemented.
Review of Properties and Capital Receipts
A Capital Investment Strategy (CIS) and capital programme for the Council were approved by Members in February 2000. The Property Review Group has been revamped and will now be responsible for delivering part of the CIS work programme.
Assets Review
The Education, Youth and Leisure asset management review has now entered a consultation stage. A Social Services asset review has also commenced.
Grants Strategy
The grants programme for 2000/01 has been reviewed in accordance with the new strategy. A budget reduction must now be achieved.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 65 Investment in Schools, Housing and the Environment
Investment in schools has been above the SSA during 1999/00, £19m was invested in housing during 1999/00, and Environmental Services’ capital programme during 1999/00 was £5.2m.
Rising 5’s Policy
Phase One, covering the most needy schools, was completed in September 1999 and January 2000. Phase Two is due to take place in September 2000 and January 2001, and Phase Three during 2001/2.
Local Agenda 21 Strategy
An LA21 conference was held in October 1999. Views from this event have been used to draw up a draft LA21 Strategy for Hillingdon, which has now been put out for consultation in the community. The Strategy will be published in December 2000.
New organisations for Social Services and Environmental Services
A new strategic management team has been operating in Social Services since October 1999 and two divisions have been restructured. Restructuring in the two remaining divisions is currently taking place. The whole Environmental Services Group has been restructured with a new management team put in place, and client and contractor responsibilities have been merged.
Leisure strategy review
In October 1999 the Education Committee broadened this review and extended informal consultation. The review is undergoing formal public consultation from May - July 2000 and final recommendations will be presented to the Education Committee in September 2000.
Healthy Hillingdon programme
Hillingdon’s first Health Improvement Plan (HIMP) has been agreed between the Council and the Health Authority, and commended as a model of excellence in partnership working. Joint Improvement Plans that feed into the HIMP have been developed for specific groups and are currently being implemented. This Committee has agreed the broad strategy for 2000/01-2002/03 HIMP.
Progress against the five themes and other issues
This section reports on progress against the key priorities and other issues:
Providing Value for Money
The Hillingdon element of the council tax increase during 1999/00 was limited to 6.5%. However, this figure should be brought in line with inflation by 2002/3 as a result of the three year budget strategy and a review of property and assets. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 66 A Capital Investment Strategy was approved by Members in February 2000. The strategy, based on sound financial principles, seeks to improve the co-ordination of the Council’s investment decisions, maximise available resources and ensure that specific outcomes for investment decisions are identified.
Modernising the way we work
During a recent round of public meetings the public expressed concern about introducing cabinet government in Hillingdon. A decision was therefore taken to streamline the committee structure and continue with the development of the Scrutiny function. The performance of the recent pilot scrutiny committees is now being evaluated and results will be presented to the Modernisation working party.
The Best Value programme has been driven forward vigorously during 1999/00. Best Value reviews have been completed in five major service areas and the results fed into Hillingdon’s first Best Value Performance Plan, which was distributed to every household in March 2000.
The Council has adopted new ways of working and delivering services:
Information Technology
· Two electronic information kiosks have been installed in the borough (further kiosks on the way) which, in time, will enable the public to communicate directly with Council departments.
· The Housing Group is introducing a new integrated computer system and Social Services is strengthening IT links with Health and other partners.
· The Housing Group has set up a Cyber Cafe on the Glebe Estate.
· Education, Youth and Leisure has introduced leading edge ICT facilities in all libraries in the borough, providing vastly improved catalogue and renewal services and free internet access, and supported by training.
· Environmental Services is introducing a document management system for Planning and Building Control.
· Some Members now have access to e-mails, electronic diaries, intranet and internet on a pilot basis, and PCs have been installed in some Members’ homes.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 67 Flexible Working
A new Human Resources strategy, promoting new flexible ways of working, has been adopted. In particular, Social Services and Education piloted mobile working schemes in March 2000.
Joint Working
Joint posts have been established funded jointly by Health and Social Services that are delivering Joint Investment Plans in line with the Government’s approach to New Partnership Agreements.
Corporate Planning
· A Performance Management framework for service planning has been approved by Policy Committee, and the detailed framework is presented as a separate report to this meeting.
· A Corporate Planning process is included as a report to this Committee.
Training
· Best Value
Best Value training has been launched during 2000. A number of briefings have been provided, including a presentation by Wendy Thompson, Head of the Best Value Inspection Unit, on 9th February. Also, training for Best Value project managers has commenced.
· Modernisation
A programme of briefings for members on aspects of political modernisation began in late 1999; subjects covered so far have included the legislative background and the scrutiny system. A number of officer briefings have also taken place from early March.
Standards
A Standards Committee has been set up in advance of legislation and two advisors have been appointed.
Providing Better Services
Environmental Services
· A new senior management team has been in place since January 2000. · A 3-5 year Environmental Strategy for the Council has been produced. · A new group to deal with environmental issues was formed in May 1999. · Work is progressing towards a call centre.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 68 · Two major Best Value reviews have been completed. · Parking Services have been reviewed, restructured and improved, including the extension of the Parking Enforcement Service. · A complaints system and Members’ enquiry service have been introduced. · Kerbside recycling has been extended from 10,000 to 16,000 households. · Work has commenced on an interim car parking policy. · A scoping document has been produced as the first step in developing a Borough Transport Strategy. · The group is leading a National Spring Clean as one of three boroughs nationally. · An action plan has been developed to improve communications with the community.
Social Services
· A new Strategic Management Team has been operating since October 1999. · Operational management has been strengthened by the restructuring of two of the four divisions, the launch of a managers’ development programme and the development of an IT and management information strategy.
· Financial systems are being improved and training provided. · An action plan to improve communication has been implemented. A Management Briefing System, including 150 trained managers, has been introduced across the Department.
· Performance Management has been strengthened considerably, with the introduction of business planning across the Department, performance management of each of the operational Divisions, and the introduction of performance appraisal for all staff.
· The Social Services Inspectorate (SSI) has made positive reports on the Registration and Inspection Unit and the Children Looked After Service. Both services had previously received critical reports.
Education, Youth and Leisure
· Literacy and numeracy strategies have been successfully implemented in primary schools and improvements in test and examination results have been achieved in schools of all phases.
· The Council’s Rising 5’s policy, which has been successfully implemented and is now running ahead of schedule, is providing a better start to education for young children in the neediest areas of the Borough.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 69 · The HMCI’s annual report recognised significant strengths and improvements in many Hillingdon schools, and further schools in the Borough have been invited to become Beacon Schools.
· A major feature of the Asset Management Review will be reinvestment into Leisure Services in conjunction with partners.
· A number of minor reinvestment schemes have been completed whereby increased revenue from improved marketing and customer focus has been used to fund improvements in facilities (eg. Hayes Pool).
Housing Services
· Hillingdon Council Housing Service has been recognised by the Government as the best Local Authority landlord in London.
· Homelessness costs have been substantially reduced.
· Residents quality promise is being introduced. The Residents Quality Promise (RQP) is an agreement that will clearly state the level of service provided. Each service covered in the agreement will have stated targets and priorities. The RQP will cover services wider than Housing to include services provided by Environmental Services, such as Street Cleaning, Abandoned Vehicles, Parking etc.
· A special Housing Unit has been set up to deal more effectively with racial harassment and anti-social behaviour. This is to deal with serious cases of racial harassment and anti-social behaviour in the Hayes area where there have been particular problems. The pilot has encouraged the development of joint working with the police, victim support and other agencies.
· Pilot schemes for improving public access to housing services are being run.
· The Council has set up an out-of-hours Noise Team to tackle this particular form of anti-social behaviour. In addition, this team has worked closely with the Council’s Housing Advice Centre and police in tackling difficult cases of noise where racial harassment is also being alleged. The private sector housing team has successfully linked renovation grants for landlords to nomination rights to help reduce homelessness.
· The Council has adopted a strategy to deal with fuel poverty and affordable warmth. This is one of the successes of the work of the new Home Energy Officer. Hillingdon is also involved in a pilot for the nationwide trails of the new HEES grants for the DETR.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 70 Involving the Community Locally
The Council has sought to involve the community in improving services in a variety of ways during 1999/00:
· The Council’s consultation strategy for Best Value comprises all sectors and is designed to ensure that the views of all sectors of the community are obtained. A corporate consultation strategy is now in preparation.
· A 1000-strong Citizens Panel has been set up during Spring 2000 to gauge the views of residents.
· Two kiosks have been installed in the Pavilions Shopping Centre and at Highgrove Pool, Ruislip to provide Council and community information to residents. Two further kiosks are due to be purchased, and a deal with Town Pages will enable further kiosks to be provided at no extra cost.
· Partnerships have been launched with the Somali community.
· Social Services has sought the views of users through surveys and ad hoc consultation on homecare and services for carers.
· Housing has conducted a Best Value consultation on its Homeless Project, negotiated tenant participation compacts with borough-wide umbrella groups and local tenant groups, been heavily involved in establishing the Hayes Community Development Forum, and has carried out a tenants census.
· Education, Youth and Leisure has developed an outreach programme at Hayes One Stop that has successfully brought Council Services to groups not previously benefiting as fully as they should.
· Environmental Services organised a Local Agenda 21 Conference in October 1999 and held three area-based consultation events during November 1999, including a follow up feedback session on results and future actions.
Although there has been no progress on a generic move towards the localisation of service delivery, there has been a move towards this in specific service areas. Environmental Services held three area-based consultation events during November 1999 and fed-back results in March 2000. A sum of £750,000 is to be shared between the three constituencies to fund environmental improvements in accordance with local views. In addition, the Older Person’s Strategy Group held four localised consultation sessions with residents in sheltered housing schemes between September 1999 and February 2000, which are to followed up with an older people’s conference in June.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 71 Working in partnership and improving communications
The Council has sought to work with community partners in a number of ways over the past year:
· The Council is a major contributor to Hillingdon’s Health Improvement Plan, which has been commended as model of excellence in partnership working. Social Services in particular has been heavily involved in developing Action Plans for partnership working in such areas as mental health, learning disabilities, therapies and older people.
· Environmental Services has strengthened partnerships with BA, Tidy Britain Group, Groundwork Trust, Community Groups and Residents Associations, with BA hosting the LA21 Conference. In addition, a conference was held at Brunel University involving international students, and partnership deals have been reached on all roundabouts.
· Housing has forged partnerships with housing associations private sector landlords, energy companies, Groundwork Trust, and the Police.
The Council has taken a number of steps to improve its communications both with residents, partners and employees:
· A series of Best Value Roadshows were held throughout the borough during summer 1999. Councillors and officers explained the Council’s Modernisation proposals and took hundreds of residents’ enquiries.
· Prior to setting the Council’s Performance Targets, an exhibition was held for the public, business and local organisations.
· Recommendations from the Walker report on communications are due to be implemented this year.
Measuring Progress
To measure the Council’s progress towards becoming a Beacon Council a self assessment exercise has been completed by the Management Board and is being used as a management tool. Although there is room for improvement, the Council is set to put forward bids for Beacon Status in the areas of health, young people and drugs, fostering services and community safety.
The Best Value Performance Plan, published in March 2000, sets out performance standards for each service.
In addition to gauge public satisfaction with the Council’s performance an annual Residents Opinion Survey is conducted and a Citizens Panel has been set up for residents in the borough.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 72 Involving staff and disseminating core values
To involve staff and disseminate the Council’s themes and values, a conference will be held for managers during summer 2000. During mid-1999, pamphlets were distributed to every staff member, posters were displayed in prominent locations, and In-House and the Intranet were used to provide further publicity. In addition, Social Services has introduced away-days and focus groups for staff.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 73 APPENDIX B: CORPORATE PROGRAMMES AND PROJECTS
CORPORATE PROGRAMME/PROJECT BOARD SPONSOR BUDGET AK · Ensure adequate provision and align budgets · Establish adequate financial framework
CAPITAL INVESTMENT AK · Ensure best use of assets · BV review of property
MODERNISING POLITICAL AK · Prune subs;agendas as decision making · Implement pilot scrutiny inc implications for ways of working · Undertake full public consultation on future structures · Member training for new roles
MODERNISING MANAGEMENT DL · Establish clear strategic planning process · Improve briefing /communications within organisation
LOCALISATION/COMMUNITY ENGAGEMENT RW/PL · Develop models for widespread discussion with members
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 74 PARTNERSHIPS GB,DL · Agree a framework for partnership working with other agencies · Establish overall partnership forum linked to working forums for thematic work eg health and social care
COMMS/CONSULTATION TM · Establish corporate comms/cons strategy · Initiate work to engage excluded or underrepresented groups · Promote Council
BEACON COUNCIL PL,GB,POH · Make 2 or 3 bids for beacon status in cross cutting areas
PERFORMANCE MANAGEMENT TM · Establish performance mangt framework · Engage members to meet beacon council standards · Establish performance management systems to link service planning to individual targets
COMMUNITY SAFETY DL · Review and update strategy · Establish stronger framework for delivery /monitoring
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 75 QUALITY OF LIFE LA21 RW · Launch LA21 Action plan following consultation · Promote Environmental Stewardship · Greening our Businesses HEALTH GB · Establish health &social care board · Reconfigure services better to meet community needs · Deliver Council's share of HIMP
REGENERATION DL · Maximise remaining benefits of SRB and develop effective exit strategies · Lead player in developing West London inter authority working · Ensure inward investment and job creation benefits local community
SOCIAL JUSTICE/ EQUALITIES POH · Implement CRE standards level 2 and MacPherson recs · Establish improved racial harassment service · Develop strategies to tackle social exclusion & promote social cohesion · Monitor our success
CUSTOMER CARE POH · Reestablish group and draw up new project plan
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Policy Committee – 29 June 2000 Page 76 INFORMATION TECHNOLOGY AK · Complete BV review · Agree full IT strategy
INFORMATION/INTELLIGENCE DL · Create intelligence/info/trend service in policy · Create corporate database of key info
BEST VALUE TM · Complete 18 reviews · Corporate approach to audit and inspection
HUMAN RESOURCES DL · Establish & implement HR Strategy to support improved service delivery · Investment in and delivery of high calibre staff · Management of harmonisation
HEALTH & SAFETY RW · Maintain audit programme of Council's H&S systems · Ongoing training
EMERGENCY PLANNING RW · Maintain & update effective EP system · Continue training
CONTINUITY PLANNING RW · Develop & implement a continuity plan · Adopt risk management approach to support budget and service planning
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 77 Appendix c - schematic
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 78 PERFORMANCE MANAGEMENT ITEM 6 CONTACT OFFICER : Tom Moloney Telephone : 01895 277355
SUMMARY
This report advises Members of the corporate practices and annual programme which are now being introduced to provide/achieve a comprehensive performance management system for the Council.
RECOMMENDATION
It is recommended that Members approve the Performance Management system as proposed in this report for implementation this year.
INFORMATION
6.1 At your last meeting this Committee approved a policy for Member involvement in the Councils Best Value and performance management programmes. That report included as an appendix the proposed framework for performance management. Members requested a report setting out the full details which is given below.
6.2 Performance management is one of the three criteria for Beacon Council status(the other two being leadership and community engagement) and one of the important requirements evaluated by the Improvement and Development Agency when assisting Councils attain high performance. Officers have used these criteria when designing Hillingdon’s model.
6.3 The combination of the detailed framework and the infrastructure policies together provide, when fully implemented, the comprehensive system to meet the Councils objectives and Beacon Council status. Additionally, the framework provides for the better integration of service and financial planning.
6.4 The Local Government Management Manual “Management of performance manual” defines a Performance Management system as:
“A system in which the organisation communicates a shared vision, values and objectives, and achieves “ownership” of the same issues by all managers and staff. Individual performance standards and targets are linked to both the operation unit and the wider organisational objectives and used as the basis for both individual and organisational performance review. The process is used to continually raise effectiveness”.
6.5 The Audit Commission in their management paper “A Measure of Success” describe an effective Performance Management system as being a cyclical review process involving setting targets, measuring achievements, reporting performance and reviewing targets to achieve continuous improvement.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 79 The Framework
6.6 Since the last report to Committee, the framework has been fleshed out and more details included. It is a substantial schedule of consultation, management information, reviews and action within a tightly drawn timetable. The key elements are:
(1) Consultation with services users and the general public about objectives and performance targets.
(2) Quarterly reviews of progress by each service against departmental Action Plans which include Council-wide objectives.
(3) Quarterly reviews of the Best Value programme.
(4) Integration of budget planning and service plans.
6.7 Hillingdon Services have not regularly reviewed performance in a public fashion but that is what is now required to meet government expectations on performance management and for the Council to properly manage its business and achieve its objectives.
The Infrastructure
1. PEOPLE MANAGEMENT
Definition
6.8 Managing staff effectively to ensure the achievement of the local authority’s vision, policies and programmes.
6.9 As a minimum we need a training and development plan for our staff including competency-based appraisal. Staff should be regularly asked for their views; there should be active management of absence and programmes for re-training and re-skilling and secondments. Hillingdon does have a performance and development system operating in some form in every department; we have an absence management policy but its application may not be consistent. We have a long way to go in engaging with staff and developing comprehensive training programmes.
6.10 Ultimately a performance management strategy requires us to have a comprehensive human resource management strategy which staff and trade unions have been involved in developing. The strategy must
(a) include arrangements to ensure that the future workforce requirements of the authority are being planned for systematically through recruitment, retention, re- training and exit strategies.
(b) include equality targets and proposals for meeting them.
(c) Include Members giving an appropriate degree of priority to employment issues, involving themselves in Director level appointments and pay levels but otherwise PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 80 confining their role to setting policy, developing strategy and monitoring. Members’ direct relationships with trade unions should similarly be concerned with consultation about and negotiation on issues with major change implications.
ACTION PROPOSED · Performance and Development Assessment system for every officer · Absence management policy consistently applied in every department · Human Resource strategy to implement (a) to (c) above · Staff survey to launch engagement across the Council · Service level staff engagement on service improvement
2. PROJECT MANAGEMENT
Definition
A strategic and systematic approach to implementing major changes.
6.11 At a basic level we need to have arrangements for implementing major changes (decided on an ad hoc basis); this is the case in Hillingdon.
6.12 We should have a regular programme for bringing the most appropriate people together to work in project teams on new initiatives recognising these opportunities in individual development plans and training programmes. There has been a history of project work like this in Hillingdon but it has fallen into disrepute in recent years although some corporate teams are working successfully such as the Capital Investment Strategy Group and the Best Value Steering Group, Budget Review Group, LA21 and Millennium 2000 Project.
6.13 Ultimately we should use project management methodology to implement major changes. Ongoing training programmes should support staff and projects should be properly resourced in human and financial terms with a proper definition of the project sponsor, client, manager and resource managers. Progress on the projects should be regularly monitored and lessons learnt systematically communicated.
ACTION PROPOSED · Review of all Review Teams – their composition, purpose, frequency etc · Protocols for Corporate Teams to include relevant service input and reporting mechanisms · Training for Managers in Project Management · Adoption of IT systems as standard practice · Reporting back mechanisms on outcomes and lessons learned
3. SYSTEMS AND PROCESSES
Definition PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 81
6.14 Continually reviewing, redesigning where necessary, and simplifying systems and processes in order to support the achievement of the local authority’s policies and improve performance.
6.15 At the basic level, this is a focus on efficiency, updating procedure manuals and some recognition of the wider impact on the Councils policies and activities.
6.16 The next level would involve proper quality assurance systems, quality circles and systems for managing and modifying environmental, social and economic impacts. We have discussed the introduction of European Foundation Quality Model in Hillingdon and had presentations on this in June. Some departments have got some history of quality systems.
6.17 Ultimately we should recognise that the end user is the central focus for considering the effectiveness of systems and processes. Reviews of processes should be undertaken regularly and systems altered or completely redesigned to improve performance for the end user and to cut out waste and duplication. The inter-face between the authority’s systems and those of other agencies should be actively managed and improved. Information and Communications Technology should be used in order to improve access and effectiveness.
ACTION PROPOSED · Adoption and implementation of a quality management system for the whole Council. · Identify (from poor performance indicators) service areas which may benefit from process mapping to streamline and improve.
4. FINANCIAL MANAGEMENT
Definition
6.18 Actively managing all financial resources, investments and assets to ensure maximum benefit and minimum risk to the authority and maximum capacity to achieve the successful implementation of policies and programmes to meet the needs of service users and citizens.
6.19 Hillingdon is already monitoring budgets, dealing with variations, engaging with Members and formally consulting the business community. The public are provided with information about the budget.
6.20 However, more is required. As well as having devolved management of budgets to service heads a pro-active approach is required for income generation and debt collection. We should be looking for alternative sources of finances for investment and investigating ways to use technology to produce savings on buildings and staff. The public should be consulted on options for balancing the budget.
6.21. Members and senior officers must continue to examine the authority’s investment needs, matching these against the forecast of likely resources available from RSG, council tax, borrowing approvals, special grants, sale of assets etc., and thereafter reviewing PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 82 options and making decisions about how to bridge the gap e.g. through alternative means of procurement. New and more intensive ways of involving the public and the business community in consideration of budget matters should be considered. The Council should actively engage in developing arrangements to pool mainstream budgets across council services and with external agencies in order to tackle cross-cutting issues.
ACTION PROPOSED
· Review budgeting process to facilitate alignment of service and financial planning · Introduce corporate policy on income generation and charges · Realign service budgets to comply with Best Value Code of Practice · Consult the Citizens Panel on the Three Year Strategy. · Develop financial strategy to access external resources · Establish protocol on partnership funding · Develop Action Plan to District Auditor’s Management Letter
5. PLANNING AND REVIEW
Definition
6.22 Systematic and consistent arrangements for linking vision and strategy with practical implementation throughout the authority, vertically and horizontally, and for integrating the authority’s planning and review processes with those of partner organisations.
6.23 We have made progress in this area in that we now have an annual planning process. Departments have action plans and teams are set targets with individual performance appraisal. However, our planning time-frames should cover short, intermediate and long term and all planning should incorporate clear allocation of responsibilities, realistic measures and targets. The Councils internal and external planning arrangements should be integrated with its Best Value Programme and setting specific targets in relation to the Best Value performance indicators.
6.24 All planning and review processes should be fully integrated across service areas and functions and with financial, human resource, communication and consultation planning. There should be a clear relationship between internal planning and external planning with partner organisations. The outcome of consultation should be fed consistently into planning arrangements. Monitoring, review and evaluation of plans would be undertaken rigorously and systematically. Staff should know about their personal responsibilities and be actively engaged. Planning arrangements should ensure consistency and integration.
ACTION PROPOSED · Adopt and fully implement the Performance Management framework at Appendix A · Determine member involvement in process · Ensure a standard and reliable approach by every Group to data management and monitoring
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Policy Committee – 29 June 2000 Page 83
RESOURCE IMPLICATIONS
6.25 Many of the recommendations can be implemented at no extra cost by officers although it will mean prioritising work with other commitments. In some cases such as IT systems, training, quality management systems, etc., resources will be required which are presently lacking budget allocation. Therefore, implementation will be dependent upon additional resources or budget realignment.
LEGAL IMPLICATIONS
6.26 There are no direct legal implications arising from this report.
BACKGROUND DOCUMENTS
Benchmark of the “ideal” Local Authority IDEA 12.01.00. “Planning to Succeed” Audit Commission 1999.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 84 Appendix A
PERFORMANCE MANAGEMENT TIMETABLE
2000/2001
APRIL
Services * Produce departmental Action Plan detailing a list of key objectives and tasks related to the Council’s five themes. Produce a schedule of functions detailing current performance levels and targets (using Best Value Performance Plan as base).
Compare performance levels for all services with other Local Authorities.
Agree personal performance and development agreement with individual officers, aligned to the departmental Action Plan.
Chief Executives Office
Collate and analyse results of annual Opinion Survey and circulate to Groups.
Collate and analyse feedback on Best Value Performance Plan.
MAY
Chief Executives Office and Services
Citizens’ Panel consulted on Best Value reviews. (Twice this month)
Services to determine arrangements for stakeholder consultations on service performance.
JUNE
Chief Executives Office and Services
Commence training programme for all staff to inform them about performance management and the requirements for meeting this timetable. Citizens’ Panel consulted on Best Value reviews.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 85 Services * a) commence consultation on service performance (public, users, Members, businesses, voluntary sector etc.).
b) analyse customer complaints.
Best Value roadshow to consult with community at Middlesex Show on 24th/25th.
JULY
Chief Executives Office and Services
Consider District Auditor’s to report on Best Value Performance Plan.
Start drafting Best Value Performance Plan for 2001/02.
Members and Chief Executive to carry out first quarterly review of progress against individual departmental Action Plans.
Members a) carry out Quarterly review of progress against Implementation Plans for 1999/2000 reviews.
b) receive project managers reports on progress of 2000/01 reviews
Quarterly report to Management Board on performance against targets (PI’s).
Best Value roadshow to consult with community at Hayes Carnival on 8th.
Initial roll-forward of 3-year revenue forecast and setting initial/indicative cash limits.
SEPTEMBER
Services
Services to: a) review performance indicators and targets for 2001/02 in the light of the public consultation and comparison exercises. b) review/revise service objectives
Review progress of personal performance and development agreements with individual officers.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 86 Chief Executive’s Office and Services * Consult Members, other agencies and the public on proposed service and cross cutting objectives, performance indicators and targets for the following year.
“Open Day” at end of month.
Citizens’ Panel consulted on review outcomes (Twice this month)
OCTOBER
Chief Executive’s Office
Publication of statutory performance indicators for previous financial year.
Members and Chief Executive to carry out Quarterly review of progress against departmental Action Plan.
Members a) carry out Quarterly review of progress Implementation Plans for 1999/2000 reviews b) receive project manager report on progress of 2000/2001 reviews.
* Finalise draft of Council-wide objectives.
Quarterly report to Management Board on performance against targets.
Policy Team and Best Value Steering Group to co-ordinate cross service themes for Best Value review.
Collate service information for inclusion in Best Value Performance Plan.
Chief Executive’s Office and Services
Citizens’ Panel consulted on review outcomes * Groups to submit the draft of their strategic service objectives to service Committees with resources comment.
Corporate Services
Review of out-turn for previous year and implications for forecast.
NOVEMBER
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Policy Committee – 29 June 2000 Page 87 Chief Executive’s Office
Update draft Best Value Performance Plan.
DECEMBER
Chief Executive’s Office
Update draft Best Value Performance Plan.
Chief Executive’s Office and Services
* Best Value review outcomes to be signed off by service Committees and the Best Value Sub-Committee.
Update budget report for 2001/2002.
Review of budget forecast, taking account of service committees and Government information, review of cash limits for next year.
JANUARY
Chief Executive’s Office
Members and Chief Executive to carry out Quarterly review of progress against departmental Action Plan.
Members: a) carry out Quarterly review of progress against Implementation Plans for 1999/2000 reviews
Update draft Best Value Performance Plan.
Chief Executive’s Office and Services
Services
Present quarterly report on PI performance against targets including projections to end of financial year and present to Management Board.
FEBRUARY
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 88 Chief Executive’s Office
Best Value Performance Plan to publishers.
MARCH
Chief Executives Office and Services
Members finalise budget decisions.
Chief Executives Office
Best Value performance Plan published and circulated by 31st.
Members & Officers
Think Tank sessions to review Council’s vision and priorities for the following year.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 89 Performance management schematic
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 90 REVIEW OF THE COUNCIL’S APPRAISAL SCHEME (PADA) ITEM 7
CONTACT OFFICER : Roger Hackett TELEPHONE: 01895 250579
SUMMARY
An individual employee appraisal scheme (at London Borough of Hillingdon known as PADA – Performance and Development Agreement) is an essential element of an organisation's overall Performance Management arrangements. It focuses and links the individual to Service and Council wide objectives and priorities, defines personal accountability and provides the framework to establish an individual personal development plan. An effective performance appraisal scheme is essential if a performance management culture is to be established in an organisation.
The authority is seeking to establish performance management arrangements and to instil a performance culture into the organisation. All quality organisations have good performance management systems. As part of this exercise the Chief Executive asked the Personnel Service to review the existing PADA scheme and make recommendations on how to improve it’s effectiveness in promoting a performance culture. This report summarises the findings of the review and sets out recommendations on how to update and improve the effectiveness of the PADA scheme.
RECOMMENDATIONS
1. That those Groups where there is only partial coverage should draw up plans to ensure that all staff in their Groups are covered by the PADA scheme with effect from April 2001 and that Scheme coverage across the council will be reviewed again by the HOP following this
2. That the availability of the corporate forms and guidance on the Intranet/disc for both Appraisers and Appraisees (or that produced by their Group) is highlighted to Managers and staff. That Group Scheme documentation is put on the Intranet/disc as well as being available as hard copy
3. That the core scheme arrangements (see Appendix1) that allow for Group level variation of the scheme be retained.
4. That training on appraisal skills be reviewed and reintroduced. This to be for both appraisers and appraisees and based upon a corporate model following consultation with groups on their training needs. The identification of the funding for the training needs analysis and delivery of this training to be considered by the Management Board. The induction process to ensure that all new starter/ newly appointed managers attend training as part of their induction.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 91 5. That the introduction of 360 feedback and competencies be explored and developed. Funding for the external resources needed to carry out this work to be identified. As far as the basic scheme is concerned the emphasis should be to ensure universal coverage and a consistent approach to ensure equity of treatment across groups.
6. That the scheme is focused on establishing personal accountability and training needs and is not linked to pay.
7. That the Policy Committee receives an annual report on the implementation of the scheme in each Department
SURVEY REPORT ON THE PADA SCHEME
SUMMARY OF FINDINGS
7.1 In summary the survey found that: -
q Contrary to the Council’s policy not all staff were covered by the existing arrangements
q Although all Corporate Scheme documentation was accessible via the Intranet many mangers and staff were unaware of this. Group documentation was not on the Intranet.
q Some Groups had found the ability to vary the scheme within a core framework an important aid to implementation.
q The availability of training was seen as a key and important element by everyone, that it was essential that this be reintroduced for both appraisers and apraisees and its effectiveness monitored.
q The absence of PADA training needed to be rectified and it was felt that training in these skills needed to be included as part of the induction process.
q There was no criticism of the core elements of the existing scheme. Some Groups were considering amending the corporate scheme to overcome difficulties that had arisen in those Group due to the due to previous failed attempts to introduce the scheme. The main problems however were not with the scheme but that some staff were excluded or were unhappy with the way it was carried out. For example, many appraisees felt that in the absence of any context and understanding about the impact of their managers targets, objectives and vision the onus is placed on the appraisee to construct their PADA targets.
q There are however two areas were the basic scheme could be developed, by introducing competencies and with the introduction of 360degree feedback . There was interest in some Groups in the introduction of competencies.
q Guidance on how to include Equalities targets was asked for PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 92 q Although there was some comment on linking the scheme to pay management believed that the current focus on personal accountability and training and development should be retained and no link to pay introduced.
q employees did not feel that there is a commitment to the concept of performance management and that there was inconsistency in the application of the scheme
7.2 A more detailed report on the findings of the scheme is set out below and Appendix 1 sets out the current list of core elements of the scheme.
BACKGROUND TO THE SCHEME
7.3 Training in Performance appraisal has been carried out since the mid 1980’s the current scheme was first implemented in 1992 and has been amended on a number of occasions since then. This Initial training for staff and managers was carried out corporately. Responsibility was then devolved to departments and a number of staff from departments were trained to be able to provide this training
7.4 As part of the revisions to the scheme in 1994 there was a committee decision that the scheme should
q cover all staff on an annual basis
q that the scheme would focus on training and development and on accountability and therefore would not be used as a means of assessing or introducing Performance Related Pay
7.5 This Committee decision was based upon an agreement negotiated with the Council’s trade unions
7.6 The Corporate Scheme and documentation is available in the Personnel Manual on the Intranet. From the outset the position has been that Groups can amend the corporate scheme to meet their own needs whilst retaining key core elements (see Appendix1).
THE CURRENT REVIEW
7.7 Performance Appraisal is a key element in Performance Management and it is important to ensure that it is in place and working effectively. The Survey was intended to ascertain the coverage and effectiveness of the current arrangements and highlight those areas where action needs to be taken to improve the effectiveness of the scheme and ensure that it is effective and clearly understood in its operation and covers all staff. Teaching staffs have separate arrangements and staff in schools were not covered by this survey.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 93 7.8 In conducting the survey, discussions have taken place with Corporate Directors or their representatives, Group Administration Managers; and a random selection of employees across all Groups were surveyed.
OUTCOMES OF THE SURVEY a) Coverage of the Scheme
7.9 Appraisal arrangements appear to cover all staff in the CEO Education and Housing. There is only partial coverage in other Groups, in some cases this is only senior management, in other groups it is wider but still does not cover all staff.
Recommendation: Those Groups where there is only partial coverage should draw up plans to ensure that all staff in their Groups are covered by the PADA scheme with effect from April 2001 and that Scheme coverage across the council will be reviewed again by the HOP following this b) Scheme Documentation
7.10 Many Managers and staff were unaware that all the forms and detailed guidance booklets were available on the Intranet or on disc and can be printout/downloaded. Where Groups have developed local variations there was no better awareness of the documentation and local documentation was only available as hard copy manuals
Recommendation: That the availability of the corporate forms and guidance on the Intranet/disc for both Appraisers and Appraisees (or that produced by their Group) is highlighted to Managers and staff. That Group Scheme documentation is put on the Intranet/disc as well as being available as hard copy c) Local Variations
7.11 When the scheme was introduced it was always envisaged that Groups could introduce local variations but that certain core elements of the scheme needed to be retained. The current list of these is at Appendix 1. The combination of the central guidance and the core elements were seen as providing the appropriate framework for Groups to be able to adapt the core scheme to local needs, and take on board major initiates such as Best Value. It is however essential that if the Council is to return to a common culture and standard that the core element of the scheme are consistently applied across groups.
7.12 Before Group level variations are introduced there has always been discussion between Personnel and Groups to ensure consistency across the Council. To date this arrangement has worked well and should continue
Recommendation: That the core scheme arrangements (see Appendix 1) that allow for Group level variation of the scheme be retained.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 94 d) Training
7.13 In 1992/3 responsibility for training was devolved to Groups. Staff in each Group were identified as key trainers to assist the council wide training that was planned. Based upon the training requirements expressed by Groups a limited number of courses were included in the corporate training programme until 1997/8. For that year demand for places was low and a number of courses were cancelled because of lack of attendees.
7.14 At the present time there is no training being carried out in this area. A number of groups however are reviewing their arrangements and are considering the issue of training. Any training would need to be funded by Groups, as given the size of the training programme needed and the reductions in the corporate training budget there is no corporate budget for this.
7.15 If the scheme is to be revitalised, training needs to be reintroduced and Groups need to systematically identify staff who need to attend and book them onto the course as part of a planned programme. Some Groups wish this to happen on a Group basis and are considering ways to do this. Other Groups have expressed a view that a corporate course would be more appropriate. It is important that new starters and those appointed to their first management post are given training in the scheme as soon as possible after appointment. Consequently, this needs to be formally linked into the induction training process.
7.16 It also needs to be ascertained as to whether this training should stand alone or be part of wider training on performance management.
7.17 In order to ensure consistency across the council it is recommended that the training that is provided is based around a single corporate model following consolation with Groups as to their training needs
Recommendation: Training on appraisal skills needs to be reviewed and be introduced. This needs to be for both appraisers and appraisees. This will be based upon a corporate model following consultation with groups on their training needs. The funding for the training needs analysis and delivery of this training needs to be identified by the Management Board. e) Mechanics of the Scheme
7.18 The scheme’s arrangements are line with good practice for a standard performance appraisal scheme that is not linked to pay. There does not appear to be a demand to change the basic elements and all departments have successfully introduced it to a greater or lesser extent. The scheme itself was not seen as a barrier to the introduction of appraisal provided, although, some Groups saw their ability to customise it to meet their particular needs as an important facilitate implementation.
7.19 Recent developments in performance appraisal have concentrated on two areas. Introducing competencies into scheme, and 360 degree feedback. The latter are arrangements by which appraisee provide appraisers with feedback on PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 95 their performance. The introduction of generic competencies may assist the linking of communications, equal opportunities and health and safety into the PADA scheme.
7.20 The survey revealed that there was interest in a number of Groups in introducing competencies into the scheme addressing communications, equal opportunities and H&S issues and that some were considering how this could be done. There was less interest in 360 feedback amongst mangers, although it was not dismissed as an option to introduce.
Recommendations. The introduction of 360 feedback and competencies to be explored and developed perhaps on a pilot basis. Funding for the external resources needed to carry out this work needs to be identified. As far as the basic scheme is concerned the emphasis should be to ensure universal coverage and a consistent approach to ensure equity of treatment across groups. f) Scope of the Scheme
7.21 Although the issue of linking the scheme to pay was raised the general overall view from managers was that the focus should be on using appraisal as a means of focusing personal responsibility/accountability and for developing personal training and career development plans. Currently the scheme explicitly states that there is no link with pay. Separate arrangements have been retained to withhold an increment..
Recommendation: The scheme is focused on establishing personal accountability and training needs and is not linked to pay.
EMPLOYEE FEEDBACK
7.22 A random Group representative sample of 250 people was sent a performance and development questionnaire. There was a 30% response rate. The key points from the survey were:
7.23 The majority of those who responded to the questionnaire (77%) were aware of the PADA process within their group, but only 43% had participated in a PADA interview in the last year.
q The key points raised were: -
q Lack of consistency in its implementation and use within their department
q Lack of regularity in its operation
q Lack of understanding of the purpose of the process by both appraisers and appraisees
q Lack of follow-up and training in response to issues raised during the PADA interview/process by Managers. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 96 q Feedback, from the questionnaire, regarding training suggested that appraisal training should concentrate on dealing with issues raised during the PADA rather than on the paperwork, instituting proper follow-ups and monitoring of the PADA agreement, and ensuring that training needs are identified and focus more on unit/group specific requirements.
q Flexibility in approach to addressing Personal, Career Development needs – e.g. Secondments, Work Placements. Mentoring etc.
FINANCIAL COMMENTS
7.24 The report outlines the need for training in appraisal skills to take place across the Council. The likely cost of this training would depend on the numbers that need to be trained and whether the training can be provided in-house or whether it needs to be bought in. If the training was bought in it is estimated that this would cost in the region of £30,000. If it were provided in-house then the cost would be lower at around £10,000. How the training would be delivered and funded is currently being considered by the Management Board but it is expected that it would be delivered within existing resources somewhere in the Council. If this were not the case then a further report would need to be prepared requesting specific funding from Members.
LEGAL COMMENTS
7.25 There are no specific legal implications arising from this report save that the proposals outlined will help the Council to facilitate good relations with it's employees.'
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 97 APPENDIX 1
Core/Common Requirements of Appraisal Schemes for Employees q The scheme will apply to all staff either on an individual or team basis as appropriate
q The scheme will focus on training and development and the identification of personal accountability. It will not be linked or be used as the means to introduced Performance Related pay
q There will be a full review and updating of the Performance Agreement annually usually in March or April with a interview taking place
q There will be at least one review of the Performance Agreement during the year along with an interview usually 6 months after the annual review
q All employees will have an Performance Agreement based upon the corporate model but with Group variations to meet local needs
q As a result of their PADA review all employees will have a Personal Training and Career Development plan based upon the corporate model but addressing Group Job Specific needs
q A review form summarising the outcome of the assessment interview will be completed and signed by both the employee and the manager. There will be no overall rating charts introduced
q Departments will ensure that appropriate training is provided to both appraisee and appraiser
q The scheme is intended to develop a positive and open approach to improving communication and managing performance. The scheme will not form part of the disciplinary procedure or withholding of increments.
q PADA needs to be operated as part of the Groups overall Performance Management arrangements
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 98 RACE EQUALITY ISSUES ITEM 8
CONTACT OFFICERS : D Leatham tel 01895 250569 P Williams tel 01895 250986 SUMMARY
This report informs members of the Council’s response to the Macpherson Report on the death of Stephen Lawrence, submits a work programme for the Council on the race equalities agenda and suggests progress is reported to the committee twice a year. The report also recommends that the approach adopted to race equalities is repeated within the Council for other aspects of the equalities agenda, such as gender and disability, once lessons are learned and processes are established from the race equalities exercise.
RECOMMENDATIONS
1 That the Council’s response to the Macpherson report be agreed, including reaching Level Two of the standards set out by Commission for Racial Equality by 31 March 2001
2 That the race equalities work programme previously distributed to members be endorsed, with progress reported to this Committee twice a year.
3 That the approach adopted to race equalities be repeated for other aspects of the equalities agenda once lessons are learned from the current exercise.
INFORMATION
8.1 The Macpherson report into the death of Stephen Lawrence was published in February 1999. This report included definitions of ‘racism’ and ‘institutional racism’ and contained seventy recommendations. Whilst most of these recommendations relate to the Police and the Judicial System, thirty have been identified as relevant to local authorities, either directly as a partner with the Police under the Crime and Disorder Act 1998 or indirectly through obligations under the Race Relations Act 1976.
8.2 Reports on Macpherson were submitted to the Council’s Social Justice Sub Committee on 23 March 1999 and then to the Hillingdon Racial Harassment Forum on 24 May 1999. The latter report included a series of recommended actions taken from the Macpherson report and also the Governement’s Plan of Action, which had been published on 23 March in response to Macpherson.
8.3 Since the publication of the Macpherson Report , the following positive steps have been taken in Hillingdon · The three Party Leaders have signed the Council’s Anti Racial Harassment Declaration. · A corporate Racial Harassment Policy has been introduced. · The standards set out in the Commission for Racial Equality’s document ‘Race Equality Means Quality’ have been accepted as a benchmark in the authority with the Council aiming to have reached, at least, Level Two by 31 March 2001. · Funding has been identified for some training on racial harassment and for the prosecution of perpetrators. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 99 8.4 Despite this, the response to Macpherson has not been consistent across the Council and action has not been co-ordinated or integrated. In order to address this, the Chief Executive has set up a senior corporate team to develop an overall management framework and plan of action to ensure the Council meets the Government’s requirements arising from the Macpherson Report.
8.5 One of the first actions of the corporate team was to commission an audit within each Council Group of progress on race equality issues against the Commission for Racial Equality’s standards and other important equalities performance indicators. This demonstrated, not only wide discrepancies between Groups, but also serious gaps in performance in most Groups as well as the need for additional work in the Chief Executive’s Office to establish common policies, procedures and standards to assist Council Groups in closing these gaps.
8.6 As a result of this, a work programme has been devised for all Council Groups to improve the Council’s performance. The overall objective is for the Council to reach, at least, Level Two of the Commission for Racial Equality’s standards by March 2001. It is suggested that the officers report on progress against this major programme twice yearly.
8.7 It is important that local authorities respond appropriately and in reasonable time to the Macpherson report. However, there are other aspects of the equalities agenda which the Council must also address; including the requirements of the Disabilities Discrimination Act. Pressure on resources has meant that it has taken time to focus activity in the Council on a response to Macpherson. It is suggested that, as aspects of the race equalities programme are delivered and standards / procedures are established which could apply to other areas, that the corporate team widen its remit to cover other equalities issues and seek to progress these in the same way as the for race equalities.
FINANCIAL COMMENTS
8.8 There are no direct financial implications from the proposals in the report
LEGAL COMMENTS
8.9 Section 71 of the Race Relations Act 1976 requires local authorities to carry out their various functions with due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity, and good relations between persons of different groups. The Government has introduced the Race Relations [Amendment] Bill which is its legislative response to the MacPherson Report. The main object of the Bill is to make it unlawful for a public authority [which includes Central Government, Local Authorities, Health Authorities and the Police] to discriminate directly or indirectly in carrying out any of it's functions. When the Bill becomes law, it will also impose a new statutory duty on a public authority in the carrying out of it's functions to eliminate discrimination and promote race equality and good race relations. This duty will be set out in detail in Regulations and Codes of Practice and will be enforceable in the first instance by the Commission for Racial Equality and ultimately, by the Civil Courts.
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Policy Committee – 29 June 2000 Page 100 8.10 It is anticipated that the Bill will become law either later this year or in the early part of 2001.
BACKGROUND PAPERS
Report of the Inquiry into the Death of Stephen Lawrence Report to Social Justice Sub Committee 23 March 1999 Report to the Racial Harassment Forum 24 May 1999
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Policy Committee – 29 June 2000 Page 101 PRIORITISED HUMAN RESOURCES STRATEGY ITEM 9
CONTACT OFFICER: Roger Hackett TELEPHONE: 01895 250579
SUMMARY
Last December the Committee endorsed a HR Strategy and asked that a further report be made on its implementation. This report sets out the progress made so far and the planned implementation of the programme for the next twelve months
RECOMMENDATIONS
1. That the Committee notes the progress made and endorses the proposed implementation plan
2. That further consultation take place with Managers, trade unions and staff
3. That the Committee agrees to six monthly progress reports being presented to it.
BACKGROUND
9.1 In December 1999 the Committee endorsed a HR strategy for the Council. This strategy was developed in order to support the achievement of the council’s overall objectives in respect of Modernisation and Best value and to provide a framework to assist the Council in raising standards of performance and to those envisaged for a Beacon council. The Committee endorsed the strategy noting that further consultation needed to take place. Further discussions have taken place with Managers and Trade Unions since that time.
9.2 Work on aspects of the strategy commenced based upon existing work programmes and deadlines that needed to be met. The full HR Strategy covered a wide range of topics and identified a considerable workload and resources gap. Clearly however if there was to be a systematic implementation of the strategy it needed to be prioritised . The opportunity to do this has now been taken in consultation with Managers and leading councillors. Nine Major priorities for the next twelve months have been established and the timescales for the implementation of these have been set out.
9.3 In some cases external resources will be needed to implement the programmes as planned. Where this is the case the resources will be need to be provided from either from existing corporate or group budgets.
LEGAL COMMENTS
9.4 If the strategy outlined in this report is successfully implemented this will help to promote good relations between the Council and its employees and it will also assist in minimising the potential for any disputes to arise.
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Policy Committee – 29 June 2000 Page 102 FINANCIAL COMMENTS
9.5 It is not clear at present whether funding will be available for all the priority needs identified. As work progresses, costed programmes would need to be considered for each issue. This is particularly the case where external resources would be required. Some aspects of the work, while being carried out from existing resources, are likely to have financial implications when implemented. It is likely that Terms and Conditions would need to be reviewed to ensure that no additional costs are incurred overall.
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Policy Committee – 29 June 2000 Page 112 GOVERNANCE ARRANGEMENTS WITH HEALTH ORGANISATIONS ITEM 10
Contact officers G Betts tel 01895 250393 D Leatham tel 01895 250569 P Williams tel 01895 250986 SUMMARY
This report informs members of discussions to date with Hillingdon’s Health organisations about possible governance arrangements with the Council, in response to the Health Act 1990 and sets out proposals for members’ formal approval and onward submission to the Social Services Committee.
The report also informs members of the Government’s proposed amendment to the current Local Government Bill to give local authorities a duty to prepare a community strategy for promoting the social, economic and environmental wellbeing of their areas, and contributing to the achievement of sustainable development in the UK and recommends officers report back with proposals to the October Policy Committee.
RECOMMENDATION
1. That the governance arrangements set out in figure A in the report be endorsed and the report be referred to the Social Services Committee for its consideration, 2. That the composition of the Joint Health and Social Care Strategy Board be agreed as set out in paragraph 10.11 [c] of the report 3. That, subject to the concurrence of the Social Services Committee, the three Party leads for Social Services be appointed as the Council’s member representatives to the Joint Health and Social Services Committee 4. That the members of the Health and Wellbeing Strategy Team be drawn from local NHS bodies, Council Groups and other local partners, subject to the concurrence of the Social Services Committee 5. That officers report back to the next Policy Committee on 31 October with firm proposals for the introduction of community planning in Hillingdon.
INFORMATION
The Duty to Co-Operate
10.1 The Health Act 1999 removed the statutory requirement for health authorities and local authorities to have Joint Consultative Committees, but imposed an explicit duty of co- operation between bodies within the NHS and between the NHS and local authorities, including Primary Care Trusts and NHS Trusts as well as health authorities.
10.2 The scope provided for partnership is extensive, encompassing strategic planning, service commissioning and service delivery and the Government is clearly expecting that local authorities and health agencies will respond creatively and introduce a more seamless and effective service for the community.
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Policy Committee – 29 June 2000 Page 113 10.3 Importantly, the duty of co-operation extends to including stakeholders and the community in establishing partnership arrangements. In particular the 1999 Act empowers local authorities and health authorities, NHS Trusts and Primary Care Trusts to pool budgets, introduce lead commissioning [ by one organisation on behalf of a partnership] and establish integrated provision of services.
The Position in Hillingdon
10.4 There are already a number of successful partnerships between Health and the Council in Hillingdon upon which to build. In addition, the Government recently approved the creation of a Primary Care Trust in Hillingdon and such Trusts have powers to enter into a wider range of partnerships than either health authorities or other health trusts because of the range of their responsibilites.
10.5 Discussions have been taking place with health colleagues to pilot the new partnership arrangements in Hillingdon for services for people with learning disabilities. Specific proposals for this will be presented to the Social Services Committee in the next cycle of meetings.
The links to Strategic Planning
10.6 The Government’s intention is for local authorities and health agencies to co- operate across a range of services, not just Social Services, since the health of communities and individuals is affected by other service areas for which local authorities are responsible, such as housing, education and the environment.
10.7 The Health Act 1999 also placed a duty on health authorities to prepare plans to improve the health of their populations and the provision of health care in their areas - Health Improvement Programmes [HIMPs] Local authorities have a responsibility to participate in the preparation of HIMPs and all partnership arrangements must be covered in them.
10.8 The links that local authorities are expected to make with other strategic plans, including community plans and with the community is illustrated from the following extract from the Government’s draft summary of its Guidance on Partnership Arrangements
The HIMP will reflect priorities identified through community planning and in both these complimentary processes, the participation and involvement of the community will be fundamental. They will also link to other strategic planning exercises such as Housing Investment Plans, Behaviour Support Plans, Joint Investment Plans, Children’s Services Plans, Drug Action Plans etc. Partnership Arrangements may well provide solutions to issues that arise in these areas.
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Policy Committee – 29 June 2000 Page 114 Governance Arrangements
10.9 A key issue for local authorities and health agencies to consider is the governance arrangements that should be put in place to manage new partnership arrangements. Given the need to develop an overall strategic direction for the Health and Social Wellbeing agenda and to make appropriate connections with other strategic plans, including any community plan, ideas around governance cannot be limited to simply managing specific partnership arrangements that might be agreed.
10.10 Discussions have taken place between the Council, Hillingdon Health Authority and the Primary Care Trust about possible governance arrangements and several models produced and amended. The model now proposed by the Council’s officers for immediate adoption is set out in figure one in this report. This model has been agreed informally as a sensible starting point for governance by the health authority and the PCT.
10.11 The following aspects of the model are particularly brought to members’ attention a] Decision making. As figure one illustrates, all decision making will remain with the Council, the PCT Board and the Health Authority as separate organisations, although some of these decisions will relate to joint working and jointly funded projects. This will ensure clarity about where accountability lies, especially for resource allocation decisions. b] The Joint Health and Social Care Strategy Board. This will succeed the Joint Consultative Committee and will endorse the overall vision and strategic direction for health and social wellbeing in the borough. It will advise the Council , the PCT Board and the Health Authority, each of which will make final decisions. This body will also approve joint service plans and the overall co-ordination of joint working. c] The Joint Health and Social Care Strategy Board membership. Bearing in mind the functions of the proposed Joint Board and following consultation with health colleagues, Hillingdon’s officers recommend the following composition for the Partnership Board · Three representatives from Health · Three council members · Three representatives from the Voluntary Sector · Director of Social Services · Chief Executive of the PCT The final decision on which voluntary groups will be represented and how needs to be agreed with the Hillingdon Association of Voluntary Groups and a possible electoral process has been mooted.
10.12 This composition reflects the composition agreed for the old Joint Consultative Committee and the officers advise that the Policy Committee approves the membership of the Board and recommends to the Whips Sub Committee that the party leads on Social Services be appointed the Council’s representatives.. d] The Health and Social Wellbeing Strategy Team. The key role of this team will be to manage the joint working between agencies and to advise the Partnership Board on vision, policy and performance. It should commission, oversee and review all specific joint working under the Health and Social Wellbeing agenda. As such it would succeed the previous corporate Healthier Hillingdon Strategy Group. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 115 e] Health and Social Wellbeing Strategy Team; membership. Again following discussions with health colleagues, the officers recommend that the members of the team are drawn from local NHS bodies, Council Groups and other local partners. The Committee is asked to endorse this recommendation. f] New Joint working. Figure one illustrates that, at this stage, the conduct and governance of the bulk of the Council’s operations and the local health agencies’ operations will continue as separate concerns. The focus of the new joint working and governance arrangements relate specifically to the Health and Social Wellbeing agenda which is primarily the responsibility of Social Services and Health. However, other Council Service Groups will be involved in specific health projects and in making strategic connections between their service plans, as required by the Government. The partnership arrangements proposed between Health and Social Services provides a possible model for developing future partnerships arrangements as part of a community strategy or plan. This issue is picked in later in the report. g] Community involvement. The Government has been very clear about the need to involve staff, the users and the community in the new partnership arrangements between Health and Social Services. The Health Authority, the PCT and the Council support and endorse this principle, but specific arrangements have yet to be worked up. The health agencies and the Council have used a range of mechanisms to engage users and stakeholders before now. However, given the range of consultation and engagement now required and the need to make connections as appropriate to other Council initiatives, such as cabinet government, scrutiny, and Best Value, more work is required between the partner organisations on proposals to engage the community without inducing ‘consultation fatigue’
10.13 A seminar for council members and non executive members of the health agencies was held in May. The questions raised and the answers given at this seminar are set out in appendix A to this report
Community Planning
10.14 The Government has proposed an amendment to the Local Government Bill currently before Parliament to impose a new statutory duty on local authorities to prepare community plans.
10.15 The draft legislation makes it clear that local authorities should take the lead in drawing in their partners and their communities in the preparation of community plans. Although community planning has been piloted in Scotland and there is experience to draw on, as yet, no specific guidance has been issued by the Government to the English local authorities. However, the Local Government Association has said that the Department of the Environment, Transport and the Regions is expected to issue draft guidance on the preparation of community strategies for consultation in June. A note of the aims and objectives, the underlying principles and the timing for community strategies set out in the draft guidance is provided in appendix B to this report.
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Policy Committee – 29 June 2000 Page 116 inevitably led to considerations of how this might fit in with community planning or even provide a model for it.
10.17 One possible model for the future resulting from this is shown in figure Two. This illustrates that, as partners such as the Police and Business are added to the Council Health and the Voluntary Sector such things as the division of the Council’s business into its current service headings will have to be reconsidered to embrace the wider agenda , just as ‘Social Services’ has been. Similar governance issues will also have to be considered, but with a wider group of participating organisations and the need to engage the community on a wider and more complex raft of matters successfully tackled.
10.18 The officers recommend that a report on community planning be submitted to this committee in October, when the Government’s intentions should be clearer. However, members are invited to comment at this stage, and in whatever form best suits them to inform officers’ thinking, particularly in relation to the model shown in figure two.
LEGAL COMMENTS
10.19 Sections 26 to 32 of the Health Act prescribe certain partnership arrangements which have been developed to give NHS bodies and local authorities the flexibility to be able to respond effectively, either by joining up existing services, or developing new, co- ordinated services.
10.20 Guidance issued by the Government on partnership arrangements sets out the aims of good governance. These are to ensure that public service bodies and the individuals within them,[whether appointed or elected members, or officers],can provide an account of ; -The performance in respect of the outcomes of the arrangement -Their operational objectives and priorities -Proper and efficient use of public money -The quality of services provided.
10.21 Key principles and issues to be borne in mind are openness, financial and performance reporting, external audit and inspection, due process and redress.' The proposals outlined in this report are in accordance with these aims and principles.
FINANCIAL COMMENTS
10.22 At this stage there are no direct financial implication from the proposals but in the medium term there are a number of issues to be aware of. Firstly the Council will need to recognise that there will be new formal arrangements for consultation necessary for any planned changes to significant areas of service delivery. This makes it important that service development is planned strategically and is not reactive to short term events. This will have implication for how the Council builds its revenue and capital strategies.
10.23 Secondly there will be additional costs associated with the preparation and maintenance of a community plan, which will need to be recognised. It will be important to identify where savings can be made by avoiding duplication with existing consultation arrangements. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 117
BACKGROUND PAPERS
The Health Act 1999 Department of Health Guidance on Partnership Arrangements DETR draft Guidance on community strategies
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Policy Committee – 29 June 2000 Page 118 Appendix A
Comments / Queries Raised at the Member Seminar on 23 May
Some of the points raised by members and others at the seminar were intended to clarify aspects of the Council’s model, where the supporting text was not clear. These have all been picked up and the model amended accordingly and so they are not addressed again below.
1] There was considerable interest in the composition of the member level partnership board [the Health and Social Care Strategy Board], in particular the councillor membership [ numbers and political balance] and the voluntary sector membership. The membership of this group is addressed in para 11[c] of the report. The recommendation is that the ratio of councillors, non executive members and representatives from the voluntary sector mirrors the position under the old Joint Consultative Committee[ 3:3;3] Actual representatives from the voluntary sector will need to be agreed with HAVS.
2] Similarly, there was interest in the composition of the officer body supporting the Strategy Board. This is dealt with under para 11 [e] of the report. Membership is recommended to come from local NHS bodies, Council Groups and other local partners, though actual representatives have not yet been suggested.
3] The position of the Health and Social Care Strategy Board in the Council system was raised and its power to make decisions. Although this body will need to develop its relationship with the Council, the PCT, the Health Authority and other partners, its role will be provide strategic advice to the existing statutory bodies which will continue to make all decisions affecting their responsibilities and budgets.
4] The need for the partnership model to fit with changes mooted for the committee system and was raised and noted by officers.
5] The need for the new Strategy Board to conduct business more efficiently than the old JCC was remarked upon and also the need for its business to be transparent and well communicated to a range of interested audiences.
6] A query was raised about how the new partnership would fit with Best Value and whether there would be any benchmarking. Officers confirmed that corporate performance indicators would be required for the joint health and social wellbeing agenda and work is underway on this.
7] A warning was raised that the Strategy Board would have to take special care not to become isolated and distant from the different communities it will serve.
8] A question was asked about how pooled budgets would work. The Director of Social Services confirmed
9] A query was raised about how members would be involved in consultation / engagement with the community. Whilst recognising that this is a fundamental requirement of the new partnership approach, all the organisations concerned will have to learn how to adopt a range of procedures to ensure effective public involvement. The Council will also need to consider how this will fit with consultation under Best value and possibly the scrutiny function.
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Policy Committee – 29 June 2000 Page 119 10] One of the health representatives asked for examples of the other areas of partnership that the Council was cultivating. Partnerships with schools and colleges to promote ‘Lifelong Learning’, with communities and environmental groups to deliver ‘Local Agenda 21’ objectives and with other providers to create new homes to tackle homelessness were mentioned to illustrate some of the many partnerships the Council is fostering.
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Policy Committee – 29 June 2000 Page 120 APPENDIX B
Draft Guidance from DETR on Preparing Community Strategies Context [1] The draft Government guidance makes it clear that the duty to prepare community strategies is linked to the wider agenda of modernisation of public services. This is intended to ensure that those organisations which deliver service to the public are better co-ordinated, more responsive to the concerns of local communities, deliver service in ways that suit the people who depend on them and take account of the needs of future generations.
[2] The duty to prepare community strategies is described as central to the modernisation of local government and the Bill will ensure that local authorities have the powers they need to work with other bodies to ensure that resources are deployed effectively to improve the well-being of their areas.
Aims and Objectives [3] In order to enhance the quality of life of local communities, community strategies must · Allow local communities to articulate their aspirations, needs, priorities · Co-ordinate the actions of the Council and of the public, voluntary and community and private sector organisations that operate locally · Focus and shape existing and future activity of those organisations so that they effectively meet community needs and aspirations
Elements of a Community Strategy [4] The guidance identifies four key components of a community strategy · A long term vision for the area focussing on the outcomes that are to be achieved · An action plan identifying shorter term priorities and activities that will contribute to the achievement of long term outcomes · A shared commitment to implement the action plan and proposals for doing so · Arrangements for monitoring the implementation of the action plan and for periodically reviewing the community strategy
Principles underlying a Community Strategy [5] The draft guidance recognises different areas will approach the elements set out above differently, but recommends the following principles underpin all community strategies; the should · be prepared in partnership with other bodies · engage and involve local communities · be based on a proper assessment of needs and the availability of resources · include systems for monitoring and review and for reporting progress to local communities
Timing [6] The draft guidance recognises that different local authorities will have reached different states of readiness to deliver community strategies and that developing the trust and co- operation between organisations and the full engagement of local communities will take time. The Government will not, therefore, prescribe a date for the completion of community strategies, but does expect local authorities and their partners to assess their progress
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Policy Committee – 29 June 2000 Page 121 against the requirements set out in the draft guidance and to set realistic and publicly agreed targets for putting in place their first community strategies.
Local Authority and Councillor Roles [7] The emphasis is clearly on local Councils to lead the community strategy process and the draft guidance advises that the process for producing strategies is as important as the final strategy itself. Councils will have to ensure wide local ownership of the process and to demonstrate to other organisations the benefits of co-ordinated action.
[8] Effective community strategies will depend on successful partnership working and and community involvement throughout the process and all councillors are seen as having important roles to play at every stage. The draft guidance identifies councillors being involved · as representatives of their wards, leading and listening to and representing the views of their community to the executive. · as members of overview and scrutiny committees identifying community needs and initiatives; possibly scrutinising and evaluating the community plan as it develops. · as members of area and neighbourhood forums and committees · as Council representatives on outside bodies, ensuring their views receive full expression in the community planning process.
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Policy Committee – 29 June 2000 Page 122 Governance grid
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Policy Committee – 29 June 2000 Page 123 Governance grid 2
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Policy Committee – 29 June 2000 Page 124 HEALTH AND SAFETY UPDATE ITEM 11
CONTACT OFFICER: Don Deacy TELEPHONE: 3587
SUMMARY
This report brings to the attention of members the work on health and safety being undertaken by the Council to ensure that it meets its legal obligations. It also highlights the fact that this pro-active approach by Directors, as well as improving performance will potentially create additional budget pressures.
RECOMMENDATIONS
1. That the Committee recognises the need for effective health and safety management in the Council’s activities.
2. That members note this report and the further actions arising from it.
3. That members are mindful that service Committee budgets must accommodate responses to Health and Safety issues.
INFORMATION
11.1 There is much written and said by various government and professional bodies on the business case for properly resourcing health and safety. The maxim that ‘Prevention is not only better, but cheaper than cure’ has been proved time and time again. In addition to this, action taken by the Health and Safety Executive such as serving Improvement Notices or Prohibition Notices or even prosecutions could seriously disrupt the provision of our services and create adverse public reaction.
11.2 In March 1999 a new Principal Health and Safety Adviser was appointed in the Central Health and Safety Unit. Following his appointment Management Board agreed a reorganisation of the Unit and its role. In September 1999 the staffing of the Unit was increased from six to nine by recruiting two trainers and incorporating the existing Council Emergency Planning Officer. In January 2000 it was agreed to change the name of the Unit from Central Health and Safety to Hillingdon Safety Services as this was felt to more accurately reflect its new role.
11.3 Management Board tasked the new Unit with six main aims:
(1) Firstly, to re-write the Council Health and Safety Policy and create a health and safety management system based on the Health and Safety Executive standard, that is documented and quality controlled. Appendix 1 sets out the basic structure of the Council’s Health and Safety Management System. A new policy has been signed by the Chief Executive, a Council Health and Safety Manual and a Council Office Safety Manual are now also in place. All documentation is available in hard copy and on the intra-net. A Council Risk
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Policy Committee – 29 June 2000 Page 125 Assessment Manual has been written and is in the process of being agreed. This will also be available in hard copy and on the Intra-net.
(2) Secondly, to support and administer the Council Health and Safety Forum and the Health and Safety Co-ordinators Meetings. Both important meetings occur on a quarterly basis and are proving to be very effective means for communications and managing health and safety issues concerning the Authority as a whole.
(3) Thirdly, to initiate a Council wide training programme in occupational safety wherever possible to national standards. Since September 1999 over 92 courses have been provided in health and safety, first aid and fire ranging from the four day Institution of Occupational Safety and Health ‘Managing Safely’ course for managers and supervisors to half day ‘Manual Handling Awareness’ course for all staff.
(4) Fourthly, to conduct a thorough audit of all Departments health and safety management systems using the nationally recognised RoSPA Quality Audit System (QSA) by qualified internal auditors. This process was started in January and to date the Social Services Department has been completed with Corporate Services and Environmental Services in the process of being audited. To date 15 LEA schools have had their health and safety management systems surveyed and associated reports recommending areas for improvement have been sent to the individual schools.
(5) Fifthly, to incorporate and increase the profile of Emergency Planning in the Council to meet Government standards. Emergency response team members have been identified and two tabletop exercises have been conducted for training purposes. Emergency planning has been included as an item on the Health and Safety Forum and the Emergency Planning Officer has directly briefed Management Board. A standard and associated guidance for emergency planning has been written for inclusion in the Council Safety Manual. An additional manual covering all aspects of emergency planning in the London Borough of Hillingdon has also been written. All documents are currently in the consultation stage and will be available in hard copy and on the intra-net once they have been agreed.
(6) Finally, To raise the profile on fire safety issues in the Council. In addition to the training courses being run by the Unit, a standard and associated guidance has been included in the Council Health and Safety Manual. To date 51 base line fire risk assessments have been conducted on Council Premises and their associated reports have been sent to the relevant managers for action.
11.4 The effect of this more pro-active approach has been to heighten awareness of health and safety issues and standards across the authority. This can only be viewed as very positive. Two departments now have dedicated officers for health and safety issues. However, there are associated costs in raising the standards such as training, replacing out dated equipment and furnishings and other measures highlighted by risk assessments conducted by managers and audits conducted by Hillingdon Safety Services. These will PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 126 invariably create budget pressures for Directors who are legally obliged to ensure that operations in their areas of concern are suitably resourced to ensure that they are as safe as possible.
LEGAL IMPLICATIONS
11.5 The HSWA and regulations made under it impose a number of stringent requirements on employers to observe health and safety matters within the workplace. The Council in its capacity as an employer has to be careful to ensure that it observes these requirements, as it is open to having enforcement action taken against it in the event of non-compliance. There are a number of enforcement measures that can be taken, which can include the service of improvement and prohibition notices. Prosecutions can also be brought against the council in the Magistrates and Crown Courts.
11.6 Although there are a number of regulations in the area of health and safety which the council is required to observe, it is worth mentioning in particular the new Approved Code of Practice and Guidance to the Management of Health and Safety at Work regulations 1999. These regulations have placed an even greater emphasis on risk assessment and staff capabilities and training. There is also a much stronger emphasis on organisations providing the necessary resources to ensure that employees conduct their work activity safely. The Council must be able to demonstrate that it is complying with the requirements of these regulations should an accident occur or the authority is inspected by an HSE Inspector.
RESOURCE IMPLICATIONS
11.7 The report updates the Committee on its continuing work on ‘Health and Safety’ matters. This involves service managers conducting risk assessments. It is likely that the planned risk assessments throughout the Council will identify aspects where improvement need to be made, and this will include bringing equipment, furnishings, and practices up to the necessary standards. In some cases there may be insufficient budget provision in those service areas to be able to finance these changes. The extent to which the existing service budgets can accommodate the changes is likely to vary across the Council, and at this stage it is not possible to judge how much this shortfall may be. Members of the Policy Committee are reminded that Council policy, reaffirmed in March 2000 when Council set its Revenue Budget and Council Tax, requires all service committee to contain expenditure to within their overall ‘cash limit’ budgets.
BACKGROUND DOCUMENTS
Nil
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Policy Committee – 29 June 2000 Page 127 Appendix 1
The basic structure of the Council’s Health and Safety Management System
Council policy statement of its health & safety Directors objectives
Organisation of human & material resources to Directors meet policy objectives
Planning & implementation Auditing of organisational arrangements, safety Managers by CHSU performance standards, procedures, etc
Routine monitoring, inspection, measuring Managers adherence to safety performance standards
Reviewing of the Council’s Directors health & safety Managers management systems CHSU
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Policy Committee – 29 June 2000 Page 128 GRANTS REVIEW PROCESS ITEM 12
CONTACT OFFICERS: Nigel Cramb / Brian Murrell TELEPHONE: 01895 - 250394 / 250612
SUMMARY
To inform the Committee on the progress made to date on reviewing the arrangements by which the Council allocates the funds it makes available to voluntary and community organisations. To agree the process and timetable for considering applications for the 2001/2002 financial year.
RECOMMENDATIONS
1 That the Committee agrees the process for assessing grants for the 2001/2002 financial year.
2 That the Committee agrees to the proposal to bring forward the timetable for the consideration of grant applications.
3 That the Committee notes the corporate team’s terms of reference.
BACKGROUND
12.1 At its meeting of 15th February 2000 the Policy Committee received a report on the proposed allocations for the 2000/2001 financial year. Whilst it proved possible to manage the reductions in the grants budget for the 2000/2001 financial year without having to significantly reduce the number or level of funding to groups, the report also noted the instruction to reduce the grants budget by £100,000 over the 2001/2002 and 2002/2003 financial years. The report acknowledged implications for the voluntary sector would be considerable and agreed that an officer group should be established to review the Council’s priorities in respect of future grant allocations.
Corporate group
12.2 In response to the Committee’s instruction a corporate group has been set up to look at ways by which the Councils service departments can become more involved and make a greater contribution to the grants process. The group has developed the following terms of reference: -
· To ensure that the allocation of financial support to the borough voluntary sector is consistent, and that each applicant meets all the requirements required in relation to financial, legal and constitutional issues. · Ensure that the Council maintains a consistent approach in relation to the assessment and allocation of grants across all departments. · To review the criteria against which applications are considered in order to ensure it remains relevant in relation to the Council’s key priorities and objectives. · To agree a way forward in relation to ensuring that the Council can make the previously agreed £100,000 reduction in the grants budget. £50,000 of this reduction
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 129 needs to be achieved for the 2001/2002 allocation, with the remaining £50,000 to be achieved by the start of the 2002/2003 financial year. · Look at ways of involving service departments in the allocations process to ensure that wherever possible department priorities are reflected in the recommendations that go to members for approval. · To consider ways of improving monitoring of grants, with a view to ensuring that the grants are being used for the purpose allocated and that the funds are being used as effectively as possible. · To involve service departments in the process of ensuring each supported group has a service level agreement. To ensure that the Council / service departments are aware of exactly what the grant covers and the level of service that can be expected. · To oversee the development of a Compact with the voluntary sector. The compact will cover all aspects of the Councils relationship with its voluntary sector. It is the Governments intention that each authority develops a compact in partnership with the local voluntary sector.
Service Priorities and Advice to applicants for financial assistance
12.3 The corporate group has agreed that the reductions in the grants budget should be achieved by the means of targeting priorities, rather than a general ’top slice’ across all funded groups. To achieve this each service department will look to identify which areas of service it regards as priority, and those groups / organisations it would recommend supporting.
12.4 The areas of service priorities identified by each department will be clearly spelt out in the advice and guidance that is contained in the application pack and sent to all groups seeking support. The service department priorities will serve to supplement the Councils corporate objectives which groups seeking funding for the 2000/2001 financial year were required to meet.
12.5 Given the requirement to reduce the budget, when assessing applications consideration will also be taken of the criteria for the award of grants previously adopted by the Council, namely: - · Those groups regarded as ‘key partners’, · groups who use Council support to secure additional funds, · groups whom through the provision of services save the Council from committing revenue funding. · Organisations that are mindful of issues relating to ethnic minority communities.
12.6 Assessing each application against the corporate objectives, the service departments key objectives and the above mentioned criteria should ensure that the organisations recommended to members for funding fully reflect the Councils priorities.
12.7 The corporate group is also looking at ways, by which the Council can meet the required budget reductions, but continue to support a range of organisations, which reflects the boroughs voluntary sector.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 130 Achieving reductions in funding
12.8 The corporate group have also acknowledged that just reducing the budget by the £ 100,000 saving required will not in its self free up any funds to either meet new bids or increase grants to certain existing groups. Most of the Council’s grants portfolio is made up of groups the Council has funded for many years, and the corporate group will be asking service departments to look closely at all the organisations currently funded to ensure that they are still relevant in terms of service priorities.
Application Timetable
12.9 The corporate team is suggesting that as the Council will need to reduce funding to groups to meet the agreed budget reductions, that it needs to give groups significantly more notice of annual allocations or rejections. The current situation whereby decisions on allocations are taken in February or March of each year does not give groups much opportunity to plan for the forthcoming financial year.
12.10 It is therefore proposed to bring forward the application process. The application process for 2001/2002 will be as follows.
Application forms will be sent out in late July / early August. Forms will need to be returned by end September. Applications will be assessed October / November. Consideration by Policy Committee – December 2000
Service Level Agreements / Monitoring
12.11 The Committee has previously agreed that that all groups in receipt of financial support from the Council should have a service level agreement and agreements are slowly being introduced. To speed up the process, it is suggested that service departments (supported by the Community Resources Team) become more involved in the process. The corporate group are also recommending that to make the monitoring process less based upon the view of the person undertaking the review, that each organisation has an agreed set of outputs against which it will be monitored. It would be the task of the service departments, to advise the Community Resources Team as to the outputs or targets for each group.
12.12 It was also agreed that with the support of the service departments that a formal monitoring review would be undertaken every six months, (currently just one formal monitoring visit per annum is undertaken). The results of the monitoring will serve to provide up to date information that will be included in the annual assessment of applications.
12.13 The corporate group acknowledges that it will not be possible to introduce SLA’s or output targets for all groups immediately, but that the process should be completed over a three-year period.
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Policy Committee – 29 June 2000 Page 131 Other Reviews
12.14 The corporate team noted that the District Auditor was also undertaking a review of the grants process and that the Council was involved in the Community Legal Service review. Both of these reviews could have recommendations / outcomes which the corporate team would want to take into account. There is a separate report on the agenda on the Community Legal Service Partnership.
LEGAL IMPLICATIONS
12.15 It is important that whenever possible, financial support to the voluntary sector is allocated on a consistent basis and that there is defined criteria against which applications for grants are assessed. This will help to minimise the risk of legal challenges against the Council.
12.16 As the grants which can be made to voluntary and community organisations vary in nature, it is imperative that that a legal power is identified before any grant is allocated and in this respect, the Borough Solicitor should be consulted prior to any allocation being made.
FINANCIAL IMPLICATIONS
12.17 The total centralised grants budget within Finance and Asset Management Sub- Committee is £1,496,000. The current Council budget strategy assumes £100,000 savings from this budget over the next two financial years (£50,000 in 2001/02 and a further £50,000 in 2002/03).
BACKGROUND DOCUMENTS
Nil
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 132 SUB-COMMITTEES – REVIEW OF THE DECISION-MAKING ITEM 13 STRUCTURE
CONTACT OFFICER: Amanda Kelly TELEPHONE: 01895 250559
SUMMARY
On 18th May 2000 this Committee agreed that the Sub-Committees set up in 1999/2000 should continue for the first cycle of meetings in 2000/2001, during which time their work would be reviewed. This report therefore sets out details of the Sub-Committees established by this Committee and an analysis of work they have completed.
RECOMMENDATIONS
That Committee decide which, if any, of its sub-committees should be retained, confirm their terms of reference and re-appoint Members to serve for the rest of the municipal year.
INFORMATION
13.1 The Council deals with its business by delegating decision-making to Committees and officers. In turn Committees may delegate responsibilities to Sub-Committees. This report sets out details of the Sub-Committees set up by this Committee to deal with business on its behalf, and the work they have undertaken over the past year.
13.2 It is important that there is clarity in decision-making and that members and officers can concentrate on important issues that matter, without being distracted by other matters or the sheer quantity of information before them. The scheme of delegation to each Sub- Committee is therefore attached so that Members can determine whether the matters delegated to its sub-committees are still relevant. It may be that some of the activities currently done by a Sub-Committee would be better done by this Committee or delegated to officers.
13.3 A number of the issues delegated to Sub-Committees concern important ongoing matters that members need to be informed about. This need has resulted in regular information reports, and members may consider whether they would prefer to get this information without the necessity of calling a Sub-Committee meeting. If this were desired it would be possible to reserve consideration of significant policy changes to this Committee, and require officers to consider alternative ways of keeping members informed of progress. This would allow matters to be dealt with without a formal Sub- Committee while ensuring that members remained informed of ongoing issues.
13.4 However, Members should not necessarily assume that because an item was for “noting” only, it did not need to come to a committee or sub-committee. Members have a duty to monitor the performance of the authority across a whole range of issues and this needs to be done formally in committee. Much of this information will come before Members in reports which are nominally for noting. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 133 13.5 Appendix 1 sets out the number of reports that each Sub-Committee dealt with last year, 1999/2000, and identifies the number of those that required a decision, as opposed to provided information.
13.6 Appendix 2 sets out the current scheme of delegation for each Sub-Committee.
13.7 In view of the decision of 18th May it is necessary to clarify what will happen after this first cycle of meetings. There are a number of options open to the Committee:
· To keep existing Sub-Committees, this would require a resolution to appoint them and their members for the remainder of the municipal year · To change the terms of reference and/or number of Sub-Committees – this would require a resolution setting out new terms of reference. Any Sub-Committees to be appointed would need to be appointed for the remainder of the municipal year and their membership confirmed. · To abolish all Sub-Committees – this would require a resolution confirming that they would not be appointed for the remainder of the municipal year.
13.8 Clearly, it would be possible to abolish all the sub-committees but it must be borne in mind that there would then be a risk of a very heavy workload for this committee.
Best Value
13.9 The Officer’s view is that this sub-committee is necessary to drive this important policy area forward over the next 18 months.
Social Justice
13.10 The Officer view is that this sub-committee could easily be abolished and its work subsumed into the Policy Committee. This would result in a higher profile for this important area.
Pensions
13.11 The Pensions Sub-Committee was established in December 1996. Prior to that date, an informal Panel meeting was held quarterly to monitor performance with the fund managers, formal decisions being taken either by the Finance Committee or by the Director of Finance under delegated authority (normally after consultation with other Panel members). The level and frequency of Member attendance at the Panel varied over the years but there was a degree of consistency which was beneficial.
13.12 At the time the Sub-Committee was established, it seemed likely that its role would be increasing owing to changes in the investment field and through changes to the range of discretionary powers under the LGPS. Neither of these materialised to any substantial degree and experience has shown that there have been relatively few issues on which the Sub-Committee has needed to take decisions resulting in action.
13.13 If the Sub-Committee were to be abolished, there would still be a need to monitor the performance of fund managers and occasionally seek Member decisions on matters PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 134 relating to the Fund. This could be achieved through Policy Committee or Finance and Asset Management Sub-Committee with relatively little addition to the workload of those bodies.
Finance and Asset Management
13.14 This Sub-Committee deals with a number of matters relating to financial administration and property and is the service committee for the Chief Executive’s Office and the Corporate Services department. If it were abolished the work could be subsumed into the Policy Committee but would obviously result in heavier agendas.
Economic Regeneration
13.15 The Sub-Committee has provided an opportunity to consider regeneration issues in greater depth, and the majority of reports have been for action. It would be possible, however, to incorporate this business into the main Policy Committee agenda as was the previous arrangement.
LEGAL IMPLICATIONS
13.16 The authority for delegation to sub-committees is s.101 Local Government Act 1927. It is a matter for this Committee to decide how it wishes to discharge the functions delegated to it. Some will be matters it wishes to deal with itself and others will be suitable for delegation to a specialist sub-committee.
RESOURCE IMPLICATIONS
13.17 If Committee is minded to discharge its business through fewer sub-committees, then in theory this may free up resources which can be deployed elsewhere. However, this is difficult to quantify and is likely in reality to result in greater efficiency rather than actual savings.
BACKGROUND PAPERS
None
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 135 Appendix 1 Sub-Committees of Policy Committee
Best Value Sub-Committee
Number of Number of Items How many items were for noting Petitions for meetings considered (including any petitions) noting 1999/2000 1999/2000 6 34 8 -
Social Justice Sub-Committee
Number of Number of Items How many items were for noting Petitions for meetings considered (including any petitions) noting 1999/2000 1999/2000 3 20 3 1
Pensions Sub-Committee
Number of Number of Items How many items were for noting Petitions for meetings considered (including any petitions) noting 1999/2000 1999/2000 4 20 6 -
Finance and Asset Management Sub-Committee
Number of Number of Items How many items were for noting Petitions for meetings considered (including any petitions) noting 1999/2000 1999/2000 4 60 16 -
Economic Regeneration / SRB Sub-Committee
Number of Number of Items How many items were for noting Petitions for meetings considered (including any petitions) noting 1999/2000 1999/2000 3 16 -
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Policy Committee – 29 June 2000 Page 136 Appendix 2 BEST VALUE SUB-COMMITTEE
DELEGATIONS TO THE SUB COMMITTEE OFFICER DELEGATION a) Regarding CCT
(1) Decisions on all stages of the award of contracts and arrangements following competition.
(2) Decisions on how the various parts of the defined activities will be packaged for the tendering process.
(3) Decisions on how the legislation will be met in terms of the required proportion of each defined activity to be subjected to competition.
(4) To receive six monthly reports on the monitoring of all contracts and in- house arrangements covered by CCT legislation. b) Regarding Best Value
(1) Manage the introduction of the principles of Best Value throughout the organisation.
(2) Advise on and guide the preparation of service committees’ service delivery plans and programme of service reviews . (3) Receive quarterly reports from service committees on achievement against their quality and cost targets.
(4) Advise service committees on action to be taken in the event of failure to meet targets.
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Policy Committee – 29 June 2000 Page 137 ECONOMIC REGENERATION / SRB SUB-COMMITTEE
References to the Policy Committee
1. Approval of Single Regeneration Budget Annual Delivery Plan and the Council’s Economic Delivery Plan.
2. Approval of proposals involving expenditure for which there is no budget provision.
Delegations to the Sub-Committee
1. To oversee and review the Council’s work on economic regeneration, including the implementation of the Economic Development Plan.
2. To receive regular reports on the progress and performance of the Council’s involvement in the Hayes/West Drayton Single Regeneration Budget regeneration partnership, both as accountable authority and as a partner organisation.
3. To receive reports on those aspects of community development that have an impact on the Council’s economic regeneration programme.
4. To receive reports and review progress on the Council’s Konver funded tourism development project and other aspects of tourism development.
5. To receive regular reports from the Uxbridge Initiative.
6. To consider further opportunities for external funding.
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Policy Committee – 29 June 2000 Page 138 FINANCE AND ASSET MANAGEMENT SUB-COMMITTEE
Note: Officer delegations are to the Director of Finance for financial matters, the Corporate Property Manager for property matters and as specified for miscellaneous matters.
1. References to the Council
(1) Major changes to financial policies and arrangements. (2) Approval of overall land strategy. (3) Budget reallocation resulting from the monitoring of the capital and revenue budgets.
2. Delegations to the Committee
COMMITTEE RESPONSIBILITY OFFICER DELEGATION
(A) Council Tax, Community Charge and National Non-Domestic Rate
1. Exercise of the Council's powers and duties in respect of the 1. Demand, collection and recovery of Council tax community Council tax, community charge and national non-domestic rate charge, national non-domestic rate and the general rate. (other than setting the level of the Council tax). 2. Imposition of billing/charging authority penalties and determination of appeals.
3. Authorisation and serving of completion notices for the purposes of Council tax and national non-domestic rate.
2. Approval and modification of the Council tax benefits scheme. Determine applications for Council tax and community charge benefit, deal with reviews and determine applications for enhancement or back-dating of benefit.
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Policy Committee – 29 June 2000 Page 139 3. The scheme for the granting of discretionary rate relief to charities Determination of applications under the scheme. and non-profit making organisations and for reducing or remitting national non-domestic rate in appropriate circumstances.
(B) Financial Management and Control
1. Approval of strategies for effective financial control and budget 1. Management of the Council's investments. management. 2. Control of borrowing.
3. Setting of interest rates on Council loans.
4. Arrangements for banking, making of payments and collection of income.
5. Specification of all accounting systems and operations.
2. Overall insurance strategy. Management of insurance arrangements.
3. Consideration of external and internal audit matters. 1. Management of internal audit.
2. Liaison with external audit.
3. Promulgation of financial regulations.
4. Superannuation fund policy. 1. Monitoring fund performance.
2. Management of the superannuation scheme.
5. Monitoring of the capital and revenue budgets.
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Policy Committee – 29 June 2000 Page 140 6. Consideration of reports on revenue and capital outturn for previous financial years.
(C) Information Technology
1. Overall policy on the Council's information technology strategy. -
2. Review of performance of contractors providing corporate - computing services to the Council.
(D) Land and Property Strategy*
1. Formulation of the strategy for the efficient management of the Establishing and maintaining mechanisms for the review of land Council's land and property holdings. and property holdings.
2. Decisions on the allocation of land between Committees where - there are competing service needs and demands.
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Policy Committee – 29 June 2000 Page 141 (E) Acquisition and Disposal of Land and Property*
1. Decisions on the acquisition and disposal of land and property not (a) Approval of terms in respect of any transaction for which in operational use and surplus to requirements. Committee authority has already been given for the acquisition or disposal of land and property or any legal interest in land and property.
(b) Approval to the granting or taking of leases, tenancies, licences, easements and wayleaves by or for the Council and approval of terms.
(c) Approval of sub-lettings, assignments, charges and alterations under leases to or by the Council.
(d) Approval of compensation, home loss, well maintained payments and removal expenses and other appropriate allowances arising from the acquisition, disposal, management or alteration of land and property.
(e) Approval to terms for the settlement of end of tenancy matters including approval to the service of notices and authorisation of compensation payments.
(f) Approval of steps necessary to collect rent and other income due to the Council.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 142 (g) Approval of steps to protect and enhance land and property managed by the Council including steps against vandalism and squatting.
(h) Approval of all action necessary to protect and enhance the Council's commercial portfolio of leases, licences and wayleaves to all external bodies including the undertaking of rent reviews and lease renewals and appointment of arbitrators the selection of tenants and approval of terms for rent reviews and lease renewals.
(i) Approval of terms for appropriation.
(j) The approval of the making of advance payments under Section 52 of the Land Compensation Act 1973 and the making of compensation payments due following the refusal of planning permission or revocation of planning permission.
(h) Approval of terms and compensation due to the Council arising from the disposal of any interest in land to another authority having compulsory purchase powers.
(F) Management of Land and Property*
1. Policy matters on the management of the Council's offices and the Allocation of office space to Departmental Groups and provision of office facilities. management of office facilities
2. Policy on the letting of the Civic Centre and the scheme for Administration of lettings including decisions on applications and concessionary charges. the granting of concessionary charges.
3. Policy on land and property held in advance of requirements.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 143 4. Strategy for the provision and operation of industrial and business units.
5. Appropriation of land between different purposes.
(G) Competitive Tendering
1. Overall management of the Council's policy on competitive - tendering.
2. Approval of tendering arrangements for services subject to See general delegation to Committees on acceptance of tenders. competition.
(H) Miscellaneous Functions
(a) Policy for the Registration Services. Proper officer for the Registration Service. (Head of Committee Services)
(b) Policy on the Council's budget contribution to the Magistrates Courts and the provision of support services.
(c) Policy on the Council's budget contribution to the Probation - Service.
(d) Overall budget responsibility for central services. Institution or defence of legal proceedings or representation of the Council in any court, tribunal or inquiry in respect of any of the powers and duties of any Committee or Sub-Committees. (Assistant Borough Solicitor (Land) or Head of Corporate Legal Services)
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Policy Committee – 29 June 2000 Page 144 PENSIONS SUB-COMMITTEE
1. To review and approve all aspects of general investment policy relating to the Pensions Fund, having regard to proper advice. Authorisation or prohibition of particular investment activities
2. To keep the Fund managers under regular review and consider annually whether existing managers should be retained. To appoint new Fund Managers when necessary.
3. Determination of share voting policy and guidelines
4. Consideration of financial implications of benefits and employment policies, including determination of matters affecting only current pensioners
5. Establishment of policies on ethical investment
6. Review of custody arrangements
7. Appointment of specialist advisers
Delegations to Director of Finance
I All administrative matters including liaison with Fund managers, and investment or disinvestment of funds
2. Instruct fund managers on specific votes, where not covered by guidelines
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Policy Committee – 29 June 2000 Page 145 SOCIAL JUSTICE SUB-COMMITTEE
1. Reference to the Policy Committee
(a) Approval of the Council’s overall strategy for the achievement of social justice within the Borough (b) Approval of proposals involving expenditure for which there is no budget provision.
2. Delegations to the Sub-Committee
(A) Co-ordination of social justice policies
1. Responsibility for the development, co-ordination, promotion, monitoring and review of Council policies in the following programme areas:-
community development community safety domestic violence equal opportunities racial harassment social inclusion
2. Approval and review of an annual work plan for the development of the Council’s policies for the achievement of social justice within the Borough.
3. Identification of service improvements and other actions needed to assist in the achievement of social justice within the Borough and to improve awareness of such issues by recommending appropriate learning and training opportunities and best practice.
4. Approval of standards, targets and performance indicators to monitor progress in the achievement of the Council’s policies on social justice.
(B) Anti-poverty initiatives
1. Assessment of the levels and patterns of poverty within the Borough and identification of priorities for action.
2. Review of relevant policies and procedures of the Council and local and national agencies
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 146 (C) Community development
1. Approval of a Council strategy for community development.
2. Review and co-ordination of Council policies, procedures and structures to ensure that services are meeting the needs of the local community in the most effective, efficient and responsive manner. (This function to be carried out in liaison with the Best Value and Economic Development Sub- Committees)
(D) Community safety
1. Approval and updating of the local crime and disorder audit
2. Development, implementation, monitoring and review of a community safety strategy for Hillingdon jointly with the Metropolitan Police and in liaison with relevant Committees, agencies, organisations and the local community.
3. Approval of community safety initiatives subject to adequate budget provision
4. Approval and review of the annual youth justice plan in liaison with the Education and Social Services Committees.
5. Responsibility for consultation with the local community on community safety and liaison with the Hillingdon Community and Police Consultative Group.
(E) Domestic Violence
1. Liaison with the Domestic Violence Forum on policies and procedures for combating domestic violence in Hillingdon
2. Consideration of the annual work plan of the Forum and review of achievements against targets.
3. Consideration of recommendations of the Forum for specific Council initiatives or changes to Council policies and procedures where these affect more than one service Committee or there is a need for Council- wide co-ordination.
4. Approval of the Council-wide strategy for tackling domestic violence.
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Policy Committee – 29 June 2000 Page 147 (F) Equal opportunities
1. Development and approval of Council policies to respond to the needs and aspirations of Hillingdon’s diverse community in order to achieve equal opportunities in service delivery and employment
2. Approval of equal opportunities initiatives subject to budget provision.
3. Consultation and liaison with people from minority ethnic communities, people with disabilities and other disadvantaged groups and their representatives.
4. Approval of training and development programmes and other initiatives aimed at raising awareness about equal opportunities throughout the Council.
(G) Racial harassment
1. Liaison with the Hillingdon Racial Harassment Forum on policies and procedures for tackling racial harassment in Hillingdon.
2. Consideration of the annual work plan of the Forum and review of achievements against targets.
3. Consideration of recommendations of the Forum for specific Council initiatives or changes to Council policies and procedures where these affect more than one service Committee or there is a need for Council- wide co-ordination.
4. Approval of the Council-wide strategy for tackling racial harassment.
(H) Social inclusion
1. Review and amendment of Council policies and procedures to achieve social inclusion in the light of best practice identified by the Social Exclusion Unit and other bodies.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 148 REVIEW OF DECISION MAKING STRUCTURE – ITEM - 14 DELEGATIONS TO OFFICERS
CONTACT OFFICER: Amanda Kelly TELEPHONE: 01895 250559
SUMMARY
On 6th April 2000 the Council considered a report that amongst other matters proposed a new scheme of delegation to officers. These had been previously considered by Council, Whips, Chairmen and party spokespersons, and on 6th April it was agreed that each service Committee should be consulted on the proposals. The proposed general delegations to Chief Officers and those under the remit of this Committee are therefore attached at Appendix 1, with the current delegations set alongside them for comparison. The complete set of delegations are attached, reflecting the corporate position this Committee holds. Over service Committees have had the opportunity to consider their own delegations. The 2 systems of delegation have many similarities but it is not always possible to show a direct comparison between delegations, for example when a number of specific delegations are rolled up into one more general delegation.
RECOMMENDATION
That it be recommended to Council that the proposed officer delegations under the remit of this Committee, as set out in column 2 of Appendix A be adopted.
INFORMATION
14.1 The proposed delegations to officers were developed following analysis of the current delegations, redrafting them to ensure greater clarity, and adding some additional delegations in an attempt to ensure greater efficiency. One ground of appeal used by people seeking judicial review or charges of maladministration could be that the decision they objected to was not made under valid powers. It is therefore important that there is total clarity in respect of where the authority for a particular decision lies. This the new scheme of delegations aims to achieve.
14.2 Since the proposed delegations were considered by Council on 20th April 2000 a number of the proposed delegations have been updated. This reflects comments from Group Directors and better relates the delegations to local circumstances. A proposed new delegation added since 20th April 2000 is to authorise the Corporate Director of Corporate Services to designate approved PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 149 duties for members to claim travelling, subsistence and dependent care allowances. Currently a duty cannot be approved for payment without Committee authority, and it may be that meetings may not be able to consider approval until after a duty has finished. As it is not possible to backdate approval for claims this could cause some inconvenience. The proposed change would allow greater flexibility in supporting members when they are on Council business.
14.3 The Committee is asked to consider the proposed delegations under its terms of reference, and any comments made on the proposed terms of reference would then be considered by Council on 13th July 2000.
LEGAL IMPLICATIONS
14.4 The provision permitting delegation to officers is Section 101 of The Local Government Act 1972 which states that a Committee, Sub-Committee or officer may discharge the functions of a local authority.
RESOURCE IMPLICATIONS
14.5 There are no financial implications arising from this report.
BACKGROUND DOCUMENTS
None
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 150 Appendix 1
Delegations to Chief Officers
Summary of Current Scheme of Proposed Scheme of Delegation Delegation
DELEGATIONS TO CHIEF OFFICERS
These have been reviewed and redrafted. This has been with a view to introducing greater clarity. Delegations are to the relevant corporate director who may discharge the function through one of his/her staff.
SECTION A: COMMON POWERS DELEGATED TO THE FOLLOWING OFFICERS:- Can implement : · Operational matters involved in a) the Chief Executive implementation of Council policy b) Corporate Directors · Manage budgets 1. In performing any function the · Approve unavoidable additional Chief Executive/Director must expenditure provided it can be comply with Standing Orders, met by underspend elsewhere Financial Regulations and within that Committee’s budget other Corporate Standards (reporting to next Committee if it cannot be met within budget) 2. To take any steps necessary for the day to day · Place orders in cases of extreme management and urgency where there was no administration of any matters budget provision (reporting to next within the designated area of Committee) responsibility and to take overall responsibility for the performance of their service PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 151 Summary of Current Scheme of Proposed Scheme of Delegation Delegation · Write off income due to the area. Council, deficiencies in stocks / stores and dispose of surplus 3. To take all such action as asets upto £5,000, reporting to ordinarily falls within the scope Committee on a quarterly basis of professional responsibility and deal with all other matters · Staffing matters, including delegated or to be delegated terminating employment by Council, Committee or the Chief Executive. · Make and waive charges for Council services, subject to 4. To manage any budget for overall scheme of charges agreed which the Director has lead and subsequent report to responsibility within the Committee approved cash limit, provided that no action is taken which · Management and letting of would result in growth in future premises under that officer’s years or which would affect a control budget which is not under the chief officer’s direct control. · Waive contractual standing orders where waiting for a meeting of the 5. To appoint external next meeting of Committee (where consultants to advise on any to not do so would detrimentally matter concerning the affect the Council) subject to efficiency or organisation of report to Committee services.
· To not seek competitive tenders / 6. To exercise the council’s quotes in limited circumstances functions in obtaining (so 62,63) subject to report to registrations, licences, Committee certificates or other similar documents required by the · To seek tenders where there is no council, its officers or in select list (so 65(3)) respect of its premises from any authority or body not being the council. · Approval of negotiated tenders (so 65(6)) and accept tenders subject 7. To exercise the council’s right to budget provision and concurrence of group director of objection against any application made by third parties for registration, · Determine applications for ex certificates, licences, orders gratia payments not covered by and other similar matters. insurance upto £100 8. To register, issue or grant PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 152 Summary of Current Scheme of Proposed Scheme of Delegation Delegation · Payment of grants and awards to licences (not being individuals within policy directives occupational licences), of appropriate Committees notices, certificates, orders or similar documents which the · Appoint consultants within policies council are authorised or laid down by Personnel required to register, issue, Committee. grant, give or make by or under any enactment.
9. Subject to any limit imposed by the appropriate committee or sub committee, to exercise discretion in writing off or remitting in whole or in part debts due to the council, but only after all reasonable steps to recover them have been taken. Provided that no sums exceeding £5,000 shall be written off without the written approval of the Borough Treasurer.
10. Within their designated area of responsibility and subject to any corporate property standards to acquire or grant easements and leases for a term not exceeding seven years less 2 days and to acquire or dispose of any other interests in land the value of which does not exceed £50,000, provided the prior written concurrence of the Corporate Director of Corporate Services has been obtained.
11. Subject to compliance with any corporate property standards to take any steps for the proper and effective management of such property PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 153 Summary of Current Scheme of Proposed Scheme of Delegation Delegation falling within their designated area of responsibility.
12. Where power is not already delegated, to take decisions on behalf of the council where such decisions cannot conveniently wait for the next meeting of the appropriate committee or sub-committee, provided that there is prior consultation with and concurrence of the three party leaders or their appointed deputies.
13. In accordance with the Council’s Personnel Procedures, to appoint to, dismiss from and amend posts within the chief officer’s area of responsibility.
14. To agree compensation payments not exceeding £5000 under the Council’s Complaints Procedure.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 154 Powers delegated to the Corporate Director of Corporate Services
Current Scheme of Delegation Proposed Scheme of Delegation
· Establish mechanisms for review 1. To be the council’s Monitoring of land and property holdings Officer for the purposes of the Local Government and · Approve terms for any land Housing Act 1989. transactions once Committee authority had been given 2. To institute any legal or formal proceedings on behalf of the · Management of sub-lettings, council which the council could leases, home loss, expense and institute and to defend any other allowances legal or formal proceedings instituted against the council · Approval of steps necessary to and to appear by counsel or in collect rent and other income due person or to authorise an to the Council. officer to so appear in any proceedings and to verify a · All actions to protect and enhance document by signing a the Council’s commercial portfolio Statement of Truth under the of leases, licences and Civil Procedure Rules on wayleaves, including rent reviews behalf of the council and to and lease renewals and settle any actual or prospective appointment of arbitrators, proceedings. selection of tenants 3. To acquire or grant leases and · Approve terms for appropriation licences for a term not exceeding seven years less 2 · Approve payments under s 52 of days at an annual rental of not Land Compensation Act 1973 more than £20,000 (and, where a premium is paid, at a premium of less than £50,000), · Approval of terms and compensation due to the Council, 4. To acquire or dispose of any arising from disposal of any other interests in land and interest in land to another authority, having compulsory licences (that is, interests in land and licences not covered purchase orders by paragraph 1.1 above) and licences provided the value of · Allocation of office space and any such interest or licence management of office facilities does not exceed £10,000.
· Administer lettings including 5. To grant easements and decisions on applications and wayleaves over or under PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 155 Current Scheme of Delegation Proposed Scheme of Delegation granting of concessionary charges council land to 3rd parties where the proper consideration · Institute or defend legal payable is under £50.000. proceedings or representation of the Council, in any court, tribunal 6. To agree the terms of any or inquiry in respect of any powers disposal of the Council’s and duties of any Sub-Committee interest in land once it has been agreed to dispose of that interest.
7. To agree Rent Reviews.
8. To grant consent to sub-let or to assign the benefit of any lease from the Council.
9. To agree the allocation of office space to the Council’s services.
10. To take legal or equitable charges over any property or any other assets.
11. To exercise the council’s functions as Accountable Body in respect of Single Regeneration Budget Schemes.
12. To certify the minutes of the Council, a committee or sub- committee and any report to such a meeting as a true copy.
13. To designate approved duties for members to claim travelling, subsistence and dependent care allowances.
14. That the Corporate Director Corporate Services be authorised to designate approved duties for members to claim travelling, subsistence PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 156 Current Scheme of Delegation Proposed Scheme of Delegation and dependent care allowances.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 157 Corporate Director of Education, Youth and Leisure
Current Scheme of Delegation Proposed Scheme of Delegation
· Operation of scheme of Local 1. To act as the “Chief Education Management of Schools Officer” appointed under section 532 of the Education · Allocate pupils to the Borough Act 1996 or any re-enactment schools of that provision (with or without modification) including · Approve placement of pupils the School; Standards and outside the Borough and payment Framework Act 1998. of boarding and tuition fees in appropriate cases 2, In relation to all educational institutions with delegated · Assessment of pupils, approval of management, to exercise in statements of special needs and accordance with agreed provision of appropriate education staffing procedures all those and support powers and duties conferred on the local education authority · Management of the educational which the council is bound to psychology and child guidance exercise at the request of the services Governing Body.
· Manage the education welfare 3. To exercise the LEA’s power of service intervention including the suspension of delegated · Authorise proceedings against powers from a governing body parents /guardians in cases of in accordance with the School school attendance problems Standards and Framework Act 1996. · Determine applications for grants 4. To allocate budgets for and awards within scheme agreed by Education Committee schools in accordance with an agreed scheme of delegation including the exercise of · Manage the careers service discretion under such a scheme. · Authorise proceedings concerning the employment of children and 5. To authorise assessments and young people statements of special educational needs and arrange · Authorise the client function for any necessary provision. schools meals services 6. To ensure the adequacy and PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 158 Current Scheme of Delegation Proposed Scheme of Delegation · Operate approved schemes for efficiency of Adult Education, provision of pupil transport and Youth and Community travel concession Services and Libraries, Arts and Information Services. · Approval of fairs and circuses on Council owned land 7. To provide free meals and award clothing and · Authority to serve notices and maintenance grants. arrange removal of dangerous trees on non-Council owned land 8. To arrange for transport of pupils and students. · Selection and withdrawal of library books / material 9. To provide any other benefits or services to pupils, students and educational institutions which the local education authority has a duty or power to provide under the Education Acts.
10. To award teacher training bursaries and mandatory further and higher education awards, and to award discretionary further and higher education awards according to the policy guidelines set by the Council.
11. To arrange for the control of employment of children in accordance with the local education authority’s bye-laws.
12. To allocate school places and to agree placements of children outside the borough including the payment of boarding and tuition fees in appropriate cases.
13. To exercise the powers of the LEA in respect of Education Supervision Orders, School Attendance Orders and Non- PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 159 Current Scheme of Delegation Proposed Scheme of Delegation school attendance.
14. To arrange publication of prospectuses, handbooks, etc. relating to the education service.
15. To approve visits and journeys by schools.
16. To agree premature retirement for teachers aged between 50 and 60 in accordance with Council policy.
17. To allocate sports facilities to organisations and to refund booking fees in appropriate instances.
18. To arrange the letting of all public halls and meeting room coming under the control of the Department
19. To approve applications for organised events in parks and open spaces which would not cause substantial noise or traffic problems.
20. To act on behalf of the council and to sign and issue all related notices in connection with the entering into and the termination of allotment agreements.
21. To allocate grave spaces and give approval to proposed memorial stones.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 160 Corporate Director of Environmental Services
Current Scheme of Delegation Proposed Scheme of Delegation Powers delegated to the Powers delegated to the Corporate Corporate Director of Director, Environmental Services Environmental Services
1. Enforcement of public health, 1. To exercise the Council’s environmental health and environmental functions regarding protection legislation including statutory dangerous structures. nuisance.
2. Noise abatement measures under 2. To authorise doctors’ parking appropriate legislation and operation of places after consultation with any Heathrow Airport noise insulation ward representatives. schemes. 3. To authorise waiting 3. Enforcement of the legislation for restrictions after consultation clean air and integrated air pollution. with ward representatives.
4. Operation of the grant scheme for the 4. To authorise the removal of adaptation or replacement of fireplaces abandoned vehicles and for clean air purposes. obstructions of the highway. 5. Monitoring of water supply and quality, initiation of remedial action 5. To deal with applications for where required for separate water the construction of crossings supplies to dwellings. over footways and verges.
6. Enforcement of public health, 6. To be responsible for drainage and sanitation provisions for markings and signs on the premises and clearance of highway, road or street and watercourses, ditches and ponds. for the naming and numbering of streets and houses. 7. Operation of the Pest Control Service.
8. Regulation of poisons. 7. To approve the placing of temporary features on the 9. Inspection of lodging houses and highway subject to an canal boats. indemnity being received.
10. Regulation of explosives and other 8. To make agreements for the dangerous substances other than removal of trade refuse. poisons). 9. To make decisions on 11. Regulation of offensive trades and applications for approval of PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 161 Current Scheme of Delegation Proposed Scheme of Delegation alkali works. buildings submitted in accordance with Building 12. Operation of health education and Regulations. health promotion services. 10. To make decisions on 13. Prevention, monitoring and control applications for the relaxation of the spread of infectious diseases. or dispensation of Building 14. Administration of the Health Control Regulations. Unit at Heathrow. 11. To make decisions of a minor 15. Enforcement of legislation on food, nature requiring approval for food safety, food hygiene and control. the proposed construction of buildings over sewers. 16. Authorisation of payments for the restoration of gas, electricity and water 12. To grant approvals to supplies. applications made under Building Act 1984 Section 19 17. Registration and determination of licence applications in respect of or any re-enactment thereof persons, premises and processes or in provided that the period respect of particular foods or drink. approved does not exceed three years. 18. Authorisation of applications for emergency closing orders for food 13. To approve agreements for premises, stalls or vehicles and the construction and subsequent enforcement action. dedication of new streets to be built to the standards 19. Client role for the refuse collection approved by the Council and service. to accept the free dedication 20. Management of recycling and civic of land for highways amenity facilities. purposes.
21. Client role on the operation of public 14. To exercise the council’s conveniences. regulatory and enforcement functions in the area under HEALTH, SAFETY AND EMERGENCY any enactment which is of a PLANNING MATTERS kind falling within the Environment Services 22. Enforcement of all statutory health department, including and safety provisions.
23. Approval of working arrangements (i) taking all steps in with the Health and Safety Executive connection with the and transfer of responsibility for issue or withdrawal of premises. notices, orders or other documents which the 24. Approval of emergency expenditure council is authorised or PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 162 Current Scheme of Delegation Proposed Scheme of Delegation and payments to individuals in required to serve accordance with approved policies. (ii) selecting the most effective means of MATTERS RELATING TO ANIMALS enforcement whether by agreement, works in 25. (a) Inspections, licensing and enforcement of animal health and default, prosecution or welfare provisions including markets, otherwise fairs, circuses, zoos, pet shops, slaughterhouses, dangerous wild (iii) authorising or animals, transit or animals and appointing officers to establishments for riding, breeding and act in matters arising boarding of animals (except in relation under any such to dogs). enactments.
(b) Inspections, licensing and 15. To carry out work of enforcement of animal health and demolition and secure vacant welfare provisions including breeding and boarding in relation to dogs. sites.
26. Operation of the Dog Warden 16. To authorise the erection and Service. resiting of bus shelters, stopping places, signs or 27. Operation and enforcement of other objects in highways or statutory provisions concerning stray streets and the erection or dogs, guard dogs and rabies. removal of post boxes, stamp vending machines, direction TRADING STANDARDS, WEIGHTS signs of a temporary nature AND MEASURES AND CONSUMER and other objects to be sited PROTECTION MATTERS in the streets or highways. 28. Exercise of weights and measures functions including the authorisation of 17. To authorise temporary road notices and subsequent enforcement closures or diversions. action. 18. To be responsible for minor 29. Exercise of trading standards, traffic management consumer safety and consumer measures. protection functions and the authorisation of notices. 19. To be responsible for Traffic Management Orders required 30. Enforcement of policies covering in cases of urgency or shop opening hours and determination of applications for the suspension of emergency where road safety general opening hours. is concerned.
31. Determination of applications for 20. To grant or refuse additional night cafes. (See also delegations to visitor permits in respect of PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 163 Current Scheme of Delegation Proposed Scheme of Delegation Appeals Panel). residences falling within a controlled parking zone. 32. Determination of applications for street trader’s licences and temporary 21. To revoke any Disabled markets and enforcement action as Persons Parking Place which necessary. is no longer required 33. Regulation of furniture trade materials. 22. In consultation with the ward councillors, to consider any 34. Operation of consumer advice and objections received as a result education services. of the Public Advertisement of Traffic Management Schemes LICENSING MATTERS and to act on behalf of the council in approving such 35. Exercise of miscellaneous schemes. licensing/registration functions including determination of applications for 23. To grant licences for street licences or registration for nursing agencies, accommodation agencies, trading, night cafes and public scrap metal dealers, game dealers, entertainment and any other establishments, acupuncturists, activities where the Council is tattooing, ear piercing or electrolysis and the relevant licensing enforcement action as necessary. authority, except for betting and gaming, where the 36. Exercise of miscellaneous Corporate Director, Corporate licensing/registration functions including Services, carries out the determination of applications for licensing function. licences or registration for sale of goods by competitive bidding. 24. To authorise the granting of 37. Determination of applications for licences for the erection and entertainment licences and approval of maintenance of illuminated changes to the technical regulations, and projected canopies. rules, standards, guidelines or criteria governing public functions. (See also 25. To have responsibility for delegations to Appeals Panel). Health and Safety within the Council. 38. Determination of applications for permits under betting and lotteries 26. To authorise the Chief legislation. Inspector of Weights and Measures to exercise all the 39. Authorisation of Council objections powers of the council in to the granting of a track betting licence. relation to trading standards and as a weights and HIGHWAYS MATTERS measures authority.
40. The service of notices and/or 27. To have responsibility for the PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 164 Current Scheme of Delegation Proposed Scheme of Delegation counter-notices on public utility local land charges service and undertakers in relation to the breaking to act as proper officer in up of streets. (Bus shelters - 25/6/96 relation to any enactment C&E). relating to local land charges.
41. Administration of the New Roads Planning and Street Works Act 1991, Part III (Street Works) on behalf of the Council as the Street Authority. (Control co- 28 To make decisions on the ordination of street works and council’s following functions enforcement). as Local Planning Authority:
42. To approve applications under 29 Planning applications under Section 38, Highways Act 1980 - Part III of the Town and Construction of New Streets. Country Planning Act 1990.
43. To authorise the adoption of streets 30 Applications for approval of and drains constructed under reserved matters (as defined agreements with the Council. by a Development Order) or 44. To authorise emergency repairs to pursuant to a condition private streets in accordance with imposed on the grant of Section 230(3) of the Highways Act Planning Permission or Listed 1980. Building Consent or Conservation Area Consent or 45. The adoption of footpaths and Advertisement Express streets as highways maintainable at Consent. public expense. 31 Determinations pursuant to 46. The authority to make final Part 24 of Schedule 2 of the apportionments for any private street work undertaken by the Council, as Town and Country Planning Highway Authority, in accordance with (General Permitted Section 211 of the Highways Act 1980. Development) Order 1995.
47. The authority to issue all notices, 32 Decisions on council consents, approvals, orders, demands, applications under Regulation licences, estimates and other 3 of the Town and Country documents authorised or required by or Planning General Regulations under Section 321 of the Highways Act 1992. 1980.
48. Determination of applications for any 33 To determine the council’s purpose allowed by legislation (Highway stance in respect of appeals Management). lodged with the Secretary of State against non- 49. Control of street lighting, direction determination within the signs, highway seats and other street statutory 8-week period for furniture. types of development which PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 165 Current Scheme of Delegation Proposed Scheme of Delegation would otherwise fall to be 50. Preparation and maintenance of the determined by the Corporate definitive RIGHTS OF WAY map. Director of Environmental Services. 51. Authorisation and issue of street litter control notices. Consultations on Crown 52. All matters concerning applications Development under Circular for street trading licences. 18/84.
53. Authorisation, subject to legal 35. Applications for Listed advice, of legal proceedings under Building Consent for street trading legislation. alterations to Listed Buildings.
54. Supervision of reservoirs in 36. Consultations with other Local accordance with the Reservoirs Act Planning Authorities in all 1975 and the appointment of an cases which do not have a Inspecting Engineer; Construction major impact on the borough. Engineer; and Supervising Engineer as and when required by the Act. 37. Applications for Advertisement 55. Determination of authorisation of Consent under Section 220 of parking bays on the highway for the Town and Country disabled people. Planning Act 1990 and the Town and Country Planning 56. Removal of abandoned vehicles. (Control of Advertisement) Regulations 1992. 57. Removal or prevention of obstructions of the highway. 38. Applications for Certificate of Lawfulness of existing use of TRAFFIC MATTERS development and Certificate of Lawfulness of proposed 58. To determine AA/RAC temporary direction signs applications. use or development under Sections 191 and 192 of the 59. Authorisation of making of Traffic Town and Country Planning Regulation Orders. Act 1990.
60. The authorisation of the making of 39. To authorise the making of temporary Traffic Regulation Orders Tree Preservation Orders (TROs). pursuant to Sections 198 and 201 of the Town and Country 61. Officer named for the purposes of Planning Act 1990 and obtaining confidential information in subsequently to confirm such pursuance of parking offences. Orders. 62. Making of Orders under the Town and Country Act - to permit vehicles to 40. Applications for consent pursuant to an Order under PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 166 Current Scheme of Delegation Proposed Scheme of Delegation use highways in cases where they Sections 198 and 201 of the would not otherwise be permitted. Town and Country Planning Act 1990 in respect of topping, 63. To permit vehicles to use highways lopping and felling of trees. in cases where they would not otherwise be so permitted. (In accordance with 41. The enforcement of control the provisions of Orders made under the Town and Country Planning Act). over advertisements under Sections 224 and 225 of the 64. Officer who shall waive, in Town and Country Planning exceptional circumstances, fees, Act 1990 as amended by charges and notice in car parks and in Section 10 of the London respect of on-street, footway and verge Local Authorities Act 1995 parking. together with advertisement removal under Section 11 of 65. Response to consultations from the London Local Authorities transport operators on minor changes to Act 1995. timetables, routing and charges. 42. Powers in relation to 66. Approval of waiting and loading restrictions, where no objections have Enforcement Notices, Stop been received. Notices Planning Contravention Notices and 67. Approval of pedestrian crossing Breach of Conditions Notices facilities. under Sections 1 and 2, 172- 173A, 183, 171D and 187A of 68. Approval of scheme details for traffic the Town and Country management schemes where the Planning Act 1990 together principal has already been agreed by with the Execution and cost of Committee. Works required by 69. Determination of roads to be enforcement notice pursuant exempted from footway parking to Section 178 of that Act. controls. 43. The authorisation of a person BUILDING CONTROL MATTERS to enter land with or without a warrant pursuant to Section 70. The naming and renaming of streets 198A, 196B, 214B and 214C and buildings, the numbering and of the Town and Country renumber of buildings. Planning Act 1990.
71. All functions in relation to dangerous 44. The power to require the structures/buildings including securing proper maintenance of land the removal of dangerous structures/buildings, and the service of which is adversely affecting notices under the Building Act 1984 (in the amenity of a as far as they relate to dangerous neighbourhood under Section structures/buildings) and employing 215 of the Town and Country contractors to carry out emergency Planning Act 1990. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 167 Current Scheme of Delegation Proposed Scheme of Delegation works. 45. The power to require 72. Those functions and duties relating information as to interests in to the administration and enforcement of land pursuant to Section 330 the Building Regulations and allied of the Town and Country legislation:- Planning Act 1990 and (i) determination of Full Plans applications and Building Section 16 of the Local Notices submitted under the Building Government (Miscellaneous Regulations; Provisions) Act 1976. (ii) the checking and verification of certificates submitted by approved 46. To determine the procedure persons adopted by the local Planning (iii) the checking of notices and Authority by which an appeal certificates other than in to the Secretary of State will (ii) above, given under the Building be dealt with. (Approved Inspectors, Etc.) Regulations; (iv) determination and vetting of 47. Any of the above functions appropriate fees; and (v) the service of notices under the where the Planning Building Regulations and Building Act Committee has considered 1984 (in so far as they relate to the the matter but has resolved Building Regulations). that the final decision can be made by officers provided no 73. All functions in relation to:- further objections have been (a) ruinous and dilapidated buildings received. and neglected sites; and (b) demolition of buildings including the 48. To receive for deposit the list service of notices under the Building Act of protected buildings under 1984 (in so far as they relate to ruinous the Planning (Listed Buildings and dilapidated buildings and neglected sites and the demolition of buildings). and Conservation Areas) Act 1980 and to act as proper PLANNING MATTERS officer for that purpose.
74. Determination of applications as to 49. Applications for hazardous whether planning permission is required. substances consent in accordance with Section 9 of 75. Determination of applications for the Planning (Hazardous Certificates of Lawfulness for existing Substances) Act 1990. use or Development.
76. Determination of applications for single dwellings and housing developments of less than 10 dwellings.
77. Determination of applications for changes of use of retail units, apart from those involving a loss of A1 uses. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 168 Current Scheme of Delegation Proposed Scheme of Delegation
78. Determination of applications for changes of use of industrial units apart from changes to retail uses.
79. Determination of Householder applications in the Green Belt.
80. Determination of all other applications not included in the attached schedule for which petitions of under 20 signatures have been received which are to be approved in accordance with policy.
81. Approval of details required by conditions imposed on the granting of planning permission and where there are no objections.
82. Determination of applications under the Copsewood Covenant.
83. Determination of applications for Certificates of Appropriate Alternative Development.
84. Determination of any application under the appropriate Town and Country Planning General Regulations for Council development which satisfy any of the above delegated powers.
85. Approval of responses to proposals which would have fallen within delegation arrangements if a planning application had been required, i.e. applications under Circular 18/84, consultations on applications submitted to neighbouring planning authorities and applications for determination as to whether prior approval is required under the General Development Order.
86. Approval of ancillary planning agreements and determination of related planning applications, subject to the approval of the relevant Planning Sub-Committee of the main head of PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 169 Current Scheme of Delegation Proposed Scheme of Delegation terms.
87. Authorisation of planning and highways agreements where it is considered appropriate to secure a particular objective, and which would not conflict with any of the Council’s planning policies.
88. The entering of land within the Borough for any purpose or purposes required in connection with the exercise of any statutory planning function.
89. The issue of Planning Contravention Notices.
90. The issue of Breach of Condition Notices.
91. Authorisation and issue of Enforcement Notices under the Town and Country Planning Act & Planning and Compensation Act.
92. Authorisation and issue of Enforcement Notices in connection with Tree Preservation Orders.
93. All Statutory powers other than those delegated to the Planning Sub- Committees in relation to Tree Preservation Orders made under the Town and Country Planning Act and in relation to trees in Conservation Areas.
94. Determination of applications for work to trees covered by a Preservation Order in accordance with the above delegated powers.
95. Action requiring the removal or obliteration of unauthorised advertisements.
96. Serving of building preservation notices.
97. Responses to consultations on PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 170 Current Scheme of Delegation Proposed Scheme of Delegation plans and policies of local authorities and other bodies which do not conflict with existing council policies.
(See separate schedule of major/contentious applications which will be reported to Committees).
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 171 Corporate Director Housing
Summary of Current Scheme of Proposed Scheme of Delegation Delegation . Powers delegated to the Corporate Director of Housing
1. To exercise the council’s · Management and maintenance of regulatory and enforcement tenancies, estates and local functions in relation to housing offices within approved policies in the area under any and conditions of tenure, including enactment including consultation with tenants etc; and operation of regular quality (i) taking all steps in assessment surveys of tenants connection with the and lessees issue or withdrawal of notices, orders or other · Management as client of documents which the tenancies for shops; operational council is authorised or management of shop tenancies required to serve (informing Chair and Vice-Chair of applications for possession (ii) selecting the most orders) effective means of enforcement whether by · Approval of housing maintenance agreement, works in schemes as client default, prosecution or otherwise · Management of the housing maintenance scheme as client (iii) authorising officers to act in matters arising · Management of the Housing under any such Capital Programme relating to enactments. housing within resources allocated. Details of adjustments 2. To approve rehousing in to programme to be confirmed by accordance with current the Housing and Maintenance policies and appropriate Sub-Committee legislation.
· Administration of schemes under 3. To authorise payments of Housing Development improvement grants, home Programme insulation grants and creditors’ accounts in accordance with · Management of programmes for regulations. social housing grant funded 4. To authorise refunds of rent in PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 172 Summary of Current Scheme of Proposed Scheme of Delegation Delegation schemes appropriate cases.
· Administration and enforcement of 5. To assess housing rents in Committee set policies relating to accordance with council policy. private sector housing functions, including recovery of costs 6. To operate the building society support lending scheme on · Administration of schemes to behalf of the council. secure new homes, within Committee set policies 7. To exercise the council’s statutory discretion in connection with improvement grants.
8. To exercise the council’s functions regarding the restoration of gas, electricity and water services for tenants.
9. To exercise the council’s functions in deciding whether or not applicants for housing assistance are intentionally homeless and therefore ineligible for such assistance.
9. To act on behalf of the council in agreeing the terms for the sale of any interest in land where the council is obliged by the Right to Buy legislation to sell or has discretion to sell to secure tenants under the Housing Legislation subject to obtaining the appropriate statutory consents.
10. In relation to residential property to grant secure tenancies (including joint tenancies), licences, wayleaves and other occupational rights and to do all that is necessary to ensure PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 173 Summary of Current Scheme of Proposed Scheme of Delegation Delegation compliance with the terms of such rights once agreed.
11. To approve the institution of eviction proceedings in appropriate cases.
12. To take all steps to comply with the Council’s obligations under the Tenancy Conditions.
13. To assess, agree and authorise the payments of compensation including home loss and disturbance payments and claims regarding the acquisition of or depreciation in interests or rights in land.
14. To approve the making of Housing Act advances in accordance with the council’s scheme and to secure recovery of all sums owing to the council thereunder including where appropriate the exercise of rights of sale, to vary the rate of interest charged on Housing Act advances and to effect the discharge of mortgages.
15. To enter agreements with tenant management organisations.
16. To operate the housing, community charge and council tax benefit Scheme
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 174 Corporate Director Social Services
Summary of Current Scheme of Proposed Scheme of Delegation Delegation Powers delegated to the Corporate Director of Social Services
erm “Director of Social Services” relates to the director of social services appointed in accordance with the Local Authority Social Services Act 1970.
The Director of Social Services shall have the following delegated powers:
1. To exercise the council’s powers and duties as social services authority when · To provide services for people decisions are required with disabilities, including regarding the personal welfare maintaining registers of people of any individual. with disabilities, operate day centres, approve home 2. To exercise the council’s adaptations and equipment etc, powers and duties for the provide home based support, purpose of implementation of provide support with travel and community care. advice and support for people with disabilities and their carers. 3. To create legal charges on property to secure sums · Provide support for people with outstanding in relation to (i) mental illnesses, including support residential care charges or (ii) and advice; operation of homes, other charges under statutory hostels and day centres for people provisions which fall to be with mental illness; provision of discharged by the local social adult care placements for people services authority. with mental illness 4. To authorise officers to attend · Liaise with Health Authorities, court to give evidence on including provision of a hospital behalf of the council and to social work service and joint represent the council in schemes; promotion of co- magistrates’ courts in matters operative working with other involving children. organisations on alcohol, drugs, 5. To register or regulate any PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 175 Summary of Current Scheme of Proposed Scheme of Delegation Delegation substance misuse and HIV/AIDS person or body for which the local social services authority · Provide advice, support and has responsibility in that financial assistance to children respect. and families, including taking into Council care; placing children in 6. To make decisions on behalf of suitable accommodation and the council as adoption decisions affecting their welfare, agency. operate nurseries, homes and hostels; registration and 7. To act as a Receiver in inspection of private day nurseries appropriate cases and to and residential homes for children, recover expenditure related child-minders and play groups; thereto. approve arrangements for fostering, adoption and appointment of guardians; and working through the Area Child Protection Committee promote co- operative working arrangements for dealing with child abuse.
· Make provision for care of elderly people through day centres and residential homes; provision of day care services as appropriate.
· Operate travel support for social service clients including transport to/from facilities; liaise with other transport organisations, operate orange-badge scheme, permits for concessionary travel
· To administer grants as agreed by Committee policy
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 176 Borough Treasurer
Current Scheme of Delegation Proposed Scheme of Delegation Powers delegated to the Borough Treasurer
· Demand, collect and recover 1. To act as and exercise the Council Tax, community charge, functions of the “chief finance business and general rates officer” meaning the officer designated under section 151 · Impose billing/ charging penalties of the Local Government Act and determine appeals 1972
· Authorise and serve completion 2. To exercise the council’s notices for Council Tax and functions regarding the national non-domestic rates demanding of General Rate, Empty Rate, Community · Determine applications for Council Charges, Community Charge Tax and Community Charge Penalties, National Non- benefit, deal with reviews and Domestic Rate and the Council determine applications for Tax and the collection and enhancement or backdating recovery of all sums owing in respect thereof and regarding · Determine applications under all matters involving valuation scheme for rate relief to charities for rating purposes, and for and non-profit making these purposes to authorise organisations officers to represent the council in magistrates’ courts, · Manage the Council’s investments the Local Valuation Court or the Valuation and Community · Control borrowing, including Charge Tribunals. interest rates 3. To implement the council’s Treasury Management · Arrangements for banking payments and collection of Scheme which has adopted CIPFA’s “Code of Practice for income Treasury Management in Local Authorities” and to control all · Specify all accounting systems money in the hands of the and operations Council in accordance with this CIPFA code by taking all · Management of insurance executive decisions on arrangements borrowing, investment or financing including, without · Manage internal audit and liaise limitation, the power to: - with external audit, promulgation PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 177 Current Scheme of Delegation Proposed Scheme of Delegation of financial regulations (i) to raise money pursuant to any authority to borrow · Monitoring superannuation fund performance and managing the (ii) to make temporary scheme investments of monies by way of loan provided proper security is deposited with the council’s bankers.
(iii) to make advances from the Consolidated Loans Fund or other funds held by the council.
(iv) to buy or sell investments of any kind.
4. To administer the council’s pension fund and take all decisions on entitlement to pension benefits.
5. To administer any funds which are approved by the council and which are pursuant to the effective management of the council’s finances.
4. To ensure that effective arrangements for insurance are in place and to take out insurance cover for all policies as necessary.
5. To review and amend Financial Regulations.
6. To set the rate of interest for mortgages and loans.
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Policy Committee – 29 June 2000 Page 178 Head of Committee Services
Current Scheme of Delegation Proposed Scheme of Delegation Functions delegated to the Head of Committee Services
· Operation of electoral registration 1. To act as the Electoral service and management of registration officer and the elections returning officer for local and other elections. · Proper officer for the Registration Service 2. To act as the proper officer for the registration of Births, · Appoint representatives and Deaths and Marriages. deputies to outside bodies on nomination of relevant Chief Whip
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Policy Committee – 29 June 2000 Page 179 Chief Executive
Current Scheme of Delegation Proposed Scheme of Delegation SECTION C POWERS DELEGATED TO THE CHIEF EXECUTIVE
1. To be the council’s Head of · Determination of which Council- Paid Service for the purposes wide policies require Policy of the Local Government and Committee consideration Housing Act 1989.
· Determination of which issues 2. To exercise all powers listed require Policy Committee under sections A and B above consideration 3. To authorise generally or on · Introduction and maintenance of any particular occasion an performance management officer to exercise the systems delegated powers of any other officer
4. To give directions that a delegated power shall or shall not be exercised in a particular way and on the application of delegated powers in general, except any power vested in the Director of Social Services or the Chief Education Officer.
5. To agree the terms and conditions of all staff (other than the Chief Executive and Corporate Directors) and the creation, deletion or amendment of all the Council’s personnel policies and procedures
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Policy Committee – 29 June 2000 Page 180 MODERNISING THE WAY WE WORK ITEM 15
CONTACT OFFICERS: Dorian Leatham / Amanda Kelly TELEPHONE: 01895 250569 / 01895 250559
SUMMARY
This report considers issues relating to the Government’s modernisation agenda and outlines a review of Council processes and procedures undertaken by officers following the Council decision not to proceed with a change from the current decision making structure to a leader and Cabinet model.
RECOMMENDATIONS That the Committee:- 1. Re-affirms its commitment to modernising the Council’s processes and procedures. 2. Agrees in principle to continue with further experiments in the scrutiny of Council policies by Councillors but notes that the time and resources available will be affected by decisions yet to be made on the abolition of Sub-Committees. 3. Approves the following process for the identification of areas for scrutiny:- a) Corporate Directors to identify which aspects of service/business plans for the current year would benefit from examination by a Scrutiny Panel of Councillors and to notify Committee Chairmen and Party Leads. a) Committee Chairmen and Party Leads to consult with their Party Groups on all possible areas for scrutiny and to notify the Chief Executive of their conclusions. b) Chief Executive to report to the Modernisation Working Party on the suggestions received for the Working Party to recommend the Council on the number of Scrutiny Panels to be set up and their subject areas. 4. Instructs the Modernisation Working Party to consider and report on the options for Member management of the scrutiny process in the future.
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Policy Committee – 29 June 2000 Page 181 5. Instructs officers to develop clear proposals identifying the human and financial resources necessary for the efficient and effective operation of the Scrutiny Panels.
6. Agrees in principle to rationalise pre-Committee briefing meetings for Councillors on the basis that:-
a) the purpose of briefings is reviewed and re-stated for the benefit of all concerned.
b) Member attendance will be limited to the Chairman and Vice- Chairman or Party Lead and Deputy Lead.
c) the agendas for meetings will be despatched in sufficient time for the Chairman or Party Lead to identify in advance those issues on which a briefing is required.
d) officer attendance will be limited to the Corporate Director or nominated representative and only those officers whose presence is absolutely essential
7. Agrees to consider the proposals in the officers’ report on ICT facilities for Members and training for Members as part of the agenda item on Members Allowances and Facilities (Item 17)
8. Instructs officers to review the terms of reference of all the Council’s Committees and Sub-Committees in order to limit the number of reports to key policy decisions and to clarify the respective roles of Members and officers.
9. Requests the Whips to consider the scope for earlier start times for evening meetings but rejects the idea of day-time meetings because this would prevent attendance by Councillors and members of the public with work commitments.
10. Agrees to examine the scope for reducing the number of petitions reported to Committees and Sub-Committees and increasing the number dealt with by officers.
10. Instructs officers to report back with proposals for the future role and content of Council meetings.
11. Note that the Working Party did not reach a decision on a proposal to abolish the current procedure for the requisitioning of Committee and Sub-Committee decisions to the full Council
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Policy Committee – 29 June 2000 Page 182 BACKGROUND
15.1 At its meeting on 6th April 2000, the Council decided not to change its management structure to that of a Cabinet and Leader in advance of a change in the law. It also resolved as follows:
That the Council acknowledges the benefits gained from our scrutiny experiments and agrees to restructure the committee system to allow for the inclusion of a number of new Scrutiny Committees/Panels. Council therefore instructs the Corporate Director of Corporate Services to consult with Party Leaders and Chief Whips and to report to the Annual Council meeting with proposals for a suggested new structure together with advice on any financial implications.
That the Council also instructs the Corporate Director to suggest ways of making the new structure more efficient, transparent and accountable especially with respect to the handling of petitions and information reports to Committees.
15.2 In the event, although there were some proposals on the table with regard to the rationalisation of the Council’s Sub-committee structure, no changes were made on 18th May but each Committee was asked to review its sub-committees in the first cycle. The decision on further scrutiny exercises was deferred pending reports from the three pilots.
THE MODERNISATION AGENDA
15.3 The Government’s modernisation agenda for local government presents a number of significant challenges for local authorities and Hillingdon has much work to do if it is to respond to modernising the democratic process. The agenda is not simply new democratic structures but much wider and encompasses issues such as · Best Value · E-government/e-services · Partnership in Action · The Single Capital Pot – Capital Investment Strategy and Asset Management Plans · Community Leadership · Community engagement · The “power of competence” · The Ethical Framework – codes for Members and officers.
15.4 All of these will force local authorities to review how they operate and evolve new ways of working. Hillingdon will have to respond but perhaps one PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 183 difference is that other authorities have implemented new ways of working over the past few years which means that they are better placed to respond quickly to government demands. The fact that there is no overall political control of this authority has not assisted the implementation of the democratic process.
15.5 Regardless of whether or not the Council introduces new scrutiny exercises, it will need to examine how it works in order to implement the Government’s agenda and bring the Council into the new millennium.
THE REVIEW
15.6 Following the Council decision in April, a small officer team has met on a number of occasions to consider · how resources could be released to enable further scrutiny exercises to be pursued and · ways in which the decision making process could be made more efficient, transparent and accountable.
Efficiency 15.7 There is general agreement that there is plenty of scope for improving efficiency. However, it is not necessarily easy to deliver efficiency improvements since Members may not agree the necessary changes. In addition, there are not likely to be many additional human and financial resources released.
15.8 This is not to say that it is not worth pursuing improvements because the Council should be striving to improve its administration in any event. However, it would be wrong to see this as the answer to the problem or providing significant resources for scrutiny.
Transparency 15.9 The decision-making process can be made more transparent by greater publication of reports and minutes and making them clearer. However, there should also be initiatives to involve the community more in what we do – public question times etc. Again these require Member endorsement.
Accountability 15.10 There is a lack of clarity in some quarters over accountability. The terms of reference of committees are unclear and the attempt to introduce greater clarity in the delegations to chief officers has been slow to take root. There needs to be a complete review of all delegated authority (officers and committees/subcommittees) so that everyone – Members, officers and the public alike – can easily identify where the responsibility for a particular decision or function lies.
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Policy Committee – 29 June 2000 Page 184 REVIEW OF COMMITTEES AND SUB-COMMITTEES
15.11 As has already been mentioned, each committee is reviewing the need for its sub-committees during this cycle. However, although undoubtedly some sub- committees have outlived their useful life and may be abolished, in reality this will not free up many resources.
15.12 Hillingdon does not have a huge committee structure, nor, in fact, many formal meetings. Nor is there a lot of extraneous material going to committee. Indeed, what is more striking is the amount of business which would in other authorities go to committee and yet does not – the most obvious example is the almost total absence of performance management information. The difficulty in fixing meetings stems from the Council’s political composition (i.e. the absence of overall political control) and the fact that there are a number of other meetings which limit the scope for additional committee fixtures.
15.13 In addition, the Committee Services section itself is very small and therefore changes will not release significant numbers of staff to do other work.
SCRUTINY
15.14 If members wish to set up more scrutiny pilots, these are likely to be more resource hungry than any sub-committees that may be abolished. They are likely to meet more often and there is likely to be more officer work outside the meetings.
15.15 There is no embryonic structure to service such new bodies. If there are to be no new resources made available then officers will have to be redirected form other work. This means that there will have to be an acceptance that whatever work they have left behind will cease to be done.
15.16 The reports of the pilots have yet to be completely finalised but, if Members are minded to experiment further with scrutiny, officers favour one scrutiny committee which would · Examine how the Council can use scrutiny to further its objectives; · Consider resourcing and make recommendations on this; · Determine the terms of reference of any scrutiny panels.
15.17 The initial work of the committee should be facilitated by the Corporate Director of Corporate Services with recommendations on the way forward and resourcing etc. being approved by Board and Members. The resourcing issues must be flushed out and pointed up for Member decision.
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Policy Committee – 29 June 2000 Page 185 MODERNISING THE WAY WE WORK
15.18 Officers have carried out a review of the decision-making processes and identified a number of possible improvements. Many of these are efficiency measures which are matters for officers alone and these are being pursued in any event. They cover matters such as the quality of committee reports, improvements to the committee process, training for Members and officers and reviewing how information is presented to Members.
15.19 However, there are other matters which require Member decisions and it is these which could potentially yield the greater amount of free resources. Therefore these are outlined below so Committee can decide which, if any, of the initiatives should be pursued.
15.20 Even if these decisions were taken, it would still be a major challenge to resource proper scrutiny without additional specialist staff.
POTENTIAL INITIATIVES
Rationalising briefings 15.21 Currently each party group receives a separate briefing for most committee/ subcommittee meetings. This is very resource intensive since it involves additional evening meetings at which officers attend to speak to their report.
15.22 It is unusual to have this system. Most other authorities simply have a briefing for the Chairman.
15.23 In addition, the system reduces the transparency of the process because questions are raised in the absence of the press and public and this seems to result in a lower level of debate at the meetings – thus frustrating the Access to Information provisions. Alternatively, the same issues are sometimes dealt with again in committee thus resulting in a duplication of effort.
Contract Standing Orders 15.24 These should be reviewed to ensure that they reflect the needs of the Council in the era of Best Value etc. they are currently far from clear and should provide a useful set of rules for managers involved in letting contracts as well as protecting the Council’s interests. Currently they are not accessible and do not accord with best value. New Contract Standing Orders are not likely to release extra resources but this initiative should be pursued in any event for other reasons.
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Policy Committee – 29 June 2000 Page 186 Financial Standing Orders 15.25 The same is true of Financial Standing Orders.
Abolishing/amending requisitioning procedure so it does not hold up implementation 15.26 This is probably more controversial. Currently Standing Orders provide that an item can be requisitioned to full Council following a committee decision and implementation of the decision is held up until Council has considered the item. This obviously slows the implementation of Council business down and often there is little likelihood of a decision being overturned.
15.27 The Council has now amended Standing Orders so that Groups can appoint substitute members of committees and sub-committees. This means that there should always be a full attendance at meetings so decisions will not be taken which would have been different if all three groups had been properly represented at the meeting. Therefore the argument for a full requisitioning procedure is harder to make.
15.28 Other authorities have similar procedures but with the Council simply debating the item referred and not being able to change the decision taken by the committee. This means that it can be implemented even though it has been requisitioned thus avoiding delay.
Initiatives on Member information/communication 15.29 Officers are in any event giving consideration to how information can be presented to Members outside the formal committee process. Clearly members would have to be consulted on any proposals since initiatives would bee designed to meet their needs and not those of officers. In addition, elsewhere on this agenda there is a proposal for a communications officer to work full time on communication with Members. The creation of this post requires a Member decision because the money would be taken from the increased budget for Members Allowances.
ICT for Members 15.30 Hillingdon Members are, for historical reasons, poorly served by Information and Communication technology services. There is no doubt that other local authorities who have invested in ICT for Members have seen real gains form that investment. Communication between officers and Members improves immediately and Members are able to access a whole network of information which enables them to do their jobs better particularly with regard to representing their constituents.
15.31 The Government has set a target of 2005 for 100% of services we provide to be available electronically. Officers are currently reviewing the Information Technology Strategy with a view to assisting the Council in meeting this target. If
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Policy Committee – 29 June 2000 Page 187 the Council does not invest in ICT for Members they will, quite simply, be less effective since they will not be able to operate in the world of e-government.
Training 15.32 Training is essential if Members are to modernise the way they work. Officers have tried to provide some training without resources but inevitably any programme is weaker if it is not properly resourced. Again the Members’ Allowances budget could be used to provide training for all Members which meets their individual needs.
Review of Terms of Reference of Committees etc. 15.33 This is dealt with elsewhere in this report. Currently there is confusion over exactly what is delegated to which committee. In addition, the Council should review the terms of reference of all its committees to ensure that it is managing its business as effectively as possible.
Reports to one Committee only 15.34 A simple efficiency improvement is to ensure that reports only go to one committee or sub-committee. This avoids duplication and the possibility of different Committees taking different decisions on the same item. Clearly the terms of reference need to reflect a committee’s ability to deal with the item on the Council’s behalf.
Greater delegation to Officers 15.35 This is potentially the most controversial initiative. Over the last 8 months, attempts have been made to get the Council to agree a set of “baseline” delegations so that it is clear exactly what is delegated to officers. I have been very concerned that the current delegations put the Council at risk of legal challenge. However, the delegations have yet to be agreed.
15.36 The set which is under consideration is not designed to extend delegations to officers only to introduce clarity. However, clearly one way of freeing up time for scrutiny is to extend the level of delegation to officers so that fewer items have to go to Committee for decision. Indeed, this is likely to happen once the Council has moved to a new decision making structure. Councils that have experimented with cabinet style government have found that they have had to extend delegations to officers in order to transact business more efficiently.
7pm start for meetings 15.37 There is no compelling reason why evening meetings have to start at 7.30pm. recently there have been a number which have been scheduled for 7pm or earlier and this has not caused attendance problems.
Day-time meetings 15.38 There is a perennial problem in finding a date for an extra meeting or other event such as a seminar. Scrutiny Panels/committees are likely to meet more PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 188 frequently than ordinary committees. Therefore, it is recommended that consideration is given to holding meetings during the day. This is common practice outside London. Whilst obviously daytime meetings might present difficulties for some members who are at work and unable to take paid time off, there are a number of Members who are available in the day and presumably could attend. It seems likely that some meetings at least could be scheduled in the day. This would be popular with officers particularly those with domestic responsibilities.
Petitions – review of requirements/ officer action and interface with localisation 15.39 Currently, any petition with more than 20 signatures has to be reported to committee, with a right to speak if there are more than 50 signatories. While this is one of the only ways in which residents can actually hope to influence a decision which affects them, it is often the case that an officer could simply deal with the issue raised and provide an immediate solution to the problem. It is therefore recommended that the rules governing petitions are reviewed but this needs to be in the context of the Council’s commitment to localisation.
Role of Council – moving towards role envisaged under Local Government Bill. 15.40 The draft Guidance issued in relation to the Local Government Bill envisages an important role for the full Council particularly in relation to key policies and strategies. Currently at Hillingdon (as is the case in many authorities) the Council does not really debate matters nor take many decisions. In addition, the meetings are not used as a tool to stress the accountability of elected Members to the communities which they represent. It is therefore recommend that the role and content of Council meetings is examined with particular attention being given to a role for the public at the meetings which could include a public question time for example. Whilst again this will not yield resources it will contribute to modernising the way we work and potentially introduce greater accountability.
COMMENTS OF THE BOROUGH SOLICITOR
These are included in the body of the report.
COMMENTS OF THE BOROUGH TREASURER
The report identifies a number of issues that are likely to require resources, if pursued. Such costs will have to be contained within the existing budget. It is unlikely that any significant savings can be achieved from the potential efficiency measures to offset these costs. Officer time spent at committee meetings and briefings is largely unpaid overtime – a reduction in the excess hours worked may lead to greater productivity during the normal working day but no financial benefit will accrue PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 189 CONCLUSION
There is much scope for improving the efficiency transparency and accountability of the Council’s processes. These improvements should be explored at the very least and officers asked to report back on progress. The Council needs to grasp the Government’s modernisation agenda for local authorities and implement it in Hillingdon.
However, it is unlikely that any of the initiatives set out in this report will provide sufficient resources for recycling into a large number of new scrutiny exercises. The recent pilots placed a great strain on the officers involved and it is clear that proper scrutiny will require additional resources which will be very difficult to find particularly while the Council continues to run a full committee structure.
LOCAL GOVERNMENT ACT 1972 – ACCESS TO INFORMATION
No documents which require listing were used in the preparation of this report.
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Policy Committee – 29 June 2000 Page 190 THE COMMUNITY LEGAL SERVICE ITEM 16
REPORT AUTHOR : Amanda Kelly TELEPHONE : 01895 250559
SUMMARY
This report briefs Committee on the Community Legal Service and recommends that the Council participates in a steering group with a view to forming a Community Legal Service Partnership for Hillingdon.
RECOMMENDATION
That Committee agrees in principle to participate in the Community Legal Service Partnership for Hillingdon and that the Director of Corporate Services should lead on the initiative and work with the Legal Services Commission (LSC) in establishing the CLS in Hillingdon.
The Community Legal Service (CLS)
16.1 The CLS is one of a range of measures in the Access to Justice Act designed to reform the justice system. It was launched on 1st April 2000 and is a national initiative which aims to ensure that publicly funded independent information, advice and assistance is planned and delivered in a more strategic way and that it is of good quality. All advice services are potentially within its scope e.g welfare advice, housing advice etc.
16.2 Funding for such work comes from a variety of sources – the Legal Services Commission (formerly the Legal Aid Board), local authorities and also the Lottery and other grant giving authorities. Publicly funded services are delivered in the statutory, private and voluntary sectors.
16.3 However, the quality of the services varies tremendously and the intention of the national CLS is to address this and to ensure that the provision of services matches local need and meets nationally agreed quality standards.
The role of the local authority
16.4 There is no duty on the local authority to participate in this initiative. The duty is with the Legal Services Commission (LSC) to establish, maintain and develop a service known as the Community Legal Service. However, the conventional wisdom is that without local authority involvement the initiative will not succeed.
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Policy Committee – 29 June 2000 Page 191 16.5 The CLS was piloted by a number of “pioneer” authorities, notably Hammersmith and Fulham and Southwark, and both authorities have found that they have benefited significantly from the experience. Southwark linked the CLS into it Social Inclusion work and has identified gains in this area as well as a more coherent approach to the funding of advice work in the voluntary sector which more accurately meets local need.
The Community Legal Service Partnership (CLSP)
16.6 The principal vehicle for taking the CLS forward is the CLSP. Its role is to
· Assess the need for publicly funded information, advice and assistance in their area; · Identify services which currently exist; and · Plan future provision of services to match need and fulfill quality standards.
16.7 The exact composition of the partnership would have to be agreed but it will include the LSC representative, the Council and other funders, if any. It may also include key voluntary sector players such as the Law Centre and the CAB as well as a private sector provider.
16.8 If the Council wishes to participate in the CLS the first step is to create a steering group which will later become the CLSP. The steering group will involve the Council, the LSC and local providers. Once the CLSP has been formed work will start on assessing need in the borough.
16.9 The assessment of need will be resourced by the LSC and the experience of the pioneer authorities has been used to develop a model which is intended to be used across the country.
16.10 Once need has been mapped there will be work on mapping the corresponding services provided in the public private and voluntary sector. This will enable funders to take decisions on what service should be provided to meet assessed needs.
16.11 The CLSP will work closely with the Regional Legal Services Committee of the LSC and this committee will make recommendations to the LSC on the allocation of funding to providers. This is a way to ensure that Hillingdon as a borough receives a proper level of funding to meet its needs.
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Policy Committee – 29 June 2000 Page 192 The Quality Mark
16.12 The CLS has its own quality mark and any provider wishing to be part of the CLS and display the CLS logo must achieve the minimum standards established under the qulaity mark. Services are audited by the LCS.
16.13 There are three different quality marks and the requirements reflect the level of the service. They are: Information, General Help and Specialist Help. Information providers simply provide leaflets and other reference material whereas a General Help provider must provide information but also help people to resolve their problems. A Specialist Help provider (e.g. a firm of Solicitors) will have to be able to give advice about complex legal problems.
16.14 It will be open to the Council to apply for the CLS Quality Mark but it will not be mandatory. It will however be a mandatory requirement on CLS funded services such as the CAB etc.
Relationship with Best Value
16.15 CLSPs are very much in line with the principles of Best Value. Strategic planning by CLSPs will assist local authorities in their reviews of advice services. We currently fund advice services to the tune of over £400,000 per annum.
Work to date
16.16 The Director of Corporate Services and the Borough Solicitor both attended a joint LGA/LSC conference on the service and have also met on several occasions with representatives for the LSC including our local consultant. He is the person with responsibility for establishing the service in Hillingdon. He has also met with the CAB and Law Centre and is keen to take the issue forward by convening the steering group.
16.17 It has been stressed that the resources the Council is able to commit to the CLS will be very small and consist of officer time. For this reason, the LSC consultant has indicated that he is prepared to devote more of his time to the Hillingdon partnership than to those in other areas for which he is responsible. He has also met with the Law Centre and the CAB (who have been doing some preliminary work on the CLS) and is anxious to move things on by arranging a meeting of an embryonic steering group.
16.18 The Council hosted a half-day seminar on 16th June with the CLS and the voluntary sector to promote the CLS in Hillingdon and also the quality mark. If Committee agrees the officer recommendations in this report, the first meeting of the Steering Group will be held in July.
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Policy Committee – 29 June 2000 Page 193 Benefits for Hillingdon
16.19 Officers consider that there could be tangible benefits for Hillingdon from getting involved in the partnership. These could include: · The needs analysis which will be funded by the LSC; · Quality assurance of our in house services; · A more coherent strategy for funding advice from the voluntary sector; · Local services which match need; · Quality assurance for the services which we fund; · A pass in the Best Value Audit process for this aspect of voluntary sector grants and also our own in house services; · Community Leadership. · The development of a CLS may be a possible “beacon” bid
16.20 The only disadvantage is the need to commit some officer time both at senior and less senior levels.
Housekeeping
16.21 Clearly if the Council wishes to participate in this initiative, it will need to be led at Board level. There will also be a need to involve other officers such as the Borough Solicitor, the Community Development Officer and officers in departments who have responsibility for providing advice services. In addition there must be a clear link with the review of grants commissioned by this Committee.
LEGAL IMPLICATIONS
16.22 These are contained in the body of the report.
FINANCIAL IMPLICATIONS
16.23 There is no budget for this initiative therefore any cost will have to be contained within existing resources.
BACKGROUND DOCUMENTS
The following document was used in the preparation of this report.
Report to Management Board on the Community Legal Service.
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Policy Committee – 29 June 2000 Page 194 MEMBERS’ ALLOWANCES AND FACILITIES ITEM 17
Contact Officer: Amanda Kelly Telephone: 01895 250559
SUMMARY
This report deals with the question of Members support services and appends separate proposals from the Leader of the Labour Group and the Chairman of this Committee for consideration.
RECOMMENDATIONS
That Committee decides whether or not to agree the proposals attached at appendices B and C;
That Committee decides on any other allocations for facilities for Members
That Committee agrees to allocate the sum of £30,000 for a post to work on communication with Members, to come from the £315,000 additional budget provision for members’ allowances.
INFORMATION
17.1 Members have considered the issue of Members’ allowances and support services on a number of occasions over the past few months. However, no decisions have ever actually been taken. The Council, at its meeting on 6 March 2000, approved an increase in the budget of £315,000. This, when added to the previous provision of £230,600 makes a total budget for 2000/01 of £545,600.
17.2 As well as the question of increasing allowances, Members have previously discussed the need for improvements in other support services including ICT provision, secretarial hours and training. It is clearly open to this Committee to decide that the increased budget provision is to be spent on increased facilities rather than allowances.
17.3 There have also been discussions in the past about the possibility of allocating a sum to each Group with a division between different elements being made after discussion with the appropriate leading Members. If this proposal is to be pursued it is suggested that specified amounts be approved for the three Party Groups with the Corporate Director Corporate Services being authorised to decide the allocation for each Group after consultation with the relevant Leader and Chief Whip
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Policy Committee – 29 June 2000 Page 195 17.4 If the Committee wishes to divide the approved budget between different elements there are the following issues to be considered:-
· Members’ allowances · ICT provision for Members · Other equipment · Secretarial support · Political assistants for Party Groups · Training for Members · Communication initiatives.
Members’ Allowances
17.5 The Council has previously decided to review allowances to Members in the light of the modernisation of decision-making and the recommendations of the independent review commissioned by the ALG. The budget provision agreed at the Council meeting on 6/7 March is inadequate to fund the payment of the full amounts recommended by the review and therefore if Members were minded to increase allowances some half way house would have to be adopted.
17.6 The payment of allowances to Members depends on the making of a scheme setting out the detailed provisions including the amounts to be paid and the posts with special responsibility. It is possible to amend a scheme at any time to take account of changes in individual allowances or posts of special responsibility. However the adoption of proposals to pay members of a Cabinet and Chairmen of the proposed scrutiny Committees would require the revocation of the current scheme and the making of a new scheme. The legal advice set out at the end of this report indicates that revocation can only be done at the start of a financial year.
ICT Provision for Members
17.7 It is now widely recognised within the Council that the ICT provision for Members is totally inadequate. There has never been any budget to purchase equipment. Until recently the few machines that had been provided were on loan from the ICT Section and not properly funded.
17.8 A recent pilot scheme has resulted in up-to-date machines being provided for selected Members but other Members have understandably asked when they are to get their own machines.
17.9 As part of the Council’s plans for modernising decision-making the Corporate Director Corporate Services and the Head of Committee Services have held a series of three meetings with groups of Members to discuss facilities. 17.10 The strong view expressed at these meetings is that there is an urgent PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 196 need for proper ICT provision to be offered to all Members. Officers’ advice is that the best way of doing this is for the Council to fund the necessary expenditure and for the equipment to be provided to councillor for their use on Council business for as long as they remain a councillor. Whilst this will mean significant investment initially, it will result in greater efficiency and modernise the way members work.
17.11 Appendix A sets out options and estimates of cost for the provision of equipment for all Members.
Other Equipment
17.12Some Members who are not interested in being trained in the use of computers have stated that a home fax machine would enable them to communicate more quickly with the Civic Centre. Other Members have identified the need for filing cabinets to store Committee reports and correspondence with constituents. Again there are currently no budgets for these items.
COMMENTS OF THE HEAD OF ICT
17.13 The Head of ICT strongly believes that provision of good ICT facilities can only help Members in carrying out their role and he would welcome any Member based initiative to expand use and availability. Such facilities have been available for Members for some time in other Local Authorities and there has also clearly been increasing dissatisfaction expressed by Members in Hillingdon regarding the limited facilities currently available here.
17.14 There has been a pilot scheme in place since August last year where seven Councillors have been provided with PC's in their homes, with the ability to access Council Services e.g. electronic mail and the Council's Intranet (HIPI). Although there has been no formal appraisal carried out to date (appropriate feedback questionnaires are being prepared), there has been very positive informal feedback from Members participating in the pilot, particularly in terms of improved communications and reduced need to visit the Civic Centre.
17.15 If Members support an initiative to exploit ICT facilities more widely the Head of ICT also strongly recommends that Members are trained to appropriate standards. Such training can be run during the day or on Saturdays or evenings if necessary but it is essential if Members are not to encounter difficulties. The support requirement will clearly have to be monitored carefully, but it is hoped that this can be contained within existing resources given training take-up to suitable levels. There are also other revenue implications, which need budget PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 197 provision for items such as consumables and line rental after the first year.
17.16 Some aspects of the proposal from the Leader of the Labour Group are viable only if suitable specification PC’s or laptops are available to be used in conjunction with the recommended equipment. The printer/fax (these are “combo” units allowing scanning and copying as well) units and ISDN lines suggested for each Member in the Labour Group Leader’s proposal were detailed as part of an overall package reported to Policy Committee on 27th March 2000. This package aimed to provide Members with suitable and efficient ICT facilities but the Combo machines and ISDN lines are of limited use on their own.
17.17 If Members wish to use part of the suggested allowance allocations on Fax and/or photocopying facilities then separate costings can be provided. Depending on whether an additional, standard, telephone line would need to be provided for fax machines then a cost of £750 to cover purchase and installation for both would be sufficient. Where Members do have a PC or laptop that Combo units can be connected to then a cost of £475 for the unit and £809 for ISDN for each installation should be made. Secretarial Support
17.18 The Labour and Liberal Democrat Groups have made repeated requests for additional secretarial hours but no action has been possible because of the lack of budget provision.
17.19 The annual revenue cost of a full time secretary at the same grade as existing staff is £22,250 including on-costs.
Political assistants
17.20 Local authorities have the power to appoint political assistants for Party Groups but this has never been used in Hillingdon. During recent discussions about the support needed by Members there has been reference to the possibility of a change in policy but no specific proposals have been put forward.
Training for Members
17.21 The discussions with Members on facilities have highlighted the low level of training which is available. An in-house series of training courses was provided after the last elections in 1998 but since then there has been no co- ordinated training programme. Individual events have been organised on topics such as Best Value, looked after children and modernisation but there is no overall strategy for training and development of Members. In view of the many
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Policy Committee – 29 June 2000 Page 198 challenges facing local government in general and Hillingdon in particular there is an urgent need to rectify this omission.
17.22 One of the main constraints in the training of Members has been the lack of a central budget provision and the lack of staff to organise events. There is also no central budget for attendance at conferences, seminars and workshops.
17.23 Policy Committee endorsed at its last meeting a proposal that Members should receive training on Best Value in order to help them with their new responsibilities in relation to this important programme. Whilst the Director of Corporate Services would be able to run a few event without a budget, it would not be possible to provide the in depth training which Member s require in relation to Best Value and the rest of the Government’s Modernisation Agenda.
17.24 A sum of say £20,000 a year would equate to just under £300 a year for each Member.
Communication with Members
17.25 As part of the Council’s Communication strategy, a suggestion has been made that resources should be found to create a special post to deal with communications with Members. This post would not have any role in relation to Members Enquiries etc but would be responsible for providing information to Members to help them perform their duties as a councillor. This would include a special Members’ Information Bulletin or newsletter.
17.26 In addition, part of the Director of Corporate Services work on reviewing ways in which the Council can become more efficient, transparent and accountable has looked at the volume of Committee reports which are for “information” or “noting” only. It is felt that there is great scope for exploring other ways of getting information to Members rather than writing committee reports. Again an information bulletin would be useful here.
17.27 It is therefore suggested that a post should be created either in the Communications Team in the Chief Executives Office or within Corporate Services to perform this function. The estimated cost – including on costs etc - is likely to be in the region of £30,000.
RESOURCE IMPLICATIONS
17.28 The Council agreed to add £315,000 to the base budget provision for Members’ allowances. It would be possible to utilise part of this additional budget for support services. If so, the budget available for any future Scheme for Members’ allowances will be reduced accordingly.
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Policy Committee – 29 June 2000 Page 199 18.29 The ongoing implications will vary according to the approach Members take. Equipment purchase will require provision for ongoing maintenance and support costs in future years. Additional staffing will also lead to commitments in future years.
17.30 In the light of the budget position, reported elsewhere on the Agenda, the committee might consider it wise not to spend any of the additional allocation, in which case it would make a useful addition to balances.
LEGAL IMPLICATIONS
17.31 Section 18 of the Local Government and Housing Act 1989 provides that the Secretary of State may by regulations authorise an authority to make schemes for the payment of basic, attendance and special responsibility allowances to Members. Section 18 does not cover the provision of facilities to Members.
17.32 The Local Authorities (Members’ Allowances) Regulations 1991 have been made by the Secretary of State. Regulation 8 states that a scheme made by an authority shall provide for the payment for each year to which the scheme relates of a basic allowance to each Member of the authority and the amount of such allowances shall be the same for each Member. The Regulation prescribes a formula for the calculation of part-year entitlements to basic allowances.
17.33 An authority may under Regulation 9 also make a scheme for payment of a special responsibility allowance to those Members who have special responsibilities in relation to the authority and are in one or more of the following defined categories:-
· Acting as leader or deputy leader of a political group within the authority.
· Presiding at meetings of a committee or sub-committee of the authority or a joint committee of the authority and one or more other authorities or a sub- committee of such a joint committee.
· Representing the authority at meetings of, or arranged by, any other body.
· Acting as the spokesman of a political group on a committee or sub- committee of the authority.
· Membership of a committee or sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods.
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Policy Committee – 29 June 2000 Page 200 · Such other activities as would require a Member to spend an amount of time equal to or greater than would be required of him or her by any one of the activities mentioned in the above categories.
17.34 It is important to note that the scheme shall specify the amount of each special responsibility allowance which need not be the same. Where different amounts apply to different responsibilities the scheme should set out the amount applicable to each. As with basic allowances a formula for the payment of part- year entitlements is prescribed.
17.35 Regulation 10 provides that an authority may make a scheme providing for the payment of an attendance allowance to Members but the Council has resolved not to pay such allowances.
17.36 The 1991 Regulations set out the position in relation to the amendment and revocation of allowances schemes. Where a scheme is amended, which can be effected at any time of the year, this cannot operate retrospectively. The new allowances can only take effect from the date of the amendment.
17.37 With regard to the revocation of a scheme the Regulations make it clear that a revocation can only take effect from the beginning of a financial year. The Regulations do not provide for revocations to have retrospective effect and, therefore, any revocation of the Council’s existing scheme and replacement by a new scheme would have to have effect from the beginning of the financial year. It is clear from Appendix B to this report that the Council could be proposing to make a new scheme.
17.38 Chapter 15 of the Department of the Environment, Transport and the Regions’ Guidance on New Political Constitutions sets out the position in relation to allowances for Councillors’ roles. The main changes which will take effect once the Local Government Act 2000 comes into force can be summarised as follows:-
· Attendance allowances are to be abolished. However, basic and special and responsibility allowances will remain.
· An authority will be permitted to amend, revoke or replace an allowances scheme at any point in the year. Any such decision will have to be taken by the full Council although it will have to firstly consider any proposals from an independent allowances and remuneration panel.
· Councils will adopt an allowances scheme which may also include provision, as appropriate, for any allowances to be pensionable. However, before adopting any scheme the Council must have obtained recommendations from
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Policy Committee – 29 June 2000 Page 201 an independent allowances and remuneration panel. The recommendations must be made publicly available.
· Only allowances paid to members of the Executive may be pensionable. Therefore an authority will have to adopt a new constitution under Section 20 of the Act for the pensionable arrangements to apply.
17.39 With regard to the proposal in Appendix A, s.18 of the 1989 Act does not apply to the provision of facilities to Members. There is therefore nothing to prevent the Members’ Allowances budget being spent on enhanced ICT facilities, Members’ training and Group Office facilities.
17.40 However, there is potential difficulty with the proposal to allocate £10,000 for Members to communicate with residents. S. 2 Local Government Act 1986 expressly prohibits the publication by a local authority of “ any material which, in whole or in part, appears to be designed to affect public support for a political party. In determining whether material is prohibited, regard is to be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed, and in particular, to whether it refers to a political party or persons identified with such a party, or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one party and not another.
17.41 An authority cannot give assistance to a person for the publication of material which the authority is itself prohibited from publishing.
17.42 Therefore, any sum allocated to communicating with residents would have to be spent in strict adherence with the provisions of the 1986 Act and the Code of recommended practice on Local Authority Publicity.
17.43 Finally, it is of course the case that facilities provided to members of the Council are covered by paragraph 32 of the National Code of Local Government Conduct. This provided that Members should always make sure that any facilities provided by the Council for use in the Member’s duties as a councillor or a committee or sub-committee member are used strictly for those duties and for no other purpose”. Any facilities provided to councillors by the Council are subject to this provision which applies to all councillors in England and Wales and has not been found to be an impediment to effective working in other authorities.
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Policy Committee – 29 June 2000 Page 202 CONCLUSION
17.44 There is a sum of £315,000 available in the Council’s budget for Members allowances or increased support services. Clearly, it will be for Members to decide whether they wish to allocated some or all of this sum at this stage. If Committee is minded to allocate money on increased support, officers would advise: That any money spent on ICT should be spent on making full ICT support available not simply printers and ISDN lines; That money should be allocated to meet the need for Members’ training; and That the new post of Members communication officer should be created.
BACKGROUND DOCUMENTS
E mail to Corporate Director of Corporate Services from Leader of the Labour Group dated 22nd May 2000
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Policy Committee – 29 June 2000 Page 203 APPENDIX A ICT EQUIPMENT FOR MEMBERS PC equipment
1. In-house build (4.3gb, 500mhz, 128mb) - £810 (15” monitor) £55,890 - £850 (17” monitor) £58,650 Disk drive has three-year warranty, other parts one year all off site (£50 inc. for retaining spares). Costs includes all Windows, MS Outlook and Office software together with an external modem. OR/ Compaq EN Series (10gb, 500Mhz, 128mb) - £1,220 (15” Mon.) £84,180 £1,260 (17” Monitor) £86,940 Three year warranty, of which first year on-site (£50 inc. for retaining spares). Costs includes all Windows, MS Outlook and Office software together with an external modem. OR/ Laptop - HP Omnibook 4150 £2,180 £150,420 Costs include a three-year on-site warranty, all Windows, MS Outlook and Office software, together with an internal modem. 2. Combo Unit (for print, copying, scanning and fax) - HP LaserJet 3150 - £475.00 Costs include three year on site warranty. £32,775 3. Docking stations in party offices would enable Members to plug their laptop directly into network to improve performance and reduce cost. Say 10 @ £400 each (inc. screen and keyboard). £4,000 Remote access costs: 4. Cost of ISDN access from Members homes - Low Start is £249 connection, £88 quarterly line rental and no call allowance (package options to be reviewed with experience). Allowing for telephone calls at £4 per week would equate to first year annual cost of £809. £55,821 Other expenditure 5. Training – say, two day courses at the Training and Development Centre - £140 £9,660 6. Consumables – say £100 per annum £6,900 7. Furniture - workstation - £100 £6,900 8. ICT support – to be agreed and costed.
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Policy Committee – 29 June 2000 Page 204 APPENDIX B
PROPOSAL FROM THE LEADER OF THE LABOUR GROUP
1. That the increase in the Members Allowances Budget of £315,000 should be spent as follows:
I £33,000 – for a printer/fax for each Member.
II £56,000 for ISDN line installation for each Member
III £20,000 for Members training
IV £86,250 for improving Members Group Office facilities
· £41,250 – Conservative · £40,000 - Labour · £5,000 - Liberal Democrat
V £10,000 for Members to communicate with residents.
2. That the Director of Corporate Services should report back to this Committee on take-up and any balances
3. That the Balance of the £315,000 – i.e. £109,750 should be made available for increasing Members Allowances or directed to one of the Council’s services and that this decision be referred to the next meeting of the Council.
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Policy Committee – 29 June 2000 Page 205 APPENDIX C POLICY COMMITTEE 29TH JUNE 2000
MEMBERS’ ALLOWANCES – PROPOSALS FROM CONSERVATIVE GROUP
1. That the following amounts be allocated to each Party Group for administrative support and the Corporate Director Corporate Services be authorised to approve expenditure after consultation with the Leader and Chief Whip of each Group:-
Party Allocation 2000/01 (£)
Conservative 82500 Labour 80000 Liberal Democrats 10000
2. That allowances be increased as follows with effect from 1st August 2000:-
Position/Allowance Current (£) Proposed (£) Basic allowance 2470 3600 Mayor 8000 12000 Deputy Mayor 3000 5000 Leader of the Administration 10300 10900 Leader of 2nd Party 7210 7810 Leader of 3rd Party 4120 4720 Chief Whip of largest Party 7210 6600 Chief Whip of 2nd Party 4120 4720 Chief Whip of 3rd Party 2060 2660 Deputy Leader of the Administration 3090 3690 Deputy Leader of 2nd Party 2060 2660 Deputy Leader of 3rd Party 1030 1630 Chairmen of Committees appointed by Council 2060 2660 Chairman Finance/Asset Management Sub-Committee 2060 2660 Chairman Planning Sub-Committees as appointed 360 900 2nd Party leads on Committees 1030 1630 2nd Party lead Finance/Asset Management Sub-Cttee 1030 1630 2nd Party leads Planning Sub-Committees 200 300 3rd Party leads on Committees 510 600 Chairmen of Scrutiny Panels - 450
3. That the amount remaining from the current year’s budget for Members allowances and facilities (£85267) be transferred to balances.
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Policy Committee – 29 June 2000 Page 206 MEMBER LIAISON OFFICER – PROVISION OF ITEM 18 SUPPORT TO MEMBERS
CONTACT OFFICER: Andrew Nankivell TELEPHONE: 01895 277488
SUMMARY
This report informs the Committee of an ‘Any Other Business’ item to be raised by Councillor Graham Tomlin on member liaison services and sets out the current procedures adopted by Departments for dealing with member queries.
RECOMMENDATION
That instructions be given by the Committee in response to the issues raised
INFORMATION
18.1 A request has been received from Councillor Tomlin that the effectiveness of the member liaison service in the Housing Services, Social Services and Environmental Services Departments be reviewed. This report sets out the member liaison support offered by these Departments, together with comments on the liaison offered by the central Departments.
Housing Services Group a) Current arrangements
18.2 The member’s liaison service in Housing has been operational since 1978. There are 1.5 full time equivalent staff managing both member enquiries and complaints. They are available to receive calls/personal visits, written enquiries, faxes and email from members between 08.45am and 5.15pm Monday to Friday. In exceptional circumstances if either staff are unavailable messages will be taken by support services staff and passed directly to the members liaison staff on their return.
18.3 The Member Liaison Officers are responsible for recording each individual enquiry and for forwarding the response provided by a nominated manager. In cases where enquiries are made directly through other housing services officers, staff are reminded to provide a copy of the enquiry and response to the liaison officers for recording purposes. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 207 18.4 When responding to enquiries it is the practice to provide Members with the name of the officer supplying the information for the response. In so doing this provides Members with a contact point should they wish to enquire further about a particular case. b) New arrangements proposed to take effect in July
18.5 Earlier this year the Department began reviewing the current procedures and changes are being introduced. Under the revised procedure the Member Liaison Officer role would continue but focus on the following tasks: · being the first point of contact to assist members · to log enquiries and direct them to the appropriate service manager
18.6 The service manager would then continue to be responsible for replying within agreed timescales and as with the current system be available for follow up queries.
18.7 Therefore member enquiries would no longer need to come back via the Member Liaison Officer which should allow the service manager more time to spend preparing the reply.
18.8 Performance monitoring currently done by the Member Liaison Officer would in future be carried out by a new performance management team.
18.9 Under both the existing and revised arrangement the Director receives weekly reports on outstanding members enquiries and sees copies of all responses. The Director also approves responses if specifically asked to intervene by a member or if the Member Liaison Officer or service manager feels this is necessary.
Environmental Services Group
18.10 The Group provides a members enquiry service, in large part because of complaints raised by members over many years. Historically the Group has not got a good record of responding speedily to enquiries and with the need to monitor Performance Indicator Information the introduction of an Information Officer Service was seen as being imperative by the incoming Director. The Member Enquiry Service is provided by an Information Officer, and not only provides a central point of contact for the Group, but also allows each enquiry to be tracked and monitored. In the main the service through the centrally co- ordinated service has improved dramatically and there have been few complaints from Councillors. There are still some issues about Officers responding to correspondence due to the complexity and volume of enquiries, which are still being addressed through monitoring of all enquiries recorded.
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Policy Committee – 29 June 2000 Page 208 18.11 Performance is now regularly monitored against performance targets, and reviewed by senior management Team on a regular basis.
18.12 The enquiry line deals with Members’ enquiries, formal complaints from the public and Ombudsman as well as MP's.
Social Services Group
18.13 The Members Liaison Officer role was introduced into the Social Services Department in order to have the facility of a central point of contact and better management of enquiries. The Member Liaison Officer records all enquiries, routes them to the appropriate Officer and monitors as necessary to ensure a prompt, courteous and comprehensive response is provided.
18.14 Where members wish to contact other officers directly, the enquiry would be received at that point, but also referred to the Member Liaison Officer so that it may be logged and therefore part of the system.
18.15 Since introducing the system the amount of enquiries had increased, along with an improved response time to enquiries.
Chief Executive’s Office
18.16 Most enquiries from Members relate to policy issues and are dealt with directly by the Chief Executive or staff in the Policy Team. Other significant matters such as Best Value and personnel are dealt with by the Assistant Chief Executive and the Head of Personnel. No need is seen for a central point of contact for Members’ queries.
Corporate Services Group
18.17 The arrangements for handling Members’ enquiries in Corporate Services have recently been laid down in detail by the Corporate Director. The arrangements reflect the fact that the contacts between Members and officers in the Group tend to fall into one or other of the following categories:-
· Policy matters which are dealt with by the Director or one of the Heads of Service
· Day to day queries and requests for information which are dealt with mainly by the Members’ Secretaries or the Committee staff.
· Detailed queries on behalf of constituents (such as on Council Tax issues) which are dealt with by the relevant senior manager.
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Policy Committee – 29 June 2000 Page 209 18.18 In view of the diverse nature of Member contact with staff in the Group the Corporate Director does not see any need for a central point of contact. However all staff dealing with enquiries from Members are required to supply copies of queries and replies to the Corporate Director for monitoring purposes. Standards have also been laid down concerning the speed, quality and content of replies.
General
18.19 There are a range of different approaches adopted throughout the Council, each one having in common quality monitoring by Corporate Directors. Members are requested to note the provision made. If any changes to the current systems were desired it would be necessary for a report to come to a future meeting, setting out any financial and staffing implications the new proposals would have.
LEGAL IMPLICATIONS
18.20 There are no legal implications arising directly from this report.
RESOURCE IMPLICATIONS
18.21 There are no financial implications arising directly from this report.
BACKGROUND PAPERS
Nil
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Policy Committee – 29 June 2000 Page 210 HARLINGTON COMMUNITY SCHOOL SITE DEVELOPMENT ITEM 19
CONTACT OFFICER: Roger Turner TELEPHONE: 01895 250789
SUMMARY
This report provides Members with details of the proposed development of Harlington Community School site. The proposal includes a number of interrelated projects that can be considered both separately and as a whole. The key aspects of the proposal are as follows:
1. The school governing body wishes to develop new sixth form accommodation in order to introduce new vocational courses and to house the projected increased number of sixth form students in the school. In order to help finance this project the school purchased neighbouring land with school funds and is in the process of negotiating a 35-year lease arrangement with a private sports development company, to develop the site into a sports centre for the school and the local community. The income generated from this contract will provide, in conjunction with funds from the school's accumulated reserves, the necessary funds to finance the development of the school premises to accommodate the expanding sixth form.
2. Whilst the creation of additional sixth form accommodation and a new sports complex is a stand alone project, the governors also wish to sell currently derelict school land to a housing association for the purpose of building 41 social housing units, of which 8 are intended for Key Worker allocation. It is proposed that the housing development will be administered in association with a cooperative registered social landlord. The capital income generated from the sale of school land would normally be split evenly between the school and the local authority. However, discussions between representatives of the governing body and the local authority have looked at how this income, together with other sources of funding, might be best used to develop additional community facilities at the school.
3. Income from the sale of the school land for housing, together with Single Regeneration Budget (SRB) funding and possibly New Opportunities Funding (NOF) would finance the development of additional community facilities that are much needed in the area. The funding would support the development of a Youth Centre, a 45 place nursery/crèche facility, introduce a cyber cafe facility into the public/school library, resite adult education provision within the school and develop a healthy living centre.
4. Following discussion between representatives of the governing body and the local authority, it is proposed that a Partnership Advisory Group be created involving the governors and the Council and also the local Health Authority to plan and administer the community aspects of the project.
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Policy Committee – 29 June 2000 Page 211
5. The use of local authority capital receipts from the sale of school land will need to win the support of the Council as part of its Corporate Investment Strategy.
6. The governors have appointed EFM as private consultants to all aspects of the school’s development proposals including taking forward the school’s application to the DfEE for the sale of the vacant derelict land that forms part of the school site.
RECOMMENDATIONS
1. That Members instruct officers to proceed to develop the proposals in partnership with the governing body, including the creation of an interim Partnership Advisory Group, the development of an SRB bid for capital funding and plans for the use of local authority receipts in the development of community facilities.
2. That Members agree to receive a further report in September 2000 on the progress made.
INFORMATION
19.1 Each part of the proposal will be considered separately:
A. The development of the school’s sixth form accommodation using funding from the Powerplay sport project.
19.2 The increased intake of the school and increasing numbers of students staying on into the sixth form has resulted in an estimated increase of 52 students in the sixth form over the next two years, arising mainly from the increased roll of the school in Years 7-11. These increased numbers of students and the wish of the school to expand the range of vocational courses offered to sixth form students in line with the government’s requirements contained in its Curriculum 2000 proposals that are to be introduced from September 2000, have resulted in the school deciding to increase its sixth form accommodation.
19.3 Whilst under Section 28 of the Schools Standard and Framework Act it is unlikely that increased sixth form student numbers will need to be considered by the School Organisation Committee, the Hillingdon Lifelong Learning Partnership Post-16 Working Group is likely to consider the implications on sixth form provision across the authority as a whole.
19.4 The expansion of sixth form accommodation is dependent on income from the lease of recently purchased school land to a private sports development company. Whilst the school has engaged in detailed discussions with one potential partner, it is now looking to other sports development companies to
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Policy Committee – 29 June 2000 Page 212 provide proposals for the project. DfEE agreement will be needed for the leasing of the school land before any further progress can be made.
B. Sale of school land to build housing
19.5 The Governing Body propose to sell school land to a Housing Association in order to realise a capital receipt. The proposal would provide 41 units of affordable housing which would include provision for key workers and a cooperative management arrangement for approximately 50% of the dwellings. The governors have undertaken detailed work on the feasibility of commissioning Thames Valley HA to develop the site and to share management of the properties with Co-op Home Services.
19.6 Housing Services support the proposal for affordable housing and have pursued the proposal in order to bring it to planning application stage. In addition, recommendations to Housing Development Sub-Committee to make financial provision for the scheme in the current year have been accepted.
19.7 The Council has an existing policy for the selection of Housing Association partners to receive Social Housing Grant. This policy includes a range of criteria such as, grant levels, rent fixing policy, development standards, management arrangements, etc. The Council has selected 6 Housing Associations who meet the required standard established under these criteria as its preferred partners. This does not preclude the Council from working with other Associations as long as they meet these requirements. Thames Valley HA and Co-op Home Services, who are not existing preferred partners, are currently being assessed against the criteria.
19.8 The Council’s existing housing policy restricts the allocation of Social Housing Grant to the provision of housing for priority need households. At the moment this excludes key workers. Some work has been carried out with Thames Valley HA in relation to the type and needs of key workers, affordability and tenure. This indicates that the need is for rented accommodation and that rents in excess of the Housing Corporation guideline (£56 per week for a 1 bed flat) would be appropriate. Assuming a weekly rent of between £85 and £90 per week, there would be a funding deficit of £300,000 for the key worker dwellings.
19.9 In order to meet Housing Corporation regulations, it would only be possible to contribute Social Housing Grant to the key worker element of the scheme if the Corporation rent cap of £56 per week is met. This would mean that the deficit to be met from Social Housing Grant would be £423,000. The allocation of any Social Housing Grant would be at the expense of priority need households and it would be difficult to justify a contribution at this level. It is felt that the most appropriate way of financing the key worker development would be by reducing the cost of the land and therefore the capital receipt. At rents of £85-£90 per week, a reduction of £300,000 would be necessary.
19.10 One of the impacts of housing development and particularly affordable housing is to create a local demand for school places. In this area there are few, if any, available school places and the demand would have to be met by building new PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 213 classrooms as appropriate. This would need Capital Investment and Education Services would normally be pursuing a Section 106 agreement with the developer to provide a contribution. It is not appropriate to provide this from the normal development costs of affordable housing, as:
a) development costs may exceed Housing Corporation cost limits and therefore the whole scheme would become ineligible for SHG
b) it merely transfers capital monies allocated by the Council from housing to education.
19.11 The most appropriate route for funding the cost of school places at this or any other development, is by reducing the cost of land, and therefore the capital receipt.
19.12 The existing budget and estimated costs for this scheme do not include any provision for school places or key workers. It is therefore suggested that if the development proceeds, the contributions to both the key workers and additional school places, be met from the capital receipt or by discounting the selling price of the land.
C. The building of a new youth centre and nursery adjacent to the housing development
19.13 The sale of the derelict land, should the governors receive DfEE approval and planning permission for the erection of the housing development, and local authority approval to allocate its share of the capital receipts to community projects on the school site, will provide the funds to build a youth centre. This facility is badly needed as no alternative provision is currently available for young people in the area. The proposed youth centre, as designed by the housing project architects, meets the space requirements sought by the LEA Youth Service. Further discussions will be needed to finalise the internal layout of the centre.
19.14 A robust Service Level Agreement will be drawn up between Education, Youth and Leisure and the school to ensure the continued provision of funding for the annual revenue costs of running the Youth Centre.
19.15 Money raised from the sale of the land will also provide matched funding to put against an SRB proposal to finance the building of a 45 place nursery/crèche. This is a much needed facility as the present crèche used by adults attending adult education classes in the school does not comply fully with Social Services Registration and Inspection requirements and could be closed at any time. A specialist facility will secure the position of adult education in the school and will also be available to other parents/carers in the area who wish to return to education and training or employment.
19.16 A full Business Plan for the nursery will need to be developed that will form the basis of a submission for SRB funding. A revised SRB submission will then need to be drawn up to meet more fully the outcomes required by the Government PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 214 Office for London (GOL) and the Hayes and West Drayton SRB Board if matched funding is to be secured. The proposal, once redrafted, should be well placed to meet the Hayes and West Drayton Regeneration stated wish to support an increase in nursery/crèche provision and education and training opportunities for families in the Corridor.
D. The development of the SRB submission to provide funds for a cyber cafe as part of the public library provision and the impact on adult education activity in the school.
19.17 In addition to SRB funding helping provide the capital funds for the nursery, it is proposed that additional SRB funding be sought to help finance the development of a cyber cafe as part of the public library in the school. The needs of the local community would be very well served by the provision of a cyber cafe on the school site. Funds to support additional library staff to run the cafe will need to be identified as part of the project proposal.
19.18 The development of the cyber café is likely to result in modifications to the school entrance, which may in turn have an impact on current adult education accommodation. The Adult Education Service is already constrained in the classes it can provide because of the reduction in classroom accommodation since the outside hut facilities were declared unsafe. Detailed development plans will need to be produced showing how the library development and adult education will be accommodated in the school. The authority's targets to widen participation and raise the attainment of young people and adults, together with the creation of both a nursery/crèche and expanded library provision is likely to attract more adults from the local community into education and training provided by adult education, particularly basic skills and ESOL courses. Adult education accommodation will need to be increased if the likely demand is to be met.
E. The development of the Harlington School site as part of the healthy living centre proposals
19.19 Although no work to date has been undertaken, it is clear that the comprehensive proposals for the development of community facilities at the school could also form the basis for a bid to the New Opportunities Fund (NOF) for the development of a Healthy Living Centre possibly linked to an out-of-school hours learning bid.
F. The creation of a Partnership Advisory Group to oversee the development of all aspects of the project
19.20 It is proposed that a Partnership Advisory Group be set up with members drawn from the school governing body, the proposed community trust (see .6.4), local authority officers and a representative from the Health Authority. Its key task will be to develop the proposals in a co-ordinated manner to ensure the maximum benefit to the school and the local community is realised from the money allocated to the project. It will have a fiduciary duty to ensure that the school land is disposed of at the best possible consideration.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 215 19.21 Of particular importance is the use of the capital receipts arising from the sale of school land for the housing development. Of the estimated income likely to be realised, initial discussions have suggested it be used as follows:
School £k Local Authority £k
Section 106 200 Section 106 200 Key Worker costs 150 Key Worker costs 150 Youth Centre 400 Nursery 200 Fees and costs of 200 building work
Total 350 1150
19.22 This will leave the local authority needing to use its share of the capital receipt to cover its expenses plus additional SRB funds to support the nursery, cyber café and adult education developments. The viability of the proposal, as currently developed, is therefore, dependent on a successful SRB bid.
19.23 The governors of the school plan to put the residue of their share of the capital receipt into a trust fund. This income may be combined with ongoing income the school will receive from the sports development lease and from CISCO, a school ICT project in association with CISCO that will provide income from adult tuition on the use of the internet. The Partnership Advisory Group will consider how the income from the proposed trust fund will be used to further educational initiatives in the school.
19.24 Alternatively, the total capital receipt (both the school's and local authority's receipt) could be ploughed back into capital developments. This may be the only legitimate use of the money (see legal implications), or it may be necessary to use all the receipt to achieve the implementation of the full project, including the cyber café and improved adult education facilities should SRB funding not be awarded.
LEGAL IMPLICATIONS
19.25 The disposal of the derelict school land will be governed by section 76 and Schedule 22 of the School Standards and Framework Act 1998. This provides inter alia, that the governing body shall not make a disposal without the written consent of the Secretary of State for Education and Employment.
19.26 With regard to the proposal of the neighbouring land and the negotiation of a 35 year lease with a private sports development company, this would, on the basis that the funds used to purchase the land were public, also be governed by the provisions mentioned in the above paragraph as a disposal is normally taken to include the granting of a lease as well as a sale of land.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 216 19.27 In considering applications to dispose of land, the Secretary of State takes account of whether the best consideration is being obtained for the land which is to be disposed of, what purpose the land is being used for and also, how the proceeds of sale are to be used. Guidance issued by the Secretary of State suggests that he will expect such proceeds to be used for capital projects. If the Council receives a proportion of the proceeds of sale, Section 40 of the Local Government and Housing Act 1989 will apply [see below]. If a proportion of the proceeds were received by the governing body, it would have to make a case to the Secretary of State that some or all of the proceeds should be used for revenue purposes. This is particularly the case if the governors wish to place a proportion of the proceeds into a trust fund. If this particular proposal is to be pursued, it is imperative that full details are included in a robust application to the Secretary of State.
19.28 The governing body has a fiduciary duty to ensure that any land being disposed of is done so at the best possible consideration.
19.29 Schedule 22 of the 1998 Act gives the Secretary of State the power to decide on any division of the proceeds from the sale or lease. There is an expectation that the Council will receive approximately half of the proceeds of sale arising from the sale of the derelict school land. This will be treated as a capital receipt. Under section 40 of The Local Government and Housing Act 1989, a capital receipt received by the Council can only be used for capital, not revenue purposes, unless the Secretary of State directs otherwise. Therefore, if the Council were asked to hold the capital receipt in a trust fund, this would not constitute a capital purpose. With regard to the premium and rent arising from the grant of the 35-year lease, the Secretary of State can order whether this is to be divided between the governing body and the school.
19.30 Section 28 of The School Standards and Framework Act may need to be taken into account. This section provides for the publication, following consultation, of proposals to make prescribed alterations to community, foundation and voluntary schools. Officers are currently examining whether the proposed alterations would require consultation/publication under this section.
19.31 The report states that discussions are ensuing with Thames Valley Housing Association to build 41 social housing units on the derelict land but that the governors are keen to consider other associations recommended by the Council's Housing Department. It is advisable that a proper selection process is conducted on the basis of the criteria set by the Housing Department as this would ensure that there is probity and that the housing association which is best qualified to undertake the building of the housing units is selected.
19.32 The Section 106/planning issues identified in the report would need to be determined in accordance with the policy of the Council and the law. In this regard, such issues are separate and they would have to be set out in a full committee report for determination by the Council's Planning Sub-Committee.
19.33 Finally, care should be taken to ensure that there is no conflict of interest between members' roles as governors and as councillors.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 217 RESOURCE IMPLICATIONS
19.34 The proposal from the school is complicated and the Council needs to consider it from a number of different points.
19.35 The proposal before the Council is as follows:
Element Capital Revenue qq Expansion of 6th form School’s resources including Via Local Schools Budget facilities extra funding from lease to which will be increased as a sports operator result of extra numbers under the formula qq Youth Facilities From the Council’s share of EYL revenue budget for the land sale Youth Service qq Early Years Centre From sale of land to HA Sale of places to users, matching SRB funding, and individually or by contract possibly Council’s capital (e.g. Adult Education Service resources that will be able to claim FEFC/LSC support for this provision) qq Cyber Café related to From SRB programme SRB, school’s budget and library and other LBH revenue budgets community facilities qq Key Worker units By HA but as a result of By HA but as a result of reduced price paid for reduced price paid for housing site housing site qq Further education and Any remaining part of the To be determined by the community initiatives governors share of the land partnership arrangements at sale receipt plus other the time of agreeing any income from sports leases or proposals. commercial partnerships
19.36 The proposal to expand the sixth form is not intended to require any capital funding from the Council. There will be revenue implications but these will be contained within the secondary sector of the overall Hillingdon schools’ budget.
19.37 The disposal of the surplus land by the school, if approved by the DfEE, will generate a receipt, half of which will come to the Council as a capital receipt. Similarly any proportion of a lease premium assigned to the Council would be a capital receipt. Such receipts can be applied to fund new capital expenditure. The first question to address is that any capital expenditure decisions need to be consistent with the capital investment strategy (CIS) approved by this Committee PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 218 in February. The aspirations of the current strategy are not fully resourced over the five year planning period so the option exists to use any receipt to resource current plans. However the receipt will only arise from a decision of the Governing Body with the agreement of the DfEE. If it is felt the scheme is compatible with the CIS, and offers the potential to meet a number of goals at the same time, then it could be introduced to the programme on the basis of being financially neutral to the current plans, i.e. the Council’s expenditure being capped at the level of its share of any receipt.
19.38 It seems clear that if the Council were to make a capital injection it would firstly be towards the building of youth facilities from the service comments in the report, and this is the assumption made by the school. If further funding for the Early Years Centre beyond that available from the Council’s share of any receipt(s) is required, then this will need to be considered in the context of the overall capital programme and investment strategy.
19.39 The running costs of these facilities would have to come from the EYL revenue budget for 2001/02 onwards. At present there is no budget specifically identified and therefore it would have to come from the increased funding arising from the passporting of the SSA cash increase for Education to EYL, and Members would need to agree this now.
19.40 The proposal for the school to put a proportion of its share of the land sale receipt into a Trust account to support future proposals, including revenue ones may be problematic. The Council’s share has to be treated as a capital receipt and therefore cannot be used for revenue purposes without the approval of the Secretary of State under the powers of 40(6) Local Government & Housing Act 1989. It seems that guidance from the DfEE indicates that the Governors are expected to use their share of any receipt to fund capital as opposed to revenue expenditure, unless they obtain specific approval to the contrary.
19.41 Single regeneration budget (SRB) funding will in reality be dependant on there being in place a viable existing scheme on to which it could be added to enhance certain aspects compatible with the objectives of the SRB programme. In this context a viable business plan for the Early Years Centre and the Cyber Café will need to be produced as these are the element which it would be logical to seek SRB support.
19.42 Finally from the viewpoint of management and control it is appropriate to consider a management arrangement for all the non school part of the proposed Centre that is separate from the Governing body as the activities are not those normally undertaken by such a body and could therefore distract them from their primary purposes and responsibilities. It would also better reflect the community and partnership nature of the wider facilities.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 219 THE FUTURE OF BARRA HALL AND THE CHESTNUTS ITEM 20
CONTACT OFFICER: Martin White TELEPHONE: 01895 250936
SUMMARY
This report sets out existing Committee decisions taken and the results of further officer work on reviews of Barra Hall Park, Barra Hall and The Chestnuts, and recommends the action set out below.
RECOMMENDATIONS
That the Committee:
1. Resolves in principle to agree to relocate all services from Barra Hall and The Chestnuts to enable their disposal or re-use for other purposes.
2. Instructs officers to examine further the options for relocation of all existing users and alternative options for The Chestnuts site and Barra Hall building and report back to the next meeting of this Committee with a programme and timetable for implementation.
INFORMATION
Background and Previous Decisions
20.1 Barra Hall is a grade 2 Listed Building located in Barra Hall Park, Hayes. It adjoins The Chestnuts, which is an old single storey pre-fabricated building. Both buildings have been used over a number of years to house different Council staff and community groups and both have been classified as “expensive to maintain”. Property officers consider The Chestnuts to be at the end of its useful life. Barra Hall is primarily occupied by the Healthy Hillingdon Team and The Chestnuts by Social Services staff. More detail is provided in Appendix A.
20.2 Both buildings and Barra Hall Park have been the subject of several reports to different Committees in the recent past and a reminder of decisions already taken is set out below for Members’ information.
20.3 In January 1998, the Policy Committee resolved to dispose of The Chestnuts site for affordable housing, subject to the staff occupying being satisfactorily relocated.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 220 20.4 In September 1998, the Housing Development Sub Committee withdrew The Chestnuts from the affordable housing programme, pending an officer review of options for the site to be reported to the Finance & Asset Management Sub Committee. The decision was based on difficulties with relocating staff from The Chestnuts, given the capital receipt anticipated from the sale of the site at that time. Planning permission for 10 family houses and 16 flats had been delegated to the Head of Planning.
20.5 In December 1998, the Policy Committee considered a report on the Three Year Budget Strategy and, among other things, instructed officers to investigate the disposal of a list of “expensive to maintain” buildings and to report back. This list included Barra Hall and The Chestnuts.
20.6 In November 1999, the Youth & Leisure Sub Committee instructed the officers to proceed with a pilot lottery bid for the restoration of Barra Hall Park and Fassnidge Parks as part of the Parks and Open Spaces Strategy. This followed reports to the Leisure Sub Committee and the Youth and Leisure Sub Committee in December 1997 and June 1999 respectively. The 1999 officer reports indicate that refurbishment of Barra Hall Park was estimated at £2.5m, that this included the costs of refurbishing Barra Hall and that, should the lottery bid be successful, there would still be a shortfall of £600,000.
Current Situation
20.7 Social Services, whose Home Care Team and Children and Families East Team occupy The Chestnuts, has confirmed its strong desire to relocate both of these teams away from The Chestnuts. Alternative locations are being looked at within the Social Services Asset Review, including the leasing of private office space. Although definite proposals may not be identified by the time of this Policy Committee, illustrative cost estimates for different potential options have been set out in the estimated building costs and valuation information in Appendix B. An estimate is also given for the cost of replacement of The Chestnuts, since the building is considered to be at the end of its useful life.
20.8 Education Youth & Leisure officers have appointed a consultant to prepare and outline lottery bid for Barra Hall and Fassnidge Park. Estimated costs have been revised based on a maximum lottery award of 75%. These revisions which have increased the funding that would have to be found from non-lottery sources to approximately £700,000, are set out in Appendix B.
20.9 Assuming an initial lottery bid is submitted in November 2000, a decision could be expected in about May 2001. If the initial bid is successful, then detailed stage 2 bids would be submitted in phases up to May 2002.
20.10 In addition a management Advisory Group has been appointed for Barra Hall which is closely involved in the regeneration of the park and Barra Hall. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 221 This Group is strongly in favour of Barra Hall being used for a civic use, such as an art gallery with café/restaurant and offices for community use. Education Youth and Leisure officers advise that the intended use of the building will be an important factor in assessment of the lottery bid.
“Expensive to Maintain Buildings” Review
20.11 The Officer team set up to consider this has investigated the relocation needs from both buildings, likely costs of relocation, estimated costs of future maintenance and refurbishment and options for relocation. This has not yet been completed but the Team considers it can now recommend the Committee to decide in principle to agree to relocation of all services from both buildings and their disposal or re-use for other purposes.
Proposals
20.12 Given the potentially diverse objectives being pursued on Barra Hall and The Chestnuts, it is important that the Policy Committee has the opportunity to consider the site’s future as a piece and sets the officer body consistent and comprehensive objectives. The officers recommend that the different elements of the exercise are considered in the following sequence:
20.13 The Committee can be advised to take a decision in principle to vacate both buildings.
The Chestnuts
20.14 Given the importance of the Three Year Budget Strategy, the fact that this building is at the end of its useful life, the costs of replacement/essential maintenance set out in Appendix B and the firm desire of Social Services to relocate, the officers recommend that the Committee confirms the Council’s intention to vacate and demolish The Chestnuts.
20.15 A final decision on alternative accommodation must await the outcome of the Social Services Asset Review and will be subject to consultation with client groups, identification of funding, the approval of the Social Services and Policy Committees and planning approval. Confirmation of the objective to relocate staff will allow these actions to be progressed vigorously.
20.16 The estimated costs both of leasing accommodation and of replacing on Council owned land are set out in Appendix B. Once firm proposals for relocation are known and costed, Members are recommended to instruct officers to include the move in the Council’s capital programme at the earlier opportunity.
20.17 Members are reminded that some housing development may be possible on The Chestnuts site. The estimated capital receipt from disposal on the open PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 222 market is set out in Appendix B. There would also be some benefit to the General Rate Fund through the re-housing of homeless families as this allows for 25% affordable housing provision on the site.
Barra Hall Park and Barra Hall
20.18 Education Youth & Leisure has progressed the lottery bid for Barra Hall Park to the point of engaging a consultant to prepare a bid. Current proposals clearly include the Barra Hall building (although this may not need to be included if there are alternative proposals for refurbishment of Barra Hall). Local people have been engaged through the Management Advisory Group and, as it seems, have expressed support for the use of Barra Hall for a civic use, such as an art gallery, café/restaurant and offices for community use. Such a use would require the Council to relocate Council staff from the building, determine who would run this facility and on what terms it would be made available by the Council.
20.19 The building cost and valuation information in Appendix B indicates that the gap in funding between a successful lottery bid is now estimated to be £1million.
20.20 As with The Chestnuts, no firm alternatives have been identified for relocating staff currently occupying Barra Hall, but cost estimates have been worked up in Appendix B on the same basis of leasing alternative accommodation and re-providing it on other Council land.
20.21 Education Youth & Leisure officers advise that a lottery bid for Barra Hall would need to be submitted in November this year. A decision could be expected in May 2001 and if it was successful a second stage bid would then have to be submitted with a decision likely in May 2002.
20.22 The Council has not yet considered the alternative options for Barra Hall of either inclusion in the Barra Hall Park Programme or disposal for a capital receipt. Officers need to undertake further work to analyse these options. The priority within the Council’s Capital Investment Strategy to be accorded to any Council funding for the inclusion of Barra Hall in the Barra Hall Park option also needs to be considered.
20.23 It would, therefore, be appropriate to instruct officers to carry out further investigations into both the options and costs for relocation of all existing users and alternative options for The Chestnuts site and Barra Hall building with a view to reporting back to the next Policy Committee in October.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 223 FINANCIAL COMMENTS
20.24 The proposals can be considered, from a financial viewpoint, to be in three elements.
1. the relocation of staff from The Chestnuts
2. The relocation of staff from Barra Hall
3. The renovation of Barra Hall Park, possibly including the Barra Hall building for a community/cultural use.
20.25 The Chestnuts is a building beyond its economic life (see Appendix B) and it provides an inappropriate location for its current users, Social Services. From both property management and service dimensions, relocation from, and subsequent demolition of, The Chestnuts is, therefore, a priority for the Council. The Social Services Asset Review process has identified options for relocating these staff. All the options will involve some degree of expenditure to achieve the relocations and it would be sensible to fund these as the first call on the receipt from the sale of The Chestnuts as there is no specific resources currently identified to fund these costs.
20.26 Barra Hall itself is a building which will require substantial maintenance in the coming years. It also would require significant investment to modernise it for continued office accommodation by the Council. It is not an ideal location for the service currently located in the building. As with The Chestnuts the relocation of the staff of the Health Improvement Team will have costs and again these will need to be a call against any receipt from the sale of The Chestnuts site.
20.27 From a Service and property aspect, the relocation from The Chestnuts is more of an urgent priority than vacating the main Barra Hall building. Time and resource should, therefore, be prioritised to completing this element first.
20.28 The third element is the renovation of Barra Hall Park. At present, a consultant has been engaged to work up options for different levels of investment. This would enable an informed view to be taken about what could be achieved and over what period. The options, when put together with the outcomes of the asset review consultation, could form the basis of lottery bids or development briefs for the park. The work would also need to identify if there are any recurring revenue costs for the Council from any of the options.
20.29 Realistically, the relocation of current council uses from the sites will consume most, if not all, of any receipt from The Chestnuts site. Barra Hall itself is not assessed as having a high value in its current state. Whilst external funding should be achievable to some extent via Lottery sources, there would need to be some Council funding to make any option work, especially if Barra PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 224 Hall building is included in the proposals and refurbished and retained by the Council.
20.30 In terms of the capital programme, there is no specific provision at present to fund any renovation works at Barra Hall Park. The proposal in principle, would not be at odds with the overall capital investment strategy, and has been highlighted as an aspiration within the wider Education Youth & Leisure asset management review along side other parks in the Borough. It would be appropriate to consider the options later in the year as part of the Council deciding on its investment priorities, in the light of the consultants’ report and the results of the consultation exercise.
LEGAL COMMENTS
20.31 In the event that any or all of the properties mentioned in this report are to be disposed of, Section 123 of the Local Government Act 1972 will apply. This provides that the Council may dispose of land held by it in any manner it wishes. However, the Council cannot, except with the consent of the Secretary of State, dispose of land for a consideration less than the best that can reasonably to obtained.
20.32 If there is to be a change of use or physical development in respect of the properties, express planning permission will be required and in the case of Barra Hall which is a Grade 2 Listed Building, Listed Building consent will also be required.
20.33 Section 40 of the Local Government and Housing Act 1989 will also apply. This provides that a capital receipt received by the Council should only be used for capital purposes unless the Secretary of State directs otherwise.
BACKGROUND PAPERS
Reports to Policy Committee December 1997 and 17 December 1998 Report to Leisure Sub Committee 4 December Reports to Youth & Leisure Sub Committee 3 June 1999 and 11 November 1999 Report to Housing Development Sub Committee 15 September 1999
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 225 APPENDIX A
Set out below are the details on the current occupation and relocation requirements in respect of Barra Hall and The Chestnuts.
POSITION STATEMENT FOR BARRA HALL
Name and Address of Building: Barra Hall Wood End Green Road Hayes UB3 2SA
1. HEALTH PROMOTION SERVICE (E Y & L Services Group)
(a) Staff Numbers
19 staff in occupation. No imminent changes to staff numbers in approved service development plan.
(b) Location requirements
For the service to operate effectively it needs to be located close to the areas of greatest need and the most disadvantaged communities in the borough. The service is a partnership jointly funded by the Council and the Health Authority. The Health Authority provides 66% of the budget to employ LBH staff, and it is the Council’s responsibility to provide suitable accommodation.
(c) Accommodation Requirements
Staffing
The Service operates from Barra Hall and Fountains Mill at present.
The Service at Barra Hall requires open access to service users who come from a wide range of statutory, voluntary and community agencies. The Service is open to members of the public on a drop-in basis and needs to be accessible to the most disadvantaged sectors of the population.
In addition to office space for each of the above staff members and attached projects the Service requires the following accommodation in order to ensure the Service can be effectively delivered.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 226 Reception Area – large enough to meet and greet individual and small groups of Service users.
Resources Library – Incorporating secure storage room for high value Audio/visual equipment (TVs, video, overhead projectors, slide projectors, display boards).
Training Room - Training is core activity of the Service and there is requirement for a training room which would also serve as a meeting room for staff, business meetings involving partner agencies and community/voluntary groups.
Storage space for leaflets and other health education materials is also required.
Confidential interviewing/counselling room - As the Service will continue to work with people around HIV issues there is a need for a private and confidential interviewing/counselling room also.
(d) Options explored for relocation
The Service has made a number of enquiries about the availability of alternative Council-owned accommodation. However, no suitable alternative accommodation has been found. (e) Areas currently occupied
This service occupies most of this first floor of Barra Hall and two outbuildings.
2. ENVIRONMENTAL SERVICES GROUP STAFF
Current Position
GF - 3 staff – All the staff have recently been relocated to Harlington Road Depot FF - 1 staff – Expecting to be relocated to the Civic Centre by the end of June 2000. Labs – It is proposed that these be relocated to Harlington Road Depot later this year. Emergency Planning Store – This is also proposed to be relocated to Harlington Road Depot later this year.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 227 POSITION STATEMENT FOR THE CHESTNUTS
Name and Address of Building: The Chestnuts Barra Hall Wood End Green Road Hayes UB3 2SA
Services
1. Children and Families East Team and 16 + Team 2. Home Care Team
(a). Number of Staff in Occupation
1. Children and Families East Team: 45 16+ Team: 18.5
2. Home Care Team: 20, of whom 12 are full time and 8 part time
Imminent Changes in Staff Numbers Per Approved Service Plans
1. Children and Families East Team and 16+ Team: Plus 1 just appointed and Plus 1 soon to be appointed The current Admin. Review could lead to a reduction or increase in admin staff. The review of Asylum Seekers stemming from new legislation may increase or reduce staff. New procedures for Care Leavers (16+) could also affect staff numbers – probably upwards.
2. Home Care Team: the Best Value Review will result in a reduction in staff in 2000/01 at the office, and new technology needs to be introduced.
(b). Location Requirements
Children and Families East Team and 16+ Team require a central location in Borough, both teams in the same building. Potential developments in the future could possibly explore co-locating with Children and Families West Team (currently in Mezzanine Office, Civic Centre, but could move to make this possible), though this would need further consideration within Social Services. The long-term aim could be to deliver Children and Families services from one location.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 228 (c). Accommodation Requirements 1. Key issues for new accommodation: Central location in Borough; good transport links, safety and security considerations. The two teams would share common facilities: reception, two interview rooms with divisions for security, one larger interview room and two small rooms; one meeting room; one conference room. The conference room and meeting room will be used for frequent care case conferences with other agencies, e.g. doctors, health visitors, police, etc. (If the accommodation was also shared with the Children and Families West Team these common accommodation needs would increase but not necessarily significantly due to economies of scale). Adequate parking for staff (essential car users) and some visitors. Social Services is currently investing heavily in information technology and the new accommodation would need to be equipped for computers with networking facilities. 2. Home Care Team: A central location in Borough is required, with good transport links. Adequate parking for staff and some visitors (there are weekly briefing meetings for large numbers of home carers, many of whom drive). The Home Care Service is currently the subject of a Best Value review, the results of which mean that an urgent relocation is being sought whereby telecommunications and computers can be updated for the longer term. This will have a bearing on the accommodation needs, as no flood wiring or other electronic links exist or are viable at the Chestnuts. (d). Options Explored for Relocation 1. Children and Families East Team and 16+ Team: an urgent relocation study is under way. No work has yet been done on sharing with other agencies – it is considered that the Children and Families East team and the 16+ Team could work alongside a Health partner. This possibility will now be explored. 2. Home Care Team: Linking with OPS daycare at Grassy Meadow, or stand alone offices has been looked at, and both could lead to joint working with Health later. Options include: (a). Grassy Meadow has been assessed for a modification by architects to accommodate the Home Care staff @ around £375,000; (b). Civic Centre Mezzanine may be a possibility; (c). Alternative lease of private office space @ around £60,000 has been explored. (e). Areas Currently Occupied The teams have exclusive occupation of The Chestnuts building.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 229 APPENDIX B
Barra Hall and The Chestnuts : Building Cost and Valuation Information
Barra Hall £
Estimated Cost of Repairs 700,000
Note: This does not provide for full refurbishment of the building or the costs of fully meeting Disability Discrimination Act access requirements (which may not be fully practicable in this building because of its Listed Status).
Estimated Open Market Value 210,000
Note: This reflects the buildings current conditions and the need for substantial repair and refurbishment.
Estimated Rental Value 45,000 p.a.
Note: This figure represents the open market rental costs of office space equivalent to the whole of Barra Hall (5,152 sq.ft). (It does not include replacement space for the Labs. Or other outbuildings).
Estimated Rental Value 45,000 p.a.
Note: This figure represents the open market rental costs of office space equivalent to the whole of Barra Hall (5,152 sq.ft). (It does not include replacement space for the Labs. Or other outbuildings).
Barra Hall Park
Lottery Bid Estimated cost of whole project (including works to Barra Hall) 2,800,000
Estimated Match Funding Required 700,000 (based on a maximum award of lottery funding) Note: This is based on an option for Improvement of Barra Hall Park which would include bringing Barra Hall up to fully repaired and redecorated (but not fully refurbished) standard.
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 230 The Chestnuts
Refurbishment £
The refurbishment of the building is not considered a viable proposition.
Estimated Cost of Replacement with Prefabricated Building 1,063,000
Note: This estimate includes for services and fees for a a building of the same size as the existing (this may not however be necessary).
Estimated Open Market Value of the Site 1,000,000
Note: It should be noted that if it were decided to replace The Chestnuts on the existing site there would be an “opportunity cost” of £1,000,000 equating to the value of the site.
Estimate Rental Value 138,000 p.a.
Note: This figure represents the open market rental costs of office space equivalent to the whole of the Chestnuts building.
(MNP-Chest-Barra)
PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 231 PARKWAY SITE PROPOSALS AND FUTURE PARTNERSHIP ITEM 21
CONTACT OFFICER: Martin White TELEPHONE NO: 01895 250936
SUMMARY
To advise the Committee of the position reached in discussions held between the Partners on the proposals for regeneration of these important sites in West London. This Committee is asked to consider this report primarily from the Council’s position as Landowner, whilst a separate report will be made to Environment Committee for it to consider planning policy issues.
RECOMMENDATIONS
1. That the Committee notes the report and agrees to work in collaboration with other Partners to achieve regeneration of these sites.
2. That the Committee approves, in principle, the proposals set out in the report for improvements to the Council’s own land on Minet Site D to bring this site into use for the public for predominately open recreational uses.
3. That subject to the concurrence of the Youth and Leisure Sub Committee, the proposals for Minet Site D be open to public consultation.
4. That a report be made to Environment Committee to enable it to consider planning policies to be applied to the Parkway sites.
5. That officers be authorised to negotiate for the grant of access rights across the Council’s land to Hayes By Pass to enable the BG plc and BW land to be accessed for development, subject to the Council being a party to a Development Agreement to recognise the Council’s interests.
INFORMATION
21.1 The Parkway Partnership was set up between the London Boroughs of Hillingdon, Hounslow and Ealing, British Gas and British Waterways and English Partnerships to undertake a strategic review of large underused land holdings in the areas bordering the three Boroughs and collectively known as Parkway, shown on plan No. 12/7 dated 8 June 2000. The principal sites are British Gas Southall, Minet Site D and BWB land which forms one large area of adjoining land ownerships, east of Hayes By Pass and north of the main BR line from Paddington. The Western International Market site is a separate site east of the PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 232 Hayes By Pass junction with North Hyde Road. The Partnership commissioned consultants Ove Arup to produce a report on the options for regeneration and development of these areas which resulted in establishing general principles of where development could take place and what restrictions should apply, particularly in respect of Green Belt areas and traffic generation.
21.2 Western International Market is one of three fruit, vegetable and flower markets serving London and the South East. Produce comes from all over Southern England and from further afield via Heathrow. The market is home to about 100 businesses and provides about 1,000 jobs, most of which are local and drawn from all parts of the local population. The market is close to being life expired and has problems relating to its building materials and drainage. As this site is entirely within the London Borough of Hounslow and mainly in its ownership and is separate from the other main site, Hounslow have been developing their own plans for the redevelopment of this site aimed at replacing the market with a smaller new market and achieving commercial development probably mostly warehousing and a capital receipt on the remainder of the site. These development proposals will have a traffic generation implication which will impact on Hayes By Pass/North Hyde Road and will need to be taken into account in conjunction with any proposals for development of the other main site. The proposals will also involve a land swap with land in the green belt.
21.3 In order to carry forward the process to seek development proposals for the British Gas/Minet/BW site, a Planning Framework Document was drafted initially by Ealing Council and has been the subject of internal consultation with other Partners. Hillingdon Council’s officers have examined the implications, both positive and negative, of development on the site and have fully involved Services in seeking their views, examining, in particular, planning, traffic, economic development, leisure and valuation issues. Hillingdon Council’s views have now been fully incorporated within its draft amendments to the “Planning Framework” Document and the comments of other Partners sought. Comments have been received from both Ealing Council and British Waterways and there is general measure of agreement with Ealing Council on most planning issues. British Gas have made more fundamental comments on Hillingdon’s proposed amendments, some of which Hillingdon Planning officers would find unacceptable.
21.4 Meetings and correspondence have also taken place on the issue of negotiating access across British Waterways and Hillingdon Council owned land to the Hayes By Pass. All parties agree that, in principle, a formula approach would need to be adopted in which Hillingdon Council and British Waterways would each receive a share in the increased value of the British Gas site arising from rights of access to the Hayes By Pass. However, no agreement has yet been reached as each of the three parties concerned hold firm views on how a payment for access rights should be calculated.
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Policy Committee – 29 June 2000 Page 233 21.5 Hillingdon Council’s officers have also been examining how the future of Minet Site D should be related to any proposals for development of the British Gas site. This needs to take into account both the Council’s current aspirations for improving public access to the site and the provision of open air recreational facilities. The British Gas site is believed to be heavily polluted.
21.6 British Gas announced earlier this year that it intended to submit three planning applications for its site as follows: a) an application for residential development on the northern part of the site to be accessed from Beaconsfield Road in Southall b) an application for industrial development on the southern part of the site accessed from the Hayes By Pass (subject to satisfactory negotiations for access with Hillingdon Council and BW) and c) as an alternative to b) an application for the southern part of the site renewing the current permission for open storage of vehicles
In view of this development, other Partners considered that it would not be appropriate to make any further progress in agreeing a Planning Framework Document but that British Gas’ applications would be considered in the context of existing planning policies. To date no planning applications have yet been made by British Gas. However, Ealing Council is pressing British Gas to prepare comprehensive proposals for the site based on early and full consultation with local people before any planning application are made.
21.7 Hillingdon Council has also been asked to clarify its position with regard to its proposals for Minet Site D and, in particular, whether it wishes the site or any part of it to be included within the marketing of the British Gas/British Waterways sites.
21.8 John McDonnell, the Member of Parliament for Hayes has invited local people and interest groups to a number of meetings to express their views on the future of the Minet site. Following these meetings the Member of Parliament for Hayes and Harlington has now established a Minet Site Community Development Group. The group intend to work together to prepare a composite planning application for future community use of the site. Community use will include the protection of the cycle track, a new primary school, redevelopment of the existing Yeading FC stadium, relocation of Hayes FC to Minet plus a range of environmental enhancements, particularly to the south of the site adjoining the canal. Officers from the Leisure Service have attended each of the meetings, noted what the various interest groups have said and provided advice on possible constraints including, for example, reduction in sports lottery funding, PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 234 road access to the British Gas site, green belt status, ownership of the land and the significant costs involved in clearing up the site.
Proposals
21.9 It is proposed that, in principle, the Committee endorses the intention to seek regeneration of the Parkway sites in collaboration with the Council’s Partners in the Parkway Partnership and in accordance with the Council’s prevailing land use and transport policies. The Council’s officers will continue to seek to encourage development on these sites which would overcome pollution, maximise the advantages and benefits for nearby town centres, contribute to economic regeneration and the creation of employment opportunities whilst not creating excessive traffic generation problems or incompatible development in Green Belt Areas.
21.10 The Council needs to formulate its own proposals for its land on Minet Site D and to seek the views of its residents through consultation. Officers propose that the following range of uses should be considered for Minet Site D shown by black edging on Plan HAY.12/7 dated 5 June 2000:
1. A major landscaping scheme to create a “district park”, including walkways, trim trails, cycle tracks and water features.
2. Possible location for a motorcycle/mountain bike scrambling area (off road).
3. Floodlit outdoor multi-games Astroturf football pitches or similar appropriate use.
4. A velodrome.
5. The provision of indoor support facilities, including health and fitness suite, gym, club house, car parking serving cycle track/velodrome and other outdoor recreational facilities.
6. The possible integration of the site with the Guru Nanak playing fields and the adjoining sports pitches.
7. Creation of pedestrian and cycle access points to the park from all major population areas.
The provision of indoor support facilities (5 above) would normally be treated as inappropriate development in the Green Belt. Very special circumstances would need to be demonstrated for an exception to Green Belt policy and its scale would therefore require careful consideration.
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Policy Committee – 29 June 2000 Page 235 21.11 Minet Site D is subject to a Section 106 Agreement in respect of which this Council has received funds from Sainsburys PLC. If the Council decides to proceed with proposals different from those contained in the original Section 106 Agreement it may be necessary for the Council to negotiate these changes with Sainsburys.
21.12 It is likely that the range of proposals listed above and indicated as aspirations for the provision of open air recreation within Minet Site D would not be able to be funded solely from the money remaining under the former Section 106 Agreement. It is, therefore, proposed that the full range of improvements should be seen as a long term plan and that officers be instructed to identify means of funding the full range of activities and improvements over time.
21.13 Also, in order to prepare the way for improving the site and providing publicly accessible open air recreational facilities, officers propose that negotiations be entered into with a number of existing users of the site as follows: a) Area A is used by the British Cycle Federation – West Thames Division under an informal agreement with the Council and without any general public access. This needs to be regularised as soon as possible. It is proposed that officers should negotiate an appropriate agreement to ensure that the cycle track is available to the public on suitable terms. b) Area B is used for car boot sales under a Management Agreement with the Council permitting these on Sundays, Tuesdays and Thursdays. There is no current planning permission for car boot sale use, the last permission expired on 2 September 1998. A new planning application has been submitted and is under consideration. Planning permission is only likely to be granted for a further temporary period if it was clear that these were firm proposals for development of the land.
If the planning permission is renewed for a limited time, this use could be continued until it needs to be terminated, in a time scale consistent with the introduction of open air recreational facilities on the site. In the event that the use is permitted for a short period officers will negotiate with the licensee over the cleaning up of the land and security of the site to avoid continuation of tipping which has occurred. c) Area C is leased for playing field use to Guru Nanak Sikh College on a 125 year lease expiring in 2019. Officers have concerns about the deposit of material on the land without planning or landlords consent and also that the land has not been prepared and used for playing field purposes. These matters need to be taken up with the College. The configuration of this land projects into the rest of the Minet Site D and officers consider that it may be more satisfactory to negotiate with the
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Policy Committee – 29 June 2000 Page 236 Guru Nanak Sikh College to exchange this land for an equal area of the land within the Area marked D on the plan. d) Area D on the plan is being used by Yeading Football Club without any formal agreement. The Club claims it received a letter from the Council granting a yearly licence at no fee. The Council has no record of this and (as indicated above) Council officers propose that this land should be the subject of negotiations with the Guru Nanak Sikh College. e) Area E is leased to Yeading Football Club under a 50 year lease expiring on 1 August 2039.
The Council has received enquiries from Hayes Football Club, which wishes to relocate onto the Minet Site D, funding the cost of provision of new facilities by the sale of its current ground. Hayes Football Club have been advised that they would need to develop workable proposals and a planning case which would demonstrate a “very special circumstances” case to substantiate why this development should be permitted in the Green Belt. Yeading Football Club have also approached the Council about the possibility of enhancing their facilities and building a bigger stadium. If these proposals are to be considered further officers have suggested the clubs should hold joint talks about the possibility of ground sharing. It is unlikely that very special circumstances could be substantiated to allow this development together with the Council’s own proposals described in paragraph 10 above.
21.14 Subject to the decisions of this Committee, officers would report these proposals for Minet Site D to the Youth and Leisure Sub Committee and open them to public consultation. It is not proposed that any part of Minet Site D, other than the area required for access, be included in the marketing of the British Gas and British Waterways sites but that the Council should pursue a programme for improvement on this site separately.
21.15 In addition, the Council continues to receive applications and expressions of interest from a number of parties wishing to pursue major developments in this area. Many of these, including a recent planning application, are considered to be unrealistic in terms of the levels of traffic likely to be generated, planning policy relating to development in the Green Belt and the capacity of the local infrastructure. Where appropriate, information concerning any applications or interests is shared with other members of the Parkway Partnership. It is anticipated that British Gas and British Waterways would wish to jointly market their sites to achieve the best consideration rather than negotiate directly with any one applicant.
21.16 Many of the planning issues in the “Planning Framework” under discussion with the Partners are based on existing policies in the Council’s PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 237 Unitary Development Plan. However, it is considered that it is now appropriate to refer these sites to Environment Committee so that they can consider appropriate planning policies and confirm the Council’s land use position against the prevailing Uniting Development Plan, to support consideration of development on these sites.
21.17 Policy Committee is also asked to authorise officers to enter into negotiations for the grant of access to the Hayes By Pass from the British Gas and British Waterways sites, subject to the Council entering into a Development Agreement to safeguard its interests.
FINANCIAL COMMENTS
The report makes reference to a source of funding for some of the proposed works being the S106 Agreement in respect of the Minet D site. At present there is £375K of the original £1.4m remaining. This funding is required to complete outstanding obligations under the agreement, unless an alternative use can be agreed with the company that provided the money in accordance with discharging their planning obligations. A number of the items referred to in the report were part of the S106 Agreement and therefore could be carried out without referring back to the developer.
The funds remaining to the Council £375K will clearly not fund all of the list of aspirations for the site. In terms of the site some of the aspirations may be mutually exclusive in terms of land take. The major sports elements of the proposals would either require a commercial partner (e.g. floodlit pitches) or would require partnership with bodies such as the Sports Council (e.g. velodrome).
The report also refers to a number of land management issues that need to be resolved that may subsequently have financial implications for the Council in terms of matters such as liabilities or rental income.
LEGAL COMMENTS
Legal Comments are incorporated into the body of the report.
BACKGROUND DOCUMENTS Correspondence files held in the Property Services Agency770)
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Policy Committee – 29 June 2000 Page 238 Parkway plan 1
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Policy Committee – 29 June 2000 Page 239 Parkway plan 2
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Policy Committee – 29 June 2000 Page 240 ITEM 22 ENVIRONMENTAL STEWARDSHIP – REPORT OF DISTRICT AUDITON REVIEW OF VALUE FOR MONEY INDICATORS
CONTACT OFFICER: Viv Woodcock, TELEPHONE: 01895 250997
SUMMARY
The District Auditor has carried out a review of local authority performance on environmental stewardship. This report outlines the main findings of the District Auditor and proposes a plan of action to improve Hillingdon’s performance.
RECOMMENDATIONS
It is recommended that the Committee:
1. Accept the findings of the District Auditor and note proposals for improvement 2. Endorse the action plan as outlined in Appendix A. 3. Authorise the LA21 Steering Committee to manage the action plan on behalf of the Council.
BACKGROUND INFORMATION
22.1 The Audit Commission produced a national report entitled ”It’s a Small World – Local Government’s Role as Steward of the Environment” in 1997.
22.2 The main findings of the Audit Commission study showed that pressure on the earth’s capacity is growing (world fossil fuel consumption has quadrupled in 40 years, UK car traffic is expected to grow by at least 60% in the next 20 years.) The 1992 Earth Summit produced an agenda for environmental improvement in 21st century, which asked every local authority to implement Local Agenda 21 – a management framework for developing more environmentally friendly policies and practice. The Audit Commission further found that some Local Authorities in England and Wales have made good progress on the Local Agenda 21 – using it as a framework for driving environmental stewardship, and developing innovative environmental initiatives for instance on energy conservation.
22.3 The Audit Commission argued that much more remains to be done, and showed that Local Authorities need to put their own house in order by adopting a strategic and authority wide approach to environmental issues. Local Authorities should limit the introduction of wheeled bins for refuse collection, promote home composting, check for water leaks in council premises and sports facilities, PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 241 survey the energy efficiency of council buildings, and develop comprehensive transport strategies.
22.4 The Audit Commission set up a review of local authority performance on this range of indicators and via the District Auditor reviewed the effectiveness of Hillingdon Council’s strategic processes and performance against a national set of benchmarks or Value for money Indicators.
The District Auditor’s Review
22.5 In 1996/7 The District Auditor found that Hillingdon had: · A lack of a co-ordinated corporate approach to environmental stewardship · An absence of an energy conservation strategy or an energy officer · Good practice in the introduction of an Energy Advice Strategy for householders · Good practice in developing a Waste Management Strategy and high levels of waste recycling.
22.6 This latest VFM Review by the District Auditor took place in 1998/99 aimed to provide data for officers to use in addressing the issues, and compared our local performance to that of other, similar authorities in the following key areas:
· Strategic response in implementing an integrated, structured approach towards environmental stewardship · Deliverable measurable environmental gain using indicators on waste, energy, water and pollution control.
The Main Findings of the District Auditor
22.7 In 1998/99 the District Auditor found that Hillingdon had:
· Made some progress in maintaining environmental management within the Council’s activities · Drafted the Local Agenda 21 document, with increased consultation from stakeholders · Introduced multi-material recycling to 16,000 households (and plans to extend this to 20,000 by the end of this financial year) · Changed all its vehicle fleet to use low sulphur diesel
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Policy Committee – 29 June 2000 Page 242 22.8 The District Auditor suggested there was potential to improve Hillingdon’s environmental performance by
· Considering the effectiveness of the monitoring of Local Agenda 21 targets · Introducing close monitoring of waste management costs and volumes · Adopting a strategic approach to energy and water management
22.9 Due to a misunderstanding, the figures for energy usage were not collected and presented in a format that satisfied the District Auditor at the time the report was being prepared. Steps are being taken to redress this for the future. (Appendix A refers)
Our Action Plan for Improvement
22.10 Please see Appendix A for the action plan devised to ensure that Hillingdon Council improves its stewardship of the environment, particularly in how it carries out its own business.
FINANCIAL CONSIDERATIONS
22.11 The recommendations have no direct financial implications, although implementation and achievement of the measures within the Action Plan may have some financial impact upon the services concerned.
LEGAL CONSIDERATIONS
22.12 There are no legal implications arising directly from this report.
22.13 However, Guidance in DETR Circular 10/99 comments on the experience to date of the best value pilot authorities in conducting their Best Value Reviews under section 5 of the Local Government Act 1999. The Guidance (paragraph 17) points out that such Reviews have the potential to make a real difference to performance “on the ground” and that, if this potential is to be realised, Reviews will need to give effect to the principles of sustainable development.
22.14 The Guidance goes on to suggest that where the authorities have LA21 and any community strategies in place, Reviews will provide an opportunity to give such principles practical effect through the setting of consistent performance targets. The importance of setting such targets is reflected in the fact that the Best Value and Audit Commission Performance Indicators for 2000/2001 contain, in the section dealing with an authority’s corporate health, the following local Best Value Indicator question: “Did the Authority adopt a Local Agenda 21 Plan … by 31 December 2000?”
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Policy Committee – 29 June 2000 Page 243 BACKGROUND DOCUMENTS
· It’s a Small World – Local Government’s Role as a Steward of the Environment – Audit Commission, June 1997 · Environmental Stewardship: Value for Money Indicators – District Audit Issues Paper March 2000 · Draft Hillingdon Local Agenda 21 Strategy - London Borough of Hillingdon, april 2000
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Policy Committee – 29 June 2000 Page 244 London Borough of Hillingdon Action Plan for Improving Environmental Stewardship. Appendix A
Objective Tasks Performance Indicator Timescale Establish a systematic LA21 Steering Group to receive report Report outlines the aims, September 2000 management approach to defining the strategic approach to be objectives, roles and environmental stewardship taken responsibilities of all those involved in environmental stewardship Review terms of reference for the New terms of reference are September 2000 Corporate Officers LA21 Group, to ensure agreed by LA21 Steering Group that it is leading the work within the Council Assess the value of adopting an Eco- Cost Benefit Analysis report September 2000 Management Audit System to provide provided top LA21 Steering strategic information on environmental Group stewardship Improve monitoring of LA21 Establish baseline and comparative data Data base established October 2000 targets for indicators in waste, energy,, water and pollution control. Discuss with secondary schools the need Secondary schools are able to October 2000 for regular data capture of information provide the necessary relevant to environmental stewardship information Regular reports to be provided to LA21 Data provided to Committee for October 2000 Steering Group Board on our monitoring purposes Environmental performance Develop targeted approach to Assess potential to create savings by Potential savings identified December 2000 investment in energy efficiency more effective management of energy management and water use in Council buildings and schools Consider an Invest to Save Strategy for Council’s Capital Investment December 2000 energy management to support a Strategy Officer Group strategic approach to generating further considers proposals savings.
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BARNHILL COMMUNITY HIGH SCHOOL – PFI PROJECT ITEM 23
CONTACT OFFICER: Alan Matthews TELEPHONE: 01895 250494
SUMMARY
The Council has a legal agreement with Jarvis plc for the PFI scheme to construct and manage Barnhill Community High School. Construction work is still ongoing and the current programme requires completion by September 2002. Jarvis plc has offered to complete the work by September 2000 at no extra cost to the Council. Early completion is very much in the interest of the LEA, and this report seeks approval for the necessary amendment to the legal agreement.
RECOMMENDATION
1 That, at no extra cost to the Council, all relevant legal agreements be revised to stipulate completion of the construction programme by September 2000 instead of September 2002.
3 That the Council be authorised to enter into amended contracts for Barnhill Community High School as required to reflect the earlier completion date of the premises; and
3 That appropriate authorisation be given to the Borough Treasure to issue certificates under the Local Government (Contracts) Act 1997 in respect of the amended contracts.
INFORMATION
23.1 Work is still proceeding on the construction of Barnhill Community High School. In addition, the contractors, Jarvis plc, are required to demolish the old Barnhill School, lay out the new playing fields, and carry out work at Belmore Primary School. The work at the primary school involves building a new car park, entrance road etc, agreed as part of a land exchange to enable the new secondary school to be built on its present site.
23.2 The full programme of work is not due for completion until September 2002 but Jarvis plc has offered to accelerate the programme for full completion in September 2000. Jarvis are anxious to leave site to concentrate on other contracts, and the early completion will also give them certain tax advantages.
23.3 It is clearly in the interest of the Council and the two schools concerned for the work to be completed two years ahead of schedule. There will be no cost to the Council in revising the legal agreement because Jarvis plc has offered to meet all of the Council’s costs involved.
23.4 In order for Jarvis plc to gain the tax advantages mentioned earlier, the revised legal agreement must be in place within the next few weeks, and so approval by Members at this meeting is critical if the agreement is to proceed. PART1 – MEMBERS, PUBLIC AND THE PRESS
Policy Committee – 29 June 2000 Page 265 LEGAL IMPLICATIONS
23.5 The acceleration of the Construction programme requires the alteration of the Main Agreement between Jarvis, the Council and the Governing Body for the provision of the school premises and the facilities management services therein. It also requires alteration of the Direct Agreement between the Funder (Abbey National Treasury Services), Jarvis and the Council in respect of the funding of the project, and of subsidiary documentation, in order to take account of the earlier completion date and therefore the earlier commencement of provision of services.
23.6 Jarvis will require that the Council provide a certificate under the Local Government (Contracts) Act 1997 confirming that the Council has the power to enter into the amended contract, and that the Council is not doing so for any improper purpose. The effect of such a certificate is that the Council warrants that it has the power to enter into the contract, and if there is a subsequent legal challenge on that point, the Court can then determine that the contracts shall continue to be enforceable despite any deficiency in the Council’s power to enter the contract in the first place, but if the Court decides not to enforce the contract, the Council is then liable for the contractor’s consequential losses. The Council received Counsel’s advice, and the advice of Wragge & Co, solicitors, in respect of providing a certificate for the initial contracts, and the Funder is seeking Counsel’s opinion again for safety. Wragge & Co advise that the Council’s power to enter into the amended contracts is now stronger than it was originally, as the result of the introduction of the School Standards and Frameworks Act 1998.
RESOURCE IMPLICATIONS
23.7 Jarvis have undertaken to meet the Council’s reasonable legal costs in entering the amended agreements, so there are no resource implications in respect of legal costs.
23.8 The way that the contracts work is that the Council is responsible for making revenue payments to Jarvis in respect of the availability of the completed school premises and for funding the Governing Body to pay for the facilities management services which they provide within those school premises, as well as paying delegated schools budget to the Governing Body. Clearly, the early completion of the premises would normally mean that the Council would have to fund the school considerably earlier than it had planned to do, with consequences for the Schools Budget. However, Jarvis have confirmed that they will not require any acceleration of the Council’s or the Governing Body’s payments for the school or for the services provided therein by Jarvis, so there is no extra funding required from the Council to meet its obligations under the PFI Agreement. Whilst extra costs for energy will incurred, the school will not be using the extra classrooms and so the additional running costs will be minimal.
BACKGROUND DOCUMENTS “Barnhill Community High School – Private Finance” – report to Urgency Sub-Committee 23 November 1998
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