Cabinet and Corporate Services Scrutiny Committee Held at Kensington Town Hall, Hornton Street, London W8 7NX at 6.30Pm on 18 September 2017

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A meeting of the Cabinet and Corporate Services Scrutiny Committee held at Kensington Town Hall, Hornton Street, London W8 7NX at 6.30pm on 18 September 2017

PRESENT Members of the Committee Councillor Pat Mason (Chairman) Councillor James Husband (Vice-Chairman) Councillor Adrian Berrill-Cox Councillor Barbara Campbell Councillor Emma Dent Coad Councillor Daniel Moylan Councillor Andrew Rinker

Others in attendance

Councillor David Lindsay (Lead Member for Corporate Services) Chris Buss (Interim Head of Finance) Edward Hammond (Centre for Public Scrutiny) Stuart Priestley (Chief Community safety Officer) John Quinn (Director of Corporate Services) Tasnim Shawkat (Director of Law) Spencer Sutcliff (Borough Fire Commander) Heather Wills (Interim Director for Local Services)

A G E N D A

A1 THE GRENFELL TOWER FIRE: MINUTE SILENCE FOR THE VICTIMS

A2 CHAIRMAN AND VICE-CHAIRMAN

Agreed.

A3 APOLOGIES FOR ABSENCE

Apologies for absence were given on behalf of Cllr Nicholls and Cllr Rutherford. It was noted that Cllr Dent Coad would have to leave the meeting early.

A4 DECLARATIONS OF INTEREST

None.

A5 MINUTES

The minutes were confirmed as a correct record and were signed by the Chairman.

Cllr Moylan expressed his gratitude to all agencies for the proactive response in relation to Carnival. The Committeee discussed the plans put in place for crowd control and dispersion.

A6 BOROUGH FIRE COMMANDER REPORT

The Chairman introduced Spencer Sutcliff.

Spencer Sutcliff reported on the focus of Fire Service operations post Grenfell Fire tragedy. It was noted:

i) 103 fires have been reported within the last 6 months, compared to 100 in the previous 6 months. ii) Fires have occurred at Trellick Tower. During attendance the Fire Service encountered some mechanical problems with connecting pipes to the water mains and these concerns have been raised with the TMO. A further fire occurred at Trellick Tower on the 20th June, it was noted that two causalities with minor burns were treated. iii) On the 8 September two fires within the Borough took place, one at a terraced house converted to flats, and on the same evening a smaller fire took place at Marroush at Beacham Place, which resulted in the evacuation of the premises.

Fire Enforcement

The Borough Fire Commander reported on enforcement activity Throughout the Borough and the following was noted:

i) Hazelwood and Adair Tower in Golborne Ward has fully complied with their Enforcement notice. ii) 103 fires have been reported in the last 6 months. iii) Prohibition notice has been served on 16 Notting Hill Gate. This was identified when the Fire Service attended a small fire at 12 Notting Hill Gate. It’s unkown if that was reported to the environmental health team. iv) 900 buildings within the borough are over 18 metres in height, many of which are large houses, office complexes and shops.

The Fire Service has taken a measured approach initially inspecting buildings over 30 meters and those managed by the TMO. This first stage will be completed by the 30th September. The buildings will be subject to an operational plan. The second inspection phase will also include areas outside of

the Borough boundaries, but within the fire station’s ground, in line with the Fire Brigade’s inspection plan.

The Chairman said he understood that there was no central register of the tall buildings that are required to be inspected by the DCLG, post the Grenfell Tower Fire, that will include many owned by private property owners and companies. The Borough Fire Commander confirmed that no such register exists, that there is a list of registered housing providers, i.e, housing associations, but the Fire Service will look at all tall buildings throughout the Borough.

Cllr Dent Coad asked whether the P1 postcode gives information as to the density of the buildings, specifically with the high density student housing. The Committee heard that the P1 postcode does not provide density information but the Fire Service is working across London to access and inspect high rise buildings throughout London. The Committee noted that privately owned blocks are problematic to identify and inspect.

The Committee were briefed on the cladding test process and it was noted that the testing process consists of six construction phases of testing.

It was noted that nearly 200 buildings across London have failed the test but none of these buildings are within the Borough. The Fire Service wrote to every local authority and asked if they had access to information provided by private landlords. It was also noted that the cost of the cladding inspections and removal (if that was thought necessary) for these properties is likely to be passed onto the leaseholders.

Cllr Rinker reported that he has a number of housing projects within his ward and would like to know who is provided with the fire safety inspection reports following an inspection, and also if the Fire Service writes to the Residents informing them of the inspection results. The Borough Fire Commander reported that all buildings are required to have a Fire Risk Assessment and that the London Fire Brigade does not openly publish fire safety Reports.

It was noted that these reports are subject to Freedom of Information Requests but any decision to share the reports would be subject to the Fire Service’s corporate protocols. The Committee recommended that the Leadership team should take the matter up with the London Fire Brigade.

It was noted that a public register of legal notices is published. Cllr Moylan mentioned a timber framed building that he thought should be inspected and requested that a building located on Edith Grove is made a priority. Cllr Dent Coad also raised Middle Coat Road which is built with wood based Composite, she thought is was near New Kings Road.

Community safety across the Borough will be the focus of the Commander’s

report when he attends the meeting within the next six months. Presently efforts are focused on setting up a cadet force.

The Chairman thanked the Borough Commander and invited him to return before the next scheduled update if he needs to update the Committee.

A7 MAJOR EMERGENCIES CONTINGENCY UPDATE

The Chairman introduced the item and asked Ms Wills if the Borough has a plan which will work should a disaster occur tomorrow.

The Committee heard that Mr Andrew Pritchard has been appointed as a consultant and the Council’s contingency management plan has been reviewed and revised: this revised plan will be used in any emergency going forwards. Ms Wills reported that Mr Andrew Pritchard had confirmed that the revised plan meets minimum standards for London and best practice across London.

The Committee agreed that once the review of the plan has been conducted it should be tabled for discussion along with a report of what lessons have been learned. Cllr Moylan also suggested that the Chairman meet with the relevant Officers, outside of the Scrutiny Committee meeting to discuss the report in detail.

Cllr Wade queried as to whether a rolling review of the new emergencies contingency plan is ongoing. The Committee heard that plan will be kept under review as will staff training.

Ms Wills highlighted the ‘Fit for Future Purposes’ paper which sets out aims for a future staffing structure for the Council, which went to the administration committee. Cllr Mason expressed concern in relation to Officers being available on site if an emergency were to occur. It was noted that an exercise to test the implementation of the new plan was run prior to Carnival and that staff contact information is now kept up to date. Cllr Dent Coad queried as to whether the new plan would specify the role of Councillors should another major emergency occur. It was noted that this information will be included within the report.

The Chairman thanked Ms Wills for the update and invited her to return to discuss the matter once the review of the plan is completed.

A8 INDEPENDENT REVIEW OF GOVERNANCE

Cllr Lindsay reported that the item will be discussed at the next council meeting. The Committee heard that one of the areas that will be addressed is the options for effective governance, including the potential to switch from

existing Executive decision making arrangements to a Committee based system.

Cllr Moylan expressed concern that the Centre for Public Scrutiny (CfPS) is an organisation that is primarily concerned with improving the quality of Scrutiny. Ed Hammond, attending from Centre for Public Scrutiny, explained that their work also included work to ensure effective governance in general. Cllr Moylan suggested that scrutiny is functioning properly but the Executive is not taking into account recommendations made by Scrutiny.

The Committee discussed the scope of the review and Cllr Berrill-Cox requested that time is spent properly testing the recommendations which are made following the review before they’re fully implemented. It was noted that Cllr Rinker volunteered to take part in the consultation process.

The Committee discussed the key decision process and expressed frustration at the volume of decisions which have been brought forward as urgent items, resulting in the Committee not having an opportunity to scrutinise proposals properly. The Committee also agreed that it was possible for key decisions to be scrutinised after decisions have been formally proposed.

The Committee also discussed contract extensions and again expressed frustration at the amount of extensions taking place. Cllr Weale reported that she related to the problem with key decisions and that Lead Members need to challenge Officers as to the content which is placed within Part A and B parts of the reports and appendices.

The Chairman raised community engagement and suggested that the focus should change to community empowerment to encourage a change of culture. The Committee welcomed the scope of the review and requested that analysis includes consideration of best practice elsewhere.

The Committee noted that the Leader will launch the review at the Council meeting on 27 September and has expressed an interest in the review being discussed at other forums.

A9 PROVISIONAL REVENUE AND CAPITAL OUTTURN 2016-17

Cllr Moylan highlighted that the accounts should be submitted to the Cabinet before submission to the auditors.

Cllr Moylan highlighted the underspending and transfers and suggested that this was due to poor budgeting. The Committee heard a number of specific reasons why the reserves had been so high, not least because Business

Group underspends were automatically transferred there. Mr Buss agreed to summarising the transfers and write to all members of the Committee.

Cllr Wade raised the variance in under and over spends and suggested that if a review takes place then some sort of clarity needs to be provided.

Mr Buss reported that some of the underspends are due to staffing and external factors such as service usage.

A10 TRI-BOROUGH UPDATE (STANDING ITEM)

Noted.

A11 LEADERSHIP TEAM MEETING

Legal Fees for Public Inquiry and Operation Northleigh Investigation (Key decision)

The Committee discussed the delegation of key decisions to Officers and that unlimited delegations are not the way forward and recommended a workable cap on the expenditure. It was agreed that a reference to recommend a threshold should be made to the Leadership Team.

Cllr Weale added that is understandable that money needs to spend.

A12 FORWARD PLAN – AS AT 8 SEPTEMBER (ATTACHED)

None.

A13 LIST OF URGENT KEY DECISIONS

None.

A14 ANY OTHER ORAL OR WRITTEN ITEMS WHICH THE CHAIRMAN CONSIDERS URGENT

None.

EXCLUSION OF PRESS AND PUBLIC FROM THE MEETING:

RESOLVED – to exclude the press and public from the meeting for the following specific items of business on the grounds that they may involve the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act.