Meeting of the Council 5th December, 2016

Action Notes of Community Forums

Minutes of Cabinet, Committees and Sub-Committees

Delegated Decision Sheets Council Meeting – 5th December, 2016 – White Book Period: 24th September to 18th November, 2016 Date Pages

Community Forums

Coseley East and Community Forum 31/10/2016 1–4

Gornal and Upper Gornal & Woodsetton 31/10/2016 5-8 Community Forum

Halesowen North and Halesowen South 01/11/2016 9-11 Community Forum

Netherton, Woodside and St. Andrews and 01/11/2016 12-15 and Wood Community Forum

Brierley Hill and Brockmoor & Community 02/11/2016 16-19 Forum

Castle and Priory, St. James’s and St. Thomas’s 02/11/2016 20-23 Community Forum

Kingswinford North and Wall Heath, 03/11/2016 24-28 South and Community Forum

Norton, Pedmore and Stourbridge East, Wollaston and 03/11/2016 29-32 Stourbridge Town Community Forum

Belle Vale, Hayley Green and Cradley South 07/11/2016 33-35 Community Forum

Amblecote, Cradley and Wollescote, Lye and 07/11/2016 36-39 Stourbridge North Community Forum

Overview and Scrutiny

Overview and Scrutiny Management Board 25/10/2016 40-43

Children’s Services Scrutiny Committee 26/09/2016 44-46 16/11/2016 47-52

Corporate Scrutiny Committee 27/09/2016 53-58 17/11/2016 59-65

Health and Adult Social Care Scrutiny Committee 28/09/2016 66-77

Place Scrutiny Committee 15/11/2016 78-87 Regulatory, Statutory and Other Meetings

Appeals Committee 10/10/2016 88-89 15/11/2016 90-92

Appointments Committee 14/11/2016 93-94

Children’s Corporate Parenting Board 27/09/2016 95-101 08/11/2016 102-108

Development Control Committee 17/10/2016 109-120 08/11/2016 121-126

Dudley Health and Wellbeing Board 29/09/2016 127-138

Ernest Stevens Trusts Management Committee 27/10/2016 139-143

Licensing Sub-Committee 1 18/10/2016 144-151

Licensing Sub-Committee 3 01/11/2016 152-156

Taxis Committee 18/10/2016 157-162 09/11/2016 163-167

The Cabinet 26/10/2016 168-172 10/11/2016 173-176

Delegated Decision Summaries 24/09/2016 177-183 to 18/11/2016

Decision sheets, minutes and reports can be viewed online via the Committee Management Information System (CMIS)

Action Notes of the East/Sedgley Community Forum

Monday 31st October 2016 at 6.30 pm at Age Concern, Ettymore Road, Sedgley

Present:-

Councillor T Westwood (Chair) Councillor M Mottram (Vice-Chair) Councillors S Anderton, M Evans and S Ridney

Officers:-

S Cooper (Lead Officer to the Forum) (Head of Corporate Landlord Services) and M Johal (Democratic Services Officer)

There were six members of the public in attendance at the meeting.

10 Welcome and Introductions

The Chair welcomed those present to the meeting followed by general introductions.

11 Apologies

Councillor B Etheridge.

12 Listening to you – Questions and Comments from Local Residents

Subject Response/Action

Mr K McClymont gave a short Noted. presentation on work undertaken to achieve a Dignity Charter for Dudley.

Request for traffic calming measures Ward Councillors to consider the issue. on Clifton Street due to speeding traffic and that the road was being used as a rat run.

Mention was made of a hand held device that could be used to gather data.

CSCF/5 1 Lack of parking and inconsiderate The Vice-Chair undertook to speak to the parking on Clifton Street. Mention traffic section. was again made about the garaged area near Branfield Close/Clifton Street and an update requested on off-street parking.

Problems arising from overgrown The Vice-Chair reported that owing to trees and a request made for budget cuts no maintenance works would maintenance works to be undertaken. be undertaken until spring.

Complaint made that the Coseley Lead Officer/Democratic Services Officer East/Sedgley Community Forum were to investigate the issue. not advertised on the Council’s website.

The Lead Officer to the Committee Noted. referred to consultation documents that were available for members of the public relating to the Statement of Community Involvement and ball games at Ernest Stevens Parks and Homer Hill Park.

13 Working with you – Topics Raised by Local Councillors

Subject Action

Councillor S Anderton:-

Complained about heavy goods Noted. vehicles using Bridge Street and the reluctance in police action.

Councillor M Mottram:-

Informed the meeting on a Noted. Christmas festivity event to take place on 2nd December, 2016 from 4pm to 8pm and that Coseley lights would be switched on at 6.45 pm.

Councillor S Ridney:-

Referred to general concerns about Noted. trees and grass cutting.

CSCF/6 2 Councillor M Evans:-

(1) Referred to concerns about the Noted. recent spate of knife crimes.

(2) Informed the meeting about thefts Noted. on victims that had been followed when visiting banks to withdraw cash.

Councillor T Westwood:-

Indicated that consideration was Noted. being given to holding community forum meetings in conjunction with the police.

14 Community Forum Funding

The Forum considered a report of the Lead Officer.

Application Recommendation

Total Perception Community Interest Refused due to lack of information on the Company direct benefit to the local community in the Coseley East/Sedgley area.

Sedgley Community Association Approve contribution of up to £889.98 towards the cost of providing new flags (to be allocated from Sedgley Ward budget)

Sedgley Community Association Approve contribution of up to £4493.40 towards the cost of installing and maintaining Christmas light displays (to be allocated from Sedgley Ward budget)

Upper Ettingshall Methodist Church Approve contribution of up to £4,500 towards Christmas festivities to include Christmas light displays in Castle Street, Coseley (to be allocated from Coseley East Ward budget)

CSCF/7 3 15 Dates of Future Meetings

It was noted that future meetings of the Community Forum would be held on the following dates at 6.30 pm:-

Monday 9th January, 2017 – Christchurch C of E School, Church Road, Coseley Monday 13th March, 2017 – Age Concern, Ettymore Road, Sedgley

The meeting ended at 7.30 pm

CSCF/8 4 Action Notes of the Gornal and Upper Gornal and Woodsetton Community Forum

Monday 31st October, 2016 at 6.30pm at The Upper Gornal Pensioners Club, Kent Street, Dudley

Present:

Councillor D Stanley (Chair) Councillor D Perks (Vice-Chair) Councillors A Aston, K Casey, A Millward and R Scott-Dow.

Officers:

S Taylor (Lead Officer) (Head of ICT Services) and K Buckle (Democratic Services Officer)

Together with 30 members of the public

9 Welcome and Introductions

The Chair welcomed those present to the meeting and Members introduced themselves.

10 Winter Warmth

Members considered a verbal presentation of H Langley, in relation to the Council’s Winter Warmth campaign. It was noted that that this also included an adaption service for which funding was available. Details of services available such as loft and cavity wall insulation, water bottles and blankets were outlined together with the funding available for adaptations. Leaflets were distributed to those present.

11 Listening to you: Questions and Comments from Local Residents

Subject Action

The Chair read out a briefing note in Noted. relation to Vale Street, Upper Gornal. It was agreed that due to sensitivity of negotiations a further briefing note would be provided at the next meeting of the Forum and Councillors from both Wards were working hard to reach a satisfactory improvements for all local residents.

GCF/6

5 Concerns regarding road safety in Temple Councillor A Millward was to meet Street, Zoar Street and Redhall Road, with the relevant Council Officer to Gornal. discuss the concerns raised.

A suggestion that a metal bin be installed Councillor A Millward would pursue outside the Gornal Fryer. with relevant Officers.

A request that a bollard be installed in Ward Councillors to discuss the Board School Gardens, Upper Gornal to issue with relevant Council prevent vehicular access. Officers.

A suggestion that a protocol be introduced Councillor A Millward to liaise with to ask questions at Forums ie; question other Forums. boxes in local libraries and provision to email questions.

Concerns regarding the deterioration of the The Chair to meet with the relevant Gornal Crematorium Council Officer to discuss the concerns raised.

The way in which Community Forums were Noted. conducted across the Borough would be consulted upon with local residents. PACT meetings were to cease and there would be police presence at future Forum meetings.

The installation of a bollard on the corner of Councillor K Casey to liaise with Parkes Hall Road and Elm Green Road, relevant Council Officers. Upper Gornal.

12 Working with you: Topics raised by Local Councillors

Subject Action

Gornal Remembrance Day Parade would take Noted place on Sunday 11th November, 2016 at 10am from the Lower Gornal Royal British Legion.

Upper Gornal and Woodsetton Remembrance Noted Day Parade from the Bramford Public House on Sunday 11th November, 2016 at 9.15am.

The Upper Gornal Christmas Switch On event Noted. would take place on Friday 2nd December and the Gornal Switch On event would take place on Saturday 3rd December, 2016.

GCF/7

6 Councillor A Aston referred to a petition in order Noted to investigate implementing traffic calming measures in Brook Street off Tipton Road, Woodsetton.

Concillor R Scott-Dow referred to the agreement Noted of Eggingtons Chemist in order that land could be obtained for a supermarket to be constructed in Gornal Village, which would involve pursuing adjustments to the road between the two schools in Redhall Road to provide a raised crossing.

Councillor A Millward addressed issues raised Noted regarding problems caused by deliveries to supermarkets, advising that it was hoped that loading and unloading times would be implemented for the new supermarket.

Councillor A Millward congratulated the Friends of Cotwall End for arranging the Halloween Event and Ms C Bate for arranging the Gornal Switch On event. Councillor D Perks echoed congratulations to the Friends of Cotwall End.

The Chair referred to the possible submission of Noted a planning application by the developers of the supermarket in Gornal and echoed his support for the Friends of Cotwall End arranging the Halloween event commending those involved. It was noted that 200 people had attended the event which continued to take place on the closest Saturday to Halloween.

13 Community Forum Funding

Application Recommendation

Gornal Together Approved £1,600 – Gornal Ward.

St Peter’s Church Hall Deferred for further information on previous Funding Applications granted.

Sycamore Adventure Approved £375 – Upper Gornal & Woodsetton Playground. Ward - £375 Gornal Ward (£750 in total).

GCF/8

7 14 Statement of Community Involvement

The Lead Officer referred to the draft Statement of Community Involvement which was being progressed and set out how Dudley Council would consult on planning policy documents, neighbourhood plans, planning and related applications and development orders, including who the Council would consult with and for how long. It was noted that the Consultation period would be for eight weeks ending on Monday 28th November, 2016.

The Lead Officer referred to copies of the relevant documents which were available at the meeting and also on the Council’s website. The public were encouraged to respond.

15 Dignity Charter

K McClymont gave a verbal presentation on the Dignity Charter, referring to a Dignity Action Day which would take place on 11th February, 2016 at the Queens Cross Centre, Wellington Road, Dudley. Paper hearts were distributed at the meeting, with a request that those present express on the heart what dignity meant to them. It was noted that the hearts would be displayed on a tree at the Dignity Action Day.

The invitation for organisations throughout the Borough to sign a Pledge to promote dignity was referred to.

The Chair thanked K McClymont for his presentation.

16 Dates, Times and Venues of Future Meetings

Future meetings of the Community Forum would be held on the following dates:-

• Monday 9th January, 2017 – 6.30pm – The Lower Gornal Royal British Legion, Ruiton Street, Dudley • Monday 13th March, 2017 – 6.30pm – Bramford Primary School, Chad Road, Bilston.

The meeting ended at 8.40pm

GCF/9

8 Action Notes of the Halesowen North and Halesowen South Community Forum

Tuesday 1st November, 2016 at 6.30pm at Olive Hill Primary School, Springfield Road, Halesowen

Present:

Councillor K Shakespeare (Chair) Councillor A Taylor (Vice-Chair) Councillors H Bills, N Gregory, S Henley and D Vickers

Officers:

S Beckett - Lead Officer to the Forum (Head of Revenue and Benefit Services) and K Griffiths (Democratic Services Officer) – Chief Executive’s Directorate

Together with 10 members of the public

11 Welcome and Introductions

The Chair welcomed those present to the meeting.

12 Listening to you: Questions and Comments from Local Residents

Subject Action

A presentation was given on work Noted. undertaken to achieve a Dignity Charter for Dudley. Paper hearts were distributed at the meeting, with a request that those present express on the heart what dignity meant to them. The hearts would be displayed on a tree at Queens Cross Centre, Wellington Road, Dudley and used to produce the Dignity Charter.

Anti-social behaviour and arson in the Members indicated that the issue was vicinity of the Hope Street. This issue ongoing. The resident was requested had been notified, on a number of to e-mail the three Ward Councillors occasions, to the Police, however, no with specific details and the Councillors action had been taken. would pursue the issue with the Police.

Reference was also made to the possibility of combining future Community Forum and PACT meetings.

HCF/6

9

13 Working with you: Topics raised by Local Councillors

Subject Action

Councillor K Shakespeare referred to Referred for consideration. the safety impact of dimming the street lighting in Halesowen North and requested this matter be investigated.

Councillor N Gregory referred to the Referred for a response. recent petition on safety measures being put in place along Howley Grange Road and requested an update. Reference was also made to the recent speed strip in that area and queried when the information would be available.

14 Community Forum Funding

Application Recommendation

Shell Corner Partnership Approval of £1,635 to purchase solar powered Christmas trees to be mounted on lampposts.

(NB: Councillors H Bills, S Henley and K Shakespeare, Ward Councillors for Halesowen North, declared non- pecuniary interests as Members of the Shell Corner Partnership).

The Forum was encouraged to attend the Christmas light switch on at 5.00pm on 19th November, 2016 in Maple Road.

Halesowen Abbey Trust Approval of £4,000 for the creation of a wildflower meadow and wildlife pond.

(NB: Councillors H Bills and D Vickers declared non-pecuniary interests as Trustees of the Halesowen Abbey Trust, appointed by Dudley MBC).

In referring to an application received on behalf of Sycamore Adventure, the Forum agreed that the application and future borough-wide applications of this nature would not be considered.

HCF/7

10 Reference was made to a funding application being submitted in the near future in relation to the reinstatement of a shell at Shell Corner. The Forum agreed to reserve £1,000 to contribute towards the project.

15 Statement of Community Involvement

The Lead Officer referred to the draft Statement of Community Involvement which was currently the subject of public consultation. The consultation period would be for eight weeks ending on 28th November, 2016.

The Lead Officer referred to copies of the relevant documents which were available at the meeting and also on the Council’s website. Members of the public were encouraged to complete the questionnaire.

16 Dates, Times and Venues of Future Meetings

Meetings of the Community Forum would be held on the following dates:

• Tuesday 10th January, 2017 – Leasowes High School – 6.30pm • Thursday 16th March, 2017 – Halesbury School – 6.30pm

The meeting ended at 7.30pm

HCF/8

11 Action Notes of the Netherton, Woodside and St Andrews/Quarry Bank and Dudley Wood Community Forum

Tuesday 1st November, 2016 at 6.30pm at Dudley Wood Neighbourhood Learning Centre, Off Pavillion Gardens, Dudley Wood Road, Dudley

Present:-

Councillor Q Zada (Chair) Councillor B Cotterill (Vice-Chair) Councillors J Cowell, C Perks, D Sparks and E Taylor.

Officers:-

A Tromans - Lead Officer to the Forum (Information Systems Manager, ICT Services) and M Johal – Senior Democratic Services Officer (Chief Executives Directorate)

There were 8 members of the public in attendance.

10 Welcome and Introductions

The Chair welcomed everyone to the meeting followed by general introductions.

11 Consultation on the Statement of Community Involvement (SCI)

The Forum considered a verbal presentation from the Senior Planning Officer on consultation on the SCI. Documents on the subject were made available together with a questionnaire for completion.

Reference was made to the Development Control Committee and on the need for recommendations from Officers to be made in line with various plans and strategies together with consideration being given to relevant objections. Particular reference was made to a specific planning application relating to Quarry Bank High Street. A comment was also made on the complexity and delays involved in making an application for planning permission. The Senior Planning Officer undertook to feedback comments to the Head of Planning and Development.

In relation to general consultation comments were made in that consultation exercises should be community led rather than Officer led and documents should be presented and written in a jargon free and simple manner.

NQCF/6

12

12 Winter Warmth

The meeting considered a verbal presentation in relation to the Council’s Winter Warmth campaign which was a service available to all residents of the Borough. Information was also given on grants that were available to people with specific illnesses or a disability to assist with adaptations being made to their homes. Leaflets containing further information on the subjects were circulated in this regard.

13 Dignity Charter Presentation

A verbal presentation was given on work currently being undertaken in relation to a Dignity Charter for Dudley and presentations were currently taking place across the Borough to raise awareness. Blank paper hearts were distributed to those in attendance for their comments on what dignity meant to them. This information would then be collated and displayed on a tree.

The Chair commended all those at Queens Cross for the work undertaken on the Dignity Charter campaign. It was commented that the Council should consider reviewing the procurement process with a view to transacting business only with care providers that adopted the Dignity Charter.

14 Consultation on Ball Games

The Lead Officer to the Committee informed the meeting on a consultation on ball games at four of the Borough’s parks and the future of bowling greens. Further information, and to take part in the consultation were available by visiting www.dudley.gov.uk/see-and-do/ or email [email protected] or telephone on 0300 555 2345. Information was also circulated at the meeting.

15 Listening to you – Questions and Comments by Local Residents

Subject Action

Complaints about visibility and Referred for written response/action. confusing signage on Priory Road/Ednam Road that directed people to Ednam Road although the entrance was on Priory Road.

The Chair indicated that the Council were currently undertaking a review of all Council buildings as part of the One Public Estate strategy.

Reference made to a particular case Referred for written response/action. whereby a fixed penalty notice had been NQCF/7

13 issued to a disabled person for parking in a loading bay in Wolverhampton Street. There were no markings laid on the ground and the notice had been missed due to unloading a wheelchair. It was questioned whether the fine was reasonable given the circumstances of the case and it was commented that signage should be made bigger and clearer.

Speeding problems in Heath Road and Referred for a written response/action. an update on previous request for traffic calming measures.

Request for the removal of a sign Referred for a response/action. displaying “private parking” which had been erected by a resident on private land on Saltwells Road near Shuttle Lane.

Confirmation sought on whether there Referred for a response/action. would be police presence at future Community Forum meetings.

Request for co-ordination in timetabling Lead Officer to liaise with Democratic Community Forum meetings so that Services they did not clash with Tenants and Residents Association meetings.

16 Working with you: Topics raised by Local Councillors

Subject Action

Councillors Cotterill and Sparks referred Referred for a response/action. to speeding problems in the Quarry bank area and it was requested that a traffic review of the area be reconsidered given the increase in speeding and rat runs since the previous request.

17 Community Forum – Love Your Local Community Funding

Application Decision made since the last meeting

NQCF/8

14 Friends of Quarry Bank Park – Approval noted of £3,700 allocated from Sculptural fencing to the existing war the Quarry Bank and Dudley Ward memorial monument in Quarry Bank budget. Park.

Application Recommendation

Friends of Sycamore Adventure – A Refused, as no direct benefit for residents SMART system for registering, in areas applicable to this Forum and recording and monitoring access to the Borough wide applications were generally adventure playground not accepted.

18 Dates, time and venues of future meetings

Tuesday 10th January 2017 – Woodside Community Centre Tuesday 21st March 2017 – Savoy Centre

The meeting ended at 7.45 pm.

NQCF/9

15 Action Notes of the and Brockmoor & Pensnett Community Forum

Wednesday 2nd November, 2016 at 6.30pm at the Pensnett and Bromley Senior Citizens Club, Tiled House Lane, Pensnett, Brierley Hill.

Present:-

Councillors S Craigie, J Foster, R Harris, Z Islam, K Jordan and J Martin.

Officers:-

H Martin - Lead Officer to the Forum (Head of Planning and Development) and K Buckle - Democratic Services Officer (Chief Executive’s Directorate)

Together with 6 members of the public

11 Election of Chair

Councillor J Martin was elected Chair for this meeting of the Forum only.

12 Welcome and Introductions

The Chair welcomed those present and Members and Officers introduced themselves.

13 Listening to you – Questions and Comments by Local Residents

Subject Action

An issue in relation to the grant of Noted, Ward Councillors had objected to Planning Permission to the rear of the Application, however a subsequent Cygnet Lane, Pensnett. appeal to the Planning Expectorate had overturned that decision. The Developer had three years from the grant of that permission to commence the development.

Concerns regarding the car wash in Noted, the operator had been written to High Oak, Pensnett, blocking drainage. regarding their breach of condition. Should the breach not be remedied, the severity of the breach would determine the action to be taken which would either be prosecution with the potential imposition of a Court fine or a Stop Notice being issued, to cease all further trading.

BHCF/6

16

Issue raised regarding fly tipping Referred for a written response. Vicarage Road towards Barrowhill Copse, Pensnett.

A request that the road outside St Referred for action. Mark’s Church, Pensnett be swept in readiness for the Remembrance Day Parade.

A request that the double yellow lines in Referred for a written response. Byron Street, Pensnett be joined up in the gap adjacent to the dropped kerb.

Issues raised with those collecting for Referred for a written response. charities knocking doors of elderly residents during winter nights.

Could the High Oak Surgery Christmas Poster forwarded to relevant Council Tree Party on 24th November be Officer for advertisement purposes. advertised by the Council.

Could the Council provide any The Lead Officer would investigate with assistance with available funding for the Conservation Officers and liaise with the replacement of the Rose Glass Window questioner. at St Mark’s Church.

Re-Surfacing work was required Referred to the appropriate Council opposite St Mark’s School, High Street, Officers for action. Pensnett.

The development of the former Queens The Lead Officer to advise the questioner Head Public House, Commonside. of the current position with the development.

14 Winter Warmth

Members considered a verbal presentation of C Bennett, in relation to the Council’s Winter Warmth Services. It was noted that that this also included an adaption service for which funding was available. Details of services available were outlined together with the funding available for adaptations. Leaflets were distributed to those present.

15 Dignity Charter

K McClymont gave a verbal presentation on the Dignity Charter, referring to a Dignity Action Day which would take place in February, 2016 at the Queens Cross BHCF/7

17 Centre, Wellington Road, Dudley. Paper hearts were distributed at the meeting, with a request that those present express on the heart what dignity meant to them. It was noted that the hearts would be displayed on a tree at the Dignity Action Day.

The invitation for organisations throughout the Borough to sign a Pledge to promote dignity was referred to.

16 Statement of Community Involvement

The Lead Officer referred to the draft Statement of Community Involvement which was being progressed and set out how Dudley Council would consult on planning policy documents, neighbourhood plans, planning and related applications and development orders, including who the Council would consult with and for how long. It was noted that the Consultation period would be for eight weeks ending on Monday 28th November, 2016.

The Lead Officer in referring to the section on neighbourhood planning advised that this would provide communities with direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local areas.

The Lead Officer referred to copies of the relevant documents which were available at the meeting and also on the Council’s website. The public were encouraged to respond.

17 Working with you: Topics raised by Local Councillors

Councillor J Martin referred to the following:-

The High Oak roadworks scheme was due to commence in January, 2017, however commencement may be slightly delayed.

In relation to the Community Asset Transfer for 16 Commonside to operate a central hub this may not go ahead and any suggestions in relation to the future use for the former rent office would be welcomed.

Proposals for a residential development on the former Ibstock Brick Yard in Tansley Green Road were referred to and it was noted that it was proposed that an element would be provided for affordable housing.

Councillor J Foster advised that although a Planning Application had been refused for a development in School Street, Pensnett the applicant was at liberty to appeal to the Planning Inspectorate who could overturn the refusal of the Council’s Development Control Committee.

It hoped that the development on the site of the former Education Centre in Church Street would deter any future anti social behaviour.

Councillor K Jordan advised that she had raised the issue with Trading Standards in BHCF/8

18 relation to residents receiving nuisance bogus telephone calls.

18 Community Forum – Love Your Local Community Funding

Application Recommendation

Corbyns and Bromley TRA Deferred for further information on whether the Community Asset Transfer was to proceed.

Friends of Sycamore Adventure Deferred for further information.

19 Dates, time and venues of future meetings

Noted.

The meeting ended at 8.30 pm.

BHCF/9

19 Action Notes of the Castle and Priory, St James’s and St Thomas’s Community Forum

Wednesday, 2nd November, 2016 at 6.30 pm at St Francis Parish Church, Laurel Road, Dudley

Present:

Councillor A Ahmed (Chair) Councillor K Finch (Vice-Chair) Councillors K Ahmed, S Ali, C Bayton, M Aston and A Finch

Officers:

S Griffiths (Lead Officer to the Forum) (Democratic Services Manager) Together with 32 members of the public.

8 Apologies for Absence

Councillors G Simms and S Waltho.

9 Welcome and Introductions

The Chair welcomed everyone to the meeting. Following general announcements Councillors and Officers introduced themselves.

10 Listening to you – Questions and Comments from Local Residents

Subject Action

Russells Hall Estate: bushes and Lead Officer to raise with Dudley overhanging branches at Overfield Council Plus for responses to be given Road; the use of the football pitch; the to any outstanding issues. building of houses behind Broad Meadow, footpaths at Hawkesley Road Members referred to the severe and the pedestrian crossing near St financial pressures, which impacted on Barnabas Church. response times and the ability of the Council to undertake all of the Reference to fly tipping and branches requested maintenance works. being broken from trees in the park.

Timescales in connection with the plans The Cabinet Member for Planning and for land off Tipton Road, Dudley - Economic Development reported that it Erection of an Innovation Centre for the was envisaged that the work would design and construction of lightweight start in 2017/18. He also referred to rail vehicles. plans for the Metro extension.

CPCF/9

20 Traffic issues and speeding in Gervase Residents were asked to liaise with the Drive, Dudley. ward Councillors with a view to organising a petition.

Ongoing issues relating to Blackacre The correspondence would be Road, Dudley and surrounding streets. forwarded to the Strategic Director Place to consider the future options.

Request for an extra green bin collection The resident was advised that an extra on 18th November, 2016 and for the green bin collection may not be Council to clean up leaves on possible due to financial constraints, pavements in Corporation Road, Dudley however, the requests would be and neighbouring streets. forwarded for a response.

Petition from residents in Banklands The petition and the various issues Road, Dudley requesting a timescale for would be referred to Street and Green action to deal with overgrown bushes Care Services in the Place Directorate. and hedges. Particular reference to the Reference was made to the severe steps from Four Winds down to financial pressures and the lack of Banklands Road, the corner of resources to undertake requested Banklands Road/Eastwood Road and maintenance works. It was noted that safety concerns at the New Rowley priority would be considered for issues Road corner onto Banklands Road. of public safety.

Request for a timescale and date upon Lead Officer to raise with Dudley which new cameras would be installed Council Plus for a response. on Birmingham New Road / Wolverhampton Road.

New Aldi store on the site of the former Residents thanked local councillors for King Arthur Public House. supporting this development.

Request for the opening of toilets in Noted. Dudley Town Centre on Sundays.

Dumping of rubbish adjacent to Fines had been issued to offenders recycling facilities on Stafford Street Car where these could be identified. The Park. recycle bins were frequently full and required emptying. This would be considered as a matter of urgency if there were public safety concerns.

Request for clarification of the criteria Each ward received £10,000 per for allocating local area funding to annum from the ‘love your local individual wards. community’ funding budget.

Potential subsidence at Buffery Park, Councillor Ali undertook to discuss this Dudley with the Chair of the Friends Group and Council Officers.

CPCF/10

21 Potential reorganisaton of Police and Future options were under Communities Together (PACT) and consideration and more information Community Forum meetings. would be available in due course.

Issue concerning a property in Tansley The request would be referred to Street Green Road on the corner of Cromwell and Green Care Services in the Place Drive requesting the Council to remove Directorate. rubbish and hedge cuttings.

11 Working with you – Topics Raised by Local Councillors

Councillor C Bayton referred to improvements to the strength of street lights on , with particular reference to the Oval.

Councillor M Aston requested an update on plans for the site of the former Duncan Edwards public house on Priory Road.

Councillor K Ahmed referred to a planning application for the erection of 130 dwellings with associated infrastructure and landscaping Land off Red Kite Drive and Middlepark Road, Dudley.

Councillor K Finch referred to developments in the Castle and Priory ward, including the Aldi store on Birmingham New Road, the community centre on Donkey Pool and the Duncan Edwards Memorial in Priory Park.

The Lead Officer referred to consultation on the draft Statement of Community Involvement and consultation on ball games at four of the borough’s parks and the future of bowling greens. Information was also circulated on free courses offered by the Adult and Community Learning service.

12 Community Forum – Love Your Local Community Funding

The Forum considered a report of the Lead Officer and made the following recommendations on the individual funding applications:

Application Recommendation

Friends of Priory Park and the Refusal in view of significant investment Green already made in Priory Park and the limited funds available for community projects.

Dudley Regeneration Events Refusal in view of limited funds available to Attractions Mission (DREAM) support community projects. It was noted that project – Christmas lighting in significant investment had already been made Dudley Town Centre in Dudley Town Centre regeneration activity and the Community Forum had allocated funds towards the Christmas tree and other similar applications in previous years.

CPCF/11

22 Young Smiles Project Approval of a contribution of £1,000 (St James’s Ward Community Fund)

Friends of Sycamore Adventure Approval of a contribution of up to £1,500 (Castle and Priory Ward Community Fund)

13 Dates of Future Meetings

Future meetings of the Community Forum would be held on the following dates:-

Wednesday 11th January, 2017 (St John’s Parish Hall, St John’s Road) Wednesday 15th March, 2017 (St Barnabas Church, Middlepark Road)

The meeting ended at 8.15pm

CPCF/12

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Action Notes of the Kingswinford North and Wall Heath, Kingswinford South and Wordsley Community Forum

Thursday 3rd November, 2016 at 6.30pm at Kingswinford Royal British Legion Club, Summerhill, Kingswinford, DY6 9JG

Present:

Councillor Miller (Chair) Councillors P Brothwood, P Harley, L Johnson, E Lawrence, K Lewis, N Richards, and D Tyler.

Officers:

A Webb (Lead Officer) Place Directorate and L Jury (Democratic Services Officer)

Also in attendance:

Mr McClymont – for agenda item no 3. Matt Williams – Chief Officer Environmental Services – for agenda item no. 7

Together with 20 members of the public.

10. Apologies for absence.

Councillor Rogers.

11. Welcome and Introductions.

The Chair welcomed those present at the meeting, and members introduced themselves.

12. Dignity Charter

KCF/5

24 Mr McClymont gave a verbal presentation on the Dignity Charter. It was noted that a Dignity Action Day would take place on 11th February 2016 at the Queens Cross Centre, Wellington Road, Dudley. Mr McClymont distributed paper hearts and requested that those present write on the hearts their definition of ‘dignity’. The hearts would then be collated and displayed on a tree at the Action Day.

Mr McClymont urged all residents, any organisations and Dudley MBC to sign a Pledge to promote dignity throughout the Borough.

The Chair thanked Mr McClymont for his presentation.

13. Statement of Community Involvement (SCI) and Consultation on Ball Games

The Lead Officer presented to the meeting the draft Statement of Community Involvement which would replace the current SCI. The SCI set out how Dudley would consult on planning policy, neighbourhood plans, planning applications and development orders, as well as who the Council will consult and how long.

It was noted that the draft SCI was now out for consultation for 8 weeks until Monday 8th November 2016 and members of the public were encouraged to view the draft and complete the questionnaire. Further information and copies of the document and questionnaire were available on the Council’s website

The Lead Officer then presented to the meeting a consultation on whether ball games should be permitted on Sundays at four of the Borough’s parks and the future of bowling greens. It was noted that further information was available to view by visiting www.dudley.gov.uk/see-and-do/ or email [email protected] or telephone on 0300 555 2345 and residents who were interested were urged to take part.

The Chair thanked the Lead Officer for his presentations.

14. Listening to you: Questions and Comments from Local Residents

Subject Action

KCF/6

25 A resident requested funding from the Noted. Council towards the replacement of a boundary fence to his property off Kingswood Road which had been damaged. This issue had been raised at previous Forums where it had been reported that funding was not available. Councillor Harley referred to funding that may become available in the future.

A resident made reference to damage The Chief Officer Environmental caused by vehicles to a piece of green Services to contact the resident directly land at Orchard Grove and requested to discuss this issue. that the land be reduced to easy the bottle neck caused by parked vehicles.

A resident raised the following issues:

- that grass cuttings were not being Noted. collected;

- questioned the Council’s tendering process in relation to competitive Noted. tendering;

- suggested reducing Members by 50% or two members per Ward; Noted.

- questioned the role of the Dudley Ambassador in relation to trade being Noted. brought into Dudley;

- referred to a newspaper article relating to New Bradley Hall; Noted.

- requested that parking charges be abolished at Townsend Place, Noted Kingswinford to encourage more shoppers.

A resident complained about the lack Noted. of public conveniences in Dudley town centre and questioned the proposal to increase parking spaces.

KCF/7

26 Residents of Barton Lane once again Lead Officer to investigate. raised the on-going issue of problems with trees and the culvert. In response, Councillor Brothwood questioned whether planning permission had ever been granted for the culvert.

15. Working with you: Topics raised by Local Councillors

Subject Action

Councillor Brothwood made reference Noted. to the recent spate of knife crimes within the Borough and reported that he had requested that an Amnesty Bin be installed in Brierley Hill Police Station.

Councillor Tyler made reference to a Noted. rumour circulating on Facebook in relation to the proposal to build a housing development on land opposite the Summerhil School and he confirmed that no planning application had been submitted.

16. Community Forum – Love Your Local Community Funding

Application Recommendation

Environmental Services Approved, £5,000 for the contribution towards the overall costs of £6,155 to provide LED Christmas lighting wrapped around the branches of four street trees and to be retained in place initially for three years.

Application to be funded from the Kingswinford South funding allocation.

Environmental Services Approved, £1,981.80 for the provision of Christmas street lights in Wordsley, Kingswinford and Wall Heath.

Application to be funded from the Kingswinford South funding allocation.

KCF/8

27 Sycamore Adventure Deferred to enable the applicant to attend the next meeting of the Forum to answer questioned raised by Members.

17. Date, Time and Venue of Future Meetings

Future meeting dates noted as follows:

Thursday 12th January, 2017 Tuesday 21st March 2017

all commencing at 6.30pm and to be held at Kingswinford Royal British Legion Club, Summerhill, Kingswinford.

The meeting ended at 8.00pm.

KCF/9

28 Action Notes of the Norton, Pedmore and Stourbridge East, Wollaston and Stourbridge Town Community Forum

Thursday 3rd November, 2016 at 6.30pm At Ham Dingle Primary School, Old Ham Lane, Stourbridge

Present:

Councillor N Barlow (Chair) Councillor C Elcock (Vice-Chair) Councillors S Clark, A Hopwood, L Jones, A Lees and H Rogers

Officers:

A Leigh (Lead Officer) (Head of Service – Housing Strategy and Development) and K Griffiths (Democratic Services Officer)

Together with 8 members of the public

10 Welcome and Introductions

The Chair welcomed those present and Members and Officers introduced themselves.

11 Apology for Absence

Councillor I Kettle.

12 Consultation on the Statement of Community Involvement (SCI)

The Planning Policy Manager referred to the draft Statement of Community Involvement which was currently the subject of public consultation. The consultation period would be for eight weeks ending on 28th November, 2016.

The Planning Policy Manager referred to copies of the relevant documents which were available at the meeting and also on the Council’s website. Members of the public were encouraged to complete the questionnaire.

General comments were made and responded to in relation to funding for specific planning issues, development on green belt land and the Unitary Development Plan and how this would be linked to the Combined Authority. A number of organisations and social media sites were used as part of the consultation process.

NPCF/5

29

13 Dignity Charter

A presentation was given on work undertaken to achieve a Dignity Charter for Dudley. Paper hearts were distributed at the meeting, with a request that those present express on the heart what dignity meant to them. The hearts would be displayed on a tree at Queens Cross Centre, Wellington Road, Dudley and used to produce the Dignity Charter.

14 Listening to you: Questions and Comments from Local Residents

Subject Action

Ongoing issues relating to the The Lead Officer referred to the maintenance of bowling greens. It was consultation on ball games at four of stated that specialist staff and the borough’s parks and the future of equipment were required to maintain bowling greens. these greens and reference was made to the offer made to the Council on Information and questionnaires were behalf of the and Crystal available at the meeting and on the Flat Green Bowling Club to maintain Council’s website. Members of the the flat bowling green at the rear of public were encouraged to complete Wollescote Hall. A full response was the questionnaire. still outstanding.

Ongoing concerns in relation to illegal Members acknowledged the issue and and inconsiderate parking outside made reference to the possibility of schools, with particular mention to combining future Community Forum Ham Dingle and Redhill Primary and Police and Communities Together Schools. Query as to which agency (PACT) meetings. dealt with these issues.

15 Working with you: Topics raised by Local Councillors

Councillor C Elcock

Referred to two letters received from Noted the Association of British Insurers and National England concerning the Urban Badger.

NPCF/6

30

Councillor H Rogers

Referred in favourable terms to the Councillor C Elcock indicated that he recent refused application for access had recently met with the Estates on Oakley Road and expressed her Manager at King Edwards College and wish to meet with the Head of King written to the Trustees in relation to Edwards College to discuss the issue providing an alternative solution to this further with a view to establishing a issue. A response was still outstanding. solution.

Referred to ongoing concerns in Noted. relation to ball games on Ernest Stevens Parks held in Trust by the Council.

Councillor A Lees

Concerns regarding grass cutting and Noted. blocked drains.

Referred to the new Tenants and Noted. Residents Association in Wollaston and encouraged residents to attend to raise any relevant issues.

Councillor L Jones

Referred to ongoing issues in relation Noted. to badgers.

Referred to ongoing concerns in Noted. relation to issues regarding bowling greens and emphasised the importance of public health and the need to maintain these facilities to the specification required.

Referred to the ongoing review of Noted. Community Forums and indicated that following a meeting with the Chairs, the issue would be raised and considered at each Community Forum to ascertain the views of the public.

NPCF/7

31 Councillor A Hopwood

Concerns regarding the need to prune Noted. trees in the Borough.

Referred to an e-mail sent to the Noted. Group Engineer regarding the possibility of installing double yellow lines on Lye Park Avenue and requested that this be made a priority.

Councillor N Barlow

Referred to the parking restrictions at Lead Officer to pursue issue with the Oldswinford and queried whether Place Directorate. these could be altered to parking for 60 minutes.

Referred to the proactive work Noted. undertaken by the Police to deal with anti-social behaviour around the old quarter.

16 Community Forum Funding

Application Recommendation

Riverside House Community Interest Approve £5,000 Company (CIC)

Friends of Sycamore Adventure Refuse, as it was considered that Community Forum funding was not the appropriate funding type for this application.

Oldswinford Traders Association Approve an allocation of £330.30 from the High Street Innovation/Empty Shops Grant Funding.

17 Dates, Time and Venues of Future Meetings

Meetings of the Community Forum would be held on the following dates: • Thursday 12th January, 2017 – Norton Community Centre • Thursday 16th March, 2017 – Venue to be confirmed.

The meeting ended at 8.15 pm

NPCF/8

32 Action Notes of the Belle Vale, Hayley Green and Cradley South Community Forum

Monday 7th November, 2016 at 6.30pm at Earls High School, Furnace Lane, Halesowen

Present:

Councillor J Hill (Chair) Councillors R Buttery, I Cooper and A Goddard

Officers:

A Webb (Lead Officer to the Forum) – Interim Head of Sport and Leisure (Place Directorate) and K Griffiths (Democratic Services Officer) – Chief Executive’s Directorate

Together with 9 members of the public

11 Apologies for Absence

Apologies for absence were received on behalf of Councillors S Phipps and L Taylor.

12 Welcome and Introductions

The Chair welcomed those present to the meeting.

13 Listening to you: Questions and Comments from Local Residents

Subject Action

Ongoing issues in relation to illegal and Members acknowledged the ongoing inconsiderate parking and litter in concerns and indicated that proactive Brookwillow Road. Concerns were also work was taking place with expressed with regards to a possible neighbouring organisations to combat planning application being submitted the issue. The possibility of a “name by Lutley Primary School to create a and shame” article being published in a car park on a grass verge in the area. weekly newsletter was referred to.

BVCF/6

33 A number of other initiatives were referred to, particularly “walking buses” being considered to address the parking and safety concerns. Schools had been requested to re-circulate advice to parents in relation to methods of arranging for children to attend school safely.

It was also noted that Members were not aware of a planning application being submitted.

Reference was made to future proposals to create extra class rooms and funding for improvement facilities at schools in the area. The Cabinet Member for Children’s Services undertook to pursue this issue and provide the Chair with further information.

The Cabinet Member for Children’s Services referred to the proposal from the Government to introduce a levy on sugary drinks, which provided funding to schools to encourage physical activity. It was noted that schools in the Borough would need to be provided with advice on this proposal. It was unknown how funding would be allocated at this stage, however, the Cabinet Member for Children’s Services undertook to pursue the issues and provide the Chair with an update.

A Member referred to the possibility of allowing school staff to park on the car park of The Maypole Public House during school hours and agreed to pursue the suggestion.

Reference was made to the frequency Members emphasised the importance of buses on the Squirrels Estate and of public transport and indicated that suggested that these be reduced to the West Midlands Integrated Transport help with the Council’s current financial Authority was responsible for the situation. service.

BVCF/7

34 Concerns in relation to the withdrawal The Chair referred to the significant of funding from Age UK and the impact challenges faced by the Council in to the services and residents relation to the Medium Term Financial accessing the service. Strategy. The Cabinet Member for Children’s Services undertook to refer the issue to the Cabinet Member for Adult Social Care.

14 Community Forum Funding

Application Recommendation

St Peter’s Cradley – Environmental Approval of £2,500 to contribute towards Improvements the cost of making the churchyard more accessible.

Dudley MBC Environmental Services Approval of £500 towards the cost of – Open Space between Two Gates goalposts. Lane and Beecher Road, Fatherless Barn – Improvements

Welcome Group Halesowen Approval of £680 to cover the cost of a Christmas event.

Following a brief discussion in relation to funding issues, the Lead Officer undertook to provide an annual report detailing information relating to funding that had been considered by the Forum during the year.

The Lead Officer referred to the draft Statement of Community Involvement which was currently the subject of public consultation. The consultation period would be for eight weeks ending on 28th November, 2016. He also referred to consultation on ball games at four of the borough’s parks and the future of bowling greens and indicated that copies of the relevant documents were available at the meeting and also on the Council’s website. Members of the public were encouraged to complete both questionnaires.

15 Dates, Times and Venues of Future Meetings

It was reported that meetings of the Community Forum would be held on the following dates:

• Monday 16th January, 2017 – Caslon Primary School • Monday 20th March, 2017 – Lutley Community Centre

The meeting ended at 7.40 pm

BVCF/8

35 Action Notes of the , Cradley and Wollescote and Lye and Stourbridge North Community Forum

Monday 7th November, 2016 at 6.30pm at Providence Methodist Church, Colley Orchard, Colley Gate

Present:

Councillor T Crumpton (Chair) Councillor P Bradley (Vice-Chair) Councillors J Baines, R Body and G Partridge,

Officers:

A Grove (Lead Officer - Head of Youth Service) and H Shepherd (Democratic Services Officer)

Together with 17 members of the public

9 Apologies for Absence

Councillors M Hanif, P Lowe and S Tyler

10 Welcome and Introductions

The Chair welcomed everyone to the Amblecote, Cradley and Wollescote, Lye and Stourbridge North Community Forum and those present introduced themselves.

11 Winter Warmth Presentation

A verbal presentation was provided by Charlotte Bennett, Winter Warmth Support Service on how to keep warm and well during the winter months and the services that were available to local residents. Reference was also made to the Dudley Home Improvement Service and leaflets on both services were circulated at the meeting.

12 Dignity Charter

Mr K McClymont gave a short presentation on the work that was being undertaken to achieve a Dignity Charter for Dudley. Leaflets and supporting information were circulated at the meeting, together with paper hearts. Those present at the meeting were requested to express on the heart what dignity meant to them. All completed hearts would be displayed on a tree at Queens Cross Centre, Wellington Road, Dudley from February, 2017.

ACF/7

36

13 Listening to you: Questions and Comments from Local Residents

Subject Action/Response

Concerns were raised with regards to Ward Councillors agreed that this was the ongoing issues with the traffic an ongoing issue, but due to financial lights at Colley Gate and the blatant restraints at the Council, there were no ignorance by motorists of the road imminent plans to make any changes. markings at the box junction. Councillor T Crumpton agreed to contact Place Directorate expressing concerns and requesting extra signage to be installed in that particular area and for the box junction to be repainted yellow.

Councillor T Crumpton also agreed to speak with Dudley’s representative on the Transport Delivery Committee to establish whether funding would be available via that avenue for road improvements at that junction.

An update was requested on the Ward Councillors confirmed that there position with the shops at Colley Lane. was no update at the current time, but that a meeting had been arranged with the local MP and the Cradley Action Group to discuss the issue and would therefore hopefully be able to provide a more definitive answer at the next meeting.

Concerns were raised with regards to Councillor T Crumpton confirmed that the Midland Heart complex at Homer he was aware of the issues and had Hill Park not adhering to their original recently met with Midland Heart intentions. Concerns were also raised officers and residents at the complex to with regards to the accessibility to the discuss the concerns and issues. It provision, particularly in relation to the was noted that Councillor T Crumpton difficulties that emergency services was now a regular attendee at had gaining access. association meetings and would continue to work with Midland Heart to resolve the issues and concerns.

ACF/8

37 A resident referred to the lack of A representative from West Midlands communication and engagement Police commented that a force wide between West Midlands Police and review of how West Midlands Police members of the local Neighbourhood engaged with the public was currently Watch associations and PACT being undertaken and it was suggested meetings. that Community Forums and PACT meetings could be combined in the future.

A resident considered the potholes in Noted. Ward Councillors to report the Colley Lane near to the traffic lights potholes. and junction with Colley Gate to be dangerous and requested that the area be resurfaced.

A resident expressed his annoyance Noted. Councillor T Crumpton agreed with the football teams that used to speak with the manager of the Homer Hill Park, but then cleaned their football team with regards to the issues boots on the pavement outside raised. residents homes. Concerns were also raised with regards to the parking issues and speeding by the football players.

Concerns were raised with regards to Noted. speeding in Lutley Road.

Residents requested information as to Councillor T Crumpton stated that all what was being done to ensure that professional bodies were working migrants moving into the area were collaboratively to ensure integration being integrated into the community. and to alleviate concerns with regards to exploitation.

Councillor T Crumpton suggested that it may be useful to continue the discussion in relation to this item at the Community Forum meeting in March, 2017, which would be held at Lye Community Centre, due to it being in the area of concern.

14 Working with you: Topics raised by Local Councillors

No issues were raised under this agenda item.

ACF/9

38 15 Community Forum Funding

In considering the Community Forum Funding applications, Members requested that for future meetings, a full copy of the funding application be circulated in advance.

Application Recommendation

Ehsas Carers Deferred. It was commented that funding was usually granted for a one-off expenditure rather than ongoing running costs of an organisation. Therefore Councillor T Crumpton agreed to visit the organisation to develop a further understanding of why the funding was required and that a decision be made through delegated power prior to the next meeting.

Saturday Special Group Approve £500 from the Amblecote Ward allocation.

Friends of Sycamore Adventure Deferred. Members requested that a complete copy of the application be circulated to all Members and that a decision be made through delegated power prior to the next meeting.

16 Dates, Times and Venues of Future Meetings

It was noted that future meetings of the Community Forum would be held on the following dates at 6.30 pm :-

16th January, 2017 – Withymoor Primary School, Gayfield Avenue, Brierley Hill 20th March, 2017 – Lye Community Centre, Cross Walks, Lye

The meeting ended at 8.30 pm

ACF/10

39 Minutes of the Overview and Scrutiny Management Board

Tuesday, 25th October, 2016 at 6.00 p.m. at the Council House, Priory Road, Dudley

Present

Councillor D Perks (Chair) Councillor S Clark (Vice-Chair) Councillors R Body, A Finch, P Harley, K Jordan, L Jones, P Miller, S Ridney, R Scott-Dow and E Taylor

Officers:

T Oakman (Strategic Director People), S Manson (Principal Policy and Performance Management Officer), J Pritchard (Programme Manager - Community Health Improvement – People Directorate), C Blunn (Programme Manager) and M Johal (Senior Democratic Services Officer) (both Chief Executive’s Directorate)

24 Apologies for absence

Apologies for absence from the meeting were received on behalf of Councillors S Tyler and S Waltho.

25 Appointment of Substitute Members

It was reported that Councillors P Miller and S Ridney were serving as substitute members for Councillors S Tyler and S Waltho for this meeting.

26 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

27 Minutes

Resolved

That the minutes of the meeting held on 1st September, 2016, be approved as a correct record and signed.

OSMB/18 40

28 Review of Community Forums – The Next Steps

The Board considered a report on the Council’s approach to engage with the community and on options for holding future Community Forum meetings.

Arising from the presentation of the report Members made the following comments:-

• The preferred option was to introduce a combination of Community Forums tailored to suit local community and Ward Member requirements; • The Chairs of individual Community Forums be invited to provide feedback on local requirements of communities in respective areas; • Difficulties were experienced in administering and resourcing the high number of meetings currently scheduled and the proposed model should incorporate arrangements for only two formal area meetings being held with Officer support; • Flexibility to allow Members to attend and be involved in more than one Community Forum particularly where there were boundary overlaps; • Meetings should be extensively promoted using various communication methods such as social media. Mention was made of locally arranged meetings in that they attracted a larger audience, that notification of meetings was given by text and email and items on the agenda were topical and relevant to the community; • West Midlands Police were keen on pursuing the possibility of amalgamating the Police Partners and Communities Together (PACT) with Community Forum meetings; • Suggestion that communities and Ward Members be given the freedom to determine grants in their respective areas;

Resolved

(1) That the Strategic Director People be requested to arrange a meeting of the Chairs and Vice-Chairs of Community Forums to discuss options for their respective areas;

(2) That, following the meeting of the Chairs and Vice-Chairs, a further report be submitted to the next meeting of the Overview and Scrutiny Management Board with a view to making a recommendation to Cabinet in December, 2016 on the future approach to Community Forums.

OSMB/19 41

29 Corporate Quarterly Performance Report

The Board considered the first corporate quarterly performance management report for 2016/17, containing specific performance information for the period 1st April to 30th June, 2016.

Arising from the presentation of the report queries were raised on the following Performance Indicators (PI’s):-

• Section 3: One council, building an effective and dynamic organisation – Data contained within PI.418, PI.361 and PI.362 concerning sickness figures and clarification on whether the data covered schools and agency staff. The total number of FTE employees was also requested;

• Section 3: A Cleaner, Greener Place – Details requested on costs associated with collecting fly tipped waste.

• Section 3: Growing the economy and creating jobs – PI.329 – A breakdown requested on the number of community learners gaining employment.

• Section 3: Stronger and Safer Communities – PI.420 – Further information requested on health checks to include details on what the checks involved, uptake in numbers to include geographical areas, methods of promotion and delivery of service and the level of funding General Practitioners received to carry out the service. The percentage of uptake from appointments sent out in relation to mammogram and other tests was also queried.

• Section 3: Customer Feedback – A breakdown requested on the highest number of complaints and corresponding service.

The Strategic Director People and the Programme Manager undertook to circulate responses to the above queries.

The Chair also requested that future reports incorporate performance information relating to previous quarters for comparison purposes.

Resolved

That the corporate quarterly performance management report be received and noted.

30 Forward Plan of Key Decisions

The Board noted the Forward Plan of Key Decisions for the four-month period commencing on 1st November, 2016.

OSMB/20 42 Resolved

That the information contained in the Forward Plan of Key Decisions, be noted.

31 Additional Item for the Annual Scrutiny Programme 2016/17 – Place Scrutiny Committee

The Board considered a report of the Lead for Law and Governance seeking approval for amendments to the Place Scrutiny Committee’s Annual Scrutiny Programme for 2016/2017.

Arising from the presentation of the report Members expressed concerns about housing voids and it was agreed that consideration be given to arranging an additional meeting of the Overview and Scrutiny Management Board to consider the matter.

A Member expressed concerns about “fly tipping” and the Chair undertook to liaise with Democratic Services with a view to including the matter as an agenda item at a future meeting of the Board.

Reference was made to the Board’s scrutiny of Dudley Museum and the need to ensure feedback was given in relation to follow up of recommendations and actions.

Resolved

(1) That the work undertaken by the Place Scrutiny Committee on policies relating to travellers be endorsed and the item be included in the Place Scrutiny Committee’s Annual Scrutiny Work Programme for 2016/17 for further consideration.

(2) That the request to amend the Place Scrutiny Committee’s Annual Scrutiny Programme for 2016/17 to include the final Statement of Community Involvement as set out in paragraph 4 of the report, be approved.

(3) That Democratic Services be requested to liaise with the Chair of the Board with a view to arranging an additional meeting of the Overview and Scrutiny Management Board to consider Housing Voids and flytipping.

The meeting ended at 7.30 p.m.

CHAIR

OSMB/21 43 Minutes of the Children’s Services Scrutiny Committee

Monday 26th September, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:

Councillor M Mottram (in the Chair) Councillors P Bradley, R Buttery, A Goddard, P Harley, A Lees, K Lewis, S Ridney, D Vickers and V Wale; Mr A Qadus, Mr Rodrigues and Reverend A Wickens.

Officers:

M Williams - Chief Officer Environmental Services (Lead Officer); T Oakman – Strategic Director People; S Butcher – Chief Officer Children’s Services; M Joseph – Interim Chief Officer Children’s Services; D Stringfellow – Head of Children’s Transformation; I Payne – Head of Looked after Children and Placement Resources and M Johal – Senior Democratic Services Officer

11 Chair’s Remarks

The Chair introduced Sue Butcher, Chief Officer Children’s Services to the meeting and informed Members that she would be commencing in her new role the following week.

The Chair also expressed thanks to Merlin Joseph for all her hard work and achievements whilst undertaking her role in the interim position and wished her well for the future.

12 Apologies for absence

Apologies for absence were received on behalf of Councillors A Millward, M Attwood and C Bayton.

13 Appointment of Substitute Members

It was reported that Councillors P Harley and A Goddard were serving as substitute members for Councillors A Millward and M Attwood for this meeting of the Committee only.

14 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

5 CS/ 5 44

15 Minutes

Resolved

That, the minutes of the Children’s Services Scrutiny Committee meeting held on 4th July, 2016, be approved as a correct record and signed.

16 Public Forum

No issues were raised under this agenda item.

17 Corporate Parenting Strategy

The Committee considered a report on the proposed Corporate Parenting Strategy 2016-2018 for submission to the meeting of the Cabinet in October, 2016.

Arising from the presentation of the report a Member referred to employment and training opportunities for Looked after Children and queried progress in relation to offering apprenticeships to this cohort. In responding the Head of Looked after Children and Placement Resources stated that a policy incorporating employment opportunities for Looked after Children had recently been approved.

Resolved

That the information contained in the report on the proposed Corporate Parenting Strategy for submission to the meeting of the Cabinet in October, 2016, be noted.

18 Children’s Services Improvement Plan

The Committee considered a report on the Children’s Services Improvement Plan that had been submitted to the Department for Education on 29th July, 2016.

In presenting the report the Head of Children’s Transformation referred to a meeting of the Children’s Improvement Board held the previous week and informed Members that arising from discussions about attendance it had been agreed that the Chair of this Committee would be invited to attend future meetings of the Board.

Arising from queries from Members on the lack of detailed information the Strategic Director People stated that it was intended to share documents that were submitted to the Children’s Improvement Board with this Committee in the future. Some items may be submitted to the Children’s Services (Scrutiny Development) Working Group for detailed consideration.

CS/ 6 45 In responding to a query from a Member in relation to delivering early help training programmes and confusion about the correct levels for early intervention, the Interim Chief Officer Children’s Services explained the threshold on varying levels of need and indicated that Level 4 usually covered early intervention, however in some cases intervention could be between levels 2 and 3. The Interim Chief Officer Children’s Services recognised that there was some confusion and indicated that it was intended to arrange briefing sessions with a view to address and clarify the matter.

A Member referred to the post-adoption letter box service that provided support to children, birth parents and adopters and queried whether this provision extended to foster carers given their affection for the children. The Interim Chief Officer Children’s Services reported that although this provision did not exist individual requests would be considered on its merit.

In responding to a query the Interim Chief Officer Children’s Services confirmed that the Child Sexual Exploitation Team were still currently functioning and were based within the Multi Agency Safeguarding Hub.

Resolved

That the information contained in the report on the Children Services Improvement Plan, be noted.

19 Dudley Safeguarding Children Board Annual Report 2015-16

A report of the Strategic Director People was submitted on the Dudley Safeguarding Children Board’s (DSCB) Annual Report 2015-16.

It was noted that as the relevant Officer had been unable to attend the meeting the item would be considered in detail at the next meeting of the Children’s Services (Scrutiny Development) Working Group and any recommendations would be reported to the Committee in due course.

The meeting ended at 6.30 pm.

CHAIR

7 CS/ 7 46 Minutes of the Children’s Services Scrutiny Committee

Wednesday 16th November, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:

Councillor A Millward (Chair) Councillor M Mottram (Vice-Chair) Councillors M Attwood, C Bayton, P Bradley, R Buttery, A Lees, S Ridney, D Vickers and V Wale; Mr Rodrigues and Reverend A Wickens.

Officers:

M Williams - Chief Officer Environmental Services (Lead Officer); T Oakman – Strategic Director People; I Newman – Chief Officer Finance and Legal Services; S Butcher – Chief Officer Children’s Services; R Cooper, Head of Financial Services and M Johal – Senior Democratic Services Officer

20 Apologies for absence

Apologies for absence from the meeting were received on behalf of Councillor K Lewis and Mrs M Ward.

21 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

22 Minutes

Resolved

That, the minutes of the Children’s Services Scrutiny Committee meeting held on 26th September, 2016, be approved as a correct record and signed.

CS/ 8 47

24 Public Forum

No issues were raised under this agenda item.

25 Medium Term Financial Strategy

The Committee considered a joint report of the Chief Executive, Chief Officer Finance and Legal Services and the Strategic Director People on the Medium Term Financial Strategy (MTFS) to 2019/20, with emphasis on proposals relevant to this Committee’s terms of reference specifically Children’s Services within the People Directorate.

During the course of the presentation of the report the Chief Officer Finance and Legal Services mentioned information contained in a letter recently received from the Government on the settlement for the next three years. It was stipulated that taking into account the proposed savings there was still a deficit in each of the years to 2019/20 and therefore the need to identify further savings.

Arising from the presentation of the report Members raised questions, made comments and responses were given to include the following:-

• The same level of savings across each of the years relating to redesigning the early help offer for Dudley was referred to and it was queried whether the figures given included a forecast on looked after children expected to be included in the system. Mention was also made on the increase in the number of children attending nurseries with mental health issues.

The Strategic Director People stated that savings had previously been agreed following consultation with the Scrutiny Committee in relation to redesigning the early help offer for Dudley. It was also stated that redesign of the service was to ensure improvements were made and work was being undertaken with providers to offer better flexible arrangements with a view to increasing uptake. A report on the model of the proposed service could be submitted to a future meeting of the Committee, if required.

• Reference was made to generation of additional surplus traded service income and further details on what this saving related to was requested.

The Strategic Director People undertook to provide further details to explain the savings in respect of the traded service income.

CS/ 9 48 • Given the review of the substance misuse service it was queried whether consideration was given to incorporating and continuing with a specialist midwifery service.

The Strategic Director People reported that consideration had been given to the matter at the Health and Adult Social Care Scrutiny Committee on achieving best outcomes and delivering efficient services within restricted budgets. An update could be provided to a future meeting, if required. The Chief Officer Children’s Services also explained about ongoing work currently being undertaken on a local and regional basis in connection with prevention of substance misuse.

• In referring to the review of public health services and decommissioning of the oral health promotion contract, it was queried whether loss of services, particularly those offered by schools would be incorporated into proposed models given the importance of early detection and prevention of health issues.

The Strategic Director People assured Members that young children would continue to receive relevant support programmes. It was not intended to reduce services and the review was being undertaken to ensure a smarter and efficient service was delivered in conjunction with relevant partners.

• Reference made to proposed savings in relation to the school crossing patrol service and a request for the proposal to be reconsidered given the financial impact upon schools, particularly schools that had more than one pedestrian crossing. A comment was also made about the safety of children at a particular school where there was a dual carriageway with a 40 mph zone and there were no railings or barriers for protection.

The Chief Officer Finance and Legal Services referred to the meeting of the Place Scrutiny Committee held the previous day where the issue had been discussed at length and reported that the matter would further be debated at the next meeting of that Committee in January, 2017.

• Although it was acknowledged that there was a need for leisure centres to be reviewed, it was requested that should proposals entail closing some facilities, consideration be given to providing alternative swimming provision in conjunction with schools. It was important to ensure young people had appropriate facilities to learn to swim and leisure centres were also crucial hubs for vulnerable groups as it improved health and well being.

• In response to a query on cessation in maintaining land not owned by the Council and the location of these sites, the Chief Officer Environmental Services (Lead Officer) undertook to circulate the Green Spaces Asset Management Plan.

CS/ 10 49 The Chair requested that a report be submitted to a future meeting of the Committee on progress with regard to delivery of services from within Children’s Centres following their modernisation and proposals on Children’s Centres that had not been included in those plans.

Resolved

(1) That the Cabinet’s proposals for the Medium Term Financial Strategy to 2019/20, as set out in the report, and Appendices to the report, submitted be received and noted.

(2) That, subject to approval by the Overview and Scrutiny Management Board to include the item in this Committee’s Annual Scrutiny Programme for 2016/17, the Strategic Director People be requested to submit a report to a future meeting on progress regarding delivery of services from Children’s Centres following modernisation.

26 Children’s Services Improvement Plan

A report of the Strategic Director People was submitted providing progress against the Children’s Services Improvement Plan.

The Strategic Director People reported on recent feedback received from Ofsted and summarised the findings of the monitoring visit of Dudley’s children’s services undertaken on 12th and 13th October, 2016. The letter containing this information would be circulated to all Members of the Committee. The Chair requested that in future documents be circulated prior to the meeting to allow sufficient time for Members to consider information for appropriate scrutiny and questioning. The Strategic Director People indicated that the letter was however embargoed until the content was agreed by Ofsted.

In referring to the Children’s Improvement and Safeguarding Boards the Chair expressed concerns about the lack of appropriate health representation and suggested that a strong message be sent to them with a view to engaging and becoming more involved. The Chief Officer Children’s Services reported on work currently being undertaken in relation to monitoring attendance at meetings and conferences.

The Chief Officer Children’s Services then presented information as contained in the report submitted. The information within the report included exception reporting only and the complete Children’s Services Improvement Plan was available to members upon request.

CS/ 11 50 In considering the information Members commented on the delays in referrals to the Child and Adolescent Mental Health Service (CAMHS) and the associated potential impact on early intervention. Concerns were also expressed in relation to problems experienced with archaic Information Technology (IT) and the delays in replacing the equipment. Members welcomed the move to replace temporary managerial staff with permanent positions. In responding the Strategic Director People indicated that there was a proposed model for CAMHS which could be presented to a future meeting of the Committee, if required. With regard to IT the Strategic Director People acknowledged the need to invest in modern equipment and indicated that work was currently underway in this regard.

In relation to a question on the closure of the Parkes Street Children’s Home, the Chief Officer Children’s Services explained the reasons behind the decision to close the home and in doing so reported on the problems experienced with provision of care at the facility. It was stated that all young people had successfully been transferred to an alternative provision and efforts were being made to focus on more work being undertaken in the community with a view to prevent young children being taken into care.

Resolved

(1) That the information contained in the report on the Children Services Improvement Plan, be noted.

(2) The final Ofsted letter be circulated to all Committee Members.

27 Annual Report of the Corporate Parenting Board 2015/2016

A report of the Strategic Director People was submitted on work undertaken by the Corporate Parenting Board during 2015/16 setting out changes made and providing an insight into the ongoing work to develop the Council’s Corporate parenting duty.

Arising from the presentation of the report the Chair explained about her previous role as a Member Champion. Ambassadors provided a voice for underrepresented groups and issues which needed to be kept at the forefront of Council business. There had been several Member Champions in the past including one for children in care and the Committee were of the view that consideration should be given to resurrecting these roles.

A Member requested information on the number of children in care that had learning disabilities as they needed greater support and would potentially be in care for a longer period of time. Feedback was also requested on follow ups on those leaving care as young children were often left to fend for themselves with no life skills and as corporate parents it was the Council’s responsibility to ensure that continued support was given. It was also commented that should Member Champions be reinstated the role could incorporate work to assist with employment and skills to include apprenticeship opportunities for those leaving care.

CS/ 12 51

Resolved

(1) That the information contained in the Annual Report of the Corporate Parenting Board 2015/16, be noted.

(2) That, following discussion at a meeting to be arranged between the Chair, Vice-Chair and Councillor P Bradley, the Cabinet be recommended to consider the development of a corporate response to promoting the aspirations, ambition and prospects of children looked after.

28 Reverend A Wickens – Church Representative

Reverend Wickens reported that this would be his last meeting as he would be moving to Stoke-on-Trent. The Chair, on behalf of the Committee, wished him all the best for his future and thanked him for his contributions to the Committee.

The meeting ended at 8.10 pm.

CHAIR

CS/ 13 52 Minutes of the Corporate Scrutiny Committee

Tuesday 27th September, 2016 at 6.00 p.m. In Committee Room 2, The Council House, Dudley

Present:

Councillor L Jones (Chair) Councillor S Phipps (Vice-Chair) Councillors S Ali, S Craigie, T Crumpton, E Lawrence, C Perks, D Stanley and T Westwood

Officers:

S Norman – Chief Executive, S Beckett – Head of Revenue and Benefit Services and K Griffiths – Democratic Services Officer

7 Apologies for Absence

Apologies for absence were received on behalf of Councillors S Anderton, K Casey and M Bowsher (Lead Officer to the Committee).

8 Declaration of Interest

Councillor T Crumpton declared a non-pecuniary interest in accordance with the Members’ Code of Conduct in relation to Agenda Item No. 6 (West Midlands Combined Authority), in view of his employment with Her Majesty’s Revenue and Customs (HMRC).

9 Minutes

Resolved

That the minutes of the meeting of the Committee held on 5th July, 2016, be approved as a correct record and signed.

10 Public Forum

There were no issues raised under this agenda item.

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11 West Midlands Combined Authority

The Committee considered a report of the Strategic Director Place on the key actions taking place as part of the creation of the West Midlands Combined Authority and the potential implications for the Dudley Borough.

The Chief Executive gave an overview of the report, highlighting key paragraphs, the potential impacts and implications for Dudley. A copy of the report was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

A Member referred to the Midland Metro tram route between Brierley Hill, Dudley and Wednesbury connecting to the existing line to Birmingham and Wolverhampton. Reference was also made to potential links with the Merry Hill Centre. It was considered that this project was highly significant to connect key towns and cities and attract new businesses and visitors to invest/shop in the region. A request was made for an indicative timetable and development plans to be provided to Members of the Committee.

Reference was also made to the investment programme, transport package and the ongoing financial implications. The Committee referred for the need for Dudley to ensure it received an equitable level of funding in comparison to other areas. The Chair indicated that feedback would be given at future meetings to enable the Committee to scrutinise ongoing developments, including the financial implications, as part of the Council’s ongoing budget issues.

In referring to the Enterprise Zone at the Waterfront/Brierley Hill, a Member suggested that future updates should include clarity in terms of what was expected from this development. Reference was also made to the significant opportunities this would have for the local area and economy, supported by appropriate transport links.

The Chief Executive referred to the West Midlands Combined Authority Board meeting, which was due to take place on 30th September, 2016. Discussions would take place regarding the expansion of the Midland Metro tram system. It was anticipated that preliminary work would commence in late 2017, with an estimate that the infrastructure would be in place and operational by 2022/2023.

The Committee discussed potential options and possible future uses of the Black Country rail lines and the potential advantages of incorporating the West Midlands motorways into the scheme.

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54 In referring to the Mental Health Commission, a Member emphasised the significance of ensuring that the evidence/feedback currently being considered from around the West Midlands region and beyond, including the experiences of people with mental health issues, were fed back to the appropriate Scrutiny Committee. The Committee wished to ensure that all aspects of Mental Health were being considered and that all relevant agencies were working collectively to address these issues.

The Chief Executive referred to the key lines of enquiry identified by the Commission, the terms of reference agreed by the West Midlands Combined Authority and the importance of incorporating expertise and knowledge from a range of people specialising in a variety of different areas connected to mental health.

Reference was made for the need for agencies to support the Mental Health Commission. Specific reference was made to the potential initiatives of the Department of Work and Pension’s Work and Health Unit, particularly, trials that would test new and improved ways of supporting those with long term health conditions into appropriate work. It was suggested that once a report had been published, it would be appropriate for the report to be considered by the Health and Adult Social Care Scrutiny Committee.

Members discussed the significance of advocacy from all agencies involved in the Commission and the need for a better understanding of Mental Health issues to ensure specialist advice was given to patients and to provide a better service. The understanding of individual needs was key in providing assistance with living accommodation/employment. Members considered that a Commission at regional level was important as it was essential that the focus was directed to people affected by mental health in the West Midlands. Members indicated that they wished to be involved in the consideration of future conclusions and additional areas for scrutiny.

Reference was made to housing need and the impact on Dudley. Members made particular mention of the significance for the Local Authority’s Planning Section to consider the impact on existing local services such as schools and doctor’s surgeries when considering new housing developments. The Combined Authority would not have local planning powers, however, with regard to the review of the Black Country Core Strategy, it was considered that there would be opportunities to attract additional investment/infrastructure projects. The aim would be to maximise the opportunities and advantages of joint working, whilst still recognising the diverse needs of the areas covered by the Combined Authority.

A Member referred to increasing employment opportunities and encouraging local people to spend money within the local economy.

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55 The Chief Executive undertook to arrange for the circulation of information requested by Members concerning the membership of the Overview and Scrutiny Committee and the Audit and Standards Committee of the Combined Authority, together with details of the timetable for agreeing the Mayoral functions.

The Committee endorsed the issues for scrutiny, as listed in the report submitted. It was noted that the scrutiny arrangements were flexible to ensure that the Committee could scrutinise any issues arising from the Combined Authority during the year, including the work of the Productivity, Land and Mental Health Commissions. Members asked that a focus be given to issues specifically relating to Dudley and opportunities for future engagement with the Combined Authority.

The Committee referred to the future of the Association of Black Country Authorities (ABCA). It was considered important to continue with the ongoing strategic discussions at Black Country level in the context of the wider West Midlands Combined Authority. The position with regard to ABCA would be reviewed in the future.

Resolved

(1) That an indicative timetable and development plans be provided to Members of the Committee in relation to the extension of the Midland Metro.

(2) That details of the membership of the Overview and Scrutiny Committee and the Audit and Standards Committee of the Combined Authority, together with details of the timetable for agreeing the Mayoral function be circulated to all Members of the Committee.

(3) That the areas for scrutiny, as listed below, be endorsed and that the Committee retain flexibility to scrutinise any specific issues arising from the work of the Combined Authority during the municipal year.

• 17th November, 2016 – West Midlands Combined Authority Devolution Agreement – Impact and Implications

• 31st January, 2017 – West Midlands Strategic Economic Plan

• 7th March, 2017 – Mayoral West Midlands Combined Authority Functions Scheme – Impact and Implications

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12 Localised Council Tax Reduction Scheme 2017/18

The Committee considered a report of the Chief Officer Finance and Legal Services on the consultation options for the Council Tax Reduction (CTR) Scheme for 2017/18 and seeking the views of the Committee on the options set out in the report submitted to the meeting. A copy of the report was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

The Head of Revenue and Benefit Services gave an overview of the report and the options available to the Council for the financial year 2017/18, as set out in paragraph 15 of the report. Reference was made to the ongoing consultation process, which had been approved by the Cabinet on 20th July, 2016 (see Minute No. 31 of the Cabinet meeting). An update was given on the consultation responses received as at 26th September, 2016 as set out in the table circulated at the meeting.

Members of the Committee commented on the consultation process including reference to the existing protection afforded to pensioners, the impact on low income families, vulnerable groups and people with health issues. Comments were made regarding the relatively low percentage of Council Tax payers who had responded to the consultation and it was suggested that the views of the most vulnerable and hard to reach groups might not be fully reflected in the consultation. Reference was made to the impact of budget reductions in other service areas, including voluntary services. The Committee requested further information in order to access the full implications of the proposed options before a recommendation was made.

The Committee’s attention was drawn to the tables in Appendix 3 to the report submitted setting out the likely implications for various groups of claimants. Particular reference was made to the impact on the “working age other” group. The Head of Revenue and Benefit Services undertook to investigate whether further information could be provided to take account of the comments made by Members and would give feedback to the Chair. Any additional information would then be circulated to all Members of the Committee.

The CTR Scheme would be considered further by Cabinet and Full Council in due course. Members asked that the Equality Impact Assessment (if required) be fully referenced in the report to the Cabinet and Council.

Resolved

(1) That the ongoing consultation activity in relation to the options for the CTR Scheme for the 2017/18 financial year, be noted.

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57 (2) That the Head of Revenue and Benefit Services be requested to ascertain whether further information can be provided to address the specific comments made by Members and that feedback be given to the Chair in the first instance.

(3) That subject to (2) above, any further information be circulated to all Members of the Committee in due course.

The meeting ended at 7.45pm.

CHAIR

C/11

58 Minutes of the Corporate Scrutiny Committee

Tuesday 17th November, 2016 at 6.00 p.m. In Committee Room 2, The Council House, Dudley

Present:

Councillor L Jones (Chair) Councillor S Phipps (Vice-Chair) Councillors S Anderton, S Ali, K Casey, S Craigie, T Crumpton, E Lawrence, C Perks, D Stanley and T Westwood

Observer:

Councillor J Martin (Cabinet Member for Corporate Transformation and Performance)

Officers:

M Bowsher – Chief Officer Adult Social Care – Lead Officer to the Committee, S Norman – Chief Executive, A Lunt – Strategic Director Place, I Newman Chief Officer Finance and Legal Services, A McCormick – Chief Officer Corporate Transformation and Performance, R Cooper – Head of Financial Services, J Croft – Finance Manager and K Griffiths – Democratic Services Officer

13 Declaration of Interest

Councillor T Crumpton declared a non-pecuniary interest in accordance with the Members’ Code of Conduct in relation to Agenda Item No. 6 (Scope, Impact and Implications of the West Midlands Combined Authority), in view of his employment with Her Majesty’s Revenue and Customs (HMRC).

14 Minutes

Resolved

That the minutes of the meeting of the Committee held on 27th September, 2016, be approved as a correct record and signed.

15 Public Forum

There were no issues raised under this agenda item.

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16 Scope, Impact and Implications of the West Midlands Combined Authority

The Committee considered a report of the Chief Executive on the key details of the West Midlands Devolution Agreement, including its scope and contents. The report expanded on the contents of the Agreement to demonstrate the potential impact and specific implications for the Dudley Borough.

The Strategic Director Place gave an overview of the report, highlighting key paragraphs, the scope, potential impacts and implications for Dudley. A copy of the report and appendices were circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

Reference was made to Dudley not having provision for heavy rail and the potential impact and disadvantages for the Borough compared to other areas. A Member requested further information on the current position and reference was also made to the progress with the Brierley Hill Midland Metro extension.

The Strategic Director Place gave an update including reference to HS2, planning consent for the Brierley Hill Metro extension and the implications for the Dudley Town Centre master plan in relation to the planned route and stations. Work was ongoing between various agencies on a number of areas, including the route into Merry Hill, land acquisitions and financial issues, with a view to the infrastructure being in place and operational by 2022/2023. An undertaking was given to provide further information on the plans to Members of the Committee.

A Member referred to the need for future robust governance arrangements and questioned the implications of the proposed regional services hub in Birmingham. The Strategic Director Place assured Members that the governance arrangements were not intended to duplicate, replace or supercede the powers of the constituent Local Authorities. He referred to the proposed Mayoral powers and safeguards for constituent authorities within the approved voting arrangements. The governance arrangements would be monitored. It was understood that any major amendments to the Devolution Agreement would require a full approval process, including Parliamentary approval if necessary.

The Strategic Director Place referred to the National One Public Estate programme, which was intended to integrate services and promote partnership working. Work was in the early stages and future proposals would require approval of the Cabinet and Council. Negotiations were ongoing concerning the regional services hub.

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60 A Member referred to paragraph 42 of the Devolution Agreement and the reference to the Government Property Unit (GPU), discussing plans for a major public sector locational hub in Birmingham. This would be a joint programme between the Combined Authority and the GPU to develop a substantial shared office requirement. In addition, the Government committed to support community hub proposals in the cities of Wolverhampton and Coventry and a series of neighbourhood service integration pilots across the area of the Combined Authority.

This initiative was referred to in the context of the Brierley Hill Enterprise Zone and the empty buildings at the Waterfront. Concern was expressed that the focus on the regional hub in Birmingham might have a further detrimental impact on the Borough. The Committee noted that this initiative was developing and subject to ongoing negotiations. The Chief Executive assured Members that the Borough’s interests would be promoted within the ongoing negotiations and that the Brierley Hill Metro extension was a key development to attract jobs, visitors and future business opportunities.

Reservations were expressed concerning the timescale and the need to address issues at Brierley Hill and the Waterfront as a matter of urgency and without reasonable delay. The Strategic Director Place outlined the phased approach to respond to the identified issues, particularly those relating to economic regeneration and transport improvements. In particular, works were due to commence on delivery of Metro in 2017 and the line was projected to be completed by 2023 which was very quick in terms of Metro developments.

Members of the Committee concurred with the objective to achieve the best deal for the Borough, including the opportunities for collaborative working with bodies such as the Local Enterprise Partnerships and the Chamber of Commerce to attract funding, skills and employment opportunities to the area and improve the economic outlook for the wider West Midlands Region.

In referring to paragraph 23 of the report submitted, it was noted that the Mayoral Combined Authority would work with the Department for Work and Pensions (DWP) to co-design the future employment support for the hardest- to-help claimants from April 2017. A Member expressed the view that the functions of the DWP should not be devolved to the Mayoral Combined Authority. The Chief Executive indicated that the proposal did not involve the devolution of income support and similar functions, which would stay with the DWP. The devolution would, however, include the development of training and support programmes to assist benefits claimants into employment.

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61 An issue was raised concerning the West Midlands Land Commission and its task to create a comprehensive database of available and public sector land. A Member queried the membership of the Land Commission, the proposed methodology and public involvement. The Strategic Director Place indicated that the Land Commission comprised representatives of the Constituent Authorities and undertook to circulate details to the Committee. He also outlined the ongoing work including issues relating to land contamination and the cost of remediation work to bring land back into use.

Reference was made to Dudley Council’s involvement in developing the land database. The Strategic Director Place reported on the use of the Council’s Geographic Information System (GIS) and undertook to update the Committee on future progress.

A Member asked if any of the housing to be delivered in the future would be social housing. The Strategic Director Place indicated that the provision of Social Housing and affordable housing would need to be provided in accordance with Planning Policy which is based upon a robust assessment of housing needs, including affordability.

The Committee recognised that the Devolution Agreement was a complex and detailed document covering a wide range of ongoing regeneration initiatives and associated activity. It was suggested that representatives of Local Enterprise Partnerships (LEPs) be invited to a future meeting to promote a broader understanding of the strategic partnership working.

A Member referred to the use of Brownfield sites in the former Unitary Development Plan. The Strategic Director Place confirmed that this had been superceded by the Black Country Joint Core Strategy and the Local Development Plan subject to approval by the Cabinet and Council.

Resolved

(1) That the report and updates given at the meeting, as summarised above, be noted.

(2) That the Strategic Director Place provide further information to Members on the plans for the Midland Metro route.

(3) That the Strategic Director Place circulate details of the membership of the Land Commission to the Committee and provide a further update to a future meeting on the development of the land database.

(4) That the details of regeneration initiatives and associated activities connected with the Combined Authority be included as a topic for scrutiny at a future meeting and that representatives of the LEPs be invited to attend to provide an overview of the ongoing partnership working arrangements.

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17 Medium Term Financial Strategy

A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on the Medium Term Financial Strategy (MTFS) to 2019/20, with emphasis on those proposals relating to the Committee’s terms of reference. Items directly relevant to this Committee were those in relation to the Chief Executive’s Directorate. The report was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

The Chief Officer Finance and Legal Services gave an overview of the report, highlighting the significant financial challenges that the Council was facing. Specific reference was made to paragraph 47 of the report submitted, which outlined the base budget forecast and the impact of spending pressures, saving proposals, public health grant funding and redundancy costs. He indicated that, based on current forecasts and proposals, balances would be sufficient to fund the deficit at the end of 2018/19, however, action was still required to address the forecast deficit by 2019/20 and to ensure prudent balances were maintained.

The Chief Officer referred to a number of ongoing transformation initiatives that had been identified to address the financial challenges and indicated that all Directorates would continue to review budgets to identify additional savings that could be implemented from 2017/18.

The Chief Officer Finance and Legal Services indicated that all Scrutiny Committees would undertake budget scrutiny prior to the submission of the final revenue budget proposals to the Cabinet in February and Full Council in March, 2017.

Members were reminded that questions within the remit of the Corporate Scrutiny Committee would be responded to during the meeting. Other directorate budgets would be scrutinised at the other Scrutiny Committees prior to the Overview and Scrutiny Management Board on 28th November, 2016.

Following the presentation, Members raised questions and comments on the budget proposals. It was noted that written responses would be circulated to Members of the Committee as appropriate. The key issues raised are summarised below:

• The Chief Officer Finance and Legal Services provided information concerning the implications of decisions previously made by the Council in relation to the Minimum Revenue Provision (MRP) Policy.

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• The Chief Officer Corporate Transformation and Performance responded to issues raised concerning the Digital Platform and the invest to save proposals. Savings were envisaged in the 2017/18 financial year and future plans would be reported to Members. The programme plan and delivery would be closely monitored to ensure targets were met in line with the approved budget.

Reference was made to funding costs from the disposal of sites that were already vacant over and above those needed to fund the existing capital programme. This was subject to confirming availability of such receipts and on the detail of the awaited final government guidance on capitalisation.

• Reference was made to the significant savings identified in relation to ICT and the potential impact on the Digital Platform proposals. The Chief Officer Corporate Transformation and Performance indicated that the streamlining of ICT Services was necessary in preparation for the implementation of the Digital Platform. Reference was also made to the use of open source software and potential retraining costs.

It was acknowledged that support would be necessary for sections of the community to access ICT and develop appropriate skills to engage with the Council through electronic means. The Chief Officer Corporate Transformation and Performance acknowledged that there were groups of people where traditional service provision methods would need to be retained.

A Member queried whether proposed ICT savings would result in a loss of external revenue. The Chief Officer Corporate Transformation and Performance provided assurance that income would not be lost as a consequence of the proposed savings.

• Concerns were expressed regarding the proposals for changes to terms and conditions, in particular, the introduction of five days unpaid additional leave for employees. A view was expressed that this would have a negative impact on certain groups of staff, including employees on low salaries. It was noted that this proposal was an initial option for consultation and negotiations with Trade Unions. It was acknowledged that the proposal would have an impact on all employees. However, this impact would be accompanied by the allocation of five additional leave days and for the lowest pay grades in the Council would be offset by the 2017/18 pay awards. Reference was made to the introduction of similar proposals in other local councils; however, it was difficult to make comparisons at this stage.

C/17

64 The Chief Officer Finance and Legal Services outlined the detailed breakdown of the proposed savings of £1,350,000 associated with the five days unpaid leave, including recognition that some essential service areas would need to remain open. The list of essential services required further detailed consideration. A sum of £150,000 was identified in relation to the reduction of the car mileage rate, however, it was emphasised that this was still subject to negotiations.

• Reference was made to the implications of ceasing funding for staff car parking passes. The Chief Officer Corporate Transformation and Performance reported that this was subject to negotiations and clarified that staff would be required to pay for parking on Council owned car parks. This proposal would affect approximately 280 employees.

• A Member expressed concerns that the Council had released employees on the grounds of voluntary redundancy and then re- engaged those employees on a locum or agency basis. The Chief Executive requested that details be provided of any such instances. It was acknowledged that agency or contract staff had been employed in certain parts of the Council to address specific difficulties where it was not appropriate or cost effective to fill permanent full-time posts.

The Chair requested clarification on the position regarding the re- employment of staff who had been made redundant and the position concerning the Council’s Redundancy Policy. It was noted that redundancy costs were included in the report submitted, together with the estimates for 2017/18 and 2018/19. The Committee noted the implications of the changes to the redundancy scheme and the application of the statutory cap.

Resolved

(1) That the Committee note the proposals of the Cabinet for the Medium Term Financial Strategy to 2019/20, taking account of the report now submitted and the issues raised at the meeting.

(2) That the assurances given by the Chief Officer Corporate Transformation and Performance concerning the implications of the proposed ICT savings, be noted and further information be circulated to the Committee.

(3) That the Chief Executive submit a report to a future meeting of the Committee on the use of agency staff within the Council including the re-employment of staff who had been made redundant and the position concerning the Council’s Redundancy Policy.

The meeting ended at 7.50pm.

CHAIR C/18

65

Minutes of the Health and Adult Social Care Scrutiny Committee

Wednesday 28th September, 2016 at 6.00 p.m. in Committee Room 3 at the Council House, Dudley

Present:-

Councillor N Barlow (Chair) Councillor A Goddard (Vice-Chair) Councillors J Baines, T Crumpton, C Elcock, S Henley, E Taylor and L Taylor.

Officers

T Oakman – Strategic Director People, D McNaulty – Consultant in Public Health, A Sangian (Senior Policy Analyst – People Directorate), and K Buckle (Democratic Services Officer – Chief Executive’s Directorate).

Also in Attendance

L Broster – Dudley Clinical Commissioning Group N Bucktin – Dudley Clinical Commissioning Group L Abbis – Head of Communications – The Dudley Group of Hospitals National Health Service Trust T Jinks – Compliance and Safety Manager – Dudley and Walsall Mental Health Partnership NHS Trust. K Gingell – Joint Medical Director – Dudley and Walsall Mental Health Partnership NHS Trust. J Emery – Health Watch Dudley

11. Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillor Richards and P Bradbury – Healthwatch, Dudley.

12. Appointment of Substitute Member

It was reported that J Emery had been appointed to serve as a substitute Member for P Bradbury for this meeting of the Committee only.

13. Declaration of Interest

In accordance with the Members’ Code of Conduct, S Henley declared a non-pecuniary interest in respect of Agenda Item No 9 – Dudley and Walsall Mental Health Partnership NHS Trust - Inspection as a Trustee of the Dudley and Walsall Mental Health Partnership NHS Trust and Councillor Henley’s wife working for the Black Country NHS Foundation Trust respectively. HASC/14

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14. Minutes

Resolved

That the minutes of the meeting of the Health and Adult Social Care Scrutiny Committee held on 14th July, 2016 be approved as a correct record and signed.

15. Public Forum

No issues were raised under this agenda item.

16. Delayed Transfers of Care

It was noted that this item would be deferred to the next meeting of the Committee. The Chair stated that any further updates in relation to Delayed Transfers of Care would be communicated to Members either by way of briefing note or email.

17. The Better Care Fund

A report of the Strategic Director People was submitted on the status and performance of the Dudley Better Care Fund Plan for 2016/17.

In presenting the report submitted N Bucktin made particular reference to the development of the Dudley Better Care Fund Plan advising that the Plan was now in place and the report submitted contained the main components of the Plan.

The performance in relation to reducing Emergency admissions was referred to and it was noted that in view of the key performance issue facing the Fund in this regard, a new Falls Service had been commissioned with work being conducted with Adult Social Care, Public Health and colleagues from the Dudley Group of Hospitals NHS Trust, to analyse data in order to have a service in place that substantially reduces emergency admissions due to falls.

The work in relation to reducing emergency admissions from care homes was outlined, including end of life patient care and telemedicine which included exploring partnership working with Airedale NHS Vanguard, to develop a telemedicine offer and geriatrician support being in place with an end of Life Co-Ordinator taking up post in January, 2017.

It was noted that in view of the substantial increase in admissions an Emergency Admissions Project Group had been established to coordinate a range of initiatives.

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67 That the Clinical Commissioning Group would report further to the Committee and the Dudley Health and Wellbeing Board, as work progresses in order to address reducing emergency hospital admissions.

Arising from the presentation of the report submitted, Members asked questions and made comments and N Bucktin and the Strategic Director People, responded as follows:-

• That there were two separate aspects to Falls, avoiding falls and interventions, with safeguarding processes being followed to determine the reason for the fall, which would include the impact of any medication upon the patient who fell and whether that medication contributed to the fall. That data had revealed that 88% of falls were due to medication error; • In relation to concerns regarding the provision of care at care homes, those concerns may relate to the standard of care or there could be an emerging pattern that raised safeguarding concerns and any investigation would involve the care home, relatives and the individual concerned, with a range of actions and sanctions being available from taking no action to suspension of the care home, forcing closure; • That telemedicine involved connecting care homes by using technology, providing care home nurses with advice remotely on how best to treat and care for a patient rather than that patient being admitted to hospital; • In relation to the charges applied for call buttons in homes, it was noted that all care was means tested, with rising demands and falling resources and discussions continuing on how the Government approach paying for elderly care and the challenges going forward for the whole Country with a rising elderly population. • That the quality of standard provided methods of tracking and monitoring concerns and complaints in relation to care homes, with care homes being registered, inspected and regulated. • That complex analysis was being undertaken in relation to those who return into hospital following discharge. It was noted that the introduction of the national living wage had assisted with the standard of those providing care and some work practices changing. As a consequence action was being tracked should a care provider not be complying with the standards set. • It was accepted that there were pressures on care home nursing staff and there would be the need to build confidence between those providing care and those medical professionals who would provide telephone advice on the provision of care, however there was evidence to suggest that the provision of telemedicine had been successful in other areas and in particular in relation to those receiving end of life care who wished to remain in their own environment dying with dignity.

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• That there was a national formula to work out the increase of over expenditure levels for the Better Care Fund Plan, with the Clinical Commissioning Group transferring the appropriate funds to the Local Authority direct. • The graph illustrating the flow of patients through to the Urgent Care Centre included General Practitioner referrals and the reason for increasing demand again related to managing risk, as the default position remained the referral to the Emergency Department and following that back to the Urgent Care Centre and General Practitioners. It was accepted that there would always be some patients who would be part of the streaming process who should not, with work on refining the streaming process continuing. • The requirement to triage ambulance arrivals differently and that being dependent upon further financing was referred to and it was noted that bids had been made to NHS England for the capital investment required.

The Strategic Director People undertook to provide members with details of the cost of telecare and when the fees were introduced.

Arising from concerns raised by a Member in relation to the need to obtain further capital investment to triage the Ambulance service, N Bucktin responded stating that the relocation of the walk in centre to the site and becoming the Urgent Care Centre had been the first step in the process to relocate the facility in order to stream the Urgent Care Centre and the Emergency Department within walking distance from each other, and the second stage of the process to reconfigure the ability to stream ambulances had always been dependent upon obtaining further funding.

L Broster reported that the Dudley Clinical Commissioning Group fully supported the re-configuration work in order to investigate a solution to meet the needs of the Urgent Care Centre, to enable the flow of patients to be managed as efficiently as possible.

The Strategic Director People echoed the need for capital investment advising that central funding was no longer available.

In responding to a concern raised by a Member in relation to withdrawing facilities at the hospital for re-admissions, N Bucktin referred to improving the flow of admissions which would result in the reduction in the number of hospital beds required.

The Strategic Director People referred to the huge challenges faced by the service and the need to work differently which would create alternative methods of providing care.

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In relation to a Members concerns regarding the need to retain hospital beds that remained occupied by patients from the previous winter, N Bucktin referred to the need to free up capacity in order to deal with those patients needing to access the service, and that currently hospital beds in the two wards referred to were being dealt with inappropriately.

N Bucktin undertook to provide Members with statistical data in relation to those patients who were admitted from the Urgent Care Centre and the potential increase in those rates.

N Bucktin in responding to a question raised by a Member referred to the number of protocols that had to be followed by 111 operators, which would result in patients being referred to the 999 service or the Emergency Department and that processes could be managed differently to prevent this in the future.

N Bucktin referred to replicating successful services in order to prevent unnecessary hospital admissions such as the telecare and telemedicine services, and investigating how the Multi-Specialty Community Provider is commissioned as an alternative to utilising the 111 Service.

In responding to a Members question, N Bucktin advised that in relation to the table referring to Application of Funds contained on page 14 of the report submitted, there were a range of services that were provided and some were integrated including the Falls service, advising that currently work was being undertaken in relation to intermediate care in order to consider care that could be provided on an integrated basis, with the development of the Multi-Specialty Community Provider presenting an opportunity to investigate the provision of integrated services.

It was noted that certain services did not require an integrated approach, however with the Falls Service the view had been taken that there was a need to provide an integration team which provided health and adult social care services.

The Strategic Director People referred to the need to examine ways of delivery in order to provide smarter ways of commissioning services.

A Member referred to the relationship between the Clinical Commissioning Group and the Council and noted that problems with duplicating services had been addressed. The same Member raised concerns in relation to the application of funding for support for people with dementia and requested that a report be submitted to a future meeting of the Committee in relation to how the Better Care Fund addressed the needs of children.

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The Strategic Director People referred to the national construction of the Better Care Fund, and the funding contributed to the Fund from the Council was noted. The issues in relation to the Children and Adolescent Mental Health Services and the work being undertaken jointly with the Clinical Commissioning Group and the Children’s Alliance Board was referred to, and in particular the need to be realistic in relation to judgments which ultimately required choices and processes.

N Bucktin advised that the Better Care Fund focused on Health and Adult Social Care and the protection of investment in Adult Social Care and would not involve the funding in relation to the provision of Children’s Services.

Resolved

(1) That, the information contained in the report on the status and performance and planned mitigating actions of the Dudley Better Care Fund Plan 2016/17, be noted.

(2) That, the final assurance and approval of the Better Care Fund Plan, be noted.

18. Change In Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That Agenda Item No. 9 – Dudley and Walsall Mental Health Partnership NHS Trust – Inspection, be considered as the next item of business followed by the remainder of the agenda items.

19. Dudley and Walsall Mental Health Partnership NHS Trust .

The Committee considered a joint presentation of K Gingell, Joint Medical Director and T Jinks, Compliance and Safety Manager, Dudley and Walsall Mental Health Partnership NHS Trust on the Care Quality Assessment of the Trust. The presentation was circulated to Members prior to the meeting.

It was noted that the aim of the presentation was to highlight the good practice identified by the inspection with 25 out of 30 areas rated as “good”. The identified areas for improvement and the provision of assurances on actions already by the Trust were outlined, together with the priority action areas to ensure compliance with regulations.

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71 The views of the staff in relation to the assessment process were outlined together with details of the caring, responsive, effective, well- led and good practice during the assessment.

The indentified themes and issues for improvement including the need to progress to full electronic records which were moving ahead at pace and the need to write policies and provide staff training were referred to.

An update was provided on the approach taken regarding the identified regulation actions, including the submission of factual accuracy comments following the inspection.

A summary of actions undertaken by the Trust, including the review of inpatient care records and risk assessments, the development and delivery of a communication strategy and key messages to staff were outlined together with a breakdown of actions taken to review and audit staff files, to ensure compliance with fit and proper person requirements.

K Gingell, the Joint Medical Director expressed that she was confident that every action had been completed and spot check audits would now be undertaken and a final summary of the Assessment was outlined.

Arising from the presentation, Members asked questions, made comments and suggestions and K Gingell and T Jinks responded as follows:-

• In relation to the consultation, staff were encouraged and provided with the opportunity to raise their concerns, including any environmental concerns that they had; • In order to address and record policy issues, this had been a matter of ensuring that staff were aware of different definitions and using the right terminology; • The Care Quality Commission had acknowledged the concerns of the Trust in relation to factual issues that they had raised; • A definite increase had occurred in the children and young people suffering with mental health problems, however the concerns raised by the inspections surrounded lone working and ensuring that staff remained safe; • There were 70 beds across three acute Wards at Bushey Fields Hospital, with two being for the elderly and over the preceding 2/3 years there had only been one occasion when a Dudley resident had been placed outside the Borough;

J Emery, advised that as one of their priorities Health Watch, Dudley met with the Chief Executive of the Dudley and Walsall Mental Health Partnership NHS Trust on a regular basis and monitored actions and also ensured that the patient experience was captured. J Emery

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72 wished to provide assurances that crisis and communication work continued to be monitored by Health Watch, Dudley and the outcome of that work could be reported to a future meeting of the Committee.

It was noted that Norman Lamb of the Mental Health Commission and S Norman the Chief Executive of the Council was involved in the sustainability programme of the Trust, with feedback being provided to the Mental Health Commission by the Chief Executive of the Trust.

It was further noted that one Ward had been closed at Bushey Fields Hospital, following new ways of working in relation to crisis response by the Home Treatment Team, which had reduced the bed base accordingly and it was hoped that innovative methods of working would continue to evolve.

Resolved

That the information contained in the presentation on the Dudley and Walsall Mental Health Partnership NHS Trust Care Quality Commission Assessment, be noted.

20. Development of the Multi-Specialty Community Provider

A joint report of the Director of Commissioning, Dudley Clinical Commissioning Group and the Director of Communications and Public Insight was submitted on the public consultation on the development of a Dudley Multi-Specialty Community Provider (MCP).

The Dudley Multi-Specialty Community Provider, Public Consultation and Equalities Impact Assessment was available to Members on the Committee Management Information System (CMIS).

N Bucktin presented the report submitted making particular reference to the significant public involvement to inform the development of a new care model in Dudley, advising that the consultation process had ended on 9th September, 2016.

The scope and characteristics of the service were referred to including the overall satisfaction and positive reactions of those consulted. However it was noted that there would be some proposed changes to the outcomes framework given the concerns raised that reductions in services, may result should the provider not perform well and receive less funding.

The need to continue to provide patient and public involvement in relation to the development and procurement of the service was outlined, together with the need for public accountability with this being reinforced and examined as part of the procurement process.

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73 The importance of continued dialogue in order that the model could be shaped by local people and formalising their input into the procurement process was noted together with the fact that this would not be the end of engagement.

Details of the methods of intensive consultation were outlined together with statistics of those accessing social media and the numbers of attendees at the organised events.

Arising from the presentation of the report submitted, Members asked questions, made comments and observations and N Bucktin and L Broster responded as follows:-

• The consultation centred around areas where patients and the public could influence the development of a Dudley Multi- Specialty Community Provider (MCP) and did not provide those consulted with the opportunity to suggest alternatives.

A Member suggested the importance of re-investing into the service in order that it could be improved rather than withholding funding should outcomes fail to be achieved by the MCP, rather than decentivising final outcomes.

• It was noted that those consulted were struggling to comprehend what the MCP would mean to them operationally and which services would remain within the scope of the MCP, as potentially some out-patient appointments could take place at Health Centres and not at hospitals and some appointments could be made by methods of self referral, which would result in efficiencies by providing patients with direct access to those services, rather than seeking a referral from General Practitioners.

• Details in relation to access to services, those services which would operate outside the MCP and the intention of the Dudley Clinical Commissioning Group was to commission the best care pathway possible were outlined and it was noted that the co- ordination of care for those with complex long term needs, would be undertaken by Multi Disciplinary Care Providers, as it was imperative that those with complex long term needs only had “to tell their story once”.

• The Prevention of Unnecessary Admissions Team who would be responsible to provide support for patients support services and networks in order that they could be cared for within the community and not remain in hospitals were referred to.

• That a range of services would be provided by local organisations, including General Practitioners, the Dudley and Walsall Mental Health Partnership NHS Trust, the Black Country Alliance and the Dudley Group of Hospitals, as it remained the

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expectation that they would wish to continue to be involved in the provision of health care services. The key factor in the process would be the role of the General Practitioner as the new care model, the MCP required a registered list of patients, as the MCP must partner effectively with the General Practitioner.

A Member raised an issue in relation to the MCP being expected to re- invest any profits back into local services and N Bucktin responded, stating that methods of involving the public in the procurement process would be investigated, including involving expert patients and that a further presentation and/or event may become appropriate at a certain point within the process.

It was noted that the procurement questions had been shaped by the views of members of the Patient Participation Groups and the Vanguard Engagement Group, as to what the content of the pre-qualification questionnaire should include.

The Strategic Director People referred to the considerable investment that the Council would make to the MCP, whilst accepting that the Dudley Clinical Commissioning Group, General Practitioners would lead on the primary care approach. The need to understand the procurement and governance of the MCP and the necessity to engage with the public at an early stage in the procurement process was referred to in order to ensure that that the procurement of services met the interests of patients and stakeholders.

Resolved

(1) That the information contained in the report submitted on the public consultation on the development of a Dudley Multi-Specialty Community Provider (MCP), be noted.

(2) That the Dudley Clinical Commissioning Group had followed the engagement plan set out at previous meetings of the Committee, be noted.

(3) The Consultation and the opportunities that had been created for local people to be involved in shaping the MCP including previous listening exercises, be endorsed.

21. External Commission of an Integrated Adult Wellness Service.

A report of the Strategic Director People was submitted on the progress in the procurement of an Integrated Adult Wellness Service.

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75 In presenting the report submitted the Consultant in Public Health made particular reference to the new service which would include stop smoking and adult weight management, referring to the targets and the way in which services were delivered.

It was noted that the current lifestyle service model offered a wide range of different providers in different locations, with different access points, registration processes and a website.

The public and stakeholder consultation in order to ascertain views on the services required and the preferred choice of locations was referred to as set out in the report submitted, together with the scope of the integrated Adult Wellness Service Model which would include referrals to a single point of access providing one telephone number and a universal website, encouraging people to become more self reliant.

The Consultant in Public Health stated that it was anticipated that by investing and promoting more self help, there would be a decrease in the need for lifestyle support including specialist services which would drive out efficiencies.

It was noted that it was intended to have the integrated adult wellness service in place by 1st April, 2017 and the key actions and timescale as referred to in Table 2 in the report submitted was also noted.

Arising from the report submitted, Members asked questions and the Consultant in Public Health responded as follows:-

• That commissioning the new service would result in the reduction in the number of staff currently providing the service; • The key outcomes would be public health performance indicators and measured against the new contract; • The service would not be primary care based and the work would be based around the community, which may be aligned with community hubs or where the public required the services to be offered, for example Community Centres, as the new service would be a population based prevention service; • The re-focused service would result in the public becoming more self reliant and being triaged to self help; • That there would be a first point of contact; • The provision of the service was not statutory, however there remained a responsibility for providing for the health and wellbeing of the Community; • It was hoped that over time the support and intervention would reduce to universal self help increasing levels of self care through support of health; • The lead provider would be selected on market testing and although there was less money to invest there were huge gains to be made through partnership working;

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76 The Strategic Director People referred to the requirement to include the specification of collaborative working, ensuring better use of expert by experience. The possibility of looked after children and people with disabilities being employed by the new service was referred to. It was noted that a commitment was made that this was reflected in the relevant tender documentation.

J Emery referred to the contribution Health Watch Dudley could make to the provision of the new service advising of the opportunities for the public to become involved with the service, and the need to work on education in order to change the mind sets of those wishing to access the service.

The Public Health Consultant outlined the work that would be undertaken with the new provider, the Council on their digital platform and libraries in order to promote the new website to enhance public awareness of the new service.

It was also noted that there would be linkages into existing websites and promoting the new service at various events and through Boards such as the Children’s Alliance Board.

Resolved

(1) That the information contained in the report submitted on the progress in the procurement of an Integrated Adult Wellness Service, be noted.

(2) That further progress reports on the procurement of an Integrated Adult Wellness Service, be submitted to future meetings of the Committee.

The meeting ended at 8:20 p.m. Chair

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77 Minutes of the Place Scrutiny Committee

Tuesday 15th November, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:

Councillor M Aston (Vice-Chair in the Chair) Councillors A Finch, Z Islam, L Johnson, I Kettle, C Perks, H Rogers, M Rogers, R Scott-Dow, K Shakespeare and V Wale.

Officers:

I Newman – Chief Officer – Finance and Legal Services (Lead Officer to the Committee); A Lunt, Strategic Director Place; M Williams – Chief Officer – Environmental Services; H Martin – Head of Planning and Development; G Dean – Head of Street and Green Care; J Butler – Group Engineer; M Shafie – Contractor Road Safety Consultant (All Place Directorate); R Cooper – Head of Financial Services; C Ludwig – Finance Manager and K Taylor – Democratic Services Officer (All Chief Executive’s Directorate).

15. Declarations of Interest

No Member made a declaration of interest in respect of any matter to be considered at this meeting.

16. Minutes

Resolved

That the minutes of the meeting held on 22nd September, 2016, be approved as a correct record and signed.

17. Public Forum

A member of the Mary Stevens Bowling Club, Mr Rollason, expressed his disappointment that the Bowling Club had been asked to pay £12,000 towards the grounds maintenance at the Bowling Club by the Council. He stated that the Chairman, Mr Keys, had identified that the maintenance could be undertaken at a cheaper rate, as the Club would not be able to afford the proposed £12,000.

PL/21 78 Members made a number of comments making particular reference to the Ernest Stevens Trust Deeds that stated that the maintenance of the grounds was the Council’s responsibility and therefore had a legal duty to provide this service. It was also stated that the assets within the Trust, were in the public’s interest and that the deeds had been adhered to for 87 years. The activities and respite care provided to the elderly through Bowling Clubs was viewed as a priority, and it was feared that implying the proposed charges to these clubs would have a detrimental effect on their future operation.

In response to the concerns raised, the Strategic Director Place, referred to the difficulties faced by the Council in setting a balanced budget and commented that it was crucial that alternative ways in which all services operated were explored. Suggestions in how the grounds maintenance service could be provided, at a reduced cost, would be welcomed. The number of free activities available to residents were also referred to and the Committee were advised that all cost saving proposals were subject to an Equality Impact Assessment.

18 Change in Order of Business

Resolved

That agenda item number 10 – Charging for School Crossing Patrols be considered as the next item of business followed by the remaining agenda items.

19 Charging for School Crossing Patrols

A report of the Strategic Director Place was submitted on background information about the reasons for the proposals to charge schools for the School Crossing Patrol (SCP) Service and to outline the consultation undertaken by Dudley Metropolitan Borough Council with schools regarding the proposal, together with a summary of the feedback from schools.

The Head of Street and Green Care stated that a SCP service can only be operated by an “Appropriate Authority”, and whilst the Council was deemed an Appropriate Authority, it was only required to appoint persons to operate a SCP if it was deemed fit to do so. Given that the provision of a SCP service was discretionary, it was considered that the legal responsibility for ensuring the safety of children travelling to and from school was solely with the child’s parents.

The importance of a school’s commitment to funding a SCP site was highlighted and it was commented that those schools refusing to fund the service could potentially impact on the service provided to schools that were willing to fund a SCP site.

The Head of Street and Green Care outlined the Council’s statutory duty in relation to road traffic accidents, and the implementation of a five year School Safety Zone programme.

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The opportunity to re-align funding was referred to, together with the fact that schools had access to funding such as the Dedicated School Grant and the Physical Education and School Sport Premium grant, which could be combined with other initiatives. It was reported that the Physical Education and School Sport Premium grant was expected to be increased in September, 2017, however, this was currently being reviewed by the Department for Education.

As part of the presentation, a power point presentation was given outlining the key Council challenges and the steps taken during the consultation period. It was reported that between the period of 5th October, 2016 and 10th November, 2016, 26 responses to the 123 consultation invitations had been received. From the responses received it was evident that schools understood the importance of providing a SCP service, however, it was noted that the preferred option for Schools would be for the Council to continue to provide this service.

The next steps were outlined including briefings to School Crossing Patrols and the establishment of a working group with the Chair of the Primary and Secondary School Forums to develop a Service Level Agreement.

It was further noted that a number of petitions had been received against the proposals made.

The Chair invited those residents present to address Members of the Committee.

Mrs S Dudley, School Crossing Patrol, stated that all School Crossing Patrols were well respected throughout the Borough, and asked how many schools had responded to the consultation.

The Head of Street and Green Care confirmed that 26 schools had responded to the consultation, and assured that letters had been sent to all schools highlighting the importance of the service and consultation. Although a small percentage of feedback was received, further discussions will be held with all Head Teachers regarding the priorities of each school and to identify cost effective plans to guarantee a future sustainable service.

Mr G Hollins, resident, expressed concerns that the proposal to remove School Crossing Patrols was being considered given the possibility of a fatality to a child. He stated that schools were dealing with a significant reduction in budgets and queried why residents were paying Council Tax if important services such as this were being cut.

A parent representative from Thorns Primary School queried why schools had been asked to fund the service given that schools budgets were already stretched.

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The Head of Street and Green Care acknowledged the difficulties faced by Schools as a result of reduced budgets, and emphasised that the Councils budgets had also been reduced and therefore a review of all non-statutory services was required in order to meet future budget pressures. He also confirmed that the proposal was not to remove School Crossing Patrols, but to identify alternative funding options and to explore how the service could be delivered differently. It was also noted that the Council was not responsible for the allocation of School budgets.

A School Crossing Patrol and local resident queried why the proposed savings were 395,000 given that he only earned £10 per day, and that the removal of School Crossing Patrols could expose children to risk.

The Head of Street and Green Care advised that the savings included full service costs including associated overheads and reiterated that the proposal was not to remove School Crossing Patrols, but to identify alternative funding options.

Arising from the presentation of the report submitted, Members asked questions, made comments and responses were given where appropriate:-

• Councillor Shakespeare advised that the Conservative Group were opposed to the proposal, and that the proposals put forward by the Conservative Group would have prevented the risk to front-line services. She also stated that the safety of children was paramount and referred to the safer routes to school programme, in particular, 20mph zones and suggested that these be reviewed as drivers were not adhering to the restricted speed limit.

• A member acknowledged the difficult decisions to be made in order to meet budget pressures and considered that the Council and Schools were both morally responsible in providing a SCP service, and suggested that further safety information could be provided to parents and children when travelling to and from School.

• Councillor Johnson agreed with the comments made by Councillor Shakespeare and urged the Committee to consider the wellbeing of children.

• Following the comments made regarding the possibility of funding the SCP service with the Physical Education and School Sports Premium grant, it was suggested that this could not be relied upon as there was still some uncertainty as to how it could be applied.

• The Head of Street and Green Care advised that the Council currently provided school crossing patrols to approximately 81 sites, which were operated by approximately 63 dedicated patrols. It was however noted that this figure was fluid due to a recent disestablishment of sites. The costs involved were based on hourly rates of patrols and the time required at each site inclusive of full cost recovery for the service.

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• Concerns were raised by Members with regard to the lack of breakdown of costs involved with providing the school crossing patrols service, and the discrepancies in the figures against the report submitted to the previous Committee meeting.

• The Head of Street and Green Care confirmed that the proposal was not to remove school crossing patrols but to identify alternative funding options, however if the proposal was approved and implemented, a low take-up from schools could have a direct impact on patrol staff. A breakdown of the associated costs of the service provided to members at its meeting of 22nd September, 2016 was also brought to the attention of Members.

• In responding to a member in relation to the judgement by the House of Lords in the case of Regina v Rogers, in that for a route to be available, it must be a route along which a child, accompanied as necessary, can walk with reasonable safety to school. The Head of Street and Green Care acknowledged this and that the SCP service had been provided by the Council for a number of years, but savings were required in order to meet the budget constraints.

• That subject to a new service level agreement with schools, individual parents/carers could become an accredited school crossing patrol through the recruitment process, however the Council would be obliged to ensure that all school crossing patrol candidates had the relevant Disclosure and Barring Service clearance and health checks.

• That should the proposal be approved, the Council would be required to retain a small number of staff to ensure that the SCP duties and responsibilities were discharged correctly and operational control maintained. The support provided by the staff would be re-charged to the individual school.

• A member considered that the timeframe for the introduction of the new funding arrangements should be extended to allow the schools involved to implement appropriate training.

Following concerns raised by Members, the Chair requested that a representative from the Education Service, such as a spokesperson for Governors or Head Teacher’s, attend the next meeting of the Committee to present their perspective on the proposals made. Members will then make their recommendations at that meeting, prior to the final decision of the Budget by Council in March, 2017.

Resolved

(1) That the information contained in the report and Appendices to the report submitted, on charging proposals for school crossing patrols, be noted.

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(2) That the Strategic Director Place be requested to submit a further report in relation to SCP to the next meeting of the Committee.

(3) That a representative from the Education Service be invited to attend the next meeting of the Committee to present their perspective on the proposals made

20. Dudley Housing Asset Analysis Methodology Presentation

The Strategic Director Place verbally updated Members on the Strategic Asset Management Analysis Methodology. A copy of the information presented would be circulated to Members for information.

The Strategic Director Place reported that it was vital to maintain the value and condition of the housing stock asset base and ensure that existing housing met current and future needs.

The Council commissioned consultants IS4 to undertake the Housing Asset Management Analysis to provide an indicator of stock sustainability based on two criterias; a financial assessment and performance and prospects assessment leading to all stock being allocated a ‘Red Amber or Green, or alternatively, a ‘RAG’ Rating. The priority areas identified a concern for high rise accommodation, the 28 streets / blocks that contained 14% of all void properties in the borough and the significant number of streets where the Council owned a single property.

The Strategic Director Place advised that every unit within Arley Court, Compton Court, Manor Court and Wells Court had been identified as red flagged and clearly not sustainable, and the decision by Cabinet in July, 2016 to demolish the properties had saved £10m in refurbishment costs in the Housing Revenue Account.

The next steps were outlined including the detailed assessment of the remaining 24 streets that contained the majority of voids and assessing low rise accommodation, which would produce the basis of a 30 year investment plan.

The Strategic Director Place advised that residents had been consulted individually to address their housing needs and assured the Committee that support and compensation, if necessary, would be given to the residents.

A Member raised concerns with regard to the level of Anti Social Behaviour arising from the Performance and Prospects Assessment by IS4 and the work undertaken by the Anti Social Behaviour Team. The Strategic Director Place, in response, confirmed that the working hours of the Anti Social Behaviour Team were until midnight and there was a close working relationship with West Midlands Police. It was also confirmed that a property would be red flagged if there were consistent issues of anti social behaviour only and not by an isolated incident. It was noted that Anti Social Behaviour would be discussed at a future Council Debate meeting.

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Following a request by a Member, the Strategic Director Place undertook to provide a briefing note to Members for the forthcoming Council debate on dealing with Anti Social Behaviour and utilising the service effectively. He also undertook to provide a further report highlighting the ‘lessons learnt’ from the process of re-housing tenants of the four high rise blocks identified avocet to a future meeting of the Committee.

Resolved

(1) That the information presented on the Housing Asset Analysis Methodology be noted.

(2) That the Strategic Director Place circulate a briefing note to Members on dealing with Anti Social Behaviour and utilising the service effectively.

(3) That the Strategic Director Place submit a report to a future meeting of the Committee on ‘lessons learnt’.

21 Medium Term Financial Strategy

A joint report of the Chief Executive, Chief Officer -Finance and Legal Services and Strategic Director Place was submitted consulting on the Medium Term Financial Strategy to 2019/20 with emphasis on proposals relating to the Committee’s terms of reference.

In presenting the report submitted, the Chief Officer -Finance and Legal Services confirmed that consultation with Scrutiny Committees had commenced and that there was an opportunity to give further consideration to the savings proposals at the Committee meeting scheduled for 30th January, 2017, prior to the final decision by Cabinet on 6th March, 2017.

The forecast position reflecting the revised spending proposals was outlined indicating that balances would be sufficient to fund the deficit until the end of 2018/19, however further action was needed to address the deficit in 2019/20. It was noted that Dudley had low level balances compared to other Local Authorities.

Arising from the presentation of the report submitted, Members considered the savings proposed under the terms of reference of the Place Scrutiny Committee, as set out in Appendix A of the report submitted, in which comments were made and questions asked which were responded to by Officers as follows:-

• Reference was made to the number of transformation initiatives identified to address the financial challenges, in particular that it appeared that front line services were heavily affected. The Chief Officer - Finance and Legal Services drew attention to proposals in the report for savings from support services, including Information Technology.

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• In regard of the review of the winter service provision, the Chief Officer – Environmental Services stated that the continuation of the service was a priority, and as breakdowns in vehicles were rare, given the maintenance regime undertaken, this had allowed the disposal of a spare gritter vehicle. It was also reported that the 8 ‘rounds’ would be reduced to 7, however, any reductions would be based on a risk base methodology analysis and consultation with Ward Members. The use of grit bins will also be reviewed.

• In responding to a question by a Member in relation to the Combined Authority, the Chief Officer – Finance and Legal Services confirmed that when Council approved the budget in February, 2016, the proposals in respect of the Combined Authority were being developed and there was uncertainty as to contributions expected from the seven councils. It was reported that future contributions may now be required, and that a decision will be required as to how these are shared.

• A Member raised a number of concerns regarding the proposed savings affecting Parks and Open Spaces, making particular reference that car parking charges and disposal of green space asset was against deeds of gifts on Trust land. In responding, the Chief Officer – Environmental Services confirmed that the disposal of Trust land was not being considered, and that the focus was on unused green space that could be utilised more effectively, such as, housing development. He assured the Committee that the Council were aware of its legal obligations in respect of Trust land and would continue to do so.

• Following a question raised by a Member, it was noted that Parks were graded by a number of categories outlined in the Green Spaces Asset Management Plan, and that the main objective was ensuring that each household had access to green space.

• The Chief Officer – Environmental Services undertook to provide Members supplementary information on the Green Spaces Asset Management Plan and associated green space.

• Reference was made to the proposed increase to car parking charges in particular that it was possible that residents could park in neighbouring streets to avoid paying to park their vehicle. The Chief Officer – Environmental Services advised that town centre car parking would be reviewed in order to identify any innovative methods to address the savings required.

• Concerns were also raised in relation to the proposal to discontinue maintaining bowling greens. The Chief Officer – Environmental Services advised that a number of bowling clubs welcomed an asset management approach in view of the high maintenance of the greens, and that discussions were ongoing in order to move forward.

Resolved

PL/28 85

(1) That the Cabinet’s proposals for the Medium Term Financial Strategy to 2019/20, as set out in the report, and Appendices to the report, submitted be noted.

(2) That the Chief Officer – Environmental Services be requested to provide Members with supplementary information on the Green Spaces Asset Management Plan and associated green space.

22 Approval for Public Consultation on the Draft Statement of Community Involvement (SCI) and Review of The Public Speaking Process

A report of the Strategic Director Place was submitted on the draft Statement of Community Involvement (SCI) to be used as a basis for public consultation commencing on Friday 30th September, 2016 for a period of eight weeks, and the proposed changes to the public speaking process. A copy of the draft Statement of Community Involvement (SCI) was attached as Appendix A to the report submitted.

Resolved

That the information contained in the report and Appendices to the report submitted on the draft Statement of Community Involvement (SCI) and the proposed changes to the public speaking process, be noted.

23 Questions to the Chair

In accordance with Council Procedure Rule 11.8, Councillor H Rogers had given written notice to the Monitoring Officer of a question to the Chair. The question and response was circulated at the meeting as summarised below:-

Question:-

Why have Officers of the Place Directorate been allowed to ignore the Terms of Reference of the Ernest Stevens Trust Management Committee, which were revised at the meeting on 27th October 2016 to be very clear, to allow members of the public to think that the Deeds of Gift for Stevens Park, Wollescote; Mary Stevens Park, Stourbridge; Stevens Park, Quarry Bank and Homer Hill Park, Cradley, in relation to Sunday and Good Friday play restrictions can be changed by the Council?

No documents relating to Homer Hill Park were given to the Committee to consider and there may have been other paragraphs relating to exceptions. I do not think that all members of the Committee had access to the appropriate Deeds to check the conditions therein at the meeting, or the consequences such a decision would have on other Trust Deeds.

PL/29 86

Also, why the users of the Bowling Greens and Croquet Lawn should be made liable for the maintenance of these when quite clearly it is a Council responsibility stated throughout the Trust Deeds which are legal documents and the governing documents of each Park, registered with the Charity Commission so that they are protected in perpetuity?

The Ernest Stevens Trust Management Committee is a quasi-judicial committee set up to administer the Trust Deeds as of the date they were written as specified in the Terms of Reference, and neither the ESTMC or the Council have the right to change the Trust Deeds in this way. It causes a conflict of interest of the Council as all the properties concerned are held in trust and not owned by the Council. A Deed of Gift overrides Budgetary constraints as we know.

Answer:-

Officers are aware of the requirements of the terms of reference of the Ernest Stevens Trusts Management Committee. On 27th October, the Committee considered the draft consultation document and changes were made. The consultation period was extended to 30th November 2016 to ensure adequate time for views to be obtained. The consultation process was also raised at all 10 Dudley Borough Community Forums earlier this month. The document was also amended to state that the Council was left the parks as trustee and that the Council will consult with the Charity Commission on all proposals, and liaise with the Ernest Stevens Trusts Management Committee.

The minutes of the Ernest Stevens Trusts Management Committee on 27th October, 2016 make it clear that the consultation is an initial stage. Following the consultation, a further report will be submitted to the Ernest Stevens Trusts Management Committee. This will include full consideration of the legal implications. Officers have confirmed that the Members of the Ernest Stevens Trusts Management Committee have also been supplied with a summary of the conveyance relating to Homer Hill Park.

It is not appropriate at this stage to prejudge the outcome of the ongoing consultation. However, if the Ernest Stevens Trusts Management Committee is of the view, at any time in the future, that there should be changes made to the Deed of Gift, this would be referred to the Charity Commission based on all relevant and available information. This process is separate from the approval of the Council’s Medium Term Financial Strategy.

The meeting ended at 8.25 pm.

CHAIR

PL/30 87 Minutes of the Appeals Committee

Monday 10th October, 2016 at 10.00am in Committee Room 4 at the Council House, Dudley

Present:

Councillor C Bayton (Chair) Councillor S Anderton Councillor H Rogers

Officers:

D Corbett, Senior Transport Officer – (People Directorate) and K Taylor, Democratic Services Officer – (Chief Executive’s Directorate).

5. Declarations of Interest

No member declared an interest in accordance with the Members’ Code of Conduct, in respect of any matter to be considered at this meeting.

6. Minutes

Resolved

That the minutes of the meeting of the Appeals Committee held on 6th September, 2016, be noted.

7. Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) as defined in Part I of Schedule 12A to the Local Government Act, 1972, as amended.

8. Home to School/College Transport Appeal – KM

The Committee considered an appeal relating to Home to School/College Transport.

The Applicant (JP) was in attendance at the meeting, together with a supporter.

Following introductions by the Chair, the Applicant (SF) confirmed that she understood the procedure to be followed.

AC/3

88

The Senior Transport Officer, People Directorate, presented the report on behalf of the Local Authority.

Following the presentation, the Applicant (JP) and the Panel were given the opportunity to ask questions of the Local Authority report.

The Applicant JP then presented the case as to why it was imperative that KM was provided with home to school transport.

Following the presentation by the Applicant (JP), the Panel asked questions on the evidence provided.

Following discussion and questioning, both parties were asked to make final submissions and then withdrew from the meeting so that the Committee could continue its deliberations in respect of the Home to School Transport Appeal.

Resolved

(1) That, following careful consideration of the written representations as circulated with the agenda papers and all the comments and submissions made at the meeting, the appeal be upheld and that transport for KM be provided to the Woodsetton school.

(2) That the Lead for Law and Governance advise the applicant of the decision of the Committee in writing.

The meeting ended at 10.35am

CHAIR

AC/4

89

Minutes of the Appeals Committee

Tuesday 15th November, 2016 at 10.00am in Committee Room 1 at the Council House, Dudley

Present:

Councillor C Bayton (Chair) Councillor E Lawrence Councillor P Miller

Officers:

T Wells, Senior Transport Manager and L Marks Senior Transport Officer – (People Directorate) and K Buckle, Democratic Services Officer – (Chief Executive’s Directorate).

9. Declarations of Interest

No member declared an interest in accordance with the Members’ Code of Conduct, in respect of any matter to be considered at this meeting.

10. Minutes

Resolved

That the minutes of the meeting of the Appeals Committee held on 10th October, 2016, be approved as a correct record and signed.

11. Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information relating to any individual(s) as defined in Part I of Schedule 12A to the Local Government Act, 1972, as amended.

12. Home to School/College Transport Appeal – SH

The Committee considered an appeal relating to Home to School/College Transport.

The Applicant (MP) was in attendance at the meeting.

Following introductions by the Chair, the Applicant (MP) confirmed that she understood the procedure to be followed.

AC/5

90

The Senior Transport Manager, People Directorate, presented the report on behalf of the Local Authority.

Following the presentation, the Applicant (MP) and the Panel were given the opportunity to ask questions of the Local Authority report.

Arising from questions it was noted that in relation to the additional information contained in the report submitted, details of the walking route for SH had changed due to the closure of an alleyway. Arising from this, the Chair requested that the walking route be re-calculated and there followed a brief adjournment.

The meeting was reconvened and Members considered details of the new walking route. It was noted that the new waking route remained under the three mile limit walking distance in accordance with the Council’s Home to School Travel Support Policy eligibility criteria.

The Applicant MP then presented the case as to why it was imperative that SH was provided with home to school transport.

Following the presentation by the Applicant (MP), the Panel asked questions on the evidence provided.

Following discussion and questioning, both parties were asked to make final submissions and then withdrew from the meeting so that the Committee could continue its deliberations, in respect of the Home to School Transport Appeal.

Resolved

(1) That, following careful consideration of the written representations as circulated with the agenda papers and all the comments and submissions made at the meeting, the appeal for SH be refused for the reasons set out in the report of the Senior Transport Manager, People Directorate.

(2) That the Lead for Law and Governance, advise the Applicant of the decision of the Committee in writing.

13. Home To School Transport Appeals – OY and TY

The Committee considered appeals relating to Home to School/College Transport.

The Applicants (Mr and Mrs Y) were in attendance at the meeting.

Following introductions by the Chair, the Applicants (Mr and Mrs Y) confirmed that they understood the procedure to be followed.

The Senior Transport Manager, People Directorate, presented the report on behalf of the Local Authority.

AC/6

91 Following the presentation, the Applicants (Mr and Mrs Y) and the Panel were given the opportunity to ask questions of the Local Authority report.

The Applicants Mr and Mrs Y then presented the case as to why it was imperative that OY and TY were provided with home to school transport. Mrs Y also referred to TY’s lifelong medical condition which impacted upon the ability to walk to school.

Following the presentation by the Applicants (Mr and Mrs Y), the Panel asked questions on the evidence provided.

Following discussion and questioning, both parties were asked to make final submissions and then withdrew from the meeting so that the Committee could continue its deliberations in respect of the Home to School Transport Appeals.

Resolved

(1) That, following careful consideration of the written representations as circulated with the agenda papers and all the comments and submissions made at the meeting, the appeal for OY be refused for the reasons set out in the report of the Senior Transport Manager, People Directorate.

(2) That the appeal for TY be deferred, pending receipt of further written medical evidence from TY’s General Practitioner confirming TY’s medical conditions, ongoing medication and the impact the condition imposes on everyday activities.

(3) That, upon receipt of the medical evidence referred to above a further meeting of the Appeal Committee be convened consisting of the same Panel Members.

(4) That, the Lead for Law and Governance be requested to advise the applicants of the Panels’ decisions in writing.

The meeting ended at 11.30am

CHAIR

AC/7

92 Minutes of the Appointments Committee

Monday 14th November, 2016 at 12.00 noon in Committee Room 3, the Council House, Priory Road, Dudley

Present:

Councillor P Lowe (Chair) Councillors K Ahmed, S Clark, P Harley, R Harris, A Millward, D Perks and D Vickers

Officers:

A Lunt (Strategic Director Place) and K Jesson (Strategic Human Resources Business Partner)

13 Apologies for Absence

Apologies for absence were received on behalf of Councillors H Bills and J Foster.

14 Appointment of Substitute Member

Councillor K Ahmed was serving in place of Councillor J Foster for this meeting of the Committee.

15 Declarations of Interest

No declarations of interest, in accordance with the Members’ Code of Conduct, were received in respect of any matters to be considered at this meeting.

16 Minutes

Resolved

That the minutes of the meeting held on 1st September, 2016 be approved as a correct record and signed.

APP/5

93

17 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972.

18 Chief Officer Appointment – Regeneration and Enterprise

The Committee interviewed the short-listed candidates for the post of Chief Officer Regeneration and Enterprise.

Resolved

That, subject to any necessary pre-employment checks, Helen Martin be appointed to the post of Chief Officer Regeneration and Enterprise on the terms, conditions, allowances and salary applicable to the post, with effect from a date to be agreed.

The meeting ended at 4.10 p.m.

CHAIR

APP/6

94 Minutes of the Children’s Corporate Parenting Board

Tuesday 27th September, 2016 at 4.00 pm In Committee Room 3 at the Council House, Priory Road, Dudley

Present:

Councillor I Cooper (Chair) Councillors P Bradley, N Barlow, I Cooper, R Harris, P Miller, N Richards, D Vickers.

Officers:

N Burrows – Dudley Council for Voluntary Service, H Ellis – Head of Family Solutions, J Forbes – Strategy Manager (Housing and Support People), S George – Black Country Foundation Trust (LAC Nurse), A Grove – Head of Youth Service, B Kaur – Consultant (Public Health), M McFadden – CPB Co- ordinator, S Ochi – Education Support Officer, I Payne – Head of Looked after Children, J Smith – Head of Virtual School, D Stringfellow – Interim Chief Social Worker and H Shepherd – Democratic Services Officer.

27 Introductions by the Chair

The Chair welcomed everyone to the meeting and all in attendance introduced themselves.

28 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors S Anderton, S Waltho; J Ahmed, S Edwards and A Webb.

29 Minutes

Resolved

That the minutes of the meeting held on 22nd August, 2016, be approved as a correct record.

30 Matters Arising and Action Tracker

The Board reviewed the action tracker and updates were provided by Officers where necessary.

The Board agreed that the action tracker was a useful tool for reference and requested that it be included on the agenda as a standard item for all future meetings.

CCPB/23 95

31 Change in order of business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That agenda item No. 8 – Children Services Improvement Plan, be considered as the next item of business followed by the remainder of agenda items.

32 Children Services Improvement Plan

A briefing note, together with a copy of the Children’s Services Improvement Plan was submitted for consideration and for the content of the Plan to be noted.

The Interim Chief Social Worker presented the report and provided the Board with a brief overview and background to the development of the Children’s Services Improvement plan, making particular reference to page 42 of the plan identifying the statutory service delivery areas that required scrutiny and where key risks had been identified.

The Chair commented that this was a working document to define the future of Dudley’s children services and once embedded he was confident it would be an overall enhanced service.

The Head of Looked after Children clarified that the actions specific to Children’s Corporate Parenting Board were identified from page 32 onwards and indicated that some of the actions listed overlapped with work that was currently undertaken, but the plan would ensure that a consistent approach was applied and would be regularly monitored to ensure that services were moving in a positive direction.

Arising from a question raised, the Interim Chief Social Worker stated that the improvement plan was structured into four areas as defined by Ofsted and each area was ‘sponsored’ by either a Senior Lead Officer from Children’s Services, a representative from the Clinical Commissioning Group, a Police representative or the Local Safeguarding Board Chair.

In response to a further question raised, it was confirmed that the Improvement plan was a public document and published on the Committee Management Information System and the Children’s Services website and that the Interim Chief Social Worker would be happy to communicate with young people to provide relevant feedback.

Resolved

That the Children Services Improvement Plan be noted.

CCPB/24 96

33 Virtual School – Initial Report on Education Outcomes for 2016

A report of the Head of Virtual School was submitted to provide the Board with the initial education outcomes for 2016.

In presenting the report the Head of Virtual Schools confirmed that the figures presented were not definitive and as previously discussed the definitive figures would be submitted to a future meeting of the Board. It was also commented that there had been significant changes to how key stages 1 and 2 were assessed during 2016 and therefore it would be difficult to compare the 2016 figures with previous years.

The Head of Virtual School highlighted the attainment levels for looked after children in Dudley schools in years 2, 6 and 11 cohorts and referred to the comparison attainment levels between Dudley’s looked after children with Dudley’s non-looked after children and National non-looked after children.

In summarising the overall achievements, the Head of Virtual Schools believed that improvements in attainment levels had been achieved, however it was considered that work needed to continue to alleviate gaps between the different cohorts.

Arising from a question raised with regards to why key stage 1 was achieving higher attainment levels than those children in key stage 2, the Head of Virtual School felt that the new assessment arrangement had impacted upon some of the attainment levels and that due to the changes it was difficult to compare the figures with previous years.

In response to a further question raised with regards to the decline in the number of looked after children placed in Dudley schools achieving GCSE’s grade *A-C results, the Head of Virtual School stated that it was difficult to pin point an exact reason, however Members were advised that each looked after child had different needs and issues which impacted upon their education and ability to learn which made it difficult to compare figures with previous years.

A Member suggested whether it was possible for attainment levels for children that have special guardianship orders to be included in future reports, however, the Head of Virtual School and the Head of Looked after Children both felt that it would be difficult to collate this information, as well as having to ascertain approval from the guardians and individual schools to share the information. However, it was considered that a breakdown identifying attainment levels at individual schools where looked after children attend could be included in future reports.

Following discussions, the Head of Virtual School commented that the e-PEP system would provide an improved analysis tool and would enable Schools to be challenged by the Virtual School if an e-PEP was not completed or a looked after child was not achieving an acceptable level of attainment.

CCPB/25 97 An increase in the number of children and young people suffering with social, emotional and mental health issues was referred to and it was commented that teaching staff did not feel that they were adequately trained or had the appropriate skills to deal with affected children and therefore a project and toolkit had been introduced to help support and improve teaching skills and approaches for dealing with children affected by social, emotional and mental health issues. It was stated that five schools were currently participating in the project and feedback provided by those involved had been positive. It was hoped that the project would be rolled out to all schools in the new year.

The Head of Virtual School then referred to a case study of a looked after young person’s life and the impact that incidents had had on her learning and education, so that the Board could put into perspective the type of issues that looked after children are affected by and how it was difficult to compare attainment levels without taking into account a young person’s circumstances.

Resolved

(1) That the information contained in the report in relation to education outcomes for 2016, be noted.

(2) That, a further report with definitive education outcome figures and a breakdown of attainment levels at individual schools, be submitted to the Board in March 2017.

34 Demonstration of the e-PEP System

A demonstration of the new e-PEP system, highlighting some of the key online features was presented to the Board by the Education Support Officer.

It was commented that the new online system was available to schools within the borough, as well as to those schools outside the borough that accommodate Dudley children and that the system was an efficient mechanism for recording looked after children’s progress and attainment levels and would be a rich source of key data as the system progressed.

It was confirmed that the system was secure and professional bodies would only be given access to individual cases that they were involved in.

Arising from a question raised, the Head of Virtual School confirmed that the online e-PEP system was not unique to Dudley and was successfully being used across the country and that three new PEP Co-ordinators had been employed to help embed the system and to undertake progress visits. It was commented that the system currently only accommodated young people up to Year 11, but future plans were to develop the system to incorporate a facility for care leavers.

Resolved

CCPB/26 98 That, the demonstration on the e-PEP system be noted.

35 Voice of the Child

Dudley Council for Voluntary Services gave a detailed presentation on the Voice of the Child initiative, a copy of the presentation slides had been circulated to Board members prior to the meeting.

She outlined the vision of the initiative; the expected outcomes from implementation; the background, aims and brief behind the establishment of the model. In referring to the model it was commented that Children’s Corporate Parenting Board should also be incorporated into the strand as it was essential that all groups and organisations that engage with children and young people should be involved to reduce inefficiencies and duplications.

It was stated that a secure online community space, namely Dudley I Zone, had been developed, in conjunction with young people, which was simple for all sectors to understand and access and encouraged a ‘one stop shop’ approach. Work had been undertaken to ensure that the online space was easily accessible within three clicks and would be hosted by PSIAMS and funded by the Clinical Commissioning Group. It was anticipated that the online platform would be live by Christmas 2016.

Dudley Council for Voluntary Service then referred to Chatterbox, which was an online function for stakeholders involved in Children and Young People’s work to share information and support mechanisms. It was stated that stakeholders were able to post questions and upload information to the site to alleviate future consultation duplications.

It was stated that funding had been secured from the CAMHS transformation fund to develop a wiki, similar to the e-PEP, to bring looked after children to a level playing field with non-looked after children and to enable young people and their families to share information and express their views in a safe way. A pilot wiki would be conducted during November 2016 to April 2017 and it was requested by the Board that a report incorporating the outcomes from the pilot be submitted to the Children’s Corporate Parenting Board meeting in May 2017.

Board Members commented positively on the progress made with the Voice of a Child model and requested that the Corporate Parenting pledge and the Corporate Parenting Strategy be uploaded to chatterbox for stakeholders and partners to comment and for these to be discussed at the next meeting of Children’s Corporate Parenting.

Resolved

(1) That the presentation on the Voice of the Child, be noted.

(2) A report incorporating the outcomes from the wiki pilot be submitted to the Board in May 2017.

CCPB/27 99 (3) That the Corporate Parenting Pledge and the Corporate Parenting Strategy be uploaded to Chatterbox for comments and that feedback be provided at the next meeting of the Children’s Corporate Parenting Board.

36 Children in Care Council

The Head of Youth Service provided the Board with a progress update in relation to activities undertaken by the Children in Care Council (CICC) since the last meeting of the Children’s Corporate Parenting Board.

It was stated that all Board members should now have received their invitation to the celebration event that was scheduled to take on 27th October, 2016, and final numbers were to be confirmed. It was commented that doors would open from 6pm for a 6.30pm start and the night would consist of a hot food buffet, live entertainment, DJ and a photo booth. It was also commented that Board Members may be approached to present some of the awards.

In referring to the awards it was confirmed that all shortlisting and winners had been identified and in instances where members of the CiCC had a conflict of interest with any of the nominations, members of the Dudley Youth Council had completed the task on their behalf. It was stated that for two of the categories it was considered that two of the nominations were worthy of being winners, with two awards being presented. It was further stated that Dudley Council Voluntary Service had provided trophies to be presented on the evening and Andy Webb had arranged for a prize for all successful nominees.

Dudley Council Voluntary Services expressed their thanks to Elected Members for the approval of a number of Love your Local Community - Community Forum Funding grant applications that had been submitted and considered at the recent cycle of Community Forums.

In considering the arrangements for the Celebration event, Elected Members requested that they be seated with the young people and it was suggested that they serve and wait upon the young people on their table.

Resolved

That the information contained in the briefing note and presented at the meeting, be noted.

37 Work Programme

The Head of Youth Service requested that the agenda item in relation to the Children in Care Council – Review of the Celebration Event be included on the agenda and considered at approximately 5.30pm to enable young people to attend to present their evaluation of the celebration event.

CCPB/28 100 Resolved

(1) That the information be noted.

(2) That the agenda item in relation to the Children in Care Council – Review of the Celebration Event be scheduled for 5.30pm to enable young people to attend the meeting.

38 Dates of Future Meetings

Resolved

Noted.

The meeting ended at 6.10pm.

CHAIR

CCPB/29 101 Minutes of the Children’s Corporate Parenting Board

Tuesday 8th November, 2016 at 4.00 pm In Conference Room, Room 1, Ground Floor, 3-5 St James’s Road, Dudley

Present:

Councillor I Cooper (Chair) Councillors P Bradley, N Barlow, I Cooper, R Harris, P Miller, N Richards, D Vickers.

Officers:

J Ahmed – Foster Care Representative, S Butcher – Chief Officer Children’s Services, J Edwards – Programme Manager Healthy Schools Public Health, S Edwards – Lead for Education Outcomes, H Ellis – Head of Family Solutions, S George – Black Country Foundation Trust (LAC Nurse), I Gill- Johal – Assistant Team Manager (Adoption Support and SGO Lead) , C Gordon – Fostering Service Manager, A Grove – Head of Youth Service, M McFadden – CPB Co-ordinator, I Payne – Head of Looked after Children, J Smith – Head of Virtual School, A Webb - Interim Head of Sport & Leisure and H Shepherd – Democratic Services Officer.

Also in attendance for minute no. 49 only:

M Fincher – Young Persons Advisor, D Foley – Officer for Youth Empowerment, Leighton, Shanika, Amy and Jasmine – Children in Care Council representative.

39 Introductions by the Chair

The Chair welcomed everyone to the meeting and all in attendance introduced themselves.

40 Appointment of Vice-Chair

The Board were informed that Councillor S Anderton, former Vice-Chair, would no longer be a representative on the Board and Councillor P Bradley had been appointed as her replacement.

Resolved

That, Councillor P Miller be elected Vice-Chair of the Board for the 2016/17 municipal year.

CCPB/30 102

41 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillor R Harris; S Brooks, N Burrows, J Forbes, B Kaur and D Patel.

42 Minutes

In referring to minute no. 34 – Demonstration of the e-PEP System, it was requested that the concluding paragraph be amended as follows:-

“Arising from a question raised, the Head of Virtual School confirmed that the online e-PEP system was not unique to Dudley and was successfully being used across the country and that three new PEP Co-ordinators would be appointed to help embed the system and to undertake progress visits. It was commented that the system currently only accommodated young people up to Year 11, but future plans were to develop the system to incorporate a facility for care leavers.”

Resolved

That, subject to the amendment above, the minutes of the meeting held on 27th September, 2016, be approved as a correct record.

43 Matters Arising and Action Tracker

In referring to minute no. 36 and agenda item no. 12, Board Members commented positively on the celebration award evening that was held on 27th October, 2016 and expressed their gratitude to the Children in Care Council members for organising an exceptional evening.

The Board reviewed the action tracker and updates were provided by Officers where necessary.

The Chief Officer Children’s Services suggested and it was agreed that the acronym LAC (looked after children) be replaced with an alternative acronym either CIC (children in care) or CLA (children looked after), as this was preferred by the children themselves.

It was requested that the Action Tracker continued to be projected on screen, as well as the relevant colour indicated in each action box, so that the traffic light colours were easily identifiable to Board Members.

Resolved

Noted.

CCPB/31 103

44 Voice of the Child

A briefing note on behalf of the Dudley Council for Voluntary Services Representative, identifying key areas of development in relation to the Voice of the Child initiative, was submitted for information only.

Resolved

Noted.

45 Visiting Schedule

The Head of Looked after Children presented the Member Visits Schedule, a copy of which had been circulated to Board Members and to the 72 elected Councillors previously. Elected Members were encouraged to attend the visits to help develop an understanding of the work and scope of Children’s Services. Elected Members were advised to contact Democratic Services to book a slot on their preferred visit.

The Chair reminded Members of the importance of providing feedback following a site visit and to return the Members Visit Feedback forms direct to Democratic Services.

The Chair requested that an A3 paper copy of the Members Schedule be made available in the Members Room at the Council House for elected Members perusal and for a further email to be sent to all 72 elected Members encouraging them to attend the scheduled visits.

Resolved

(1) Noted.

(2) An A3 paper copy of the Members Schedule to be made available to elected Members in the Members Room at the Council House and a further email sent to all 72 elected Members encouraging them to attend the scheduled visits.

46 Performance data and Virtual School Update

A performance report for the period April, 2016 to September, 2016 was submitted and presented by the Head of Looked after Children.

CCPB/32 104 In presenting the report, reference was made to the percentage of initial health assessments that were conducted on time, which remained consistently lower than the required performance indicator target. The Black Country Foundation Trust (LAC Nurse) considered the delay in notification notice had impacted upon performance figures, however, the Head of Looked after Children confirmed that changes would be made in the process to alleviate this issue and this would be evident in the performance figures presented in February, 2017.

In response to a question raised by the Chair in relation to the reason why the number of looked after children target was set at 700, the Chief Officer Children’s Services stated that this was an arbitrary figure and that a realistic review, taking into account the demand for the service, was required. It was stated that it may be useful for a report to be submitted to the Board in relation to the model moving forward in the New Year.

In referring to the percentage of care leavers that were not in education, employment or training, the Head of Looked After Children commented that attainment levels were currently below target, which was not uncommon at this time of year, due to young people being undecided as to how they wished to progress their future after receiving their exam results. It was also considered that staff reductions within Talent Match could have impacted negatively upon the figures. Reference was also made to the Impact Project, which targeted young people between the ages 16 to 29, to help remove barriers to work and training and it was hoped that this new initiative would achieve positive outcomes. The Chair requested that a presentation on the Impact Project be presented to the Board in the New Year.

With reference to the PEP indicators, it was commented that the attainment figures appear to be below target, but that this was due to the Schools being closed during the Summer break. It was stated that improved reporting mechanisms were being explored so that data was only recorded in relation to school days and not calendar days.

In responding to comments made by Members in relation to the meaning and relevance of ‘statutory neighbours’, the Chief Officer Children’s Services stated that these were the Authorities that Dudley were most statistically comparable with ie similar demographics, population and deprivation comparisons, but it was considered that these needed to be reviewed as some of the Authorities referred to were large county councils that may operate slightly different.

(1) Noted.

(2) That a review of the target figure in relation to the number of looked after children be reviewed and a report on the model moving forward be presented to the Board in February 2017.

(3) A presentation on the Impact Project be presented to the Board in February, 2017.

CCPB/33 105

47 Fostering Annual Report

A report of the Fostering Services Manager was submitted on the operation of the Fostering Services and the work of the Fostering Panel during 2015/2016.

The Fostering Services Manager presented the report in detail, making reference to paragraphs of particular importance and outlined the ongoing challenges faced by the Fostering Services and the actions planned for 2016/2017. Board Members were advised that a Foster Carer Christmas event had been arranged for Wednesday 30th November at 12.30pm at Brierley Hill Civic Hall, which would be the first event held in a long time for Dudley’s foster carers and it was hoped that further events would be held in the future.

Following the presentation of the report, the Foster Care Representative commended the Officers and the Support Team for the excellent work that they did. In referring to one of the actions planned for 2016/17 ‘develop activities to capture the ‘voice of a child’ more effectively’ the Foster Care Representative suggested that the foster carers voice also needed to be captured. The Fostering Services Manager agreed with the comments made and advised that consideration was being given to establishing a forum so that foster carers could be encouraged to discuss issues and provide feedback.

The Fostering Services Manager expressed the need for consideration to be given to increasing the fees paid to Dudley foster carers to become more competitive with private organisations and to ensure that current Carers remained loyal to Dudley. The Chief Officer Children’s Services agreed that this was a valid point and should be taken into consideration when reviewing the whole model going forward, but reminded everyone of the current financial situation that Dudley faced. It was commented that the Strategic Director People would be meeting with Foster Carers on 14th November, 2016.

A Member commended Officers on the positive and informative report submitted and for the dedicated and passionate presentation provided by the Fostering Service Manager. Support was expressed for future events to be organised acknowledging and thanking Dudley’s Foster Carers for the excellent work that they did.

Members expressed concern in relation to the lack of IT systems available to the service and the detrimental impact it had on the service. The Head of Looked After Children confirmed that progress was being made in finding an IT system that was fit for purpose as the current system was not adaptable to the service requirements and best practise authorities would be visited.

CCPB/34 106 Resolved

Noted.

48 Adoption Annual Report

A report of the Assistant Team Manager (Adoption Support and SGO Lead) was submitted to provide a summary of the service activity and delivery for the period April, 2015 to March, 2016.

The Assistant Team Manager (Adoption Support and SGO Lead) presented the report in detail and highlighted the successes and challenges that the adoption service had addressed during the review period.

Following the presentation of the report and in response to questions raised by Members, the Assistant Team Manager (Adoption Support and SGO Lead) commented that improvements to the ‘Letterbox’ service were being considered, but that young people would not be forced into writing letters, particularly at emotional times such as Birthdays and Christmas time and that the service was also available for foster carers, supported and reviewed by the child’s Social Worker.

In response to a further question raised by the Chair, the Assistant Team Manager (Adoption Support and SGO Lead) stated that the Adoption Service faced similar ICT issues as the Fostering Service, but that there was a dedicated Marketing Officer, funded by the Black Country Consortium, to focus on the promotion of the adoption service.

The Chief Officer Children’s Services advised the Board that there were proposed changes to the statutory requirements in relation to adoption services and it was suggested that a report on the changes be reported to the Board in the New Year.

Resolved

(1) Noted.

(2) A report on the forthcoming changes to the statutory requirements in delivering adoption services to be presented in February, 2017.

49 Children in Care Council – Review of the celebration event

Five members of the Children in Care Council were in attendance at the meeting to provide feedback from the recent Children in Care and Care Leavers Awards Evening that was held on 27th October, 2016.

CCPB/35 107 The young people in attendance highlighted what they considered to have been a success on the evening; what they felt could have been better; ideas and lessons learnt for next time; commented on the food, venue and decorations and made suggestions as to what could be done in the future to ensure more people were involved.

The Head of Looked After Children welcomed and agreed with the comments made. All Board Members that attended the Awards Evening commented positively on the success of the evening and on how the young people conducted themselves. Board Members expressed their gratitude to the young people for organising an exceptional and professional evening.

The Foster Care Representative commented that letters to the Foster Carers had not been received and therefore had not had opportunity to make any nominations and suggested that communication was improved for future events.

It was stated that the young people had been invited to Wolverhampton City Council’s similar event in March, 2017, and that a planning group for a future event would begin in January, 2017.

Resolved

Noted.

50 Work Programme

It was requested that a report in relation to Youth Offending Service Case Studies be submitted to the next meeting of the Board.

Resolved

That, subject to the inclusion of the above item, the Work Programme be noted.

51 Dates of Future Meetings

Resolved

Noted.

52 Comments made by the Chair

It was noted that Members consented to Paul Watling, Cabinet Member for Children, Young People and Communities at Telford and Wrekin Council to attend as an observer at a future meeting of the Board.

The meeting ended at 6.10pm. CHAIR CCPB/36 108 Minutes of the Development Control Committee

Monday 17th October, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:-

Councillor K Casey (Vice-Chair in the Chair) Councillor A Ahmed, P Bradley, B Cotterill, A Goddard, S Ridney, D Stanley and D Vickers.

Officers:-

T Glews – Public Protection Manager, J Hindley – Highways Officer, I Hunt – Project Engineer, H Martin – Head of Planning & Development, J North – Senior Planning Officer, P Reed – Principal Planning Officer (All Place Directorate); G Breakwell – Solicitor and H Shepherd – Democratic Services Officer (Chief Executive’s Directorate).

28 Apologies for absence

Apologies for absence from the meeting were submitted on behalf of Councillors J Cowell and T Westwood.

29 Appointment of Substitute Member

It was noted that Councillor D Stanley had been appointed as a substitute member for Councillor T Westwood, for this meeting of the Committee only.

30 Declarations of Interest

Councillor P Bradley declared a non-pecuniary interest in relation to agenda item no. 6 – Planning Application P16/0907 – Hare & Hounds PH, Wynall Lane, Wollescote – Demolition of existing outbuildings. Erection of convenience store (A1) with ATM machine, car parking with new access, cycle storage and plant and bin storage area. Single storey side/rear extension and external alterations to public house, as the landlord of the public house was an acquaintance. Councillor P Bradley stated that he would withdraw from the meeting when this application was considered.

31 Minutes

Resolved

That the minutes of the meeting held on 19th September, 2016, be approved as a correct record and signed. DC/40

109

32 Site Visit

Consideration was given to the following planning application, in respect of which Members of the Committee had undertaken a site visit on Saturday 15th October, 2016.

Resolved

Application No Location/Proposal Decision

P15/1306 King Edward VI Sports Refused for the reasons set out Ground, Swinford Road, below:- Oldswinford – Creation of car park facility to serve The proposed car park would King Edward VI Sports be located adjacent to the rear Ground with formation of garden boundaries to adjoining access off Oakleigh residential dwellings. It is Road/Love Lane. considered that the car park would cause noise and disturbance to neighbours through the manoeuvring of vehicles and activity associated with the car park and as such would be harmful to amenity. Therefore, the proposed development is considered to be contrary to Saved Dudley Unitary Development Policy DD4.

The proposed development has the potential to lead to the overspill parking of vehicles on the adjacent highway which may cause congestion and detriment to the free flow of traffic and highway safety contrary to saved Dudley Unitary Development Policy DD4 and Policy TRAN2 of the Black Country Core Strategy.

DC/41

110

33 Plans and Applications to Develop

A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.

The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-

Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak

P16/0675 Councillor J Foster – Mrs C Ferguson Objector

Mr L Hardy – Objector

P16/0907 Councillor R Body – Mr T Hallett Objector

P16/0993 Mrs S Dawson – Objector

P16/1039 Councillor S Phipps – Ms R Bains Objector

P16/1125 Councillor D Sparks – Mr A Homer Objector

Resolved

Application No Location/Proposal Decision

P16/0675 Land at School Street, Refused for the reasons set out Pensnett – Erection of 5 below:- no. Dwellings. The proposed scheme of 5 no. dwellings within an area of existing open space would result in an overdevelopment of the site, detrimental to the character of the local area contrary to Saved Policies DD1 and DD4 of the Dudley UDP (2005).

DC/42

111 In considering the above application, Members took into account all comments made at the meeting and raised concerns in relation to the over development and lack of green space in the area and the amenity space allocated for each property which was confirmed as being slightly less than the required standard but consistent with existing houses in Church Street and Bell Street. It was acknowledged that a lot of work had been undertaken by the applicant, in conjunction with the Planning Department, to ensure that the proposed development was not out of character with the surrounding area.

In clarifying a comment made by one of the speakers, it was confirmed that when an applicant was acquiring a piece of land from the Council, it was usual practise for local Ward Councillors to be consulted and informed of possible usages for the land. It was stated that in this instance, local Ward Councillors had been engaged in the process and no adverse comments had been received.

P16/1125 46-47 High Street, Quarry Refused for the reason set out Bank, Brierley Hill - below:- Change of use from Retail (A1) to Restaurant (A3) The proposed use will be with extraction flue to side detrimental to the amenities of elevation, new bin and residents of dwellings in close cycle store. proximity to the site due to noise disturbance from the use and potential impacts from extract equipment and exhaust fumes emitted contrary to saved Policies DD4 and EP7 of the adopted Dudley UDP.

In considering the above application, Members took into account all of the comments raised at the meeting and expressed concerns with regards to the influx of eateries within the High Street and the detrimental impact that these provisions had on residents that live above the premises or within close proximity. Planning Officers provided clarification with regards to Policy CR4 Protected Frontages and confirmed that this proposal complied with the policy as ‘no bunching’ referred to non-retail units located adjacent to each other and not units located opposite.

(At this juncture, Councillor P Bradley withdrew from the meeting.)

DC/43

112 P16/0907 Hare & Hounds P.H. Approved, subject to:- ,Wynall Lane, Wollescote, Stourbridge –Demolition of (a) The applicant entering into a existing outbuildings. Section 106 Obligation for Erection of convenience the payment of a commuted store (A1) with ATM sum for the provision of a machine, car parking with pedestrian crossing to new access, cycle storage Brook Holloway and Traffic and plant and bin storage Regulation Order for the area. Single storey prohibition of parking side/rear extension and outside the application site external alterations to on Wynall Lane. public house. (b) Conditions numbered 1, 3 to 5, 7 to 19 (inclusive), as set out in the report submitted and revised conditions numbered 2 and 6 as set out below:-

2. The development hereby permitted shall be carried out in accordance with the following plans and amended plans: 16177 RF24- 0301, 0302 rev P03, 0303 rev P02, 0304, 0306 rev P01, 0307, 0310, 0311, 0312, 0313, 0300, 14015- RF24-010 rev H, RF24- 6100, HRHDTR-APR14 and HRHDTRP-APR14. 6. The rating level of sound emitted from any fixed plant and/or machinery associated with the loading and unloading operations at the use hereby approved shall not exceed background sound levels by more than 5dB(A) between the hours of 0700-2300 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 2300-0700 (taken as a 15 minute LA90 at the nearest/any sound sensitive premises). DC/44

113 All measurements shall be made in accordance with the methodology of BS4142 (2014) (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments. Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deprivation from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

In considering the above application, Members took into account all the comments made at the meeting and concurred with the highway issues raised in relation to the Wynall Lane, Brook Holloway, Careless Green and Oldnall Road cross road junction and the proposed reposition of the bus stop, but were satisfied that an extensive highway assessment had been conducted to alleviate some of the concerns.

P16/0993 Lapal Primary School, Approved, subject to conditions Priory Road, Halesowen – numbered 1 to 3 (inclusive), as set Demolition of existing out in the report submitted. nursery and outbuildings and erection of single storey extension.

In considering the above application, Members took into account all the comments made at the meeting, in particular with regard to the parking and access difficulties experienced by the residents of Manor Lane. Planning Officers were requested to contact Lapal Primary to enquire if consideration would be given to the closure of the pedestrian footpath gate at the beginning and end of each School day to ease the parking issues in the service road on Manor Lane.

P16/1039 Lidl Supermarket, Hagley Approved, subject to conditions Road, Halesowen – numbered 1 to 12 (inclusive), as Demolition of Halesowen set out in the report submitted. Members Club and extension of car park (Resubmission of P15/1623).

DC/45

114 In considering the above application, Members were mindful of the concerns raised by the local Ward Councillor and residents in relation to existing traffic congestion and issues in Hagley Road, but also acknowledged the difficult financial situation that the Members Club was experiencing and considered it to be sensible to dispose of the property now, rather than let it diminish over time.

P15/1626 Land off Tipton Road, Approved, subject to conditions Dudley - Erection of an numbered 1 to 36 (inclusive) as set Innovation Centre for the out in the report submitted, and design and construction of additional conditions as set out lightweight rail vehicles below:- including research and development laboratories 37. The rating level of sound (B1B), general emitted from any fixed plant manufacturing (B2), and/or machinery conference facilities (D2), associated with the teaching and training development and industrial facilities (D1), associated activities at the use hereby cafe/restaurant and approved and loading and infrastructure (access to be unloading operations considered). associated with the approved development, shall not exceed background sound levels by more than 5dB(A) between the hours of 0700-2300 at the nearest/any sound sensitive premises and shall not exceed the background sound level between 2300- 0700 at the nearest/any sound sensitive premises. All measurements shall be made in accordance with the methodology of BS4142 (2014) (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments. Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property.

DC/46

115 Any deprivations from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

38. Prior to first occupation the approved buildings for B2 use shall be constructed to provide sound attenuation against internally generated noise of not less than 35 dB averaged over the frequency range of 100- 3150Hz. The approved works shall be retained for the life of the development unless agreed in writing with the Local Planning Authority.

39. No external sound amplification equipment shall be used on the site throughout the life of the development.

40. Prior to the commencement of development, a scheme containing the details of arrangements for air extraction from internal operations likely to emit grit, dust, odour and fumes, for the control and discharge of grit dust, odour and fumes to atmosphere, including any external ducting and flues, shall be submitted to and approved in writing by the Local Planning Authority. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced and operated at all times when the process served is in use.

DC/47

116 The equipment shall thereafter be maintained in accordance with the manufacturer’s equipment specifications throughout the life of the development.

41. Prior to the commencement of development a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from cooking operations, including any external ducting and flues, shall be submitted to and approved in writing by the Local Planning Authority. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer’s instructions and operated at all times when cooking is being carried out unless otherwise agreed beforehand in writing with the Local Planning Authority.

42. The development hereby approved shall not be first occupied until a parking and serving management plans have been submitted to and approved in writing by the Local Planning Authority. The parking and serving arrangements shall, thereafter be managed in accordance with the approved details for the life of the development.

DC/48

117 43. No development shall be commenced (excluding demolition, site clearance and initial ground investigation works) until details of the proposed retaining structures, including sections and calculations to prove the structure is capable of supporting likely future loadings have been submitted to and approved in writing by the Local Planning Authority. No part of the development shall thereafter be occupied until the retaining structure has been provided in accordance with the approved details.

P16/0430 Shop adjacent The Approved, subject to:- Meadow Lark, Dibdale Road, Dudley - First floor (a) Confirmation from the Coal extension above existing Authority that the retail unit and two storey information contained within rear extension to create 8 the Coal Mining Risk No. flats. Assessment is acceptable.

(b) Conditions numbered 1 to 6 (inclusive), as set out in the report submitted, and additional condition as set out below:-

7. Development shall not begin until a scheme for protecting residents in the proposed flats in the rear three storey extension from noise from fixed plant and equipment associated with the operation of the ground floor retail use and loading and unloading operations associated with the existing ground floor retail use has been submitted to and approved in writing by the Local Planning Authority.

DC/49

118 All works which form part of the approved scheme shall be completed before occupation of the permitted flats, unless otherwise agreed in writing by the Local Planning Authority. The protection measures in the agreed scheme shall be maintained throughout the life of the development in order to safeguard the amenities of the occupier[s] of the proposed dwelling[s] and to comply with Saved UDP Policy EP7.

34 Adoption of the Black Country Air Quality Supplementary Planning Document (SPD)

A report of the Strategic Director Place was submitted on the adoption of the Black Country Air Quality SPD, as approved by Cabinet on 21st September, 2016.

Resolved

That the adoption of the Black Country Air Quality SPD, as approved by Cabinet at its meeting on 21st September, 2016, be noted.

35 Approval for Public Consultation on the Review of the Car Parking Standards Supplementary Planning Document (SPD)

A report of the Strategic Director Place was submitted on the Car Parking Standards SPD which would be used as a basis for public consultation commencing on Friday 23rd September, 2016, for a period of six weeks, as approved by Cabinet on 21st September, 2016.

Resolved

That the review of the Car Parking SPD to be used as a basis for public consultation commencing Friday 23rd September, 2016, for a period of six weeks, as approved by Cabinet at its meeting on 21st September, 2016, be noted.

DC/50

119 36 Approval for adoption of the Nature Conservation Supplementary Planning Document (SPD)

A report of the Strategic Director Place was submitted on the adoption of the revisions to the Council’s current Nature Conservation SPD, as approved by Cabinet at its meeting on 21st September, 2016.

Resolved

That the adoption of the revisions to the Council’s current Nature Conservation SPD, as approved by Cabinet at its meeting on 21st September, 2016, be noted.

37 Notification of the approval for Public Consultation on the Draft Statement of Community Involvement (SCI)

A report of the Strategic Director Place was submitted on the draft Statement of Community Involvement (SCI) which would be used as a basis for public consultation commencing 30th September, 2016, for a period of eight weeks, as approved by Cabinet at its meeting on 21st September, 2016.

Resolved

That the draft Statement of Community Involvement (SCI) to be used as a basis for public consultation commencing on Friday 30th September, 2016, for a period of eight weeks, as approved by Cabinet at its meeting on 21st September, 2016, be noted.

The meeting ended at 8.40 pm.

CHAIR

DC/51

120 Minutes of the Development Control Committee

Monday 8th November, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:-

Councillor K Casey (Vice-Chair in the Chair) Councillors A Ahmed, P Bradley, A Goddard, C Perks, S Ridney, D Stanley and D Vickers.

Officers:-

T Glews – Public Protection Manager, I Hunt – Project Engineer, C Mellor – Interim Planning Manager (Development Management), P Reed – Principal Planning Officer, H Yorke – Principal Planning Officer (Place Directorate); G Breakwell – Solicitor and L Jury– Democratic Services Officer (Chief Executive’s Directorate)

38 Apologies for absence

Apologies for absence from the meeting were submitted on behalf of Councillors B Cotterill and T Westwood.

39 Appointment of Substitute Members

It was noted that Councillor C Perks had been appointed as a substitute member for Councillor B Cotterill and Councillor D Stanley had been appointed as a substitute member for Councillor T Westwood for this meeting of the Committee only.

40 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

41 Minutes

Resolved

That the minutes of the meeting held on 17th October, 2016, be approved as a correct record and signed.

DC/52

121

42 Plans and Applications to Develop

A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.

The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-

Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak

P16/0331 Councillor J Foster – Supporter

P16/0465 Councillor J Foster – Ms L Wilkinson commenting

Mr A Patrick-Smith – Objector

Resolved

Application No Location/Proposal Decision

DC/53

122 P16/0331 Commercial Inn (Derelict), Approved, subject to:- Bromley, Pensnett, Brierley Hill – Demolition (a) The applicant be invited to of existing public house make an application to the and erection of 9 No. Secretary of State, under apartments with Sec. 247 of the Town and associated car parking. Country Planning Act 1990 (as amended) to close a section of the highway as shown on drawing number D021 DH to enable development authorised by planning permission to take place. The full costs and works shall be met by the developer.

(b) Conditions numbered 1, to 7 and 9 to 13 (inclusive) as set out in the report submitted and revised condition numbered 8 and an additional highways condition and an amended informative as set out below:-

8. No part of the development shall be occupied until visibility splays have been provided with an ‘x’ set back distance of 2.4 metres and a ‘y’ distance of 59 metres from Mullet Drive onto Bromley Lane. No structure of vegetation exceeding 600mm in height above the adjoining highway shall be placed or allowed to grow within the visibility splay for the life of the development unless otherwise agreed in writing by the Local Planning Authority.

DC/54

123 Additional highway condition:

No development shall commence (excluding demolition, site clearance and initial ground works) until details of the Highways Works showing the radius Improvement has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the agreed Highway Works have been completed in accordance with the approved details.

(c) NOTE TO APPLICANT. The developer is invited to make an application to the Secretary of State to close up that section of Mullett Drive shown on drawing number D021 DH under S247 of the Town and Country Planning Act 1990 to allow development authorised by planning permission to take place. The developer is advised to consult with all statutory undertakers prior to any application to the Secretary of State as these bodies are statutory consultees to any highway stopping up orders.

P16/0465 Vacant land site of Ibstock Deferred for a site visit. Brick Ltd at Stourbridge Works, Tansey Green Road, Pensnett – Outline application for residential development (Access to be considered)

DC/55

124 In considering the above decision, Members took into account the concerns expressed by Ward Members and the Objector and concurred with the concerns raised in relation to residential developments being sited too close to industrial estates/units and the potential for future noise pollution complaints and raised concerns at the number of industries that were then unable to continue with their business or relocating and the loss of business to the Borough. Therefore, a site visit was agreed to ascertain the distance of the proposed development to nearby industrial units.

P16/1096 6 Toys Lane, Cradley, Approved, subject to conditions Halesowen – Remedial numbered 1 to 3 (inclusive), as set works to existing out in the report submitted. outbuildings rear boundary retaining wall.

P16/1231 Ivy House, 35 Ivyhouse Approved, subject to conditions Lane, Coseley, Bilston – numbered 1, 3 to 4 (inclusive), as Erection of single storey set out in the report submitted and detached outbuilding (Part amended condition numbered 2 as retrospective) follows:

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Drg Nos. 000 and 002 Rev A.

43 Approval for public consultation of the revised Dudley Community Infrastructure Levy (CIL) Regulation 123 List

A report of the Strategic Director Place was submitted informing the Committee of the draft revised CIL Regulation 123 List which would be used as a basis for public consultation commencing on 28th October 2016 for a period of six weeks, as approved by Cabinet on 26th October 2016.

Resolved

That, the draft revised CIL Regulation 123 List, to be used as a basis for public consultation commencing on 28th October, 2016 for a period of six weeks, as approved by Cabinet at its meeting on 26th October, 2016, be noted.

DC/56

125 44 Planning Appeal – Award of Costs • P15/0501 – Ashwood Inn, Sandringham Road, Wordsley • P15/0876 – Maypole Inn, 93 Bassnage Road, Halesowen • P15/1043 – The Summer House, 67 Sedgley Road, Tipton

A report of the Strategic Director Place was submitted informing Members of three recent appeal decisions and two awards of costs against the Council.

In response to a question raised regarding the cost of the claim, the Interim Planning Manager confirmed that once the amount of the cost claim had been received from the appellant and an agreed figure reached, a report would be submitted to this Committee.

The Chair concluded by requesting all Members to be mindful of the comments made by the Inspector when considering similar applications in the future to avoid decisions being referred to the Inspectorate and specifically noting the Inspector’s comments regarding parking provision, Members requested that Officers remind the Committee of the Inspector’s views when similar planning applications are submitted for consideration to future Committees.

Resolved

That, the report submitted relating to three recent appeal decisions which had resulted in two awards of cost against the Council, be noted.

The meeting ended at 7.00pm.

CHAIR

DC/57

126 Minutes of the Dudley Health and Wellbeing Board

Thursday 29th September, 2016 at 6.00 pm In Committee Room 2, The Council House, Dudley

Present:

Councillor R Harris (Chair) Dr D Hegarty (Vice-Chair) Councillors I Cooper and P Miller T Oakman (Strategic Director People), L Murphy (Independent Safeguarding Board Chairperson), J Emery (Health Watch Dudley), Chief Superintendent R Fisher (West Midlands Police), A Gray (Dudley CVS CEO), K Jackson (Deputy Director of Public Health), N Bucktin (Director of Commissioning – Dudley Clinical Commissioning Group), J Simmonds (Service Manager Strategic Partnerships), D Patel (Head of Service – Whole Life Disabilities) and K Buckle (Democratic Services Officer).

Also in attendance:

B Jones (Interim Nurse Consultant Communicable Disease), A Williams (Accountable Officer Sandwell and West Birmingham Clinical Commissioning Group) and D Patel (Head of Service Whole Life Disabilities).

19 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of M Bowsher, D Harkins, M Rodgers, P Maubach, N Griffiths and P Bradbury.

20 Appointment of Substitute Member

It was reported that J Emery had been appointed as a substitute Member for P Bradbury, for this meeting of the Board only.

21 Declarations of Interest

The Vice-Chair declared a non pecuniary interest in relation to Agenda Item No. 5 – Development of the Multi-Specialty Community Provider as a General Practitioner in the Dudley Borough and as such may be incorporated or affected by the development of the Multi-Specialty Community Provider.

22 Minutes

Resolved

That, the minutes of the meeting of the Board held on 30th June, 2016, be approved as a correct record and signed. DHWB/11

127

23 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That Agenda Item No. 8 – Dudley Health Protection Co-Operation Agreement, be considered as the next item of business followed by Agenda Item No. 5 – Development of the Multi-Specialty Community Provider and the remainder of the Agenda Items.

24 Dudley Health Protection Co-Operation Agreement

A report of the Deputy Director of Public Health was submitted on the Dudley Health Protection Cooperation Agreement.

In presenting the report submitted, the Interim Nurse Consultant stated that areas in relation to emergency preparedness and emergency planning had been investigated with the Cabinet Member for Health and Wellbeing.

It was noted that although the population of the Borough were protected in part by legislation, it was suggested that a memorandum of understanding document should set out the duties and responsibilities of partner organisations in an emergency situation.

It was further noted that work was conducted closely with the Dudley Group NHS Foundation Trust, Dudley Clinical Commissioning Group and Public Health England to set out the processes to be followed in emergency situations including pandemic influenza.

The dashboard of information contained in the Agreement was outlined, together with the purpose of the Agreement in order to provide assurances of the improvements achieved. B Jones, Interim Nurse Consultant thanked Dudley Clinical Commissioning Group for their input and contribution towards the Agreement, which had now been signed off by all partners.

The contribution in relation to the additional out of hours resource provided by the Dudley Group of Hospitals and the Urgent Care Centre were referred to.

The Chair made positive comment in relation to the Agreement, referring to the fact that it provided reassurances and also echoed approval of the partnership approach to working.

Resolved

DHWB/12

128 That the Dudley Health Protection Cooperation Agreement, including the work to the support the agreement by colleagues from Dudley Group NHS Foundation Trust, Dudley CCG and Public Health England, be supported and noted.

25 Development of the Multi-Speciality Community Provider

A joint report of the Director of Commissioning and the Director of Communications and Public Insight, Dudley Clinical Commissioning Group was submitted on the public consultation on the development of a Multi Specialty Community Provider (MCP).

N Bucktin, the Director of Commissioning, referred to the public consultation carried out in order to scope services and outcomes commissioned to meet the needs of patients, advising that the report submitted had been presented to the Health and Adult Social Care Scrutiny Committee on the previous evening.

It was noted that an independent organisation had been commissioned to prepare the report on the consultation and that no significant issues had arisen as a result of the consultation process.

The work with clinical colleagues in order to provide a refined overall shape of the outcomes framework was referred to as were the characteristics of the MCP, and it was noted that there would be public accountability for the budget management process.

In relation to the scope of the service details of the number of associated services that could be provided over time by the MCP were outlined.

N Bucktin advised that the Dudley Clinical Commissioning Board had to approve the outcomes framework, characteristics and scope of the MCP.

Details of the processes to be undertaken including conducting a risk assessment and undertaking an external evaluation leading to the final procurement of the MCP on 1st April, 2018, were outlined.

It was noted that the Dudley Clinical Commissioning Group was the first in the Country to undertake the procurement process in relation to the MCP.

The Chair expressed her confidence that there had been a partnership approach and once further work had been conducted on public accountability and governance issues and welcomed the fact that the process of procurement would be underway. The Chair referred to the ground breaking exciting challenges. It was noted that the Board were prepared to assist in order to drive forward the joint assurances process that was now required.

Resolved

DHWB/13

129

(1) That the information contained in the report submitted on the public consultation on the development of a Multi Specialty Community Provider (MCP), be noted.

(2) That the Dudley Clinical Commissioning Group be requested to provide further updates in relation to the procurement of the service to future Board meetings. .

26 Better Care Fund

A joint report of the Chief Officer, Adult Social Care and the Director of Commissioning, Dudley Clinical Commissioning Group was submitted updating the Board on the status and performance of the Better Care Plan for 2016/17.

In presenting the report submitted, N Bucktin made particular reference to the development of the Better Care Fund Plan, advising that there were a number of key schemes being developed including commissioning a new Falls Service, with recruitment taking place and it was anticipated that the impact of falls would be reduced and address some of the issues in relation to the key performance matrix especially around emergency admissions.

It was noted that in relation to Care Homes, the development of a new end of life pathway addressing end of life care in care homes and new posts being commissioned in order to deal with patients.

Details were outlined in relation to re-shaping investments in order to improve telecare and telehealth services in Care Homes.

The intensive work and action plan to provide assurances around delayed transfers of care, was referred to.

In responding to a Member’s question relating to improvements, N Bucktin advised that prevention work in relation to hospital admissions, would result in fewer admissions to residential care homes, with a greater chance of improving enablement, which would reduce delayed transfers of care.

The falls prevention work being undertaken was referred to which included a pharmacy technician reviewing the medication taken by those who suffered falls as there was evidence to support the fact that taking prescribed medication could impact on falls.

N Bucktin also advised that the Better Care Fund encompassed adult social care and not young carers, however the development of a new Carers Strategy was taking place which would deal with carers across all age ranges.

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N Bucktin undertook to provide details of services available to young people as carers to Councillor Cooper.

The Chair referred to the key issues contained in the report submitted and the changes required in pathways as patients’ needs changed and welcomed the medication review.

Resolved

(1) That the information contained in the report submitted on the status and performance and planned mitigating actions of the Dudley Better Care Fund Plan for 2016/17, be noted.

(2) That the final assurance and approval of the Better Care Fund Plan, be noted.

27 Sustainability and Transformation Plan

A Williams the Accountable Officer for the Sandwell and West Birmingham Clinical Commissioning Group gave a verbal presentation on the Sustainability and Transformation Plan (STP), with the Black Country Sustainability and Transformation Plan including 250,000 people within the West Birmingham area.

It was noted that the STP had no statutory basis and would be used to address the gaps in various collaborative services including Health and Wellbeing Care and Quality and funding and efficiency gaps. The additional work being undertaken on a regional scale, together with the work that would address co-ordinating collaborative services for the West Midlands Ambulance Service and the 111 Service, was outlined.

The work that was underway in the Vanguard process was referred to, together with the work with the Black Country Alliance, which formed part of the Better Care Fund.

It was further noted that the Sustainability Transformation Plan proposals centred around co-ordinating services, in order to meet the needs of future patients in sustainable methods.

The set of proposals were outlined, which would be based on attempting to support services on a place basis, in order that they could integrate, would be the most appropriate way to manage prevention and sustain services and achieving greater efficiencies.

It was noted that the STP process had no governance and it would not involve another method of attempting to introduce a new tier to the decision making process in relation to health care services.

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The establishment of a Forum to share plans and test whether there were other services that could be provided collaboratively was referred to and it was noted that the deadline for submission of plans for approval was 21st October, 2016. It was noted that changes to the plans were envisaged as it would be open to partners to test proposals and provide their views.

It was further noted that the STP in the Black Country were keen to comment upon the work of the Mental Health Commission which linked into the West Midlands Combined Authority.

A Williams referred to the event that would take place at the Molineaux Stadium on Monday 3rd October, 2016, in order to conduct an engagement exercise, with Members of the Board being invited to attend.

A Williams advised that the Black Country was more robust and had a stronger starting position in relation to the collaboration and co-production of health services, however it had been requested that the draft STP was not shared and it was appreciated that this had caused difficulties, however there was an expectation that the STP would be prepared by mid October and there would follow an open process of sharing the Plan.

A Williams also referred to the expectation that all parties would wish to engage and discuss the STP with their local communities, utilising local processes and networks to conduct those discussions.

The Vice-Chair advised that although not compulsory, there was a need to be actively involved in the STP and referred to the financial deficits that may impact on differing parts in the Borough. The benefit of having four hospitals in the Black Country and the need to work together more effectively was referred to and the need to find consistent and effective ways of working to provide health care.

It was noted that work had been undertaken on the impact of mental health diagnosis and the impact mental health problems had on general health, which would affect life expectancy and it had been evidenced that those with mental health problems accessed health care services more frequently than those who did not, with further investigations being required as increasing numbers would also impact on the sustainability of health care services nationally.

The Strategic Director People, advised that as an authority the Council had been contributing and engaging in relation to the sustainability of health care services, referring to the need to think differently in relation to health care provision, and this being the reason why the appointment of an MCP was required. It was noted that conversations were continuing which centred around opportunities to provide sustainable health care provision, with a focus on those being provided using the resources that were available with systems needing to change fundamentally.

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It was hoped that the MCP would provide some oversight around public engagement and the work centred around the mental health Vanguard was also referred to.

A Williams made reference to the four suggested principals of the STP and the need to react to the provision of health care services in a centralised manner was positive in relation to the benefit and opportunities of 18 organisations collaborating for the Black Country.

It was noted that West Birmingham had always formed part of the STP footprint covering the entire footprint of Sandwell and West Birmingham and included five Councils.

The Vice-Chair referred to the possibility of the STP footprint jeopardising the Dudley Borough in so far as resources were concerned. The Vice- Chair undertook to convene a meeting in order to ensure that a consistent commissioning approach was taken across the Black Country.

J Emery advised that Health Watch, Dudley had joined a sponsorship group, with Health Watch now being part of the STP. It was noted that once STP plans had been produced, Health Watch, Dudley would commence consultation with the public in relation to the STP.

The continuing engagement with Health Watch, the Board and elected Members in relation to the development of the STP was referred to, together with the potential avenues for such engagement, including the Sponsorship Group with the continuing need for an internal quality assurance role and the possibility of including Health Watch, Dudley to provide such assurance role.

The Chair thanked A Williams for the verbal presentation on the STP.

Resolved

That the information presented at the meeting on the Sustainability and Transformation Plan, be noted.

28 Dudley Safeguarding Children Annual Report

A joint report of the Strategic Director People and the Independent Chair of Dudley Children and Adults Safeguarding Board was submitted on the Dudley Safeguarding Children Board (DSCB) Annual Report 2015-16. The DSCB Annual Report 2015/16 was appended to the report submitted.

In presenting the report submitted L Murphy, the Independent Chair of the Dudley Children and Adults Safeguarding Board made particular reference to the fact that the publication of the annual report on the effectiveness of child safeguarding and promoting the welfare of children in the local area was a statutory requirement.

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133 The Board’s core functions were outlined and it was noted that insufficient progress had been made in the delivery of the improvement plan and it was stated that a meeting had been scheduled for mid October, to address the underlying causes for the lack of progress.

L Murphy referred to the data contained on page 98 of the report submitted, and it was noted that numbers of looked after children within the Borough were significantly higher than other comparable areas. The rate of children who were looked after would create significant resource challenges, however L Murphy emphasised that pooer outcomes for looked after children was well evidenced by research and the challenge for the Council and partners was to intervene earlier in order to prevent children becoming looked after children.

The need to focus on some of the identified priorities that have the greatest impact on children’s wellbeing was referred to, which would involve the right and good quality referrals and the wish for partner agencies to provide early health intervention following a clear pathway for early help providing early development.

It was noted that a strategy to deal with neglect had been prepared by Dudley Children and Adults Safeguarding Board with the Children and Young People’s Alliance Board would oversea the implementation of the strategy. It was noted that should issues in relation to neglect fail to be addressed, those children could escalate to looked after children.

In relation to child sexual exploitation, some of the current challenges in dealing with those children, who were more vulnerable, for example those children who suffered with autism, were referred to, together with the need to recognise all victims of child sexual exploitation including male victims. There was the need to integrate the response to victims of child sexual exploitation within the Multi Agency Safeguarding Hub screening referrals and to integrate safeguarding responses into social work provision.

The requirement to make better use of data in order to understand where greater risks of child sexual exploitation were occurring was referred to, together with the need for the Joint Strategic Needs Assessment to reflect the needs of this group of children in order to inform plans to meet their needs and to shape service provision.

The Strategic Director People referred to the improvements to the service, stating that the Council were reliant on partners in order to work together to safeguard children and it was noted that health practitioners were to work within the Multi Agency Safeguarding Hub, however they do not currently have a presence in the Hub.

The work undertaken in order to improve the Council’s safeguarding service was outlined, including delivery of new service models and continuing to monitor the service. The new leadership and partnership approach which strengthened the service, was noted.

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The Chair thanked L Murphy, the Independent Chair of Dudley Children and Adults Safeguarding Board for the re-assuring report submitted, referring to the change in direction and leadership with key priorities in relation to safeguarding children now being focused upon.

Resolved

That, the information contained in the report on the Dudley Safeguarding Children Board (DSCB) Annual Report 2015-16, and as reported on at the meeting, be noted.

29 Black Country Transforming Care Update Report

A joint report of the Head of Service, Whole Life Disabilities and the Strategic Commissioning Manager, Whole Life Disabilities was submitted providing the Board with an update on progress of the Black Country Transforming Care Partnership Plan and Transforming Care activity within Dudley for information, comments, scrutiny and governance.

In presenting the report submitted, D Patel, Head of Service, Whole Life Disabilities advised that although the principles of the plan were supported, the Board had not signed off the plan due to the lack of financial commitment from NHS England (NHSE) and appropriate infrastructure within the plan.

The position in relation to those who would be eligible for a lifetime dowry from NHSE to fund their care and support was outlined and it was noted that this had not been forthcoming. The four people identified that would be eligible for a Dowry, with community support packages for people of this level of complexity often being in the region of £2,000 to £3,000 per week was referred to.

The position was outlined in relation to the Dowry being utilised to pay the S117 contribution under the Mental Health Act, together with the details in relation to funding being delayed and the need to resolve the position in relation to pooled budgets.

The initial mapping of the beds utilised in the West Midlands to identify the flow of patients and the target to reduce the bed usage down to 40 by 2019 was referred to.

The financial implications for Dudley were outlined, including work streams being established with progress being slow in how the planned outcomes

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135 would be achieved, without the appropriate resources and the difficulties to work to timescales within the Transforming Care Programme.

It was noted that some patients with complex and challenging needs had been admitted to hospital due to the lack of sustainable support and accommodation.

It was further noted that currently the financial responsibility for specialist treatment beds falls to the NHS and Dudley had no financial responsibility to contribute toward the cost of those placements.

The extensive costs to Dudley under the proposed national arrangement were referred to together with the continued debate regarding NHSE allocating Dowries which would leave Dudley with a financial burden were referred to.

The Strategic Director People expressed concerns in relation to the potential lack of funding by NHSE and requested the Board to support the request for a resolution to the matter.

The Chair advised that she would liaise with Health and Wellbeing Cabinet Members in other authorities in relation to the issues raised and confirmed that she would write to NHSE on behalf of the Board in relation to the untenable situation, requesting that the financial situation be resolved in order that the Board could sign off the Plan.

Resolved

(1) That the information contained in the report submitted on the progress of the Black Country Transforming Care Partnership Plan and Transforming Care activity within Dudley, be noted.

(2) That the Board agree for patients eligible for life time Dowries to be fully health funded.

(3) That appropriate care and support and financial Infrastructure across Health and Social Care be in place to support the National Plan, support appropriate discharges from hospitals and to manage risks, prior to the implementation of the plan. This includes health and social care staffing resources, be supported.

(4) That NHS England to agree parallel funding to support the National Plan pending the closure of hospital beds. That neither the Local Authority nor the CCG can assume responsibility until confirmation of funding was agreed, be noted. .

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136 (5) That clarity was needed in terms of who would fund the cost of care and support under the Transforming Care National Programme. That assurance was provided that adequate resources were in place to support, prior to implementation of the programme, as both the Local Authority and Dudley Clinical Commissioning Group are under significant funding and resource pressures.

(6) That Dudley MBC and Dudley Clinical Commissioning Group only assume liability to fund people under the Transforming Care programme where resources have been confirmed by NHS England. That adequate time is permitted to specialist accommodation and support is developed in the community for adults and children.

(7) That NHS England is encouraged to share learning from pilot sites to inform the local approach to Transforming Care.

(8) That the Dudley Clinical Commissioning Group and Dudley MBC holds an “At Risk Register” for adults, children and young people that meet set criteria, that will need to be monitored and individuals appropriately supported to avoid an admission into hospital.

(9) That authority be delegated to the Strategic Director People, Dudley MBC to determine a format for ongoing reporting to the Dudley Health and Wellbeing Board, in consultation with the Chair, be endorsed.

30 Information Only – Dudley Health and Wellbeing Board Annual Conference.

J Simmonds, Service Manager Strategic Partnerships referred to the number of attendees invited to the Conference, emphasising the need to have dialogue with Strategic Groups and Board Members in relation to how to work differently and how that would be facilitated.

Resolved

That the information reported on at the meeting, be noted.

31 Any Other Business

The Chief Executive Officer - Dudley CVS referred to a notification that had been circulated by Dudley Council in respect of a reduction in funding to Adult Social Care, and in particular the impact to Voluntary Community Organisations locally, the services provided and the potential impacts to partner organisations, and requested that further information should be provided at the next meeting of the Board.

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137 The Chair requested the Board to give consideration as to how to move the debate forward at the next meeting.

32 Board Review

The Chair gave an overview of the comments and resolutions agreed by the Board, referring to the huge amount of ground covered advising that the Board were much better informed in relation to the process of the MCP and providing more clarity on key challenges and issues in relation to the BCF. The positive experience in relation to the STP and the endorsement of the Dudley Health Protection Agreement, was referred to.

The Chair thanked L Murphy for the certainty and assurances provided in relation to safeguarding children, including the whole process which was being addressed in order to keep adults and children safe in the Dudley Borough.

The position in relation to the Black Country Transforming Care Partnership Plan and the positive community and voluntary system changes to commissioning the service and budget cuts were referred to. The Chair suggested that a development meeting be convened focusing on the strategic direction, funding and commissioning issues raised in relation to the Plan.

In response to the suggestion as detailed above, the Strategic Director People undertook to report further to the Board once discussions had taken place in relation to a broader piece of work regarding the Partnership Board Agreement as part of the MCP.

The Vice Chair responded stating that work was being presented to the Partnership Board by Dudley Council for Voluntary Services and confirmed that he would liaise with Andy Gray in order that DCVS could feed back in relation to the current situation and possible solutions.

The meeting ended at 8.10 pm

CHAIR

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138 Minutes of the Ernest Stevens Trusts Management Committee

Thursday, 27th October, 2016 at 6.00 p.m. in Committee Room 3, The Council House, Dudley

Present

Councillor V Wale (Vice-Chair in the Chair) Councillors A Hopwood, I Kettle, G Partridge, H Rogers and D Sparks

Officers

M Farooq (Lead for Law and Governance), M Wilcox (Principal Lawyer), S Griffiths (Democratic Services Manager), J Croft (Finance Manager), G Dean (Head of Street and Green Care), L Stuffins (Green Space Team Leader), J Butler (Group Engineer) and M Cox (Team Manager Valuation and Transactional Services)

C Towns (Matron – Mary Stevens Hospice) attended for Minute No. 11 below only.

Together with 8 members of the public

7 Apologies for Absence

Apologies for absence were received on behalf of Councillor J Cowell.

8 Appointment of Substitute Member

Councillor D Sparks was serving as a substitute for Councillor J Cowell for this meeting of the Committee.

9 Declarations of Interest

Councillor H Rogers – Non-pecuniary interest as Chair of the Friends Group for Mary Stevens Park and Swinford Common. Also in relation to her involvement with the Heritage Lottery Project Team - Mary Stevens Park and attendance at associated stakeholder meetings.

Councillor D Sparks – Non-pecuniary interest as Chair of the Friends of Quarry Bank Park.

Councillor V Wale – Non-pecuniary interest as a Trustee of Mary Stevens Hospice.

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139

10 Minutes

In connection with Minute No. 5, reference was made to the future parking provision at Mary Stevens Hospice. Further information would be discussed at the next meeting of the Committee at which time the need for a site visit would be considered.

The Group Engineer indicated that further discussions would take place with the resident of Lea Vale Road as referred to in Minute No. 3 (options to deal with parking issues and congestion around Mary Stevens Park).

Resolved

That, the minutes of the meeting held on 13th July, 2016, be approved as a correct record and signed.

11 Mary Stevens Hospice – Update/Presentation on Proposed Plans

Further to Minute No. 5 of the meeting held on 13th July, 2016, the Committee received a verbal presentation from C Towns, concerning the progress of the project for Mary Stevens Hospice including the planned refurbishment and extension works.

12 Terms of Reference of the Committee

A report was considered on proposed amendments to the Committee’s terms of reference following correspondence with the Charity Commission.

A Member suggested that paragraphs 2, 4 and 5 of the proposed terms of reference should be amended to include the words “...within the terms of the appropriate governing documents.” In addition, paragraph 7 should be amended to include the addition of the words “...and obtain advice from the Charity Commission.”

The Lead for Law and Governance indicated that it was implicit that the Council could not act in contravention of the relevant governing documents and that the proposed amendments, as set out in the report, had been agreed with the Charity Commission.

The revised terms of reference would be incorporated into the annual review of the Constitution, to be considered by the Council at its meeting on 5th December, 2016.

Resolved

That the Council be recommended to approve the revised terms of reference as referred to above.

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140

13 Ernest Stevens Trusts – Composition of the Committee

A report was submitted on the composition of the Committee, including a proposal to consider the appointment of three non-elected, non-voting co-opted members to serve on the Committee. The Charity Commission had confirmed its support to this proposal in order to deal with any potential conflicts of interests and introduce some independence to protect the best interests of the beneficiaries of the Charity.

The Committee was advised of the eligibility requirements for the co-opted members, who would be appointed to serve for three years. It was proposed that the co-opted members should initially be nominated, on the basis of one co-opted member per park, from the Friends of Mary Stevens Park, Norton, the Friends of Stevens Park, Quarry Bank and the Friends of Stevens Park, Wollescote. Although the co-opted members would be non-voting, they would contribute fully to the discussions and considerations of the Committee.

A Member suggested that consideration be given to widening the opportunity for appointing co-opted members from across the Borough, rather than limiting this to the three Friends of the Parks groups. In addition, the use of the term ‘non-elected’ was clarified as meaning a ‘non-Councillor’. The co-opted members would not have voting rights and it was noted that this was consistent with the requirements that applied to other Council Committees. Following a discussion, it was acknowledged that the arrangements could be reviewed after a period of time.

The Committee requested the Lead for Law and Governance to consider the future induction arrangements for the co-opted members and the provision of training for Councillors and employees who served on other bodies of a charitable nature.

Resolved

That subject to the comments of the Committee, the proposals for the appointment of three co-opted members be approved on the basis set out in the report.

14 Bowling Green and Sunday Play Consultation

The Committee considered a report on proposals to undertake consultation on the issue of playing ball games on Good Fridays and on Sundays in the parks where restrictions currently applied and in relation to proposals to explore leasing arrangements for bowling green/croquet provision in the parks.

Concerns were expressed that the proposed consultation period was insufficient and that the owners of all properties adjoining the parks should be notified of the consultation process. The Committee was of the opinion that the consultation period should be extended to four weeks and that the consultation process should be promoted at the Community Forums in November, 2016. The Green Space Team Leader confirmed that all interested persons would be encouraged to respond to the consultation.

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141 Concerns were expressed about the reference to the ownership of the parks in Appendix 1 to the report. It was clarified that the Council was the Trustee rather than the owner and the consultation document would be amended accordingly. A Member expressed the view that the obligations of the Council as the Trustee out- weighed the budgetary considerations and it was inappropriate to consider transferring maintenance responsibilities to small clubs. In addition, concern was expressed regarding the ability of this Committee and the Council to amend the original Trust Deeds and the consultation should include reference to the legal issues. Officers were requested to clarify that any changes would require approval from the Charity Commission.

The Committee was advised that the consultation was an initial stage and any proposed changes to the Deed of Gift would be subject to consent of the Charity Commission based on all relevant and available information.

Reference was made to consultation on the Council’s Medium Term Financial Strategy, which encompassed all areas of Council activity. The proposed bowling green and Sunday play consultation was not a statutorily required process and the issue would be considered further based on all the information and responses received to the consultation exercise.

Resolved That subject to the necessary amendment of the consultation document and to the extension of the consultation period, as referred to above, the proposed bowling green and Sunday play consultation be noted.

15 Grant Application – Stevens Park and Recreation Ground Foundation Trust

The Committee considered a report on an application received from Stourbridge and District Scout Association for a grant of up to £5,000 from the Stevens Park and Recreation Ground Foundation Trust.

The Committee requested further information on the sources of funding received by the Association towards the renovation of its Headquarters, including clarification as to whether an application had been made to the relevant Community Forum.

Resolved

That consideration of the application be deferred pending the circulation of further information to Members of the Committee.

16 Ernest Stevens Trusts – Final Accounts

The Committee considered a report seeking approval to the accounts of the individual Trusts comprising the Ernest Stevens Bequests. An updated statement of financial activities for the year to 31st March, 2016 was circulated at the meeting.

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142 Resolved

(1) That the accounts of the Trusts be approved on behalf of the Council in its capacity as Trustee.

(2) That the Vice-Chair be authorised to sign the accounts in the absence of the Chair.

The meeting ended at 7.25pm

CHAIR

EST/9

143 Minutes of the Licensing Sub-Committee 1

Tuesday 18th October, 2016 at 10.00 am in the Council Chamber, The Council House, Dudley

Present:-

Councillor K Finch (Chair) Councillors J Baines and P Miller

Officers:-

R Clark (Solicitor – Chief Executive’s Directorate), B Hughes (Assistant Team Manager – Licensing and Enforcement – Place Directorate) and K Taylor (Democratic Services Officer – Chief Executive’s Directorate).

11. Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

12. Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 9th August, 2016, be approved as a correct record and signed.

13. Application for Review of Premises Licence – Costcutter Express FS630, Netherton Service Station, Halesowen Road, Dudley

A report of the Strategic Director Place was submitted on an application for a review of the premises licence in respect of Costcutter Express FS630, Netherton Service Station, Halesowen Road, Dudley.

The following persons attended the meeting in respect of this application:-

Mr C Mitchener – Licensing Solutions Ms T Sidebottom – Motor Fuel Ltd Mr A Murphy – Motor Fuel Ltd Mr S R Asna-Ashari – Designated Premises Supervisor G Wintrip – Trading Standards D McNulty – Public Health K Turley – West Midlands Police

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144 Following introductions, the Assistant Team Manager – Licensing and Enforcement presented the report on behalf of the Council.

Mr Wintrip then presented the facts of the case relating to the prevention of crime and disorder and the protection of children from harm under the Licensing Act 2003, and outlined the reasons that had resulted in the application being made for a review of the premises licence.

It was explained that on 15th July, 2016, a child test purchaser was sold alcohol, namely four cans of Fosters Lager from the premises, which was contrary to Section 146(1) of the Licensing Act 2003 and in direct contravention of the licensing objectives.

It was noted that the Premises Licence Holder was Motor Fuel Ltd, with Mr Asna-Ashari operating as the Designated Premises Supervisor.

The Sub-Committee were informed that Dudley Trading Standards had visited the premises on 25th March, 2015, following a complaint from a resident in relation to the premises selling tobacco to a 11 year old boy, and provided advice in relation to the prevention of underage sales of age restricted products, acceptable proof of age and the importance of keeping a Refusals Register and also left an advice pack to ensure that all staff were aware of their obligations under the Licensing Act 2003. An additional advisory visit to the premises had been undertaken on 13th April, 2016.

Details were provided on the test purchases that had been conducted by Dudley Trading Standards in June, 2015 and March, 2016 and it was confirmed that during that period there had been no issue of underage sales of age restricted products.

Following the sale of alcohol to the test purchaser on 15th July, 2016, the individual who had sold the alcohol had been identified as Ms Y Mills, shop assistant. Upon questioning, Ms Mills made no reply and was issued with a Fixed Penalty Notice. An inspection of the premises identified Challenge 25 posters displayed, an electronic point of sale system in operation together with a till prompt and a Refusals Register.

In concluding, it was suggested that if the Sub-Committee was minded not to suspend or revoke the premises licence that consideration be given to imposing conditions to the licence.

D McNulty commented on the impact on health in adolescents as a consequence of alcohol consumption and it was considered that the sale of alcohol to young people was a serious matter. Any actions to prevent the sale of alcohol to a young person on the grounds of protecting children from harm were entirely supported.

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145 K Turley then presented the representations of West Midlands Police and in doing so informed the Sub-Committee that the Neighbourhood Team had no concerns regarding the premises, however, they suggested that staff receive further training due to periodic thefts, and supported the recommendations submitted by Trading Standards.

Mr Mitchener then presented the case on behalf of Motor Fuel Ltd and Mr Asna-Ashari, and in doing so stated that they did not dispute the representations submitted by Trading Standards and apologised for the sale. Reference was made to the extensive training programme implemented throughout all Motor Fuel Ltd stores, including, one to one training for each member of staff followed by a written test with a 100% pass rate. Employees are required to sign a training statement on a monthly basis confirming their understanding of their responsibilities in the sale of alcohol, with refresher training provided every three months. It was confirmed that Ms Mills had received all the appropriate training, which was evidenced through training records previously submitted to the Sub- Committee, and had reaffirmed her knowledge of her responsibilities on 5th July, 2016.

Mr Mitchener stated that Ms Mills had made an error in making the underage sale and Mr Asna-Ashari immediately retrained her and other employees. Following knowledge of the underage sale, the Area Retail Manager of Motor Fuel Ltd suspended all sales of alcohol pending further investigation and an audit of alcohol sales and provided further training to Mr Asna-Ashari. The sale of alcohol was reinstated as it was evident that Mr Asna-Ashari had maintained a comprehensive training record.

It was confirmed that there was no objection to the recommended conditions being applied to the premises licence, however, Mr Mitchener requested that conditions number 4 and 8 be amended to reflect the requirements of the Data Protection Act to prevent staff irregularities in regard of CCTV and that staff did not have access to confidential records of other staff members. Mr Wintrip confirmed that he had no objection to the proposed amendments.

In concluding, Mr Mitchener referred to the previous test purchases undertaken which had been positive, and that West Midlands Police had not raised any concerns regarding the management of the premises.

In responding to a question by a Member regarding the training material provided to employees, Mr Mitchener confirmed that although training was based on simple principals, there were four different tests given to employees. He also confirmed that ‘spot-checks’ were undertaken by Retail Managers including reviewing CCTV and monitoring staff members.

Following a request the Refusals Register was circulated to the Sub- Committee.

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146 In summing up, Mr Wintrip reiterated that despite due diligence, the application for review had been made due to a child test purchaser being sold alcohol, which was contrary to Section 146(1) of the Licensing Act 2003 and in direct contravention of the licensing objectives.

At this juncture, the Assistant Team Manager – Licensing and Enforcement informed the Sub-Committee that the printed licence highlighting the licensable hours did not reflect the approved operating hours for the supply of alcohol, namely, Monday to Sunday, 00:00 to 00:00hrs.

In summing up, Mr Mitchener stated that the sale of alcohol to the test purchaser was not disputed and that Ms Mills had made a human error and was not malicious. He stated that suggestions made by Trading Standards had been embraced and Motor Fuel Ltd would continue to upgrade their methods of operating their business.

The parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision invited the parties to return and the Chair outlined the decision.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, the following conditions be applied to the premises licence in respect of Costcutter Express FS630, Netherton Service Station, Halesowen Road, Dudley as follows:-

(1) A written Proof of Age Policy (Challenge 25) is to be put in force, which all staff authorised to sell alcohol will be trained in and adhere to. Valid proof of identification will only include passport, photographic driving licence or a Proof of Age Standards Scheme (PASS) proof of age card such as Citizen Card. No other form of identification shall be accepted.

(2) A4 notices to be displayed on the door to the premises and near the point of sale stating that it is an offence to buy alcohol for persons under the age of 18.

(3) A Register of Refusals of Sale of Alcohol which indicates the date, time and reason for refusal will be operated and maintained at the premises. The Premises Licence Holder shall review the book once a week ensuring it is completed and up-to-date. The Premises Licence Holder will sign the book each time it is checked. This book shall be made available for inspection by an officer of any responsible authority.

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147 (4) CCTV to be in place at the premises and to be recording at all times when the premises are open for licensable activity, to the specifications of the West Midlands Police Crime Reduction Officer so that the alcohol display area and the point of sale area can be viewed. All images are to be recorded and kept for a minimum of 28 days and made available to any responsible authority upon request to the Designated Premises Supervisor and in any event within 24 hours. The hard drive to be kept securely.

(5) The Premises License Holder will take proportionate steps to review the premises CCTV on a weekly basis in order to identify persons under the age of 18 who are attempting to buy alcohol or persons over the age of 18 buying on their behalf. A record of these checks shall be maintained and be available for inspection upon request by an officer of any responsible authority.

(6) All persons engaged to sell alcohol must complete a training programme, which includes a written test to verify the competency of that person prior to them being authorised to sell alcohol.

(7) The premises licence holder shall ensure that monthly reviews are conducted with any persons authorised to sell alcohol in order to reinforce training, promote best practice and policy. The monthly reviews will be recorded in writing.

(8) A file shall be maintained at the premises for each person authorised to sell alcohol (with proof of identity which will be a copy of passport and/or driving licence). This file shall contain all training records for each person along with copies of monthly reviews as stated in point 7. This file shall be made available for inspection by any officer from a responsible authority upon request to the Designated Premises Supervisor.

(9) Any person who is suspected of purchasing alcohol for any person under age, shall be refused service.

Reasons for Decision

This is an application for the review of the premises license for Costcutter Express, Dudley.

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148 The Premises License Holder is Motor Fuel Ltd. The Designated Premises Supervisor is Mr Seyed Rohallan Asan-Ashari who attended the review. Motor Fuel Ltd was represented by Chris Mitchener, Licensing Solutions. Tina Sidebottom and Mr A Murphy attended on behalf of Motor Fuel Ltd.

The review has been brought by Dudley Trading Standards relating to the licensing objectives of prevention of crime and disorder and the protection of children from harm. A test purchase exercise was conducted at the premises on 15th July 2016, during which a 15 year old male test purchaser was sold 4 cans of 4% lager. The shop assistant and seller Yvonne Mills made no attempt to ask the age of the test purchaser, and on receiving a subsequent caution, made no reply except to confirm she had been working in the premises 12 months and that she had received training. She was issued a fixed penalty notice.

It was apparent that there was a till prompt system in place, a refusals register and challenge 25 posters were in place.

Prior to this event, Trading Standards had received a complaint from a member of the public on 3rd March, 2015 regarding the sale of cigarettes to an 11 year old boy. This was discussed with the Assistant Manager that month, and advice and documentation provided. Further tobacco test purchase exercises in June 2015 and March 2016 resulted in no sales. A further annual visit was conducted in April 2016 and further advice and supporting documentation was provided to the Assistant Manager.

West Midlands Police have expressed no concerns about the management of the premises and its license beyond the failed test purchase exercise.

On behalf of Motor Fuel Ltd, an explanation of the training programme regarding sale of age restricted products provided to all staff was given, which included initial training and testing in which 100% must be achieved, and this is followed up by 3 monthly refresher training and test papers, all of which Ms Mills has engaged with and passed, and indeed she had signed to say that she had re- read the company licensing policy in July 2016.

As a result of the sale, all trading of alcohol was suspended until training for all staff was reviewed, and an audit of procedures undertaken. Sale of alcohol had only recommenced after the management was satisfied with the audit. An apology was presented on behalf of the company.

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149 The company accepted the conditions that Trading Standards proposed to be attached to the premises license, with amendments to proposed conditions 4 and 8 as follows:

• 4. All images are to be recorded and kept for a minimum of 28 days and made available to any Responsible Authority upon request to the DPS and in any event within 24 hours. The hard drive to be kept securely.

• 8. The file shall be made available for inspection by any officer from a Responsible Authority upon request to the DPS.

The Sub-Committee is satisfied that this serious error by the shop assistant in July, was a human error, made by her, despite a good training programme which is well implemented. The management appears to have taken appropriate action to ensure that all training is understood, and have apologised for the sale.

The Sub-Committee is therefore satisfied that the appropriate step is to impose the proposed conditions upon the premises licence, and these conditions have been accepted by the company, with the amendments proposed. The Sub-Committee accepts those amendments to conditions 4 and 8, and takes no further steps on this review today.

The Sub-Committee notes that whilst the licensed hours for these premises are 24/7, the printed licence does not reflect this. This should be addressed by the licensing authority.

14. Application for Review of Premises Licence – European Food Express, 202 High Street, Dudley

A report of the Strategic Director Place was submitted on an application for a review of the premises licence in respect of European Food Express, 202 High Street, Dudley.

The following persons attended the meeting in respect of this application:-

Mr S Maskhaty – Premises Licence Holder and Designated Premises Supervisor G Wintrip – Trading Standards D McNulty – Public Health K Turley – West Midlands Police

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150 Following introductions, it was noted that Mr Maskhaty’s legal representative had submitted a letter requesting that the matter be deferred as they had not had an opportunity to consider the paperwork due to the lateness of Mr Maskhaty’s instruction due to his lack of understanding of the seriousness of the matter.

Following comments made, all parties agreed to the request in order to allow Mr Maskhaty to attend with a legal representative.

Resolved

That consideration of the application made for the review of the premises licence in respect of European Food Express, 202 High Street, Dudley be adjourned to the next meeting of Licensing Sub- Committee 1.

The Sub-Committee requested that Mr Maskhaty attend the re- convened hearing with his legal representative.

The meeting ended at 11.30 am

CHAIR

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151 Minutes of the Licensing Sub-Committee 3

Tuesday 1st November, 2015 at 10.00 am in the Council Chamber, The Council House, Dudley

Present:-

Councillor M Evans (Chair) Councillors K Finch and G Simms

Officers:-

R Clark (Principal Solicitor), S Smith Team Manager (Licensing and Waste Enforcement) and K Buckle (Democratic Services Officer) – All Chief Executive’s Directorate.

23 Apology for Absence

An apology for absence from the meeting was received on behalf of Councillor J Cowell.

24 Appointment of Substitute Member

It was reported that Councillor K Finch had been appointed as a substitute Member for Councillor J Cowell for this meeting of the Sub- Committee only.

25 Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

26 Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 23rd August, 2016, be approved as a correct record and signed.

27 Application for the Renewal and Variation of Consent to Engage in Street Trading LSD Promotions Limited – Food/Craft Market in Stourbridge

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152 A report of the Strategic Director Place was submitted on an application for the renewal and variation of the consent to engage in street trading at a site in Stourbridge. .

The following persons attended the meeting in respect of the application:-

Mr D McGillicuddy - LSD Promotions Limited – Applicant Mr M Morgan – LSD Promotions Limited Mr D Harcourt – Stourbridge Trade of Commerce Mr L Lenihan – Dudley Market Traders Limited – Objector Mr P Paker – Head of Communications and Public Affairs – Dudley Council.

The Team Manager – Licensing and Waste Disposal referred to the report submitted and the supporting documentation that had been forwarded to Members only for their consideration and made reference to the objections that had been received to the application.

Objections to the application were made by Mr L Leniham in relation to the legal aspects of using a Street Traders Licence for the purposes of allowing various third parties to trade under that licence, urging the Council to re-visit their application procedures for Street Trading Licences.

Mr L Lenihan also raised concerns in relation to the fees paid by Dudley Market Traders in comparison with the fees that the Applicant would be requested to pay.

Mr P Parker referred to the ongoing income generation in relation to events that will be and would be taking place in the various streets that covered the Application and requested that should the licence be granted that the licence reflect the requirement for the conditions in order that those events could proceed.

Mr McGillicuddy confirmed that he would have no objections to such a condition being imposed and would continue to work closely with the Council in order that events such as the Summer Carnival and Christmas market could take place.

Arising from the presentation of the report submitted, objections and representations made, Mr McGillicuddy responded to questions from Members, specifically in relation to the benefits the market would bring to the residents of the Borough. It was also noted that those who operated market stalls displayed various certificates in order to ensure that health and safety and various policies and conditions were being complied with.

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153

Mr McGullicuddy confirmed that as a matter of Policy all of his staff were trained to clear up litter and LSD Promotions Limited were registered waste carriers.

The parties then withdrew from the meeting to enable the Sub- Committee to determine the application.

The Sub-Committee having made their decision invited the parties to return and the Principal Solicitor outlined the decision together with the reasons for the decision.

Resolved

That the application made by Mr D McGillicuddy of LSD Promotions Limited for the renewal and variation of the consent to engage in street trading at a site in Stourbridge be approved subject to the condition that Applicant works in partnership with the Council and their Communications and Public Affair Section, always making available, on any Saturday, adequate space in the consent area, for any commercial bookings. LSD Promotions will also ensure that residents and businesses on Coventry Street have clear access to their properties and parking at all times.

Reasons for the Decision

This is an application by Mr. Dermot McGillicuddy of LSD Promotions for the grant of a street trading consent each Saturday, 9-4pm, for Lower High Street, Coventry Street and the area around the town clock in Stourbridge. David Harcourt of Stourbridge Chamber of Commerce stated that the two big occasions of the year were the Carnival which was on a Sunday and the Christmas lights, which had always been managed with street traders in past years. These were therefore not an issue in terms of this application. Mr. Lenihan on behalf of Dudley Market Traders Limited stated that a grant of a street traders consent cannot be assigned to a third party, and that Street Trading legislation was never intended for the running of a market. Further, the council would therefore have no right to ask each individual stall holder for any information.

Mr. Phil Parker of Dudley Communications and Public Affairs stated that the Town Clock area in Stourbridge is frequently rented out for bookings, and would want the condition attached to any consent that space is always made available for any commercial bookings.

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154

LSD was formed in Stourbridge in 1989, and operated in Stourbridge from 2002 until 2008 on 1st and 3rd Saturday of the month, around Coventry Street and around the clock. Mr. McGillicuddy did not address the legal issues regarding the running of a market under a street trading consent. He explained that the current area around The Ryemarket was very restricted in space. Mr. McGillicuddy stated that LSD provided the market stalls but individual stall holders are responsible for their products and their storage. He stated that he obtained food hygiene certificates for all food vendors, and these were displayed on all relevant stalls. He also stated that the company was a registered waste carrier and always cleared up litter at the end of each market day, and that this was a priority.

On the basis of the information provided today, the committee grants a street trading consent to LSD Promotions for a period of 12 months for the areas specified in the application and between 9.00am and 4.00pm. The committee attaches the condition that LSD Promotions must work in partnership with the council and Dudley Communications and Public Affairs and that it will always make available, on any Saturday, adequate space in the consent area, for any commercial bookings. LSD Promotions will also ensure that residents and businesses on Coventry Street have clear access to their properties and parking at all times.

28 Application for the Grant of Consent to Engage in Street Trading – Mr Richard Lee Anthony Palethorpe – Halesowen Town Centre

A report of the Strategic Place was submitted on an application for the grant of consent to engage in street trading at a site in High Street/Hagley Street, Halesowen.

The Team Manager referred to the report submitted and supporting documentation that had been forwarded to Members only for their consideration and made reference to the objections that had been received.

The applicant, Mr R L A Palethorpe was in attendance at the meeting and responded to questions from Members and in particular stated that he was catering for the people working in Halesowen and was only seeking to operate during week days. It was noted that there was a receptacle in place for rubbish and all packaging used was recyclable.

The parties then withdrew from the meeting to enable the Sub- Committee to determine the application.

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155 The Sub-Committee having made their decision invited the parties to return and the Senior Solicitor then outlined the decision and the reasons for the decision.

Resolved

(1) That the application made by Mr R L A Palethorpe for the grant of consent to engage in street trading in High Street/Hagley Street, Halesowen, be approved for a period of six months.

(2) That upon the expiry of six months should a further application be received the application be referred for consideration to this Sub-Committee.

Reasons for the Decision

This is an application for a street trading consent in Halesowen between the hours of 9am and 3.30pm Monday to Friday each week. The application is to sell jacket potatoes, soup and tea and coffee from a van. The proposed location is in Halesowen High Street, in the main square. The food was presented as a healthy option and all home made, and there was seating for 8 with tables. They were aiming at business lunches and were not seeking to trade at weekends. There were four local objections to the grant. A common theme was that there were already a large number of food outlets in the town, including a recently established baguette shop, and that a further food outlet was not required.

There was also a concern that the proposed site was in a pedestrianised area and an entertainments square and that the van would detract from the ambience of the area.

The committee notes that none of the objectors has attended today. The committee grants the consent, as sought, for a period of 6 months, in order to see what impact this has on the trade of shops in the area. The committee notes that the application made no reference to seating or tables, and therefore, use of tables and chairs will not be permitted under this consent.

The committee also requests following the six month trial period, any further application is referred back to this sub-committee.

The meeting ended at 11.45 am

CHAIR

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156 Minutes of the Meeting of the Taxis Committee

Tuesday 18th October, 2016 at 5.30 p.m. in Committee Room 3 at the Council House, Dudley

Present:-

Councillor R Body (Chair) Councillor A Aston (Vice-Chair) Councillors, A Goddard, A Hopwood, I Kettle, K Lewis, C Perks, G Simms and S Ridney.

Officers:-

S Smith – Licensing Manager (Place Directorate) N Bangar – Solicitor and L Jury – Democratic Services Officer (Both Chief Executive’s Directorate)

29 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors M Aston and A Millward.

30 Appointment of Substitute Members

It was noted that Councillors S Ridney and I Kettle had been appointed to serve as substitute members for Councillors M Aston and A Millward respectively for this meeting of the Committee only.

31 Declarations of Interest

There were no declarations of interests from Members, in accordance with the Member’s Code of Conduct.

32 Minutes

Resolved

To confirm and sign the minutes of the meeting held on 10th August, 2016 as a correct record.

33 Exclusion of the Public

Resolved T/21

157

That the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.

34 Application for Review of a Hackney Carriage Drivers’ Licence – Mr AAA

A report of the Strategic Director Place was submitted on an application made on behalf of Mr AAA for the review of a Hackney Carriage Driver’s Licence.

Mr AAA was in attendance at the meeting and responded to questions asked by the Committee and in doing so provided a detailed account of the circumstances surrounding his endorsement.

Mr AAA also confirmed that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, Mr AAA receive a stern warning as to his future conduct in light of the endorsements he had received from the Police.

35 Application for Grant of a Private Hire Driver’s Licence – Mr SK

A report of the Strategic Director Place was submitted on an application made on behalf of Mr SK for the grant of a Private Hire Driver’s Licence.

Mr SK was in attendance at the meeting together with his representative Mr Saleem.

Mr Saleem made representations on behalf of Mr SK and in doing so referred to the circumstances surrounding the caution awarded to Mr SK in October 2011. Mr SK then informed the Committee that there were no matters pending that the Committee needed to be made aware of.

Resolved

That following consideration of the information contained in the report submitted, and as reported on at the meeting, a Private Hire Driver’s Licence be granted and issued to Mr SK for a period of twelve months.

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158 36 Application for Renewal of a Hackney Carriage Driver’s Licence – Mr AJ

A report of the Strategic Director Place was submitted on an application made on behalf of Mr AJ for the renewal of a Hackney Carriage Driver’s Licence.

Mr AJ was in attendance at the meeting together with his representative Mr Saleem.

Mr Saleem made representations on behalf of Mr AJ and in doing so gave a detailed account of the circumstances relating to Mr AJ’s failure to declare an offence to the Licensing Committee on 14th October 2015 in relation to his failure to provide information to the Police as to identify the driver which had resulted in Mr AJ being awarded penalty points on his licence. Mr AJ stated that he had been suffering from stress related to family matters at the time and he had simply forgotten about the offence and stressed that it had not been his intention to mislead the Committee. Mr AJ apologised for his conduct and reiterated that he regretted the incidents that had happened and needed to return to work to support his family.

Mr AJ confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a Hackney Carriage Driver’s Licence not be renewed to Mr AJ as it was considered that he was not a fit and proper person in light of his failure to disclose a conviction on 14th January 2015 to the Committee he attended on 14th October, 2015.

Mr AJ was informed on his right to appeal the decision of the Committee.

37 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licence – Mr MRJ

A report of the Strategic Director Place was submitted on an application made on behalf of Mr MRJ for the grant of a Private Hire and Hackney Carriage Driver’s Licence.

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159 It was noted that Mr MRJ was not in attendance at the meeting, and notification of his non-attendance had not been received.

Resolved

That consideration of the granting of a Private Hire and Hackney Carriage Driver’s Licence issued to Mr MRJ be deferred to a future meeting of the Committee to enable Mr MRJ to attend.

38 Application for Grant of Private Hire and Hackney Carriage Driver’s Licence – Mr SAH

A report of the Strategic Director Place was submitted on an application made on behalf of Mr SAH for the grant of a Private Hire and Hackney Carriage Driver’s Licence.

Mr SAH was in attendance at the meeting together with his representative Mr Saleem. Mr SAH and his representative responded to questions asked of the Committee and referred specifically to the circumstances surrounding his offence and the circumstances which related to his failure to comply with the suspended sentence supervision order. Mr Saleem stressed Mr SAH deeply regretted the incidents that he had been involved in and which had had a detrimental impact on his life and that it was now his intention to turn his life around and start to earn a living.

Mr SAH confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a Private Hire and Hackney Carriage Driver’s Licence be granted and issued to Mr SAH for a period of twelve months.

39 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licence – Mr SS

A report of the Strategic Director Place was submitted on an application made on behalf of Mr SS for the grant of a Private Hire and Hackney Carriage Driver’s Licence.

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160 Mr SS was in attendance at the meeting and responded to questions raised by the Committee referring specifically to the circumstances relating to his convictions .

Mr SS confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a Private Hire and Hackney Carriage Driver’s Licence be granted and issued to Mr SS for a period of twelve months.

40 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licence – Mr AZ

A report of the Strategic Director Place was submitted on an application made on behalf of Mr AZ for the grant of a Private Hire and Hackney Carriage Driver’s Licence.

Mr AZ was in attendance at the meeting and responded to questions raised by the Committee referring specifically to the circumstances surrounding his convictions.

Mr AZ confirmed that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a Private Hire and Hackney Carriage Driver’s Licence be granted and issued to Mr AZ for a period of twelve months.

41 Application for Grant of a Private Hire Driver’s Licence

A report of the Strategic Director Place was submitted on an application made on behalf of Mr SI for the grant of a Private Hire Driver’s Licence.

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161 Mr SI was in attendance at the meeting and detailed an official complaint he had made to the Council with regards to the time it had taken to process his application. In reply, the Chair confirmed that he had been in consultation with Mr SI with regards to the complaint which had now been addressed and reminded the Committee that the application for consideration before the Committee was to consider a grant of a licence and not to consider the complaint Mr SI had made.

Mr SI then responded to questions raised by the Committee referring specifically to the circumstances surrounding his failure to declare his convictions on his application and failure to inform the Licensing Office of his change of address.

Mr SI confirmed that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a Private Hire Driver’s Licence be granted and issued to Mr SI for a period of twelve months.

The meeting ended at 7.10 p.m.

CHAIR

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162 Minutes of the Meeting of the Taxis Committee

Wednesday 9th November, 2016 at 5.30 p.m. in Committee Room 3 at the Council House, Dudley

Present:-

Councillor R Body (Chair) Councillors M Aston, A Goddard, A Millward, K Lewis, C Perks, G Simms and A Taylor.

Officers:-

S Smith – Licensing Manager, T Pearson and T Trickett – Licensing Enforcement Officers (All Place Directorate) and N Bangar – Solicitor and K Buckle – Democratic Services Officer (Chief Executive’s Directorate).

Also in Attendance

D Corbett – Senior Transport Officer – (People Directorate) – In relation to Agenda Item No. 12 – Review of a Private Hire and Hackney Carriage Driver’s Licence Mr ZM.

42 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors A Aston and A Hopwood.

43 Appointment of Substitute Member

It was noted that Councillors A Taylor had been appointed to serve as substitute member for Councillor A Hopwood for this meeting of the Committee only.

44 Declarations of Interest

Councillor A Millward declared a non-pecuniary interest in relation to Agenda Item No. 11 – Application for Grant of a Private Hire Vehicle Licence – Mr AH, as a local resident living within her Ward. Councillor A Millward withdrew from the meeting for consideration of this item.

45 Minutes

Resolved

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163

That the minutes of the meeting of the Committee held on 18th October, 2016, be approved as a correct record and signed.

46 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.

47 Application for Review of Private Hire and Hackney Carriage Driver’s Licence – Mr FA

A report of the Strategic Director Place was submitted on a review of the private hire and hackney carriage driver’s licence issued to Mr FA, in view of a complaint received as highlighted in the report submitted.

Mr FA was not in attendance at the meeting and notification and reason for his non-attendance had been received and was noted.

Resolved

That consideration of the review of the private hire and hackney carriage driver’s licence issued to Mr FA, be deferred to a future meeting of the Committee.

48 Application for Review of a Private Hire and Hackney Carriage Driver’s Licence – Mr MM

A report of the Strategic Director Place was submitted on a review of the private hire and hackney carriage driver’s licence issued to Mr MM, in view of complaints received as highlighted in the report submitted.

Mr MM was in attendance at the meeting with his father Mr GK and responded to Members questions in relation to the complaint and detailed the reasons why he could not have been within the vicinity of the alleged incident at the time that it had occurred.

Members considered a letter of a local resident in support of Mr MM which corroborated Mr MM’s evidence as to why he could not have been in the vicinity when the alleged incident had taken place.

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164 A witness outlined the details of the complaint and responded to Members questions.

Mr MM confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted, and as reported on at the meeting, it was determined that there was no case to answer.

49 Change in Order of Business

Resolved

That agenda item number 10 – Application for Grant of a Private Hire Driver’s Licence – Mr ZI be considered as the next item of business followed by agenda item number 9 and the remaining agenda items.

50 Application for Grant of a Private Hire Driver’s Licence – Mr ZI

A report of the Strategic Director Place was submitted on an application made on behalf of Mr ZI for the grant of a Private Hire Driver’s Licence.

Mr ZI was in attendance at the meeting together with his Solicitor, Mr Schiller.

Mr Schiller then made representations on behalf of his client, and in doing so provided further details in relation to Mr ZI’s driving history and the background details as set out in the report submitted, in order to provide further clarity.

Mr Schiller and Mr ZI responded to Members questions and in doing so Mr ZI confirmed that he intended to reside within the Dudley Borough and that there were no matters pending that Members needed to be made aware of.

Resolved

That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, a Private Hire Driver’s Licence be granted and issued to Mr ZI for a period of six months.

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165 51 Application for Review of a Private Hire Driver’s Licence – Mr SA

A report of the Strategic Director Place was submitted on a review of the private hire driver’s licence issued to Mr SA, in view of a Warning Notice issued by West Midlands Police.

Mr SA was in attendance at the meeting together with his Solicitor Mr Evans.

A witness provided details of the incident for which Mr SA had received the Warning Notice referred to above.

Mr Evans made representations on behalf of Mr SA and in doing so referred to Mr SA holding a Private Hire Driver’s Licence for a period of thirty four years, being a taxi driver within the Dudley Borough for the previous fifteen years.

The witness, Mr Evans and Mr SA responded to Members questions and in doing so Mr SA informed the Committee that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted, and as reported on at the meeting, Mr SA receive a warning as to his future conduct

(At this junction Councillor M Millward withdrew from the meeting and Councillor G Simms left the meeting)

52 Application for Grant of Private Hire Vehicle Licence – Mr AH

A report of the Strategic Director Place was submitted on the application made on behalf of Mr AH for the grant of a private hire vehicle licence.

Mr AH was in attendance at the meeting and responded to Members questions, making particular reference to the bespoke chauffeur service that he wished to offer to corporate clients, civic events and on special occasions. Mr AH informed the Committee that there were no matters pending.

Resolved

(1) That, following consideration of the information contained in the report submitted and as reported at the meeting, approval be given to the grant of a private hire vehicle licence with exemptions to Mr AH.

T/30

166 (2) That a special dispensation, in that the vehicle be exempt from having to display a plate roof signage and door signage and a dispensation in respect of the vehicle having manufactured tinted glass be approved.

(3) That Mr AH be required to display a small plate on the front interior of the vehicle together with a display badge to be worn by the driver at all times.

(At this juncture Councillor A Millward returned to the meeting)

53 Application for a Review of a Private Hire and Hackney Carriage Driver’s Licence – Mr ZM

A report of the Strategic Director Place was submitted on an application made on behalf of Mr ZM for the review of a Private Hire and Hackney Carriage Driver’s Licence.

Mr ZM was in attendance at the meeting and responded to questions asked by the Committee and in doing so provided a detailed account of the circumstances surrounding the incident that had occurred as referred to in the report submitted.

The Senior Transport Officer responded to questions asked by Members advising that Mr ZM would have completed Disability Awareness and Passenger Awareness training in 2004. Members noted that this training now had to be completed on a four yearly cycle together with additional training in relation to first aid and Child Protection.

Mr ZM informed the Committee that there were no matters pending.

Resolved

(1) That, following consideration of the information contained in the report submitted, and as reported on at the meeting, Mr ZM receive a warning as to his future conduct.

(2) Members recommended that Mr ZM complete all training as referred to by the Senior Transport Officer above.

The meeting ended at 7.25 p.m.

CHAIR

T/31

167 Minutes of the Meeting of the Cabinet

Wednesday 26th October, 2016 at 6.00 pm in Committee Room 2 at The Council House, Dudley

Present:

Cabinet Members

Councillor P Lowe (Leader – Chair) Councillor J Foster (Deputy Leader - Vice-Chair) Councillors K Ahmed, H Bills, I Cooper, R Harris, J Martin, G Partridge and D Sparks

Opposition Group Members Nominated to attend the Cabinet

Councillors N Barlow, S Clark, P Harley, I Kettle, A Millward and D Vickers (Conservative Group).

Councillor P Brothwood and D Perks (UKIP Group)

Officers

S Norman (Chief Executive), A Lunt (Strategic Director Place), T Oakman (Strategic Director People), I Newman (Chief Officer Finance and Legal Services), S Butcher (Chief Officer Children’s Services), M Farooq (Lead for Law and Governance), A Roberts (Planning Policy Manager) and M Johal (Senior Democratic Services Officer)

60 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors Q Zada, L Jones and K Shakespeare.

61 Change in Representation of Opposition Group Members

Councillor I Kettle attended as a substitute for Councillor L Jones.

62 Declarations of Interest

No Member made a declaration of interest in accordance with Members’ Code of Conduct in respect of any matter to be considered at this meeting.

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168

63 Minutes

Resolved

That the minutes of the meeting of the Cabinet held on 21st September, 2016, be approved as a correct record and signed.

64 Capital Programme Monitoring

The Cabinet considered a joint report of the Chief Executive and Chief Officer Finance and Legal Services on progress and proposed amendments to the Capital Programme.

Resolved

That the Council be recommended:

(1) That current progress with the 2016/17 Capital Programme, as set out in Appendix A, be noted and that budgets be amended to reflect the reported variances;

(2) That current progress with the most significant capital schemes, as set out in Appendix B, be noted;

(3) (a) That works to improve housing energy efficiency standards and reduce fuel poverty be included in the Home Improvement Programme;

(b) That the Strategic Director Place be authorised to continue discussions with energy service providers, government agencies such as the Homes and Communities Agency (HCA) and other organisations to bid for, and enter into any grant or funding agreements in respect of resources to supplement the capital programme; to enter into negotiations and/or seek tenders as appropriate to progress schemes;

(c) That the spend to be funded by any additional resources be added to the Capital Programme accordingly, as set out in paragraph 5 of the report submitted.

65 Approval of the Process for the Allocation and Expenditure of Monies Received from the Community Infrastructure Levy (CIL)

The Cabinet considered a report of the Strategic Director Place on the process for the allocation and spend of monies received through the Community Infrastructure Levy.

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169 A Member referred to the need for effective consultation to take place with Ward Members and requested that this stage of the process be incorporated prior to the Cabinet decision.

Resolved

That subject to the inclusion of a process for consultation with Members, prior to the Cabinet decision, the allocation and spend of monies received through the Community Infrastructure Levy, be approved.

66 Approval for Public Consultation of the Revised Dudley Community Infrastructure Levy Regulation 123 List

The Cabinet considered a report of the Strategic Director Place on the draft revised CIL Regulation 123 List to be used as a basis for public consultation commencing on 28th October, 2016 for a period of six weeks.

A Member referred to the Cot Lane open space and requested that consideration be given to replacing the play area at that site.

Resolved

That subject to the inclusion of Cot Lane to the Open Space, Sport and Recreation list, the draft revised Community Infrastructure Levy Regulation 123 List, to be used as a basis for public consultation to commence on Friday, 28th October, 2016 for a period of six weeks, be approved.

67 Corporate Parenting Strategy

The Cabinet considered a report of the Strategic Director People on the proposed Corporate Parenting Strategy.

Arising from the presentation of the report reference was made to employment and training and on the need to commission partners with a view to offering greater opportunities to looked after children. It was also suggested that consideration be given to communicating with regional Universities to gauge their interest on opportunities for looked after children with a view to working in conjunction with those establishments that showed a positive attitude.

Resolved

That the Corporate Parenting Strategy 2016 – 2018 be approved.

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170

68 Review of Housing Finance

The Cabinet considered a report of the Strategic Director Place and the Chief Officer, Finance and Legal Services on proposals for revisions to the Housing Revenue Account (HRA) budgets to reflect latest financial forecasts; Oak Lane and Lye Homeless Centre budgets to be transferred from the General Fund to the HRA; housing rents move, on a change in tenancy, to formula rent levels; the application of the Discretionary Housing Payments scheme; the potential implications of the Government’s “Pay to Stay” scheme for the HRA; revisions to the Public Sector Housing capital programme and the HRA’s 30 Year Business Plan.

During the presentation of the report the Cabinet Member for Housing referred to an amendment to include an additional recommendation to refer the report to the Place Scrutiny Committee, the Housing Board and to Dudley’s Federation of Tenants and Resident Associations (DFTRA).

Resolved

(1) That the Council be recommended to approve the revised Housing Revenue Account (HRA) budget for 2016-17, as referred to in paragraphs 9 and 10 and set out in Appendix 1 to the report;

(2) That the Council be recommended to approve the transfer of Oak Lane and Lye Homeless Centre budgets to the Housing Revenue Account, as referred to in paragraph 11 of the report;

(3) That housing rents move, on a change in tenancy, to formula rent levels as referred to in paragraphs 12 to 14 of the report;

(4) That the Council be recommended to approve the revised budget for the Housing Revenue Account contribution to Discretionary Housing Payments, and note the application of the policy for awards, as referred to in paragraphs 15 to 17 of the report;

(5) That the potential impact of the Government’s “Pay to Stay” (Higher Income Social Tenants) policy be noted and an update report on progress be submitted to the meeting of the Cabinet in February, 2017;

(6) That the Council be recommended to approve the revised Public Sector Housing capital programme for 2016-17 to 2020-21, as referred to in paragraphs 19 to 21 and set out in Appendix 2 of the report.

(7) That the Housing Revenue Account 30 Year Business Plan, as referred to in paragraph 22 and set out in Appendix 3 of the report, be approved.

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171 (8) That the report be referred to the Place Scrutiny Committee, the Housing Board and to Dudley’s Federation of Tenants and Resident Associations.

69 Annual Review of the Constitution

The Cabinet considered a report of the Lead for Law and Governance on the annual review of the Constitution.

Resolved

That the Council be recommended:

(1) That the portfolio of the Deputy Leader, as set out in Appendix 1 of the report, be approved;

(2) That the updated terms of reference of the Development Control Committee, as set out in Appendix 2 of the report, be approved.

(3) That the revised terms of reference of the Ernest Stevens Trusts Management Committee, as set out in Appendix 3 of the report, be approved.

70 Issues arising from Scrutiny Committees

No issues were raised under this agenda item.

71 Questions to the Chair under Cabinet Procedure Rule 2.5

No questions had been submitted under this agenda item.

The meeting ended at 6.30 p.m.

LEADER OF THE COUNCIL

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172 Minutes of the Meeting of the Cabinet

Thursday, 10th November, 2016 at 6.00 pm in Committee Room 2 at The Council House, Dudley

Present:

Cabinet Members

Councillor P Lowe (Leader – Chair) Councillor J Foster (Deputy Leader - Vice-Chair) Councillors K Ahmed, I Cooper, R Harris, J Martin, G Partridge and D Sparks

Opposition Group Members Nominated to attend the Cabinet

Councillors N Barlow, S Clark, P Harley, L Jones, I Kettle, A Millward and D Vickers (Conservative Group).

Councillor P Brothwood and D Perks (UKIP Group)

Officers

S Norman (Chief Executive), A Lunt (Strategic Director Place), T Oakman (Strategic Director People), I Newman (Chief Officer Finance and Legal Services), M Farooq (Lead for Law and Governance), R Cooper (Head of Financial Services) and M Johal (Senior Democratic Services Officer)

72 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors H Bills, Q Zada and K Shakespeare.

73 Change in Representation of Opposition Group Members

Councillor I Kettle attended as a substitute member for Councillor K Shakespeare.

74 Declarations of Interest

No Member made a declaration of interest in accordance with Members’ Code of Conduct in respect of any matter to be considered at this meeting.

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173

75 Minutes

Resolved

That the minutes of the meeting of the Cabinet held on 26th October, 2016, be approved as a correct record and signed.

76 Medium Term Financial Strategy

The Cabinet considered a report of the Chief Executive and Chief Officer Finance and Legal Services on the latest General Fund revenue position for 2016/17and provisional Medium Term Financial Strategy to 2019/20. The savings proposals contained within the report would be the subject of public consultation and considered by Scrutiny Committees before returning to Cabinet in February and to full Council for a final decision in March, 2017.

It was noted that proposals about the Council Tax Reduction scheme had already been through public consultation and scrutiny and a final decision would be made by full Council in December, 2016. Proposals in relation to the severance scheme and the management of redundancies would be consulted on with the unions before a final decision by the end of November, 2016.

Arising from a question and answer session it was agreed that a response would be provided on the Combined Authority to explain the difference in the reduction in levy of 2.6% over the next two years given that the rates had previously been agreed at 7.5% over three years.

Figures on Council Tax collection and slippage rates were also requested.

Resolved

(1) That the actions of the External Auditors, as set out in paragraphs 5 and 6 of the report, be noted.

(2) That the forecast variances to the budget in 2016/17, as set out in paragraphs 7 to 13 of the report, be noted.

(3) That the submission of interest in accepting a guaranteed minimum level of funding up to 2019/20, as set out in paragraph 16 of the report, be noted.

(4) That the current and potential future funding arrangements for the Combined Authority, as set out in paragraphs 29 to 32, be noted.

(5) That the various issues and risks which will need to be taken into account in finalising budget proposals for 2017/18, and the Medium Term Financial Strategy, be noted.

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174 (6) That the preliminary financial strategy, as outlined in the report, be approved as a basis for scrutiny and consultation.

(7) That the proposed process to identify services to be funded from the Public Health Grant, as set out in paragraph 40, be approved.

(8) That the revised arrangements for discretionary severance payments and the proposed changes to the Council’s Managing Employees at Risk of Redundancy policy and associated procedures, as set out in paragraphs 42 and 43 of the report, be approved as a basis for consultation with unions, prior to a final decision by the Chief Officer Corporate Transformation and Performance, following consultation with the Cabinet Member and Opposition Spokesperson for Corporate Transformation and Performance, by no later than 30th November, 2016.

That the Council be recommended:

(9) That “Option 2” be approved as a change to the Council Tax Reduction (CTR) scheme for 2017/18, this option being an increase in the minimum payment of Council tax from 20% to 22%;

(10) That approval be given to the proposal to document the CTR scheme in such a manner that any personal allowances, premiums, disregards and non-dependent deductions are automatically linked to equivalent annually up-rated values published by central government in either Housing Benefit Legislation or the prescribed Council Tax Reduction Scheme for pensioners (including any other miscellaneous amendments to the aforementioned legislation that are relevant to our local scheme) be approved, thus allowing any approved scheme locally to be automatically carried forward to future years, without the need for annual public consultation and re- approval, until such time that further scheme changes are considered.

(11) That the delegation for approval of voluntary and compulsory redundancies to the Chief Officer Corporate Transformation and Performance, following consultation with the Cabinet Member for Corporate Transformation and Performance, be agreed up to the maximum provided for in the budget forecasts for direct redundancy costs and the capitalised cost of pension strain, in respect of redundancies required to achieve the proposed savings set out in the report.

(12) That the initial Flexible use of Capital Receipts Strategy, as set out in Appendix E to the report, be approved.

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175 77 Implementing the Devolution Agreement – Mayoral Combined Authority Functions

The Cabinet considered a report on implementing the Devolution Agreement – Mayoral Combined Authority Functions

Resolved

That, subject to the receipt of the draft statutory Order from the Department for Communities and Local Government and to the consideration of any matters arising, a report be submitted to the Council on 5th December, 2016 recommending:-

(a) That consent be given to the draft Mayoral West Midlands Combined Authority Order to be laid in Parliament;

(b) That approval of any minor and drafting amendments to the Order to be delegated to the Chief Executive, following consultation with the Leader.

78 Issues arising from Scrutiny Committees

No issues were raised under this agenda item.

79 Questions to the Chair under Cabinet Procedure Rule 2.5

No questions had been submitted under this agenda item.

The meeting ended at 6.20 p.m.

LEADER OF THE COUNCIL

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176 1. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Pedmore & Stourbridge East

Date of Decision 03 October 2016 Reference PLA/34/2016

Safer Routes to School Scheme for Oldswinford C of E Primary School

That the Safer Routes to School Scheme for Oldswinford C of E Primary School, which includes the Borough Council of Dudley (Swinford Road and surrounding streets, Oldswinford) (20mph Speed Limit) (No. 3 Order Type) (Stourbridge Area) Order 2016, the Borough Council of Dudley (Swinford Road and surrounding streets, Oldswinford) (Prohibition of Waiting) (No. 3 Order Type) (Stourbridge Area) Order 2016 and vertical traffic calming be made in the amended form shown on drawing HT 4092A attached as Appendix A2.

2. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 17 October 2016 Reference PLA/36/2016

Suspension of Car Park Charges - Christmas 2016

That the Council suspend parking charges on the 10th, 17th, 24th December 2015 on all Council controlled car parks and that the Strategic Director, Place be authorised to also suspend parking charges on one late shopping night in November/December 2016, in each of the centres following liaison with local traders.

3. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Quarry Bank & Dudley Wood

Date of Decision 17 October 2016 Reference PLA/35/2016

Allocation of New Road Name off Saltwells Lane, Netherton

That two roads identified on Plan No. T&T/D/RN/215 are named Doultons Meadow and Daphne Pool Close.

177 4. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services Councillor John Martin, Cabinet Member for Corporate Transformation and In Consultation With TonyPerformance Oakman, Strategic Director People Adrian McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 06 October 2016 Reference PPL/36/2016

To seek authority to commence the YOT Service Transformation required as a results of reductions in grant

A decision has been made by the People Directorate to combine the roles of the reparation coordinator and the resettlement and aftercare worker to achieve savings required as a result of reductions in the Youth Justice Board’s good practice grant

This decision sheet is seeking approval to:

1. commence consultation with affected staff within the Youth Offending Service and recognised Trade Unions

2. Proceed with redundancies as appropriate in line with HR policies and procedures.

3. Fund the cost of redundancies from the Central Redundancy Budget due to central government grant fallout.

5. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Brierley Hill

Date of Decision 06 October 2016 Reference PPL/35/2016

To seek authority to close Parkes Street Children’s Home, Parkes Street, Brierley Hill and to declare the premises surplus to requirements by People Directorate

A decision is sought by People Directorate to close Parkes Street Children’s Home This decision sheet is seeking approval to carry out the following tasks;

1. Cease all operations in relation to children’s residential care at Parkes Street, Brierley Hill.

2. Declare the building surplus to requirements to Corporate Landlord Services.

3. Commence consultation with staffing and recognised Trade Unions across residential services and proceed with redundancies as appropriate in line with HR policies and procedures.

178 6. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Pedmore & Stourbridge East Wollaston & Stourbridge Town Norton Date of Decision 24 October 2016 Reference PPL/37/2016

Academy Order for Hob Green Primary School

The Secretary of State for Education has issued an Academy Order for Hob Green Primary School to open as an Academy from 1st October 2016 with drb Ignite.

In order for Hob Green Primary School to convert to academy status the Council is required to carry out a number of tasks to facilitate the conversion. This decision sheet is seeking approval to carry out these tasks; 1. Approve the signing of a Commercial Transfer Agreement which transfers assets from the Council to the academy trust. 2. Approve the Council entering into a lease for the site. 3. Approve the TUPE transfer of personnel from the employ of the Council to the employ of the academy trust, under the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE) 4. Approve the making of any other agreements to facilitate the transfer.

179 7. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Halesowen South Halesowen North Date of Decision 24 October 2016 Reference PPL/41/2016

Academy Order for Leasowes High School

The Secretary of State for Education has issued an Academy Order for Leasowes High School to open as an Academy from 1st December 2016. Leasowes High School has chosen to join Invictus Academy Trust. This was due to complete in November – However the Academy Trust requested that the conversion date was delayed.

In order to facilitate this change in school status, permission is sought to enter into a Commercial Transfer Agreement; to note that staff to be transferred into the employ of the academy trust under the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE) are employed by the School’s governing body and there are no staff employed by the Council.

In order for Leasowes High School to convert to academy status the Council is required to carry out a number of tasks to facilitate the conversion. This decision sheet is seeking approval to carry out these tasks;

1. Approve the signing of a Commercial Transfer Agreement which transfers assets from the Council to the academy trust. 2. Act on behalf of the school to assist in the transfer of personnel from the employ of the School to the employ of the Academy trust. 3. Approve the transfer of lands from the Council to the Academy Trust. 4. Approve the ending of the Tenancy Agreements with regards to the Caretaker’s properties. 5. Approve the making of any other agreements to facilitate the transfer.

8. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 14 November 2016 Reference PPL/40/2016

Dudley Schools Forum School Member Appointments

In respect of Dudley Schools Forum, to approve the appointment of four Schools Members and one Non School Member from 1st November 2016.

180 9. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Halesowen North

Date of Decision 14 November 2016 Reference PPL/39/2016

Removal of the Peoples Field Trust between Halesbury Special School and Sutton Special School

In order for The Peoples Field Trust comprising of Halesbury School and to be dissolved, the Council is required to ensure that any land transfer is not detrimental to use by neighbouring schools and the Council must carry out a number of tasks to facilitate this. This decision sheet is seeking approval to carry out the following tasks;

1. Approve the signing of an agreement that ensures the Peoples Field Trust is dissolved. 2. To approve the Council entering into a Licence to Occupy Agreement as attached in Appendix 1 to ensure that the school playing field on land in between Halesbury School and Hurst Green Primary School as shown on Plan Appendix 2 remains under the control of the Council for the benefit of the Council.

3. To approve the transfer of land shown on Plan Appendix 3 is reverted back to the Governing Body of Sutton School upon the Trust dissolving.

4. To approve that the transfer of land shown on Plan Appendix 4 is reverted back to the Governing Body of Halesbury Special School upon the Trust dissolving.

5. To approve the making of any other agreements to facilitate the transfer.

181 10. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Peter Lowe X Authorised By Councillor Gaye Partridge, Cabinet Member for Housing In Consultation With Mark Rodgers, Chief Officer Housing Ward(s) Affected All

Date of Decision 17 October 2016 Reference CEX/10/2016

Housing Estates and Communities – Staffing Issues

To create and recruit, delete from establishment or convert temporary posts to permanent posts in the Housing Anti Social Behaviour (ASB) Team as follows:

• To create and recruit to Assistant Team Manager (ASB) • To convert and recruit 2 temporary ASB Officer Posts to Permanent • To convert and recruit 1 temporary Housing Management Assistant (ASB) to permanent and create and recruit to an additional 2 posts. • To delete from establishment 0.6 Administration Officer within the ASB team • To delete from establishment 1 Senior Concierge Post • To create and recruit 1 Concierge Post • To create and recruit 1 Senior Housing Fraud Officer post • To convert 1 temporary Housing Fraud Officer post to permanent and to create and recruit 1 additional post • To create and recruit 1 Housing Management Assistant (Fraud) post

See Appendix 1 to show current and proposed structure charts.

11. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Peter Lowe X Authorised By Councillor Peter Lowe, Cabinet Member for Policy and Leader of the Council Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic In Consultation With IainDevelopment Newman, Chief Officer Finance and Legal Services Alan Lunt, Strategic Director Place Ward(s) Affected Castle & Priory

Date of Decision 19 October 2016 Reference PLA/37/2016

Land Off Tipton Road - Proposed Travelodge Development

1.1 Grant Authority for officers to enter into agreements to dispose of the freehold of the Council's land at Tipton Rd and upon completion of the development of a 78 bed hotel to take a 25 year lease of the building and grant a subordinate lease of 25 years less 1 day to Travelodge Ltd.

1.2 Include the lease of the building to the Council, and the construction of the access road, in the Council’s Capital Programme.

182 12. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Peter Lowe X Authorised By Councillor Peter Lowe, Cabinet Member for Policy and Leader of the Council In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected All

Date of Decision 21 October 2016 Reference CEX/11/2016

100% Business Rate Retention Pilot

1.1 To participate in a West Midlands 100% Business Rate Retention Pilot from April 2017 on a no detriment basis.

1.2 To authorise the Chief Officer Finance and Legal to finalise detailed arrangements.

13. Delegated Decision Summary Exempt Yes No Decision Made By Councillor John Martin X Authorised By Councillor John Martin, Cabinet Member for Corporate Transformation and In Consultation With AdrianPerformance McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 24 October 2016 Reference CEX/12/2016

Restructure of Tiers 5 & 6 – Housing Maintenance Management Team

To approve the restructure of Tiers 5 & 6 – Housing Maintenance Management Team

14. Delegated Decision Summary Exempt Yes No Decision Made By Councillor John Martin X Authorised By Councillor John Martin, Cabinet Member for Corporate Transformation and In Consultation With AdrianPerformance McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 08 November 2016 Reference CEX/13/2016

Community Falls Advisor Post x 2

Approval to create & appoint 2 new Community Falls Advisor Posts

183