Barry Davies LL.B (Hons) Solicitor/Cyfreithiwr Head of Legal and Democratic Services Pennaeth Gwasanaethau Cyfreithiol a Democrataidd
TO: ALL MEMBERS OF THE COUNCIL Your Ref / Eich Cyf Our Ref / Ein NG Cyf Date / Dyddiad 24/03/2009 Ask for / Mike Thomas Gofynner am Direct Dial / 01352 702324 Rhif Union Fax / Ffacs
Dear Sir / Madam,
A meeting of the FLINTSHIRE COUNTY COUNCIL will be held in the COUNCIL CHAMBER, COUNTY HALL, MOLD on TUESDAY, 31 MARCH 2009 at 14:00 to consider the following items.
Yours faithfully
Assistant Director (Democratic Services)
A G E N D A
1. PRAYERS
2. APOLOGIES FOR ABSENCE
3. UNVEILING OF PORTRAIT OF SIR HERBERT LEWIS To unveil a portrait of Sir Herbert Lewis, the first Chairman of the original Flintshire County Council
4. AWARDS a) Trinity Mirror Awards i - St. Richard Gwyn High School, Flint (Young Persons Category) ii - Castell Alun High School, Hope (Schools Category)
County Hall, Mold. CH7 6NA Tel. 01352 702400 DX 708591 Mold 4 www.flintshire.gov.uk Neuadd y Sir, Yr Wyddgrug. CH7 6NR Ffôn 01352 702400 DX 708591 Mold 4 www.siryfflint.gov.uk
The Council welcomes correspondence in Welsh or English Mae'r Cyngor yn croesawau gohebiaeth yn y Cymraeg neu'r Saesneg 1 Flintshire County Council
b) Excellence Wales
i - Our Citizens and Community The Council was commended in this section
ii - Our Authority - Transforming our Organisation Category The Council was highly commended in this section
c) Flintshire Excellence Awards
5. FLINTSHIRE LOCAL VOLUNTARY COUNCIL To receive a presentation by Mr Kieron Duff the Chief Officer of Flintshire Local Voluntary Council
6. PUBLIC QUESTION TIME
7. COUNCIL MINUTES To confirm as a correct record the minutes of the meetings held on 2 December 2008 and 17 December 2008 (copies enclosed)
8. DECLARATIONS OF INTEREST To receive any Declarations of Interest from Members
9. NOTICE OF MOTION None received
10. CHAIRMAN'S COMMUNICATIONS
11. PETITIONS
12. QUESTIONS FROM MEMBERS ON COMMITTEE MINUTES The Minute Books, Editions 3, 4 & 5 have been circulated to Members. Members are now entitled to ask questions on these minutes, subject to certain limitations and answers will be provided at the meeting. Members are requested to bring to the meeting their copy of the Minute Book. Any questions must be received by the Assistant Director (Democratic Services) prior to close of business on Wednesday 25 March 2009
13. NHS REFORM IN WALES Report of Chief Executive and Director of Community Services enclosed
14. REVIEW OF ELECTORAL ARRANGEMENTS Flintshire is due for a periodic review of its electoral arrangements to be conducted by the Local Government Boundary Commission for Wales. The review will begin shortly. A circular letter is being distributed to elected Members and interested parties to explain the scope, process and timetable for the review. Public notices inviting comment are also being published. A short verbal report will be made at the meeting
15. REVISED DELEGATION SCHEME & TIMES OF COUNCIL AND COMMITTEE MEETINGS Report of Head of Legal and Democratic Services enclosed
2 Date: 24/03/2009 Flintshire County Council
16. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES (ALCOHOL CONTROL ZONES) Report of Head of Legal and Democratic Services enclosed
17. SCHOOL ADMISSION ARRANGEMENTS 2010 Report of Director of Lifelong Learning enclosed
18. PRUDENTIAL INDICATORS 2009/10 TO 2011/12 Report of County Finance Officer enclosed
19. CLWYD PENSION FUND UPDATE Report of Head of Finance (Treasurer and Administrator to the Fund) enclosed
20. QUESTIONS To note the answers to any questions submitted in accordance with County Council Standing Order No. 9.4(A)
21. SEALING OF DOCUMENTS (A) To authorise the Chairman and Vice-Chairman, the Head of Legal and Democratic Services Officer and Principal Solicitors to affix the Common Seal of the County Council between meetings of the County Council
(B) To note the Action of the Chairman and Vice-Chairman, the Head of Legal and Democratic Services Officer and Principal Solicitors in affixing the Common Seal of the County Council as set out in the Seal Register No. 11556 - 11586
22. LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 - TO CONSIDER THE EXCLUSION OF THE PRESS AND PUBLIC The following item is considered to be exempt by virtue of paragraphs 12 and 15 of Part 1 of Schedule 12A of the Local Governemnt Act 1972 (as amended)
23. SINGLE STATUS PROGRESS REPORT A report of the Chief Executive will follow under seperate cover on the grounds of confidentiality
3 Date: 24/03/2009 FLINTSHIRE COUNTY COUNCIL 2nd DECEMBER 2008
Minutes of a Special Meeting of Flintshire County Council held in County Hall, Mold held on Tuesday, 2nd December 2008.
PRESENT:
Councillor: Q.R.H. Dodd (Chairman) Councillor: C. Legg (Vice-Chairman)
Councillors: L.A. Aldridge, K. Armstrong-Braun, J.B. Attridge, S.R. Baker, D. Barratt, G.H. Bateman. R.C. Bithell, C.S. Carver, E.G. Cooke, R. Davies, C.J. Dolphin, B. Dunn, Mrs C.A. Ellis, E.F. Evans, J.E. Falshaw, Ms V. Gay, F. Gilmore, R.J.T. Guest, R.G. Hampson, G. Hardcastle, P.G. Heesom, M. Higham, R. Hughes, H.D. Hutchinson, Mrs C.M. Jones, R.B. Jones, Mrs S. Jones, D.I Mackie, Mrs D. L Mackie, Mrs N.M. Matthews, Mrs A. Minshull, W. Mullin, E.W. Owen, M.J. Peers, N. Phillips, M.A, Reece, H.G. Roberts, I.B. Roberts, L.A. Sharps, A.P. Shotton, N.R. Steele-Mortimer, Mrs C.A. Thomas, D.E. Wisinger, A. Woolley, M.G. Wright and Ms H. Yale.
APOLOGIES:
Councillors: D.L. Cox, P.J. Curtis, Mrs A.J. Davies-Cooke, Mrs R. Dolphin, Miss A.M. Halford, Mrs C. Hinds, Mrs N. Humphreys, G. James, R. Johnson, R.P. Macfarlane and P.R. Pemberton.
IN ATTENDANCE:
Chief Executive, Director of Community Services, Director of Environment, Director of Lifelong Learning, County Legal and Democratic Services Officer, County Finance Officer, Head of Overview and Scrutiny and Head of Committee, Members and Electoral Services.
80. PRAYERS
The Reverend Martin Bachelor conducted prayers at the commencement of the meeting.
81. DECLARATIONS OF INTEREST
No declarations of interest were made.
82. COUNCIL MINUTES
RESOLVED:
(a) That the minutes of the meeting held on 28th November, 2008 be approved as a correct record and signed by the Chairman.
4 (b) That the minutes of the meeting held on 6th November, 2008 be approved as a correct record and signed by the Chairman.
MATTER ARISING:-
Members Present
Councillor Robin Baker said that he was present at the meeting and wished for this to be recorded and Councillor D. Wisinger had submitted an apology and asked for this to be recorded.
83. AWARDS
Tidy Wales Award 2008
The Chairman was pleased to invite colleagues who had won awards to this meeting of the County Council and on behalf of Members he congratulated both winners.
Large Partnership Award Category
The Chairman presented Mr Dave Faulkner and Mr Mike Taylor representing Countryside Services who had won the award for the Big Dee Day and made reference to the event which had seen volunteers cleaning the coastline from Talacre to Chester.
Schools Category
The Chairman presented the award to representatives of Hawarden High School which had won the award for their Dell project. There had been 250 school applications for this award and he paid tribute to the staff and pupils on this achievement.
Councillor L.A. Sharps said that he had been present at the presentation of the awards in Cardiff and paid tribute to the excellent work undertaken by the Countryside Services Team and the Hawarden High School. He also thanked the Chairman for allowing the presentations to be made at this Council meeting.
Councillors N.R. Steele-Mortimer and K. Armstrong-Braun both endorsed the comments made and expressed their appreciation of the work undertaken on both schemes.
84. COMMUNITY SAFETY AND POLICING
The Chairman welcomed Chief Superintendent Ruth Purdie to the meeting and the Chief Executive explained that she would be giving a presentation on the work and priorities of the Community Safety Partnership, the Policing Green Paper and the Government “Contest” Anti-Terrorism Strategy.
5
Chief Superintendent Purdie thanked the County Council for its invitation to make a presentation at this meeting which she understood was the first to be made by North Wales Police to a formal Council meeting. The presentation made reference to the work and priorities of the Community Safety Partnership and outlined the key issues. This included the environmental audits, communications, and the facilities that were made available on the Police Authority website, community engagement, dangerous persons, vulnerable people, problem solving activity, Police Community Support Officers and overall quality of service and community activity.
Chief Superintendent Purdie then referred to counter-terrorism and the North Wales perspective of the Wales Extremism and Counter-Terrorism Unit and the collaboration between the four Welsh Police Authorities. The information provided in the presentation was restricted and she was only able to make reference to information that was currently in the public domain. As a result of the bombings in London on 7th July 2005 the situation had changed significantly in the United Kingdom and she emphasised the importance of community policing to gain information as activity and risks in the community. The “Contest” Strategy comprised the four Ps of Prevent, Protect, Pursue and Prepare and she gave further information on each of these categories which were linked by a common thread of community intelligence.
In conclusion, the Chief Superintendent referred to the Policing Green Paper on which the Community Safety Partnership had submitted a response and she outlined the key areas.
At the conclusion of the presentation Members were given the opportunity to raise questions and a number of points were raised. These included the proposals in the Police Green Paper which included potential changes to the membership of Police Authorities. A number of Members expressed concern on this proposal and the impact it would have on elected member representation. A number of Members made reference to neighbourhood policing and to what they considered to be the high turnover of Community Beat Managers, particularly in the rural areas, and to the large geographical areas that the Officers had to deal with. Councillor K. Armstrong-Braun also referred to drug problems in the locality and made reference to difficulties experienced by members of the public and the call centre system that was in operation.
Chief Superintendent Purdie responded to the issues raised and agreed to investigate specific issues. On the difficulties referred to on public contact and the call centre she asked the Member to provide details of these particular instances which would be investigated; she also offered the Member the opportunity to visit the call centre which was considered to be the best in the United Kingdom. On the issues of drugs she again asked the Member to provide evidence to substantiate his claims and these would be investigated. In response to Councillor Aldridge who had also asked for these claims to be substantiated on this issue she said she would attend a meeting of Flint Town Council if invited.
6
In conclusion, the Leader of the Council thanked the Chief Superintendent for her attendance at the meeting and referred to the WLGA’s response on the Green Paper which was robust and had incorporated all the Council’s concerns and he looked forward to receiving the White Paper. In this regard, the Chief Executive referred to the Community Safety Partnership in the Green Paper response which expressed concern on the governance issues in the Green Paper and had supported the need to protect the role of the elected Member. The Council also supported the response of the Welsh Local Government Association (WLGA) on the Green Paper.
85. ANNUAL LETTER FLINTSHIRE COUNTY COUNCIL 2007/08
The Chief Executive introduced a report the purpose of which was to present to the County Council the annual letter of the Appointed Auditor and Relationship Manager which summarised the work of the Wales Audit Office (WAO) and Pricewaterhousecoopers (PWC) during 2008. He then introduced the Relationship Manager Mr Alan Morris of WAO and Mr David Newman of PWC who would give a short presentation on the annual letter.
Mr David Newman referred to the summary and to the reference that that it had not been possible to conclude the audit opinion on the Council’s accounts as due to the outstanding A.D. Waste Ltd annual accounts and the transfer of operations to the Council preventing the company’s auditors from reaching an opinion on its accounts. He was pleased to report that ADW’s Auditors had now provided an opinion and it was expected that the Council’s accounts would be signed off within the next few days. He also made reference to the Council’s Improvement Planning arrangements which had complied with statutory requirements and to areas where further work was required. The Council also had satisfactory arrangements in 2007/08 to assist it achieve economy, efficiency and effectiveness in issues of resources. He also noted that he Council faced potential difficulty and delay in recovering its investments of £3.7m in Landsbanki, the Icelandic bank but commented that the investments were consistent with the Treasury Management policy in operation at the time and only formed a modest proportion of the total value of the Council’s investment as at 31st March 2008.
The Relationship Manager, Mr Alan Morris, referred to the Annual Joint Risk Assessment arrangement which had improved significantly and there was now a clear mechanism in place. The first phase of the Council’s organisational transformation had been completed in line with the original plan, time frame and within budget. There was a clear positive message on the progress being made and there was still more work to be undertaken on phase two and the lower management tiers. The urgency of the housing strategy situation had been noted together with the extension of time granted by the Minister to March 2009 and this needed to be continued as a priority. Progress continued to be made with changes to the structure, management and working practices within the Planning and Development Control section and some of the intended enhancements were to be completed. The new
7 integrating HR/Payroll system when fully operational would provide enhanced management information on a range of HR issues.
The Chief Executive thanked David Newman and Alan Morris for their presentation and explained that the process of the annual letter drafting had been a challenging one. He thanked the Audit Committee for its consideration at the meeting held on 27th November and the annual letter represented a constructive and positive response which recognised progress made in 2007/08. There were a number of points which were not reflected in the letter which included organisational change, where it had not been recognised that services had been protected during the period of interim arrangements, a testament to the Officers and Members. There was no detailed reference to the economic downturn which would be the greatest financial pressure on the Council. The work undertaken on the Medium Term Financial Strategy to date had not been specifically recognised and a number of business process changes.
Reference was made to the housing strategy. A Special Meeting of the County Council would be held in January 2009 at which a decision on the way forward would be required. In regard to Planning and Development Control, the Planning Protocol Working Group was to be reconvened and the HRMIS system had been implemented in November with only minor operational issues. The contractor report had only just been completed and this would be considered by the Audit Committee and Executive in the New Year.
The County Finance Officer referred to the A D Waste accounts which had now been signed off by the company’s auditors Deloittes the previous day. In making reference to the Council’s accounts and the complex/technical process that was required she expressed an appreciation of the Member input and paid credit to the Officers in her own department and service departments who had been involved in closing the accounts for 2007/08.
Councillor I.B. Roberts, as Chairman of the Audit Committee referred to the full debate on the Annual Letter which had taken place at the Committee on 27th November, 2008 and made particular reference to the Annual Performance Report which commented that the Council was ranked as the fourth highest performing authority in Wales. He thanked everyone involved in the process. The Audit Committee had resolved that the Committee was satisfied that the letter presented a fair and balanced picture, that the Committee was satisfied with the response that the Council had made and the progress outlined in the letter and had noted the positive comments on performance and the acceptance of challenges. He duly moved these recommendations and this was seconded by the Vice-Chairman of the Audit Committee.
The Chief Executive responded to questions raised by Members and the letter recognised the Council’s performance in relation to other Welsh Local Authorities. On the issue of partnership with other Local Authorities and the reference made to the former Wirral and North Wales Purchasing Organisation. He explained that this was the only notable joint venture that
8 had failed in North Wales as a result of particular circumstances at that time. The Relationship Manager emphasised the benefits that could be achieved through such joint arrangements and whilst such arrangements could bring benefits there was a need to consider the risks and to ensure that the partnership delivered what was intended. This was a real challenge for North Wales but the initial signs were very positive.
The Chief Executive then referred to a question regarding the current housing review and confirmed that the Deputy Minister had originally agreed to an extension of time to December 2008. However, following a recent meeting of the Housing Strategy Review Board, the Minister had been asked to allow the Council a further extension of time to complete the business case for a partial transfer option. A potential further three months extension to 31st March 2009 had been agreed by the Deputy Minister. A Special Meeting of the County Council was to be held in January when consideration would be given to a business plan being capable of completion within the three months extension, dependent in the viability of a partial transfer model. A request to the Minister was made on the strict basis that the Council fully accepted that should partial transfer options prove, with external validation, to be unfeasible, the Council, at the January meeting, would have no option but to formally accept that it must move to ballot on a full transfer model.
RESOLVED:
That the report and recommendations of the Audit Committee held on 27th November, 2008 be noted.
86. NOTICE OF MOTION
Procurement of Products and Services from Local Suppliers
The following Notice of Motion had been received from Councillor M. Wright:-
“That this Council should increase the number of local suppliers it procures products and services from and that we should settle payment for those services, where that business has less than 250 employees (i.e. it is a small business), within 15 days maximum.”
Councillor Wright formally proposed the motion and this was duly seconded. In speaking to his motion, Councillor Wright referred to the current difficulties of the economy and his motion was intended to assist local businesses with their cash flow.
Other Members spoke in support of the motion making reference to the difficulties that small companies had in getting on the Council’s contractor list but also recognising the need to ensure that services were sustainable in the long term.
9 Councillor A.P. Shotton said that whilst accepting the principle of the Notice of Motion and the need for expedient payment of invoices, questioned whether it was correct for the County Council to be considering such a change to policy as this was covered by the Council’s financial regulations and standing orders. Councillor R.C. Bithell also referred to previous consideration that had been given to try and procure supplies from local businesses which had not always proved possible and this needed further investigation.
Councillor R. Baker proposed an amendment to the Notice of Motion that the addition of “wherever possible and practical” be inserted after the first word “That” and this was seconded. Councillor M. Wright with the agreement of his seconder, agreed to accept the suggested amendment.
The Chief Executive referred to Councillor Shotton’s comments on determining policy and confirmed that it was not possible to agree an amended policy without giving the matter further exploration. He referred to the existing practice of maximising performance on paying invoices within 30 days, with the exception of disputed invoices, but noted there were Government proposals to reduce this to 10/15 days. The Council also had a procurement strategy and its provisions would need to be revisited.
The County Finance Officer said work would be required on the detailed implementation of the Notice of Motion. She also referred to the Welsh Assembly Government which was looking at reducing the timescale for payment of invoices. Such a proposal would present cash flow implications for Local Authorities with cash being moved out of the Authority more quickly and there was currently consultation on whether the Revenue Support Grant would be paid quicker by the Welsh Assembly Government to compensate Councils. There was a meeting of Welsh Finance Directors the following day and this would be considered at that meeting.
The County Legal and Democratic Services Officer referred to EEC directives and new regulations and at the meeting of the County Council on 28th October, 2008 agreement had been made on the recommendations of the Constitution Committee which included a review of the contract procedure rules.
The Council then considered the Notice of Motion as amended, and on being put to the vote it was duly carried.
RESOLVED:
That wherever possible and practical, this Council should increase the number of local suppliers it procures products and services from and that we should settle payment for those services, where that business has less than 250 employees (i.e. it is a small business), within 15 days maximum.
10 87. SPECIAL MEETING OF THE COUNTY COUNCIL ON 17TH DECEMBER, 2008
The Chief Executive reported that a Special Meeting of the County Council was to be held on 17th December, 2008 to consider Single Status and the recommended employer position and pay model. This was an important matter for the Council’s consideration and Member’s attendance was emphasised. It was also intended to offer a number of workshops and individual briefings to allow Members to understand the issues of Single Status and the pay model.
Councillor B. Attridge referred to an Allocations Workshop that was to be held at Theatre Clwyd on 17th December, 2008 for which he had recently received notification, which would clash with the Council meeting. The Director of Community Services agreed to reschedule the Allocations Workshop.
RESOLVED:
That the information provided by the Chief Executive and the reasons for the Special County Council meeting to be held on 17th December 2008 at 2pm, be noted.
88. DURATION OF MEETING
The meeting commenced at 2pm and finished at 4.30pm.
89. MEMBERS OF THE PRESS AND PUBLIC PRESENT
There was one member of the press in attendance.
……………………………….. Chairman
11
SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT
FLINTSHIRE COUNTY COUNCIL DATE: 2nd DECEMBER 2008
MIN. NO. MEMBER ITEM REFERS
NO DECLARATIONS WERE MADE
12 FLINTSHIRE COUNTY COUNCIL 17TH DECEMBER 2008
Minutes of a Special Meeting of Flintshire County Council held in County Hall Mold on Wednesday 17th December 2008.
PRESENT:
Councillor: Q.R.H. Dodd (Chairman) Councillor: C. Legg (Vice-Chairman) Councillors: L. A. Aldridge, K. Armstrong-Braun, J. B. Attridge, S. R. Baker, D. Barratt, G. H. Bateman, R. C. Bithell, C. S. Carver, Mrs. J. C. Cattermoul, E. G. Cooke, D. L. Cox, P. J. Curtis, Mrs. A. J. Davies-Cooke, C. J. Dolphin, B. Dunn, E. F. Evans, J. E. Falshaw, F. Gilmore, R. J. T. Guest, Miss A. M. Halford, R. G. Hampson, G. Hardcastle, P. G. Heesom, H. T. Howorth, R. Hughes, G. James, Mrs. C. M. Jones, Mrs N. M. Jones, Mrs. S. Jones, R. P. Macfarlane, D. I. Mackie, Mrs. D. L. Mackie, Mrs N. M. Matthews, Mrs. A. Minshull, W. Mullin, E. W. Owen, M. J. Peers, P. R. Pemberton, N. Phillips, I. B. Roberts, A. P. Shotton, Mrs C. A. Thomas, D. E. Wisinger and A. Woolley.
APOLOGIES:
Councillors: Mrs. R. Dolphin, Mrs. C. A. Ellis, Miss E. V. Gay, M. Higham, Mrs. N. Humphreys, H. D. Hutchinson, H. T. Isherwood, R. B. Jones, Mrs. H. J. McGuill, M. A. Reece, H. G. Roberts, N. R. Steele-Mortimer and Ms H. Yale.
IN ATTENDANCE:
Chief Executive, Director of Community Services, Director of Lifelong Learning, Director of Environment, Head of Legal and Democratic Services, Head of Finance, Interim Assistant Director (Human Resources and Organisational Development), Assistant Director (ICT and Customer Services), Single Status Project Manager and Head of Committee, Member and Electoral Services.
90. PRAYERS
The Reverend Anthapurusha conducted prayers at the commencement of the meeting.
Chairman’s Announcement
The Chairman referred to the collection made at the Christmas lunch, the previous day, which had raised £94.00 and thanked Members for their support.
Councillor L. A. Aldridge referred to the apologies submitted for the meeting and expressed his disappointment on the number of Executive Members who were absent.
13
91. DECLARATIONS OF INTEREST
The County Legal and Democratic Services Officer referred to the business to be considered on the agenda which related to many employees of the Authority. He advised those Members who had a close personal association with any County Council employee to declare a personal nor prejudicial Interest as the report was a general report without the impact of the proposed pay and grading model on individuals being discussed and asking the Council to consider to a provisional position. If the debate developed into specific areas and interests did become prejudicial, the County Legal and Democratic Services Officer would give further advice at that stage.
Councillors L. A. Aldridge, J. B. Attridge, C. J. Dolphin, R. P. MacFarlane, N. Phillips, A. P. Shotton and Mrs. C. A. Thomas all declared personal interests in Agenda Item No. 4 – Single Status – Proposed Pay and Agreement for Green Book Staff in Flintshire – Provisional Employer Position.
92. LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 - TO CONSIDER THE EXCLUSION OF THE PRESS AND PUBLIC
RESOLVED:
That the press and public be excluded from the meeting for the following agenda item as it was considered to be exempt by virtue of paragraph 15 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)
93. SINGLE STATUS – PROPOSED PAY AND AGREEMENT FOR GREEN BOOK STAFF IN FLINTSHIRE – PROVISIONAL EMPLOYEE POSITION
The Chief Executive introduced his joint report with the Assistant Director of Human Resources and Organisational Development, Head of Finance and Head of Legal and Democratic Services. The purpose of the report was to seek a provisional employer position prior to entering final negotiations with the trade unions with the objective of implementing a new pay and reward model on 1st April 2009. He outlined the proposed proceedings for consideration of the report, which would be a presentation similar to that made at two workshops the previous week. This would be followed by a session for Members to raise issues and seek clarification. The meeting would then provide further information on the negotiating position with the trade unions prior to a final debate and the invitation to the Councillors, as the collective employing body, to offer advice.
The Chief Executive introduced the officers which included Annette Facer who was the Single Status Project Manager. He reminded Members that this was a highly confidential issue and Members acting as the employing body could not disclose or discuss any matters outside the Council Chamber as this could influence negotiations with the trade unions.
14 The Chief Executive outlined the reasons for convening this special meeting of the County Council which was to inform the County Council on Single Status and to seek a provisional employer position. The objective of Single Status was to introduce a new harmonised pay model which Annette Facer would outline in her presentation, and it was hoped, could be agreed with the trade unions. Accordingly, the officers required a provisional position from the County Council to support and enable final discussions to be held with the trade unions in the New Year. He informed the Council that Annette Facer, as the Single Status Project Manager, had been the lead negotiator with the trade unions until these later stages when the statutory officers, which were the Chief Executive, the Head of Legal and Democratic Services and Head of Finance would now be involved in the final negotiations.
The Interim Assistant Director (Human Resources and Organisational Development) referred to the presentations made at the workshops held the previous week which would now be repeated for those Members who had not been able to attend. Single Status was a new pay and grading structure which harmonised the pay and conditions of service of former manual staff and former Administrative, Professional, Technical and Clerical staff (APT&C). The 1997 National Agreement (the Green Book) required all local authorities to develop a local Single Status Pay and Grading Agreement. This provided an opportunity to simplify and modernise the Council’s pay structure. There were three overriding factors which needed to be balanced which were legality, affordability and acceptability.
The Interim Assistant Director then referred to Single Status and Equal Pay and emphasised the importance of keeping these separate. Single Status was about the future pay structure which had to be “equality proof;” Equal Pay claims related to the current pay structure which was what Single Status would replace. Single Status included all former manual (White Book) and former APT&C (Purple Book) staff and included schools based Green Book staff as well as Flintshire County Council staff. There were some 6,000 employees included but teachers, Soulbury staff, second tier officers, youth and community and craft (Red Book) staff were excluded. The guiding principles while carrying out the work were partnership, openness and transparency, equality, realism, acceptability and objectivity.
The strategic goals were to support service improvement and customer focus and to provide fair pay as one element of a reward package and to equality proof the pay structure. Reference was then made to the current arrangements and details were provided on the various grades, pay scales, pay rates, overtime rates, extra duty payment rates and local agreements.
The Single Status Project Manager then outlined the work of the project which had included analysis, evaluation and consistency checking of 1,312 Council jobs and 1,125 school based jobs. This included the development of a new pay and grading structure in partnership with the trade unions, and a job evaluation rank order of scores to appropriate pay and grading structure. She outlined the pay and grading design options and their affordability.
15 On communications with employees, there had been strict confidentiality requirements for all those working on the project and confidentiality had been maintained. An extensive programme of employee communications was being planned and this would be followed by individual result letters. In addition, a programme was being planned to provide practical support to those employees whose remuneration would be reduced.
The important negotiating issues were the investment in the pay model, pay protection, back pay and transitional points. The employer options for both agreement or no agreement with the trade unions were outlined. The strategic considerations included the size of the pay bill, the sustainability and affordability of the pay model, the impact of negotiations on non-recurrent costs, the modernisation of working practices and managing impacts on the workforce.
At this juncture, Members were given the opportunity to ask questions and seek clarification on the presentation so far. Officers then answered a number of questions raised by Members.
The Chief Executive referred to the negotiations with the trade unions with the aim of reaching an agreement. As set out in paragraph 2.05 of the report, a balance had to be achieved across three critical factors of legality, affordability and acceptability. A final position had not been reached on the negotiations and there was an initial understanding with the trade unions on pay protection.
On the issues of back pay, and transitional points, there was no agreement. In conclusion, the Chief Executive also drew Members attention to the letter they had received from the trade unions and provided answers on the issues which were challenged.
The Head of Finance then highlighted the financial issues and referred to the base budget provision, the current spend on Green Book pay and proposed Single Status spend on Green Book pay which at top of the grade represented an increase of 11.6% on current spend. The Welsh Assembly had included an amount of 1.5% of the pay bill in each of the financial years 2005/06, 2006/07 and 2007/08 in the revenue settlement. The Council’s strategy had been to earmark this money for Single Status and Equal Pay and had resulted in an additional £4.1m in the base budget and a reserve of £8.7m. She then outlined together with the total payroll costs for Green Book and non Green Book employees under the proposed pay and grading model, with the proposed Green Book recurring costs which exceeded the base budget from 2012/13 (which was year 4). The proposed costs of pay protection, development and training costs were outlined. In closing she referred to further additional recurring costs from increased employer rate contributions to the pension fund which would be dealt with at the next actuarial evaluation in 2010 as this could not be quantified at the present time.
The Chief Executive then referred to the base budget provision to fund the new ongoing cost of the pay bill at 2007/08 prices. The previous Council,
16 in the interests of prudence and transparency, had set aside cumulative revenue support grant funding to invest in a modernised pay structure and to settle any successful Equal Pay claims.
The Single Status Project Manager then referred to the impact on employees in year 1 and outlined the number and percentage of those that would gain from the new Single Status, those that would remain unchanged and those that would be adversely affected, the impact on those on basic pay and maximum of grade, and the impact on bonus earners and loss of full school holiday payment. In conclusion, she referred to the need for an understanding on the reserves set aside to meet the outcomes of Single Status; the justification for transitional points, the duration of pay protection and whether back pay was justified and affordable.
Following a short adjournment Members were given a further opportunity to seek clarification and ask questions on the information provided by the officers.
Councillor P G Heesom moved that delegation be given to the Chief Executive to enter final negotiations with the trade unions with the objective of securing an agreement which met the three requirements of legality, acceptability and affordability and this was duly seconded.
Councillor A. P. Shotton supported the proposition and referred to the issue of equal pay protection and single status reserves; if they were treated as an entirety it would assist in negotiations with the trade unions and provide increased flexibility.
On being put to the vote, the proposition was agreed unanimously.
RESOLVED:
That delegation be given to the Chief Executive to enter into final negotiations with the objective of securing an agreement with the trade unions which met the three requirements of legality, acceptability and affordability.
94. DURATION OF MEETING
The meeting commenced at 2.00 p.m. and ended at 4.05 p.m.
95. MEMBERS OF THE PUBLIC AND PRESS IN ATTENDANCE
There was one member of the press in attendance prior to the resolution to exclude the press and public.
……………………………….. Chairman
17 SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT
FLINTSHIRE COUNTY COUNCIL DATE: 17th DECEMBER 2008 COMMITTEE
MIN. NO. MEMBER ITEM REFERS Councillors: L. A. Aldridge, J. B. SINGLE STATUS – PROPOSED PAY 93 Attridge, C. J. Dolphin, AND AGREEMENT FOR GREEN BOOK R. P. MacFarlane, STAFF IN FLINTSHIRE – PROVISIONAL N. Phillips, A. P. Shotton EMPLOYEE POSITION and Mrs. C. A. Thomas
18 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 13
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: CHIEF EXECUTIVE AND DIRECTOR OF COMMUNITY SERVICES SUBJECT : NHS REFORM IN WALES
1.00 PURPOSE OF REPORT
1.01 To inform County Council of the latest developments in the reform of NHS structures in Wales.
2.00 BACKGROUND
2.01 On 1 December 2008 the Welsh Assembly Government published "Delivering the New NHS for Wales: Consultation Paper II", a document which provides details on the proposed dissolution of twenty-one Local Health Boards and seven NHS Trusts in Wales, and the establishment of six Local Health Boards. The document also provides details on the proposed model, membership and functions of the seven new Local Health Bodies in Wales. These seven new bodies include the Betsi Cadwaladr University Local Health Board serving North Wales. A copy of the consultation paper together with a full set of the supporting technical papers 1-4 is available in Members' Services.
2.02 The stated aim of the health reform programme outlined in the consultation document is to enhance the quality, performance and accessibility of NHS services, ultimately improving the levels of health and well-being in Wales.
3.00 CONSIDERATIONS
3.01 At a meeting of the Council's Executive held on 17th Feburary 2009 a response from Flintshire County Council was agreed for submission to the Welsh Assembly Government by the required deadline of 25th February 2009. A copy of the Executive Report and response are attached as Appendix 1 to this report.
3.02 At the end of the consultation the Welsh Assembly Government produced a statement confirming the intention to proceed to establish 6 new Local Health Boards that are strategic, can make decisions, are innovative, act collaboratively and have, at their core, a responsibility to sustain the ethos and values of public service.
3.03 A full copy of the Ministerial Statement is contained at Appendix 2.
Date: 24/03/2009 19 Flintshire County Council
3.04 Following the release of this Statement the Welsh Local Government Association (WLGA) has written on behalf of the Leaders of the 22 Local Authorities in Wales to outline its view. A copy of the letter is attached at Appendix 3 and is self-explanatory.
3.05. At a meeting of the WLGA Co-ordinating Committee to be held on Friday 27th March 2009 an update on the consultation to change the NHS Structures in Wales wil be provided along with updates on the progress of two further consultations which conclude at the end of April. A copy of the report is attached at Appendix 4 and a verbal update on the outcomes of the Committee discussions will be provided at the meeting.
4.00 RECOMMENDATIONS
4.01 The Council is requested to consider how it wishes to respond to the announcement.
5.00 FINANCIAL IMPLICATIONS
5.01 None directly associated with this report. The consultation document includes the future processes for funding NHS activities in Wales.
6.00 ANTI POVERTY IMPACT
6.01 The consultation document includes reference to improvements in health services intended to address health inequalities.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 The consultation document includes reference to improvements in health services intended to address health inequalities.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REQUIRED
10.01 As per report.
11.00 CONSULTATION UNDERTAKEN
11.01 As per report.
Date: 24/03/2009 20 Flintshire County Council
12.00 APPENDICES
· Appendix 1 Executive Report and Flintshire County Council's Response - February 2009. · Appendix 2 - Statement by the Welsh Assembly Government - 10th March 2009. · Appendix 3 - WLGA response to Statement - 23rd March 2009 · Appendix 4 - Report to WLGA Co-ordinating Committee entitled "Update on the NHS Reforms in Wales - 27th march 2009.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
All background documents can be obtained from Sharron Jones.
Contact Officer: Chief Executive Telephone: 01352 702101 E-Mail: [email protected]
Date: 24/03/2009 21 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 10
REPORT TO: EXECUTIVE DATE : 17 FEBRUARY 2009 REPORT BY: DIRECTOR OF COMMUNITY SERVICES SUBJECT : DELIVERING THE NEW NHS FOR WALES, CONSULTATION PAPER II
1.00 PURPOSE OF REPORT
1.01 This report presents a draft Flintshire County Council response to the consultation on the restructing of the NHS in Wales for agreement by Executive before it is submitted to the Welsh Assembly Government (WAG).
2.00 BACKGROUND
2.01 On 1 December 2008, the Welsh Assembly Government published "Delivering the New NHS for Wales: Consultation Paper II", a document which provides details on the proposed dissolution of twenty-one Local Health Boards and seven NHS Trusts in Wales, and the establishment of six Local Health Boards. The document also provides details on the proposed model, membership and functions of the seven new Local Health Bodies in Wales. These seven new bodies include the Betsi Cadwaladr University Local Health Board serving North Wales. A copy of the consultation paper together with a full set of the supporting technical papers 1 - 4 is available in Members' Services.
2.02 The stated aim of the health reform programme outlined in the consultation document is to enhance the quality, performance and accessibility of NHS services, ultimately improving the levels of health and well-being in Wales.
3.00 CONSIDERATIONS
3.01 The consultation document sets out key areas for consultation regarding the new health bodies, many of which will be of concern to Flintshire County Council. These include:
· The vision, values and standards of governance and accountability; · The arrangements for working at a national level; · The arrangements for dissolving the existing health bodies; · New Local Health Board functions; · Stakeholder engagement in the new health bodies, including partner agencies, citizens and professionals;
Date: 13/02/2009 22 Flintshire County Council
· Workforce issues; · Localism and partnership working; and · Planning, funding and performance management.
3.02 Stakeholders, including Local Authorities, are invited to respond to the consultation document by 25 February 2009. Therefore, Flintshire County Council developed a process for agreeing its response to meet this timescale.
3.03 The process for developing the response from Flintshire County Council included:
· Inviting written comments from Flintshire County Council staff; · Arranging an agenda item at Social and Health Overview and Scrutiny Committee on 14 January 2009. · Arranging a Member and Senior Officer workshop which took place on 20 January 2009;
The results of the discussions at Social and Health Overview and Scrutiny Committee were used to inform the programme for the workshop on 20 January. 25 Members and Officers attended the workshop.
The results of all of the above activities have been used to develop a draft response from Flintshire County Council to be approved by Executive. See appendix. As can be seen, the draft response contains a number of concerns about the proposed changes to the NHS including the apparent reduced role of Members in the new Local Health Board and issues regarding stakeholder involvement and partnership working.
3.04 In addition to developing its own response, Flintshire County Council will be contributing to a response from Flintshire's Health, Social Care and Well- being Partnership Board and the Children and Young People's Partnership. This response will focus in particular on the implications of the NHS changes on partnership working.
4.00 RECOMMENDATIONS
4.01 That Executive approve the draft response from Flintshire County Council and agree for it to be submitted to WAG by the 25 February deadline.
4.02 That Executive consider liaising with other local authorities in North Wales to facilitate a consistent and robust response on issues of key concern, in particular the reduced role of Elected Members in the new arrangements and partnership working.
Date: 13/02/2009 23 Flintshire County Council
5.00 FINANCIAL IMPLICATIONS
5.01 The consultation document includes the future processes for funding NHS activities in Wales.
6.00 ANTI POVERTY IMPACT
6.01 The consultation document includes reference to improvements in health services intended to address health inequalities.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 The consultation document includes reference to improvements in health services intended to address health inequalities.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REQUIRED
10.01 See report.
11.00 CONSULTATION UNDERTAKEN
11.01 See report.
12.00 APPENDICES
12.01 Draft response to "Delivering the new NHS for Wales, Consultation Paper II" from Flintshire County Council.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
None
Contact Officer: Susan Lewis Telephone: 01352 702500 E-Mail: [email protected]
Date: 13/02/2009 24 ANNEX I
ANNEX I - CONSULTATION RESPONSE FORM
Consultation Document on Delivering the new NHS for Wales
Deadline for responses: 25th February 2009
It would be very helpful if you could use this proforma to respond to the consultation.
Name: Colin Everett, Chief Executive
Organisation: Flintshire County Council ......
Address (including postcode): County Hall, Mold, CH7 6NN ......
E-Mail address:......
The Welsh Assembly Government intends to publish the responses to this document in full on its website. Normally, the name and address of its author are published along with the response, as this gives credibility to the consultation exercise. If you do not wish to be identified as the author of your response, please state this expressly in writing to us.
Please comment as fully as possible.
Please return completed proforma to:
Name: Health Reform Programme Office Address: Department for Health and Social Services Welsh Assembly Government Cathays Park Cardiff CF10 3NQ
Electronic versions may be returned to: [email protected]
Thank you for taking the time to consider these proposed amendments, and for responding to the consultation.
25 ANNEX I
Consultation Questions
LHB Board Membership
There are a number of important issues about the membership of the LHB Board on which this Consultation Paper seeks your views:
• Do you agree with the proposals for the membership of the LHB Board?
No.
There is a strong feeling that the proposed Betsi Cadwaladr University LHB covering all six local authority areas in North Wales is too big to meet the aspirations of the consultation document, in particular with regard to responding to the needs of local people. The other six proposed LHBs cover a smaller number of local authorities. Therefore, our view is that there should be two LHBs covering North Wales.
If this is not possible, we believe there is a strong case for increasing the number of Elected Member representatives on the North Wales Board as a special case and we propose six Elected Member representatives – one for each local authority area. This is in the interests of strengthening the voice of local people on the Board and recognising the diversity of the population - principles which are strongly promoted in the consultation document. We fear that one Elected Member representative will inevitably be remote from the wide range of issues and will not have the capacity to carry out the role. It appears to be “pot luck” which area the Elected Member will be able to represent. The public appointment route to selection means that the role cannot be representational of local government in North Wales, and the purpose of the ‘representative’ is unclear. The valuable impact and contribution of the Elected Member role will therefore be severely limited.
For example, Flintshire is on the border with England and as many as 1/3 of the population receive hospital services from Chester. This “border issue” is critical for the residents of Flintshire, but may be of less relevance to some other local authority areas / Elected Members in North Wales.
26 ANNEX I
In other respects the Board membership looks reasonable.
• Do you agree with the Board having more Non-Officer Members than Officer Members?
Yes.
The point made above about Elected Member representation on the Board is reiterated.
• Should there be a Non-Officer Member nominated as LHB Champion to address specific service issues, such as for Children’s services and/or services for Elderly and Frail patients?
No.
In our view, all Board members should focus on patients / citizens across the board. Otherwise, there will need to be too may champions. It may be appropriate to identify a champion as a special measure if a service is in difficulty or failing.
Membership of the Stakeholder Reference Group (SRG)
There are a number of important issues about the Stakeholder Reference Group on which we seek your views:
• Will the Stakeholder Reference Group provide an appropriate vehicle for the generation of community and citizen advice to the LHB Board?
No.
The concerns include a lack of clarity about the membership of the SRG: community groups are not defined and it is not clear how they will be chosen (or excluded); it is not clear how community councils from across the whole of North Wales will be selected and will be representative of other community councils; it is not clear how provider bodies is defined and how they will be representative. Since the membership is restricted to 25, this means that the group will consist of regional stakeholder representatives, not local representatives. In North Wales, the
27 ANNEX I necessary regional stakeholder bodies may not currently exist from which to select membership.
• How should the Stakeholder Reference Group be constituted?
In our view, the SRG must be adequately resourced to support the development of an effective constitution which will include clear mechanisms for linking with citizens at least at a local authority level.
The constitution should include a strong commitment to inclusiveness, equalities principles and the Welsh language.
There should be clear and transparent arrangements for the appointment of the Chair person.
• How should it operate to ensure maximum effectiveness?
As described above, we have concerns about how this group can be representative of and effective in responding to such a wide range of interests. There is a real danger of fragmentation and losing touch. Therefore, we suggest that 2 regional groups may be more effective in North Wales. In addition, or as an alternative, we suggest that the SRG should be an umbrella group for local groups as part of an agreed and transparent citizen engagement structure. Resources would be required to map and develop this structure.
There should be arrangements for monitoring and scrutinizing the effectiveness of the SRG.
There is a need to recognise the needs of different population groups and ensure meetings/communications are of relevance to the population group.
• Who do you think should be represented on this Group?
In our view, the requirement for certain key groups to be represented where there is a clear link to health issues should be stated at the outset. These key groups include older people, people with mental health problems, disability groups and carers. People of working age should not be overlooked and
28 ANNEX I
meeting arrangements should reflect that stakeholders may be in full time work.
• How will these representatives be nominated?
We suggest that in each different LHB area it will be necessary to map the citizen engagement structures to identify effective arrangements for making nominations.
• How many people should sit on this Group?
See previous comments.
• Do you think that the Chair should be an Associate Member of the LHB Board?
Our view is that the Chair should have a vote on the LHB.
• How will the Chair be appointed?
Consideration should be given to their skills i.e. chairing skills, ability to represent views robustly in the Board environment, openness and communication skills, etc. There should be stakeholder involvement in the appointment of the Chair.
Consideration must be given to the appropriate resources to support this role. Will the role be re-numerated? If the role holder is adding this on to an existing full time role, is this realistic and what support arrangements such as dedicated administrative support will be in place?
The Professional Forum (PF)
There are a number of important issues about the Professional Forum on which this Consultation Paper seeks your views:
• Will the Professional Forum provide an appropriate vehicle for the generation of professional advice to the LHB Board?
Possibly.
In our view, the concept of the professional forum needs “more meat on the bones”. We recommend that there is more varied
29 ANNEX I
representation than suggested and that the notion of “professional” is expanded. For example, the group would benefit from local authority / social services, social care, Elected Member, provider, commissioner and carer input. All of these groups could contribute their perspective and “professional” expertise.
The success of the group will depend on its membership and getting the breadth required.
An alternative vehicle would be to replace the SRG and the professional forum with 6 stakeholder groups representing local issues.
• How should the Professional Forum be constituted?
The constitution should make it clear that the group is accountable for any professional advice / guidance given.
• How will the Professional Forum work with the existing Statutory Advisory Committees?
No comments.
• How should it operate to ensure maximum effectiveness?
The group must have effective representation on the LHB.
Group membership should include those with understanding of local professional issues as well as common professional issues. For example, there are cross Wales / England border professional issues in Flintshire.
• Do you agree that in exceptional circumstances, professional groups, such as midwives, pharmacists and therapists should have a right of access directly to the LHB Board?
Yes.
• Are there other professional groups to whom such a right of access ought to be afforded?
Yes.
30 ANNEX I
Local authority social services professionals should have this right.
“Specialist” professionals should be facilitated to access the LHB. This would need further definition.
There must be adequate input from therapy services, including therapists working in local authority settings.
• What do you consider as “exceptional circumstances” requiring direct access to the LHB Board?
No comments.
• Who do you think should be represented on this Forum?
See previous comments.
• How will these representatives be nominated?
There should be a process of election to identify representation and this process should be transparent. Professional bodies could elect their representatives. Local representation should be included. There should be a tiered system to provide clear lines for professionals to feed into the forum.
• How will the Chair be appointed?
In our view the Chair should be independent and external to the LHB.
31 ANNEX I
Local Health Board Functions
As far as LHB functions are concerned:
• Do you have any comments to make on the proposals for the LHB functions outlined above?
Yes.
The appropriate scrutiny of these functions and ensuring accountability will be critical. This could be exercised by calling the NHS to account locally via Community Health Councils and / or local government scrutiny committees.
With regard to the NHS planning and service delivery functions, it will be essential to continue to support effective local structures. If we are to feel secure about the proposed arrangements, it needs to be clear how the NHS contribution will be made.
• Do you have any comments on the proposals for dissolution of existing Trusts and LHBs and the transfer of staff and property?
No comments.
• What services will the LHBs need to work together to provide?
No comments.
• How will the LHBs collaborate to provide services?
No comments.
Localism and Partnership Working
This consultation seeks your views on:
• How can partnership working at a Local Authority and Community level be improved?
Partnership working is of critical importance in achieving the stated aims of the NHS reform programme and can be improved by ensuring that the new health structures respond to the diversity
32 ANNEX I and range of health and well-being needs across North Wales. To achieve this, there should be greater emphasis on representation from the six local authority areas in the new structure.
We note that the vice chair of the LHB and the Director of Primary and Community Care and Mental Health services will have responsibility for driving the localism agenda. Whilst we welcome the identification of partnership working as a key senior role, we question whether the post holder/s will have sufficient time and resources, given the size of their portfolio.
Effective partnership working relies on the rapid identification of problems and prompt action. We are concerned that the proposed line of communication to raise local issues with the LHB, e.g. via the SRG or the professional forum is currently too long. As mentioned previously in this response, we recommend adjusting the structures to recognise North Wales as a special case on the grounds that it covers six local authority areas. We believe that this will be more cost effective in the long run.
Partnership working also relies on openness and accessibility. We recommend that LHB members are required to publish their contact details and to hold surgeries for the public. The willingness and skills of LHB members to work in an open fashion should be checked out through the appointments process.
The role of the CHC will be critical and we are disappointed that the proposed changes to CHCs are not published with this consultation.
The existing Health, Social Care and Well Being Partnerships and the Children and Young People’s Partnerships and the associated plans play a critical role and it must be clear how they feature in the new arrangements. There is concern that the production of a consolidated plan for the LHB will effectively water down these local strategies, focusing on common themes only and missing local issues.
The new structures must be capable of recognising and responding to health and social care as a whole system. For example, shorter hospital stays will impact on community social and health services.
33 ANNEX I
GPs are critical to partnership working and must feature as key partners in the new arrangements, including at a planning level.
The new structures must be capable of responding to key partnership agendas, for example, suicide prevention plans.
The LHB will need to remember that not all Partnership groups have a National Service Framework. The failure of representation and involvement in those groups without an NSF is to the detriment of improved outcomes for citizens, e.g. Low Vision, Deaf and Hard of Hearing, Learning Disabilities.
General Comments
We recommend that the name of the North Wales Board is changed to the North Wales Health Board in the interests of brevity and clarity for the public, stakeholders and professionals working in the NHS. The word ‘local’ in the titles for the new health bodies is a misnomer and misleading.
The continuing access of Flintshire residents to NHS resources in England, including the centres of excellence in Walton and Alder Hey, must be assured in the new arrangements.
Complaints about the NHS should be dealt with by an independent body.
Workforce planning will be an essential element of achieving the NHS reforms. It would be helpful to make clear how universities as providers of professional training will link into the new structures.
34 STATEMENT BY THE WELSH ASSEMBLY GOVERNMENT Title:
End of Consultation on Delivering the New NHS for Wales
Date:
10 March 2009
By:
Edwina Hart, the Minister for Health and Social Services
Presiding Officer, I am grateful for this opportunity to report on the emerging findings, arising from the second period of consultation on NHS reform, which closed on 25th February.
During that period three consultation period events were held across Wales, each attended by over one hundred and twenty stakeholders. At the closing date, four hundred and thirteen (413) responses had been received, all of which have been published in full.
Responses were received from a wide range of organisations and representative bodies with an interest in the Health Service in Wales. I have taken the opportunity to read each of these responses over recent weeks.
As a result, I am able to confirm my intention to proceed, subject to legal orders and regulations, to establish the 6 new LHBs in shadow form from the 1st June 2009, and for these bodies to be fully operational from the 1st October 2009. Powys Teaching LHB is the seventh LHB.
This is not about merging LHBs and Trusts to make a hybrid organisation. These LHBs will be new bodies – ones that have a new purpose.
Therefore, they must have new Boards:
• Boards that are strategic;
• can make decisions;
• innovate;
• act collaboratively;
1
35 • and have, at their core, a responsibility to sustain the ethos and values of public service.
Board Members must hold the executive team to account for service planning and delivery, and for local engagement, bringing to the Board their own experiences of a sector which they understand, but do not simply represent.
There is a theme in consultation which will not come as a surprise to Members here. Uniformly, consultees agree that Boards must be kept to a size which allows them to be effective and focused.
Yet, many also argued that their own particular interests need greater representation.
Doctors want more doctors; local government wants more places for local government; the voluntary sector wants more representation for voluntary bodies; carers want more places for carers.
But nobody wants Boards to be bigger.
I appreciated that the tensions between inclusiveness and agility in decision-making are real. I have had to conclude that the size of Boards will remain very largely as set out in the consultation document. All the key interests are represented, albeit not at a scale which some would wish for themselves.
As Board Members, those from Trade Unions have a particularly difficult role – to balance their role as a corporate member, where they will be bound by the decisions of the board - against their role representing staff working within these organisations.
A number of important points on the details of the role of the Trade Union Board Member were raised in the consultation. I will discuss these issues further during the next week.
Director of Therapies and Scientific Services
A number of respondents suggested a Director of Therapies and Scientific Services should be included on the LHB Board. Such an appointment would be unique in the UK, reflecting the importance of these professional groups to the delivery of health - both now, and increasingly in the future. This is another issue I am considering in light of the responses.
Of course, Board membership is only one of the ways in which health service interests and partners will be able to make their voice and views known in the new system.
Local government, for example, is directly involved on the National Advisory Board, through the membership of Cllr Meryl Gravelle, leader of Carmarthenshire County Council, and WLGA lead on social services.
2
36 Local authorities will also be key members of CHC Boards, as well as major players in Local Service Boards in each locality. The statutory duty for Health, Social Care and Well-being Strategies, and Children and Young People’s Plans, will remain, building on existing partnership working and placing the NHS close to citizen and to the community.
Just as the new structure will work closely with local government so, too, the importance of the third sector was regularly emphasised in consultation – and I, also, endorse that again this afternoon.
The third sector contribution is important because it reflects not only the diversity of Wales as a nation, but also the unifying support for the National Health Service, which is so powerfully found in every part of our country.
There are a number of further issues for which, through consultation, a direction of travel has been suggested, or endorsed, but where further detailed work is now needed. Presiding Officer, I thought it might be helpful to Members if I were to identify these areas briefly this afternoon.
First, I can report that there has been support for the suggestion of a Professional Forum. I know that the success of the new organisations will rely on the strongest possible clinical engagement in the services they provide, and the decisions which they will have to take.
I see the Professional Forum as central to engaging the health care professions, and there will be real benefit in arrangements that bring the professions within each LHB together in one group.
Of course, the interface between the new Forums and the longer-standing Statutory Advisory Committees must be clear and complementary. I have asked my senior officials to undertake some more detailed work, so that we can move forward with the most effective and workable model.
My second issue, that of specialised services, has moved forward through the work of Professor Mansel Aylward who has reported to me on those functions and services currently undertaken by Health Commission Wales, which should, in future, be undertaken by the new LHBs.
There remain those services which can only be provided at a higher population level than local organisations. I agree with the views expressed in consultation that these must be organised collaboratively through the new LHBs. A further consultation paper on such a collaborative future for specialised services will be issued shortly.
I want to ensure we arrive at a solution to this complex problem, which will address the concerns which have arisen about such services in recent years – concerns that I have discussed with Members previously.
3
37 Thirdly, to make it clear that I share the view, expressed in consultation that duplication must be avoided in the roles of Stakeholder Reference Groups and Community Health Councils.
CHCs have a formal statutory role – they must hold LHBs to account on behalf of the citizen. Stakeholder Reference Groups are non-statutory bodies, intended to provide an added dimension, involving citizens in a broader range of debates and open up Boards to a wide variety of views.
Consultation on the future strengthened role of CHCs comes to an end mid April. I will ensure that, in responding to that consultation, further advice will be given to clarify the different contributions with these two groups will make to putting the citizen at the centre of the new, co-producing, democratically renewed, NHS in Wales.
Presiding Officer, I am very grateful to all those who attended the consultation events, and wrote to me with their views. Once again, this exercise has been a great success and a testimony to the spirit of dialogue and engagement which has been at the heart of these reforms.
Now, we must press ahead with the action needed to make all this a reality. I intend to begin laying the Legal Orders and Regulations required to make these changes, before you within the next 14 days.
4
38 Our Ref/Ein Cyf: Your Ref/Eich Cyf: Date/Dyddiad: 23rd March 2009 Please ask for/Gofynnwch am: Beverlea Frowen Direct line/Llinell uniongyrchol: 02920 468568 Email/Ebost: [email protected]
Edwina Hart MBE AM Minister for Health & Social Services Welsh Assembly Government 5th Floor Ty Hywel Cardiff Bay CF99 1NA
Dear Minister
NHS Reforms
I am writing on behalf of the leaders of the twenty two councils in Wales to outline our views regarding your recent statement in plenary on March 10th on taking forward the reorganisation of the NHS in Wales.
We are pleased that you have re emphasised the primacy of the statutory joint planning mechanisms which are grounded in local need and diversity and to which, councils and all our partners have worked hard to engage with our communities and deliver improvements based on local priorities. We also support your intention to reflect further on your proposals for stakeholder forums. We will be responding fully on this matter once we have consulted with our membership regarding the proposals for community health councils but have concerns that duplication and confusion may be a by product and that opportunities for building on existing mechanisms overlooked.
Turning to the membership of the Boards of the new bodies we disagree Steve Thomas with your proposals. Local government put forward a set of pragmatic Chief Executive proposals which would have ensured greater buy in into the new system. Prif Weithredwr Your original consultation highlighted the “need to reinstate democratic engagement at the heart of the Welsh health service”. We fail to see how Welsh Local Government these proposals meet this criteria particularly in terms of the limited local Association government presence with the suggestion of only one councillor and one Local Government House director of social services for each of the seven bodies. Drake Walk CARDIFF CF10 4LG We acknowledge the “direction of travel” underpinning this proposal and it is Tel: 029 2046 8600 clear to us that these appointments will therefore need to be made through Fax: 029 2046 8601 a public appointment process with no direct involvement from councils. Cymdeithas Llywodraeth Leol Cymru Tŷ Llywodraeth Leol Rhodfa Drake CAERDYDD CF10 4LG Ffôn: 029 2046 8600 In view of this approach, we believe it is absolutely essential that urgent Ffacs: 029 2046 8601 work commences to define a process for local engagement. This should ensure that a joint planning and performance management system is in www.wlga.gov.uk
The WLGA welcomes correspondence in Welsh or English39 - Mae WLGA yn croesawu gohebiaeth yn Gymraeg neu Saesneg Printed on recycled paper - Wedi’i argraffu ar bapur eildro place, as appropriate to our respect duties, and one that can deliver the appropriate balance between hospital and services delivered in communities and the broad public health agenda. Without such a mechanism being agreed between the Assembly government and ourselves, the progress that has been made will be diminished and potentially lost. Members feel very strongly that councils must be involved to determine how they are going to work together with the new bodies and their views must not be represented through third parties.
We propose therefore that a task and finish group is established reporting to you, that can articulate a set of general principles of engagement between our respective bodies, and that informal work on a new strategic planning system is progressed as a matter or urgency. We offer the WLGA regional partnerships as a vehicle to engage with local senior NHS managers to conclude the detailed work once a framework of engagement is agreed and I expect that my colleagues in the different parts of Wales would seek to involve the recently appointed chair(s) and soon to be appointed chief executive(s) of the health bodies.
The WLGA would be happy to co ordinate representation on the task group and that through the WLGA positive dialogue continues so that we can create a positive platform for implementing your proposals.
I am sure that you share our view that it is only in partnership and genuine engagement between councils and the NHS that the objectives of your proposals will be realised.
Yours sincerely
John Davies Leader of the Association
The WLGA welcomes correspondence in Welsh or English40 - Mae WLGA yn croesawu gohebiaeth yn Gymraeg neu Saesneg Printed on recycled paper - Wedi’i argraffu ar bapur eildro
WLGA Co-ordinating Committee Item 6 27th March 2009
Update on the NHS reforms in Wales
Purpose
1. This report updates members on the outcome of the consultation to change the NHS structures in Wales and gives more information about the progress of two other consultations which conclude at the end of April.
Background:
2. The Welsh Assembly Government is implementing a major reform programme in the NHS. The intention is to remove competition by creating a single planning and delivery system and to provide a more citizen centred, world class NHS capable of meeting the challenges of rising costs and demands.
3. In 2008 the Minister announced that the twenty two local health boards would be abolished and that there would be one new system which combined the planning (commissioning previously done by the LHBs) and the NHS Trusts (delivery agents) into seven new organisations using LHB legislation. A National Board has been created which will set the planning and priorities for the NHS to deliver and advise the Minister.
4. Councils have voiced concern individually and through the WLGA about the loss of engagement at the local level and the effect upon local partnerships; believing strongly that seven very large bodies will be difficult to engage with, and that resources and the culture of the NHS will reflect a long standing secondary care dominance.
Consultation one: changing the structure of the NHS.
5. WLGA and all individual councils responded to the consultation with very similar messages. All councils did not support the proposals for membership of the LHB boards nor the proposals for establishing seven stakeholder forums. Councils unanimously supported the retention of the statutory plans and the creation of an executive officer post within the new health bodies for public health.
6. The Minister announced on the 10th of March that:
- the membership of the boards would remain largely as that set out in the consultation document - further consideration would take place on creating seven stakeholder forums - a professional forum would be established - a comprehensive recruitment programme would commence so that the seven new bodies would be in shadow form by June and operational by October 2009.
41 7. The leader of the WLGA has written to Edwina Hart, Minister for Health and Social Services expressing concern and disappointment that our pragmatic offer of one place per council on the boards has been rejected. The letter is attached to this report.
8. WAG intentions are clear that individual councils will not have a direct involvement or representative on the boards. The need therefore to create a robust engagement mechanism between individual councils and with the NHS remains a significant priority. The WLGA has requested that a task and finish group is established and proposes that the WLGA regional forums are the best way of ensuring that local engagement mechanisms are put in place once a framework has been agreed that supports a Wales wide approach. By using the forums future arrangements can take into account the different local arrangements, views and geographical and cultural variances.
9. The WLGA argued strongly that creating a stakeholder forum with a cumbersome management board would potentially duplicate existing arrangements and is not the best use of public resources. Our policy stance remains that local agencies already have established partnership and community forums in place that are working well and these should not be diminished but built upon to achieve stronger engagement of partners. For example, the voluntary sector, carer representatives and service users all play actively roles in council forums. We believe there is wide spread confusion about the stakeholder forums and the WLGA will continue to represent members views on this matter as WAG debate how to proceed.
Consultation two: creating a unified public health service in Wales.
10. A two year process to integrate a variety of specialist NHS public health services is coming to an end in April 24th. A single organisation will be created and operational by October 2009. It is proposed the new organisation will be a NHS Trust and called the Public Health Wales NHS Trust.
11. We welcome the proposals because they will enable local government to have a stronger profile for the health improvement activity councils undertake in their own right, and also they will have a better chance to influence the deployment of specialist public health professionals which are currently aligned to the twenty two LHBs that will be abolished. We have already signalled our support for the creation of a new role of an Executive Director for public health on the seven LHBs. WLGA officials with the support of professional leads are currently consulting through the professional networks within local government on the details of the proposals set out in the consultation. A composite response will be reported to the WLGA strategic reference group in mid April and signed off by the leader of the Association by the 24th April.
12. With regard to this consultation, much of the detail concerns the complex task of bringing together staff from several different services into one unified Trust. However, the prime interest for local government within this consultation is how can councils in the future ensure they receive a more effective specialist public health service? Furthermore, how existing local teams currently managed by the NPHS can remain closely linked to councils to support the delivery of the priorities in the HSCWB strategies and not get drawn up into the seven potentially remote
42 organisations. WLGA are encouraged that WAG continues to re affirm its wishes to strengthen public health presence within local government.
13. We are therefore promoting a potential policy position as follows:
- councils should work towards securing an enhanced not diminished level of service from specialist public health professionals within individual councils as a result of the changes
- the Executive Director must be supported to fulfil the role adequately otherwise the benefits of the role for local government will not be materialised for example, to work with individual councils as well as supporting the NHS on their specific needs
- specialist public health resources must be sufficient and credible to meet the needs of councils and that in our view this requires consultant grade expertise within each council to strengthen further the partnership arrangements and service response
- the LHB and the council must agree the local response and manage the local resources but have robust links to the public health trust for accessing more Wales Wide services
14. We are aware that not all councils already have access to a consultant in public health and that the current establishment of eighteen is not sufficient to adequately meet the existing needs of councils. Nevertheless, it would be prudent to adopt an approach that the level of resources should be based on what is needed in the future and mechanisms found to bridge any potential gap in provision in the short term rather than continue with a less than adequate service.
15. Over the next few weeks the WLGA will finalise its response building on the proposed policy outlined in paragraph 13. In addition since the statutory responsibility for meeting the public health needs of a population will remain with the NHS (new LHBs) and councils, the best way forward would seem to be:
- for the joint HSCWB and CYP plans to underpin the level of services needed by the NHS and the council from the public health trust in order to fulfil their respective priorities and statutory responsibilities.
- any deficit of specialist public health expertise should be clearly articulated and fed into the central planning and delivery mechanisms planned to oversee the overall level of resources deployed by the NHS.
- the Executive Director within the LHB should with the agreement of the council and the specialist NHS trust determine the best way to deploy a local service, and should in partnership with the council implement any jointly agreed plans to co locate and re shape the composition of the existing local health improvement teams
- lessons are learnt from the three partnership ‘enhancing localism action learning sites’, currently underway in Wrexham, Torfaen and Neath Port Talbot
43 regarding the future organisational development needs of all agencies in order to make the new arrangements a success.
- local government through the WLGA, should nominate the individual to represent local government interests on the proposed management board of the Public Health Wales NHS Trust.
- local government should accept the offer from WAG to be part of the appointment process for the seven new Executive Directors of public health
Consultation three: Community Health Councils
16. Proposals to create seven community health councils with devolved sub committees co-terminous with councils are being consulted upon until April 24th. A series of local workshops are planned by the Community Health Council Association in most parts of Wales. It would be advantageous for members and officers from councils to attend.
17. WLGA has previously presented reports to members on the proposed changes to the scrutiny and public engagement arrangements in Wales. The CHC proposals do not align with these policy intentions already defined by WAG. Furthermore there is potential for duplication of roles, confusion for the citizen to be overburdened and resources to be used unwisely. Officers within the WLGA are building up a better understanding of the proposals so that we can make a strong case for ensuring that the development of public scrutiny and citizen engagement continues along the originally proposed direction and that new arrangements for the NHS are clear, unambiguous and complement this direction of travel.
18. WLGA officers do not recommend that we advocate that councils should have the statutory responsibility for scrutinising the NHS as in England, but do consider that members should seek to have arrangements in place that are effective. It would also be advantageous if councils continue to experiment at the local level on joint arrangements with the NHS and that lessons are shared on ways that will make the overall process more effective and efficient and reflective of members’ democratic role.
Recommendations
19. Members are asked to
19.1 note the letter from the leader to WAG and the proposal to establish a task and finish group to ensure robust local arrangements for engagement with the new NHS are in place and a strategic planning framework
19.2 comment on the proposed WLGA policy direction regarding the unification of public health service in Wales and engage fully in the recruitment process arising from the changes
19.3 participate in local events to discuss the future of community health councils in Wales and promote the local authority 44 perspective for democratic engagement at the local level.
19.4 Maintain close liaison with WLGA officials on all consultation matters and ultimate responses to WAG
Author: Beverlea Frowen, Director of Social Services and Health Improvement Tel: 02920 468658 E-mail: [email protected]
45 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 15
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: HEAD OF LEGAL AND DEMOCRATIC SERVICES SUBJECT : REVISED DELEGATION SCHEME & TIMES OF COUNCIL AND COMMITTEE MEETINGS
1.00 PURPOSE OF REPORT
1.01 To consider the recommendations from the Constitution Committee at its meeting on the 12 March, 2009 concerning the revised Delegation Scheme and the times of Council and committee meetings.
2.00 BACKGROUND
2.01 At its meeting on the 15 October, 2008 the Constitution Committee considered a revised Delegation Scheme and resolved:-
"That the revised Delegation Scheme with the further amendments suggested verbally by the Head of Legal & Democratic Services be recommended for approval by the County Council."
2.02 The Constitution Committee also considered the starting and finishing times of meetings and resolved:-
i) That meetings of the County Council commence at 10.00am.
ii) That formal meetings of committees with public access scheduled to meet in the morning commence at 10.00am, but that panels, sub- committees, working groups and hearings have a discretion to commence at a different time.
iii) That formal meetings of committees scheduled to meet in the afternoon commence at 2.00pm with a similar discretion as mentioned in ii) above.
iv) That a decision on the start time of Planning and Development Control Committee be deferred pending consideration of this and related issues by the Planning Protocol Working Group.
3.00 CONSIDERATIONS
3.01 The Constitution Committee Report of 12 March entitled "Review of the Delegation Scheme" sets out the reasons for and the framework of the proposed new Delegation Scheme to provide appropriate delegated powers
Date: 24/03/2009 46 Flintshire County Council
and authorisations for Officers at various levels in the Authority. At this stage it is not proposed to revise the delegations of planning matters pending consideration by the Planning Protocol Working Group.
3.02 The revised Delegation Scheme (with the amendments suggested by the Head of Legal & Democratic Services at the meeting of the Constitution Committee) is attached as Appendix A.
3.03 The report to the Constitution Committee of 12 March entitled "Review of Council Business" may assist Members in their consideration of the recommendation set out in paragraph 2.02 above. Copies of the report are available in the Members' Rooms.
4.00 RECOMMENDATIONS
4.01 That the revised Delegation Scheme set out in Appendix A be agreed and incorporated into the Constitution.
4.02 That the recommendations of the Constitution Committee in relation to starting and finishing times of meetings be agreed.
5.00 FINANCIAL IMPLICATIONS
5.01 None
6.00 ANTI POVERTY IMPACT
6.01 None
7.00 ENVIRONMENTAL IMPACT
7.01 None
8.00 EQUALITIES IMPACT
8.01 None
9.00 PERSONNEL IMPLICATIONS
9.01 None
10.00 CONSULTATION REQUIRED
10.01 Corporate Management Team
11.00 CONSULTATION UNDERTAKEN
11.01 Corporate Management Team, Heads of Service
Date: 24/03/2009 47 Flintshire County Council
12.00 APPENDICES
12.01 Appendix A - final draft of the Delegation Scheme
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
As referred to in the report.
Contact Officer: Barry Davies Telephone: 01352 702344 E-Mail: [email protected]
Date: 24/03/2009 48 APPENDIX A SECTION C
GENERAL SCHEME OF DELEGATION OF EXECUTIVE AND NON-EXECUTIVE FUNCTIONS TO OFFICERS
SUB-SECTION A - INTRODUCTION
1. Overall Basis
1.1 This Scheme delegates certain functions of the Council and the Executive to officers and should be interpreted widely rather than narrowly. It is divided into the following sub-sections:
• A – Introduction • B – General Delegations to Chief Executive/Corporate Directors • C – General Delegations to Heads of Service • D – General Delegations to Operational Managers • E – Specific Delegations to Statutory Officers • F – Specific Delegations to other Officers
These sub-sections inter-relate and should not be read in isolation.
1.2 In this Scheme “officer” means the holder of any post named in this Scheme as having delegated powers and duties. Where at any time a post named in this Scheme is filled by someone who is not an employee of the Council, that person comes within the definition.
1.3 This Scheme delegates powers and duties within broad functional descriptions and includes powers and duties under all legislation present and future within those descriptions and all powers and duties incidental to that legislation.
1.4 This Scheme operates under Sections 101, 151 and 270 of the Local Government Act 1972, Section 15 o the Local Government Act 2000 and all other enabling powers.
1.5 Decisions on operational, technical or professional issues will normally be taken by Officers without reference to Members. In relation to other issues, each Officer should, when exercising his/her delegated powers:-
1.5.1 keep appropriate Executive Member(s) with portfolios for the service area in question fully informed and also have due regard to any comments made by the relevant scrutiny committee regarding the matter in question;
1.5.2 where appropriate ensure that he/she consults with/or informs the local Member(s) that may be affected by the decision in advance;
1.5.3 ensure that he/she consults with/or informs the Chief Executive as appropriate.
1.6 Any new functions which become the Council’s responsibility will be included within
1 49 this Scheme and the delegated authority of the Officer given or acquiring responsibility for those functions shall be automatically extended without the need for the full Council, or where appropriate the Leader, to amend the Scheme and if any doubt should arise as to which Officer is responsible for the function the Chief Executive shall decide.
2. Overall Limitations
2.1 This Scheme does not delegate to officers:-
(1) Any decision reserved to full Council (2) Any decision which by law may not be delegated to an officer (3) Any decision expressly withdrawn from delegation by this Scheme or at any time by the Executive
2.2 Officers cannot make decisions which:-
make, amend or are not in accordance with the budget and policy framework determine borrowing limits approve the capital programme set or change policy and associated service standards set by the Council or the Executive set service budgets respond to formal central government consultation in respect of strategic policy make by-laws make compulsory purchase orders are contrary to statutory requirements or restrictions and such decisions remain the responsibility of the Council/the Executive/Committees as appropriate.
2.3 In exercising delegated powers officers shall:-
(1) not go beyond the provision in the revenue or capital budgets for their service or agree individual items of expenditure or virement beyond that permitted by Standing Orders relating to Contracts and Financial Procedure Rules;
(2) have regard to any report by the Head of the Paid Service or the Monitoring Officer under Section 4 and 5 of the Local Government and Housing Act 1989 or of the Head of Finance under Section 114 of the Local Government Finance Act 1988;
(3) maintain a full record of the exercise of those powers, including all relevant details, in accordance with any corporate guidance given to the Head of Legal and Democratic Services (for decisions taken within the Scheme, the form of evidence required is shown in sub-sections B, C and D); and
(4) have regard to any report from the Council’s internal and external auditors in relation to a fundamental weakness in management and financial controls.
2 50
3. Further Provisions
3.1 The County Council may review the delegations it has made at any time in accordance with Article 18 of the Constitution. The Leader may review the delegations in relation to Executive functions at any time.
3.2 Except where the Scheme expressly provides otherwise, an Officer named in Sub Section B or Sub Section C to whom a function has been delegated may authorise officers within their Directorate, Service or Team or where lawful to do so other appropriate persons to exercise functions delegated to them subject to such limits as they see fit unless stated otherwise. Any decisions taken under such authority shall be taken in the name of the Officer to whom the function has been delegated and the Officer giving the authorisation shall remain accountable and responsible for decisions made. A written record shall be made of all authorisations given under this paragraph and the Monitoring Officer shall be kept informed of all such arrangements made.
3.3 Each Officer in relation to operational, technical or professional matters (having consulted with the Executive Member with the relevant portfolio where appropriate) is authorised to take any action necessary to protect or promote the Council’s interests, subject to the restrictions noted in paragraph 2 above.
3.4 Without prejudice to the generality of 3.3 above, this includes exercising his/her professional judgment to take such decisions as are necessary to implement the Council’s policies and to promote the management and delivery of the services which are his/her responsibility.
3.5 In all cases delegated authority includes management of the human and material resources made available for their functions, directorates or services subject to the limitations of this Scheme and any other specific delegations provided for in this Scheme or elsewhere to another officer.
3.6 In all cases delegated authority includes the power under all legislation relevant to the functional areas of the Officer concerned to:-
3.6.1 issue, make and serve, suspend, revoke/vary and review the suspension of statutory and other notices, including notices to determine whether any person has a legal interest in land; 3.6.2 to consult upon, consider objections and representations received and if appropriate make orders or confirm orders; 3.6.3 authorise the commencement, institution, defence, appearance in or settlement of legal proceedings before courts or tribunals; 3.6.4 take default or enforcement action and/or undertake work in default or with agreement; 3.6.5 authorise officers to appear and/or make applications on behalf of the Council in courts, tribunals, review boards and inquiries, and to sign all necessary documents in respect of any legislation, regulations, codes of practice or bye- laws for the time being enforceable by the Council; 3.6.6 seize or authorise the seizure of goods/other articles forming evidence. (This
3 51 is not meant to restrict the powers already available to officers duly authorised under specific legislation); 3.6.7 lay or authorise the laying of information for the purpose of obtaining a warrant, whether of search entry or otherwise; 3.6.8 issue and serve, renew and serve and impose or vary conditions in relation to any licence, registration permit or other authorisation granted or to be granted by him/her or in accordance with any relevant statutory requirements; 3.6.9 appoint Inspectors and authorised Officers 3.6.10 determine applications for services, assistance, grants or otherwise.
3.7 An Officer has authority to authorise his/her staff or consultants or agency workers in appropriate cases to exercise such powers as necessary to enter or inspect any land, buildings or properties and to provide any evidence or authority as necessary for discharging their duties in accordance with the Council’s statutory powers.
3.8 In all cases, delegated authority includes:
3.8.1 the power to determine applications, subject to any limitations or restrictions set out elsewhere in this Scheme 3.8.2 authorise payments and 3.8.3 implement national agreements within the policies and budget set by the Council, Executive or Committees.
3.9 It shall always be open to an Officer not to exercise delegated powers but to refer the matter to the Council, the Executive or a committee (as appropriate).
3.10 In exercising delegated powers, officers shall consult with such other relevant officers and shall have regard to any advice given.
3.11 Each Officer in Sub Section B and C is authorised as an Authorised Officer for the purpose of the Regulation of Investigatory Powers Act 2000 and may authorise other officers within their service similarly to be Authorised Officers.
4. Record of Exercise of Any Decision
In the case of decisions taken by full Council, Executive meeting, Chief Executive or a Corporate Director:-
(a) the written record of the decision, in the prescribed form, will be sent to, and kept by, the Head of Legal & Democratic Services; (b) the written record of the decision will be open to public inspection, except where it contains confidential or exempt information; and (c) a copy will be sent to the Head of Finance if the decision requires a call on budget which should be notified to him/her.
Decisions (except those of an operational, technical or professional nature) made by the Executive will be published in the Executive Decision Register. Similar decisions made by an Officer in connection with an Executive function will be published in the Executive Decision Register.
4 52
In the case of all other decisions:-
(a) the written record of the decision will be kept in accordance with the requirements of the relevant Corporate Director; (b) the written record of decision will be open to inspection by a Councillor in accordance with the Access to Information Procedure Rules; and (c) a copy will be sent to the Head of Finance if the decision requires a call on budget which should be notified to him/her.
For the avoidance of doubt, the record of the exercise of a delegated power may relate to the exercise of one or more power where the powers have been exercised contemporaneously.
5. Urgent Action – Non Executive Functions
5.1 Where urgent action is necessary between either County Council or Committee meetings, and the Authority of the County Council or that Committee is necessary to give effect to the action the following provisions will apply:-
a) The Chief Executive/Corporate Director (or in their absence their duly authorised Deputy or nominee) concerned must consult with the Chair and/or the Vice-Chair of the Council or relevant Committee and the Leader and /or the Deputy Leader of the Council and the Chair or Vice Chair of the relevant Overview and Scrutiny Committee or in the absence of such Chair or Vice Chair, the Chair of the Scrutiny Co-ordinating Committee to consider whether it is either desirable or possible to convene a meeting of the County Council or the Committee in time for the decision to be taken.
b) If in the opinion of the Chief Executive (or in his absence his duly authorised Deputy) following such consultation, it is either impossible to convene such a meeting or it is not considered desirable, then the County Council expressly delegates to the Chief Executive (or duly authorised Deputy) the power to act, subject only to further detailed consultation with the Chair/Vice-Chair of the Council/Committee and the Leader/Deputy Leader of the Council and the Chair or Vice Chair of the relevant Overview and Scrutiny Committee or in the absence of such Chair or Vice Chair, the Chair of the Scrutiny Co- ordinating Committee and the decision taken being reported to the next meeting of the Council/Committee.
c) The circumstances of the urgency and the nature of the decisions taken shall be recorded in a record of the decision.
6. Urgent Action – Executive Functions
6.1 In the absence of the Leader, Deputy Leader and appropriate Executive Member, the Chief Executive (or, in his absence, his duly authorised Deputy) shall have the delegated power to make decisions on any matter where urgent action is necessary between meetings of the Executive provided:-
5 53
(a) The Chief Executive (or duly authorised Deputy) consults with at least 2 other available Members of the Executive and the Chair of the relevant Scrutiny Committee. (b) The decision is reported to the next meeting of the Executive.
6 54 SUB-SECTION B - GENERAL DELEGATIONS TO CHIEF EXECUTIVE AND CORPORATE DIRECTORS
NOTE: The following delegations must be read in conjunction with the foregoing Sub- Section A which sets out the overall basis, limitations, and further provisions which apply to this Scheme of Delegation.
All delegated decisions taken in this sub-section, apart from CD1 and CD2 (Council Functions), will be published in the Executive Decision Register, whether exercised by the delegatee or a person authorised by him/her under his/her authority and in his/her name.
General Delegation:
The Chief Executive and all Corporate Directors shall be authorised:-
1.1 To make any decisions relating to any matter within their area of responsibility, provided always that the decision is:
a) within budget b) in accordance with the Council’s policy framework c) in accordance with the Council’s Financial Procedure Rules and Contract Procedure Rules d) not a matter specifically reserved for full Council, a committee of the Council, the Executive or a Statutory Officer
1.2 To exercise the following Delegations:-
Ref Delegation / Authorisation Form of Evidence Human Authority to manage the human resources within their Relevant HR Resources area of responsibility, including the appointment, Form CD1 training, terms and conditions of employment, leave of absence, extensions of sick pay, health and safety, discipline, suspension and dismissal of staff, in accordance with the Council’s HR and financial policies and procedures and subject to appropriate consultation as outlined therein.
Limitations to the delegate authority Proposals which:- (1) involve the probability of redundancies and/or (2) cannot be implemented within existing budgets, and/or (3) have significant effects on the employment of existing staff generally in that or any other Council service area.
CD2 Authority to consider and approve, as appropriate, in Relevant HR consultation with the Head of Human Resources, Head Form of Finance and in accordance with the provisions of the Local Government Pension Scheme and the
7 55 Council’s approved policy and criteria, the early retirement of staff in the following circumstances: (1) in the interests of the efficiency of the service (2) who request voluntary retirement
Procurement To procure works, goods, services and/or supplies and Contract Pre and CD3 manage all aspects of the contract (except in relation to Post Tender management consultancy) where the estimated value Forms does not exceed £2,000,000 and the sum is allocated in the budget for that purpose subject to compliance with the Contract Procedure Rules and the Policy and Budget Framework. Qualification: This may not be further delegated
CD4 Appointment of temporary staff over and above establishment for periods of 12 months or less where funding for the post(s) is/are from external sources.
CD5 To authorise, issue or approve variations in accordance with the values and/or thresholds, as set out in the Contract Procedure Rules.
CD6 To appoint persons to undertake management Contract Pre and consultancy up to a value of £200,000 where the sum Post Tender is allocated in the budget and for that purpose, subject Forms to compliance with the Contract Procedure Rules and the Policy and Budget Framework. Qualification: This may not be further delegated
Other Within service areas to vire sums not exceeding Virement Form CD7 £75,000 provided under any one budget head during the year to other purposes (revenue only), subject to compliance with the Financial Procedure Rules. Qualification: This may not be further delegated
CD8 To authorise the disposal (as recommended by the Acquisition/ Land Disposal Panel) or acquisition of land not Disposal of Land exceeding £2,000,000 provided that the offer Form represents the best price reasonably obtained by the Authority in the case of a disposal and that the value represents no more than the market value of the land and is allocated in the budget in relation to acquisitions. Qualification: This may not be further delegated
8 56 SUB-SECTION C – GENERAL DELEGATIONS TO ALL HEADS OF SERVICE
(NOTE: the following delegations must be read in conjunction with the foregoing Sub- Section A which set out the overall basis, limitations and further provisions which apply to this Scheme of Delegation)
1. General Delegation:
All Heads of Service shall be authorised:-
1.1 To make any decisions relating to any matter within their area of responsibility, provided always that the decision is:
a) within budget b) in accordance with the Council’s policy framework c) in accordance with the Council’s Financial Procedure Rules and Contract Procedure Rules d) not a matter specifically reserved for full Council, a committee of the Council, the Executive, a Statutory Officer, the Chief Executive or Corporate Directors
1.2 To exercise the following Delegations:
Ref Delegation / Authorisation Form of Evidence
Human Authority to exercise the delegated powers of the Relevant HR Resources Chief Executive or Corporate Director, as appropriate, Form CO1 and in his/her name to manage the human resources within their area of responsibility, including the appointment, training, terms and conditions of employment, leave of absence, extensions of sick pay, health and safety, discipline, suspension and dismissal of staff, in accordance with the Council’s HR and financial policies and procedures and subject to appropriate consultation as outlined therein.
Proposals which:- (1) involve the probability of redundancies and/or (2) cannot be implemented within existing budgets, and/or (3) have significant effects on the employment of existing staff generally in that or any other Council service area Qualification: This may not be further delegated
CO2 Authority to exercise the delegated powers of the Relevant HR Chief Executive or Corporate Director, as appropriate, Form and in his/her name to consider and approve, as appropriate, in consultation with the Head of Human Resources, Head of Finance and in accordance with the provisions of the Local Government Pension
9 57 Scheme and the Council’s approved policy and criteria, the early retirement of staff in the following circumstances: (1) in the interests of the efficiency of the service (2) who request voluntary retirement Qualification: This may not be further delegated
CO3 To sanction paid time off for Trade Union courses which are in accordance with the ACAS Code of Practice and in consultation with the Head of HR or her representative.
Procurement To procure works, goods, services and/or supplies and Contract Pre and CO4 manage all aspects of the contract (except in relation to Post Tender management consultancy) where the estimated value Forms does not exceed £1,000,000 and the sum is allocated in the budget for that purpose subject to compliance with the Contract Procedure Rules and the Policy and Budget Framework. Qualification: This may not be further delegated
CO5 Appointment of temporary staff over and above establishment for periods of 12 months or less where funding for the post(s) is/are from external sources.
CO6 To authorise, issue or approve variations in accordance with the values and/or thresholds, as set out in the Contract Procedure Rules.
Other To make any applications under the planning CO7 legislation to the Authority as Local Planning Authority in relation to development of land for which the Head of Service is responsible including planning applications to develop any land held by the Authority or for the development of any land by the Authority whether on its own or jointly.
CO8 To manage any operational land or premises or assets and to secure such maintenance, repair or renewal of the same, save that the purchase repair, leasing, hire, disposal and maintenance of vehicles will be managed in accordance with arrangements made by the officer who is for the time being the Authority’s Fleet Manager.
CO9 Within service areas to vire sums not exceeding Virement Form £75,000 provided under any one budget head during the year to other purposes (revenue only), subject to compliance with the Financial Procedure Rules. Qualification: This may not be further delegated
10 58 CO10 In accordance with any policy or strategy approved by Concessionary the Executive, the Council or a Committee to set fees Letting Form and charges (including licences and other consents) which may be made by the Authority and to waive such fees or charges or grant concessions (subject in each case to the prior approval of the Head of Finance where the sum is less than £100)
CO11 To make applications or submit bids for funding or Grant Submission financial assistance or assistance in kind, to any person Form or body and take all necessary steps to accept this assistance.
11 59 SUB-SECTION D – DELEGATIONS TO OPERATIONAL MANAGERS
1. General Delegations
All Operational Managers and Heads of Service shall be authorised:-
1.1 To make any decisions relating to any matter within their area of responsibility, provided always that the decision is: a) within budget b) in accordance with the Council’s policy framework c) in accordance with the Council’s Financial Procedure Rules and Contract Procedure Rules d) not a matter specifically reserved for full Council, a committee of the Council, the Executive, a Statutory Officer, the Chief Executive or Corporate Directors, Chief Officers or Heads of Service
1.2 To exercise the following Delegations:-
Ref Delegation / Authorisation Form of Evidence
Human Authority to manage the human resources within their Relevant HR Resources area of responsibility except to the extent that any Form OM1 action would conflict with the approved Human Resources policies and procedures.
Procurement To procure works, goods, services and/or supplies and Contract Pre and OM2 manage all aspects of the contract (except in relation to Post Tender management consultancy) where the estimated value Forms does not exceed £500,000 and the sum is allocated in the budget for that purpose subject to compliance with the Contract Procedure Rules and the Policy and Budget Framework.
OM3 To authorise, issue or approve variations in accordance with the values and thresholds, as set out in the Contract Procedure Rules.
OM4 To issue warnings and, where appropriate, dismiss staff under the Council’s Sickness Absence Policy/ Procedure.
12 60 SUB-SECTION E – SPECIFIC DELEGATIONS TO STATUTORY , LEGAL, FINANCIAL, HUMAN RESOURCES AND TECHNICAL SERVICES OFFICERS
(NOTE: the following delegations must be read in conjunction with the foregoing Sub- Sections A and B which set out the overall basis, limitations and further provisions which apply to this Scheme of Delegation and also general delegations to the Chief Executive and Corporate Directors)
All delegated decisions of Executive functions taken in this sub-section by the Officers will be published in the Executive Decision Register, except those of an operational, technical or professional nature.
Chief Executive & Head of Paid Service
CE1 To exercise any Executive Function in any case of urgency as set out in paragraph 6 of Sub Section A. CE2 In cases of urgency or emergency, to take any decision on behalf of the Council as set out in paragraph 5 of Sub Section A. CE3 To be Head of Paid Service CE4 To exercise corporate Council functions as appropriate CE5 To incur expenditure in the event of a civil emergency CE6 For the purposes of the Local Government (Contracts) Act 1997, for the Head of Finance and any one of the following – Chief Executive, Head of Legal & Democratic Services, to sign each certificate given under the Act. CE7 To the Chief Executive to make decisions on employee terms and conditions, (including procedures for dismissal), except those relating to: • Chief Executive, Chief Officers and other NJC Officer posts; • Changes to the Council’s pay and grading structure; • Changes of employee terms and conditions which are the subject of contention with the trade unions CE8 Functions of the Returning Officer. CE9 Functions of the Electoral Registration Officer. CE10 To appoint proper officers where required at law for the performance of Council and Executive Functions. CE11 To approve new operational HR employment policies and changes to existing policies as required. CE12 To declare land/property as surplus to operational requirements in consultation with the Head of Finance and the Corporate Director of the relevant service area. Qualifications: these may not be further delegated
Local Government Act 1972 Part V – General Provisions as to Members & Proceedings of Local Authorities
CE13 Section 83(1) to (4) – Witness and Receipt of Declarations of Acceptance of Office CE14 Section 84- Receipt of Declaration of Resignation of Office CE15 Section 88(2) – Convening meeting to fill casual vacancy of Chairman CE16 Section 89(1)(b) – Receipt of Notices of Casual Vacancy
13 61 Head of Legal & Democratic Services & Monitoring Officer
LD1 To authorise an officer of the Authority for any purpose the performance of which is a Council or Executive Function where statute requires that the officer should be authorised for that specific purpose or purposes.
LD2 All Proper Officer functions not allocated to other officers and to act as Solicitor to the Council.
LD3 • Authority to affix the Common Seal of the Council. • Responsibilities in relation to the Sheriff's warrant.
In the absence of the Chief Executive to act as the Proper Officer for the purpose of LD4 the following sections of the Local Government Act 1972:
o Witness and receipt of declarations of office. (Section 83) o Receipt of declaration of resignation of office. (Section 84) o Convening of meeting of Council to fill casual vacancy in the office of Chairman. (Section 88) o Receipt of notice of casual vacancy from 2 local government electors. (Section 89)
Part XI General Provision – Documents and Notices etc LD5 • Section 228(3) – Inspection of accounts. • Section 229(5) – Certification of official documents. • Section 231(1) – Receipt of Notices served on the Council. • Section 233 – Service of Notices by the Council. • Section 234(1) & (2) – Signing of documents. • Section 238 – Certification of by-laws.
Local Government Housing Act 1989 LD6 • Matters relating to Political Balance (Sections 15 and 16)
Local Government (Committees & Political Groups) Regulations 1990 LD7 Regulation 8 – Receipt of notice of formation of political groups and changes in membership of political groups.
Constitution (including Standing Orders) LD8 To exercise delegations as set out in the Constitution (including Standing Orders).
Appointments
LD9 To appoint councillors and/or non-councillor members to committee seats allocated to political groups or nominating bodies (or to make changes, fill vacancies or give effect to temporary membership changes – “substitutions”) in accordance with the wishes of political groups and member nominating body.
14 62 LD10 To make appointments to outside bodies in accordance with the decision of the Executive, the Council or the delegated decision of a meeting of the Group Leaders/Deputy Leader.
LD11 To constitute the membership of appeals and complaints committees and Council Tax/Benefit Revenue Boards from panels of trained members or independent persons where appropriate.
Representing the Council in the Courts, Tribunals or at Public Enquiries
LD12 To commence, institute, defend, withdraw or compromise any claims or legal proceedings, civil or criminal, in consultation with the relevant Officer, except where power to institute proceedings is delegated to or vested in specific officers.
LD13 To appear personally or authorise officers of the Council to appear on the Council’s behalf in court proceedings or at any tribunal or public or local inquiry.
LD14 To engage Counsel or external Solicitors to represent the Council at any proceedings.
LD15 To defend and settle (subject to consultation with the relevant Officer and the Head of Human Resources) any Employment Tribunal proceedings.
Orders
LD16 To make all Statutory Orders.
LD17 Instituting criminal proceedings in cases of assault against employees where it is considered appropriate to do so in the interest of the County Council and where such proceedings have not been undertaken by Police.
15 63
Head of Finance & Section 151 Officer
FS1 Delegated powers conferred on the Head of Finance under the Financial Procedure Rules.
FS2 To be the Officer with responsibility for the proper administration of the Council’s financial affairs under Section 151 of the Local Government Act 1972 and meeting the requirement under Section 113 of the Local Government Finance Act 1988 to be a member of one of the recognised accountancy bodies.
FS3 To nominate a properly qualified member of staff to deputise should the Head of Finance be unable to perform his/her duties under Section 114 of the Local Government Finance Act 1988.
FS4 To facilitate and manage the co-ordination of medium term financial planning, annual budget planning, budget monitoring and the preparation of statutory and other accounts, associated grant claims and supporting records.
FS5 To manage the Council’s financial affairs and services, including all matters relating to the General Fund, Housing Revenue Account, Treasury Management, Reserves and Provisions, Subsidiary Accounts and all other funds established under statutory requirements.
FS6 For the purpose of the Local Government (Contracts) Act 1997, authority for the Head of Finance and any one of the following – Chief Executive, Head of Legal & Democratic Services, to sign each certificate given under the Act.
FS7 To carry out the functions and exercise the powers of the Authority under Part 1 of the Local Government Finance Act 1988 (Administration and Collection of Community Charges).
FS8 To carry out the functions and exercise the powers of the Authority under Parts I and II of the Local Government Finance Act 1992 (except determinations under Sections 8(2) or 12(1) of the 1992 Act) (Administration and Collection of Council Tax). FS9 To carry out the functions and exercise the powers of the Authority under Part II of the Local Government Finance Act 1988 (except Sections 47 and 56 and Schedules 7 and 7A) (Administration and Collection of Non-Domestic Rates).
FS10 To accept nominations of admitted bodies to participate in the Superannuation Fund.
FS11 To determine the appropriate rate of interest where chargeable under the statutory powers of the Authority.
FS12 To issue proceedings (and under Section 223 of the Local Government Act 1972 be authorised to appear on behalf of the County Council at the hearing of any legal proceedings in the Magistrates Court) by way of an application for the issue of a Liability Order in respect of:-
16 64 • unpaid Council Taxes and penalties under Part VI of the Council Tax (Administration and Enforcement) Regulations 1992; by way of an application for the issue of a warrant of commitment to prison under Part VI of the Council Tax (Administration and Enforcement) Regulations 1992; to require financial information, to make an Attachment of Earnings Order; to levy the appropriate amount by distress and sale goods; and to exercise all other enforcement powers of the County Council under the Council Tax (Administration and Enforcement) Regulations 1992 and any subsequent amendments of such Regulations. • unpaid rates; by way of an application for the issue of a warrant of commitment; and to exercise all other powers of enforcement of the County Council under the Non-Domestic (Collection and Enforcement) (Local Lists) Regulations 1989 and any amendments thereto.
FS13 To engage the services of bailiffs for the service of summonses and warrants of commitment, obtaining financial information, the levying of distress warrants and the sale of goods and any appropriate action for the recovery of outstanding Community Charges under the Local Government Finance Act 1988 and any regulations made thereunder and outstanding Council Taxes and penalties under the Local Government Finance Act 1992 and any Regulations made thereunder.
FS14 To engage the services of bailiffs to serve such summonses, distress warrants, liability orders or warrants of commitment, to levy distress and to sell goods as may be necessary to recover outstanding rates.
FS15 In accordance with any policy or strategy decided by the Authority to approve decisions relating to the management of the Pension Fund and the administration of pension benefits.
FS16 To carry out functions relating to local government pensions etc pursuant to Regulations under Section 7, 12 or 24 of the Superannuation Act 1972; and functions relating to pensions, allowances and gratuities pursuant to Regulations under Section 18(3A) of the Local Government and Housing Act 1989.
17 65
Head of Human Resources
HR1 To apply the job evaluation scheme in determining or reviewing levels of remuneration for all non-teaching posts within the Council.
HR2 To agree time off for authorised Trade Union activities.
HR3 To determine the number of employees to attend Trade Union training courses.
HR4 Appointment of temporary staff over and above establishment for periods in excess of 12 months where the funding for the post(s) is/are from external sources.
HR5 Market Supplements – to approve the payment of market supplements of up to a maximum of 30% of salary.
HR6 Determine requests for extension of half sick pay.
HR7 To determine appeals from staff with regard to unsuccessful applications for flexible working.
HR8 Approval of applications for voluntary severance for Operational Manager and below.
HR9 To determine applications under the Injury Allowance Scheme.
HR10 To approve deductions from pay in suitable cases when requested by the member of staff in question.
18 66
Head of Technical Services
TS1 To approve the acquisition of land or an interest in land at a cost not exceeding £100,000 providing that the value does not exceed the market value.
TS2 To take or grant leases at rents not exceeding £100,000 pa.
TS3 To agree rent reviews where the change in rent does not exceed £100,000 pa.
TS4 To agree renewal or restructuring of existing leases where the rent does not exceed £100,000 pa.
TS5 To grant the release or modification of restrictive covenants.
TS6 To accept offers for disposals of land/or an interest in land where the value does not exceed £1,000,000 and on the recommendations of the Land Disposal Panel.
TS7 To grant grazing licences, easements, leases of utility undertakings for operational purposes, temporary licences and renewals.
TS8 To grant landlord’s consent to alterations to land involving change of use.
TS9 To agree the sale of residential freehold reversions.
TS10 To grant the release or modification of restrictive covenants for alterations to residential premises.
TS11 To settle Part 1 claims under the Land Compensation Act 1973.
TS12 To grant landlord’s consent to the assignment of existing tenancies.
TS13 To grant landlord’s consent to the subletting of existing tenancies.
TS14 To grant landlord’s consent to alterations to land involving no change of use.
19 67 SUB-SECTION F – SPECIFIC DELEGATIONS TO OFFICERS
1. The Officers named below shall be authorised to exercise the following delegations, provided always that the decision is: a) within budget b) in accordance with the Council’s policy framework c) in accordance with the Council’s Financial Procedure Rules and Contract Procedure Rules d) not a matter specifically reserved for full Council, a committee of the Council, the Executive, a Statutory Officer, the Chief Executive or Corporate Directors, Chief Officers or Heads of Service.
Ref Delegation / Proper Officer Roles
Head of Adult • To decide on the reception of persons into guardianship of the Social Services Authority under Sections 7 and 37 of the Mental Health Act 1983, exercise of functions of nearest relative of persons so suffering and to make appointments of Approved Social Workers.
Head of Children’s • To undertake the responsibilities of the Council’s Lead Officer Services under the Children Act 2004 as amended and extended from time to time. • To decide on the making of applications to the High Court under its inherent powers. • To decide on the making of applications in respect of abducted children under the Hague or other conventions.
Democratic To be the Proper Officer for the purpose of the following sections: Services Manager Local Government Act 1972 • Signature of summons to Council meetings (Section 99 and Schedule 12 Para 4(3)) • Receipt of notices of address to which summons should be sent (Section 99 and Schedule 12 Para 4(3)) • Access to agenda and connected reports (Section 100B) • Inspection of Minutes and other documents of the meetings (Section 100C) • Written summary of proceedings where Members of the public excluded (Section 100C) • Additional rights of access to documents for Members (Section 100F)
Local Government and Housing Act 1989 • List of Politically Restricted Posts (Section 2).
Local Government (Wales) Act 1994 To make determinations as a qualified person under section 36 of the Freedom of Information Act. The Head of Legal & Democratic
20 68 Services has similar determination powers as the Council’s Monitoring Officer.
Head of 1. Subject to the following restrictions:- Planning Services (a) Where objections are received from consultees or members of the public the issuing of permission shall follow consultation with the Chairman and Vice-Chairman of the Planning & Development Control Committee and be subject to either of them requesting that the application being referred to Planning & Development Control Committee for determination. In the absence of the Chairman or Vice-Chairman another Member of the Planning and Development Control Committee who has received the appropriate planning training may deputise for either the Chairman or Vice-Chairman in their absence.
(b) Where a Member requests in writing during the consultation period that any application in his or her ward should be determined by the Planning & Development Control Committee.
(c) Where an adjoining Ward Members whose Ward is likely to be significantly affected by the development in question requests in writing during the consultation period that the application be determined by the Planning & Development Control Committee.
(d) Where the application constitutes a departure from the Development Plan.
The Chief Planning Services Officer shall have power to act and determine applications in accordance with the Council's Planning Policies in the following categories:-
(a) alterations and/or extensions to residential property, the construction of and alterations and/or extensions to domestic garages and structures;
(b) alterations and/or extensions to non-residential buildings or structures where the additional net floor space or ground area does not exceed 2000 sq.m. or 50% of the existing whichever is the greater, where the resultant building or structure would not exceed 15 metres in height above ground level and alterations to and the provision of new entrances and means of escape;
(c) new non-residential developments which do not create more than 2000 sq.m. net floor space or exceed 15 metres in height above ground level and/or where the site does not exceed 2 ha.;
Note: the limits in (a) and (b) above be increased to 5000 sq.m. and 5 ha. respectively on established industrial estates/business parks
21 69 or land allocated for such purposes in the UDP.
(d) construction and/or alteration of vehicular and pedestrian accesses to highways;
(e) erection of satellite dishes, radio antennae and other telecommunications equipment;
(f) development on allotments;
(g) provision of means of enclosure;
(h) alterations to and/or provision of new shop and office fronts and the provision of roller shutters and canopies;
(i) changes of use to buildings and land where the floor area does not exceed 2000 sq.m. or the site area does not exceed 2 ha.
(j) residential development which does not exceed 0.5 ha, substitution of house types and variation of housing layouts;
(k) development by the County Council, statutory undertakers (including privatised utilities) and Government departments and agencies falling within any other category (a) to (u) hereof;
(l) construction above and below ground of storage tanks with a volume no greater than 10,000 litres, pipes, sewers, drains and power lines of no more than 1 Km. in length and associated pumping stations and sub-stations;
(m) tipping of inert, non-toxic waste on sites not exceeding 1 ha. in area;
(n) demolition of buildings;
(o) conservation area consent;
(p) listed building consent;
(q) amendments to schemes with planning permission;
(r) renewal of temporary permission;
(s) reserved matters and any application or request for approval, agreement or consent pursuant to a condition imposed on a planning permission or approval and the subsequent discharge of the condition;
(t) renewal of time limited permissions which have not lapsed and where circumstances have not materially altered;
22 70
(u) variation or removal of planning conditions.
2. The Chief Planning Services Officer shall also have delegated powers to act in relation to those matters set out in Schedule One hereto.
3. To determine the need for Environmental Assessments and the issue of screening and scoping opinions in respect of development proposals.
Executive Functions
1. To respond to the Forestry Commission in relation to Notices regarding Felling Licence Applications under Section 15 of the Forestry Act 1967.
2. To prepare development briefs.
3. To take any urgent decision arising from the work of the Planning Division following consultation with the Chairman and Vice- Chairman.
4. To determine grant applications under the Flintshire Historic Building Repair Grant Scheme in consultation with the appropriate Executive Member.
5. To determine Landscape and Conservation Grant applications in consultation with the appropriate Executive Member.
6. To determine Holywell TH1 Grant applications in consultation with the appropriate Executive Member.
23 71 Schedule 1 DELEGATED POWERS TO CHIEF PLANNING SERVICES OFFICER Schedule 1 LEGISLATION DESCRIPTION SECTION POWER Town and Country Planning Tree Preservation Orders and 198, 201, 300 Making, service and confirmation of Act 1990 (as amended). Trees in Conservation Areas. provisional TPO’s where no objection is received Revocation of TPO’s Notices requiring replacement 207, 209 Making and service and recovery of costs in of trees. default.
Determination of requests for 198 Granting or refusal. consent to fell, top or lop trees covered by TPO's and/or in Conservation Areas.
Dispensations with regard to 206, 213 Granting or refusal. replanting.
Notices requiring proper 215, 219 Making, service and withdrawal and recovery maintenance of land. of costs in default.
Breach of Condition Notices. 187A Making, service and withdrawal.
Planning Contravention 171C Making, service, and determination of Notices. response to any offers and representations made at time and place meetings.
24 72
LEGISLATION DESCRIPTION SECTION POWER
Town and Country Planning Stop Notices. 183 Making, service and withdrawal of Notice. Act 1990 (as amended) (continued).
Enforcement and Special 172, 173A, Making, service, variation and withdrawal. Enforcement Notices. 294
Information as to interest in 330 Making and service of notices. land. Repetitive Applications. 70A To decline to determine such applications.
Applications for Certificates 191, 192 Consideration and determination. of Lawfulness of existing or proposed use or development.
Applications for Express 220 Consideration and determination. Consent to Display Advertisements.
Advertisements, Placards or 224, 225 Removal and/or obliteration and making and Posters Displayed in service of discontinuance orders. Contravention of Advertisement Regulations.
25 73
LEGISLATION DESCRIPTION SECTION POWER Town and Country Planning Applications for Prior 84 Consideration and determination. Act 1990 (as amended) Approval under the Delyn (continued). Simplified Planning Zone Scheme.
Directions to restrict the 60 Making and service. exercise of permitted development rights in conservation areas.
Applications for Prior 60 Consideration and determination. Approval under Article 3 and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.
Planning (Listed Buildings Building Preservation Notices. 3 Making and service. and Conservation Areas) Act 1990. Listed Building Enforcement 38 Making, service, variation and withdrawal. Notices.
Listed Building Repairs 48 Making and service. Notices. Dangerous Structures Orders. 56 Making and service.
Urgent works to preserve 54, 55 Making and service of notices and recovery of unoccupied listed buildings. expenses.
26 74 LEGISLATION DESCRIPTION SECTION POWER
Planning (Listed Buildings Contribution to preservation 57 Processing and award of grants in accordance and Conservation Areas) Act of listed and unlisted buildings with the Council's agreed procedures and 1990 (continued). of architectural or historic policies. interest. Planning (Hazardous Hazardous Substances 24, 24A Making, service, variation and withdrawal. Substances) Act 1990. Contravention Notices. Land Compensation Act Applications for Certificates 17 Consideration and determination. 1961 (as amended). of Appropriate Alternative Development. Environment Act 1995. Second list of sites or changes 96 Obtain relevant information for, or take any to first list of sites. other action to publicise.
Mineral Planning - Phase I Granting of extensions of time for submissions and II Sites of applications for appeals of conditions under the Environment Act 1995 (26th November, 1996)
Mineral Planning - Phase I Schedule Authority to opine that the Council is unable to and II Sites 13(9) determine applications without further specific details
The Hedgerow Regulations Authority to respond to Hedgerow Renewal 1997 (S.I. 1160) Notes and to agree extensions of response for building and conduct appeals (24th June, 1997)
27 75 Building 1. To act as the Proper Officer for the purposes of Section 78 of the Control Building Act 1984 on the basis that he may authorise other Manager appropriate officers to exercise the functions of the Proper Officer subject to such limits as he sees fit.
Head of 1. To ensure the appointment of a suitably qualified person who shall Public be designated the Chief Inspector of Weights and Measures for the Protection Authority and to be responsible for the carrying out of the functions related to such post.
2. To provide a Home Authority Service to businesses.
3. Authorisation to appoint appropriate officers to exercise the powers contained in Section 19 and Sub-Section 2 of Section 20 and Sections 21, 22, 23, and 38 of the Health and Safety at Work, etc. Act 1974.
4. To appoint a Public Analyst as required by the provisions of the Food Safety Act in consultation with the Director of Environment and Regeneration.
5. Authority to appoint any other Inspectors and authorised officers under the legislation relevant to the functional areas of the post.
6. To engage testing houses, consultants and other appropriate persons to test, analyse and provide opinions on goods and services in relation to the functions of this Directorate.
7. To appoint an Agricultural Analyst and Deputy(ies).
Trading To act as the Chief Inspector of Weights and Measures and to Standards exercise the functions assigned to the Council as a weights and Manager measures authority.
Health, 1. To approve applications under the Licensing Act 2003 for:- Safety & Licensing (a) a personal licence when no objection is made; Manager (b) a premises licence/club premises certificate where no relevant representation is made;
(c) a provisional statement where no relevant representation is made;
(d) a variation of a premises licence/club premises certificate where no relevant representation is made.
(e) for the variation of a designated premises supervisor;
(f) removal as a designated premises supervisor where there is no
28 76 Police objection, or
(g) an application for a transfer of premises licence where no Police objection is received;
(h) an application for interim authorities where no Police objection is received.
2. To decide on whether a complaint is irrelevant, frivolous or vexatious, etc.
3. Power to enter all non-smoking premises in order to establish that the smoke free legislation is being enacted in accordance with the law including the authority to give out fixed penalty notices to anyone they believe are committing or have committed an offence under the legislation or to institute proceedings generally in relation to offences under the Health Act 2006.
4. Power to authorise other appropriate officers to enter premises and issue fixed penalty notices in accordance with the provisions of 3 above.
5. The powers granted to Officers in relation to the Gambling Act 2005 set out in the schedule to Article 11.
Senior 1. To recover possession of Council dwellings in appropriate cases Housing pursuant to the provisions of the Housing Act 1985. Officer
Head of 1. To put into effect the decisions of TAITH on behalf of the Council Highways as the Lead Authority. and Transportation 2. To consider objections/representations received following the advertisement of intention to make Orders under Highways Legislation and to confirm the making of proposed Orders or otherwise including making amendments where appropriate following consultation with local Members and the Executive Member for Environment.
29 77 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 16
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: HEAD OF LEGAL AND DEMOCRATIC SERVICES SUBJECT : CONSUMPTION OF ALCOHOL IN PUBLIC PLACES (ALCOHOL CONTROL ZONES)
1.00 PURPOSE OF REPORT
1.01 To consider the making of an Order under Section 13(2) of the Criminal Justice and People Act 2001 designating public places within the County as (an) alcohol control zone(s) for the purposes of Section 13(1) of the Act.
2.00 BACKGROUND
2.01 At a meeting of the County Council held on the 28 October, 2008 Members resolved:-
"That Flintshire County Council agree in principle to introducing alcohol control zones in all appropriate public places within the County and called upon the County Legal & Democratic Services Officer to commence a consultation procedure and present the evidence to a future meeting."
2.02 Prior to formal consultation there had been significant contact with Town and Community Councils in relation to the designation of individual alcohol control zones for specific public places within their areas. Alcohol control zones had already been designated for:-
· Flint Castle · Wepre Park including Ewloe Castle · Two areas in Mynydd Isa · Greenfield Valley Heritage Park · Maes Bodlonfa and Bailey Hill, Mold · Playing fields, Sandycroft, Deeside
2.03 Requests had also been received to designate a further 18 public places throughout the County. Discussions on the designation of alcohol control zones have taken place at the last two meetings of the County Forum. Whilst representatives of Town and Community Councils at the meetings were generally supportive of a County wide alcohol control zone, contrary views were expressed on both occasions suggesting that an alcohol control
Date: 24/03/2009 78 Flintshire County Council
zone for the whole of the County was disproportionate to the problem in question.
2.04 Following the first meeting of the Community Forum on the 20 October, I wrote to the Clerks of all Town and Community Councils setting out the effect of an Alcohol Control Zone Order and requesting lists of public places within their areas where there was evidence of nuisance or annoyance to the public as a result of disorder associated with the consumption of intoxicating liquor. I indicated that once I had received responses, a report would be presented to the Council to determine those places that will be identified in the proposed Order.
2.05 18 Town and Community Councils responded to the consultation letter and a summary of their responses is set out at Appendix A. Appendix B sets out the areas which have been the subject of previous requests by Halkyn, Holywell, Buckley, Shotton, Hawarden and Connah's Quay Town and Community Councils. 3.00 CONSIDERATIONS
3.01 During the course of the consultation with Town and Community Councils the Home Office published new guidance in relation to alcohol control zones entitled 'Guidance on Designated Public Place Orders (DPPOs)'. An extract of the Guidance is set out at Appendix C. It will be noted that the Guidance gives advice on the designation of borough wide DPPOs and this Guidance would not doubt apply to county wide DPPOs. The advice is that they should be made with caution, Members having satisfied themselves that there is evidence of alcohol related anti-social behaviour in each and every part of the borough. There will be a need to justify the decision by pointing to evidence of alcohol related nuisance or annoyance in each and every part of their borough.
3.02 A letter of consultation was also sent to the Chief Constable and a meeting with a North Wales Police representative was held to review the evidence that had been collated and the responses received from Town and Community Councils. Consideration was given to an analysis of alcohol related crime throughout the County for the period 1 April, 2007 - 31 March, 2008. An extract of the analysis is set out at Appendix D from which it can be seen that every Town and Community Council area throughout Flintshire has been affected by alcohol related crime.
3.03 One of the issues discussed at the County Forum and with North Wales Police is the danger of displacement of the problem if alcohol control zones were focused on specific areas such as individual recreation grounds, commons or play areas.
3.04 It was also recognised that it was likely that the reported incidents set out in Appendix D were just the tip of the iceberg. In the circumstances it was
Date: 24/03/2009 79 Flintshire County Council
suggested that North Wales Police were likely to support a designation of a County wide zone for Flintshire. The Chief Superintendent, Ruth Purdie, has subsequently confirmed that that is the case.
3.05 Should the Council still wish to designate alcohol control zones, it has two options:-
· To designate one County wide alcohol control zone for Flintshire based upon the evidence collated, or · To designate alcohol control zones for each area set out in Appendices A and B as requested by Town and Community Councils throughout Flintshire. 3.06 Whichever option is chosen, there will be significant financial implications as there is no budgetary provision for the large number of signs that would be required for the purposes of enforcing the Order or Orders made. As reported to the County Council at its meeting on the 28 October, signs are likely to cost £100 each including display and there will need to be sufficient bilingual signs to make the public aware that alcohol control zones affect the relevant public places. The cost of advertising is also likely to be approximately £2,000-3,000 depending on the option agreed.
4.00 RECOMMENDATIONS
4.01 That Members consider making an Order under Section 13(2) of the Criminal Justice and Police Act 2001 identifying either the whole of Flintshire County Council or the public areas listed in Appendices A and B as (a) designated public place(s) alcohol control zone(s) for the purpose of Section 13(1) of the Act.
4.02 That the Head of Legal & Democratic Services be authorised to carry out formal consultation in relation to the option chosen.
5.00 FINANCIAL IMPLICATIONS
5.01 There is no budget allocation for advertising or the erection of signs. The costs will vary depending on the option chosen. There will need to be a greater number of signs for a County wide zone than for the listed public places. On the other hand the cost of advertising for a County wide zone would be less as it would not need to list all the open spaces. In either case the cost is likely to be between £20,000-25,000.
6.00 ANTI POVERTY IMPACT
6.01 None
7.00 ENVIRONMENTAL IMPACT
Date: 24/03/2009 80 Flintshire County Council
7.01 The designation of a zone will enable North Wales Police to deal with alcohol related nuisance/disorder.
8.00 EQUALITIES IMPACT
8.01 None
9.00 PERSONNEL IMPLICATIONS
9.01 There is a requirement for signs to be erected to enable enforcement action.
10.00 CONSULTATION REQUIRED
10.01 Town and Community Councils, North Wales Police, County Forum
11.00 CONSULTATION UNDERTAKEN
11.01 Town and Community Councils, North Wales Police, County Forum
12.00 APPENDICES
12.01 Appendix A - responses of Town and Community Councils to consultation letter
Appendix B - list of areas which have been the subject of previous requests by Halkyn, Holywell, Buckley, Shotton, Hawarden and Connah's Quay
Appendix C - extract from 'Guidance on Designated Public Place Orders (DPPOs)'
Appendix D - extract from an analysis of alcohol related crime throughout the County for the period 1 April, 2007 - 31 March, 2008
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
- Criminal Justice and Police Act 2001
- Local Authorities (Alcohol Consumption and Designated Public Places) Regulations 2007
- Guidance on Designated Public Place Orders (DPPOs) for Local Authorities in England & Wales
Contact Officer: Barry Davies Telephone: 01352 702344
Date: 24/03/2009 81 Flintshire County Council
E-Mail: [email protected]
Date: 24/03/2009 82 APPENDIX A ALCOHOL CONTROL ZONES
Requests by Town and Community Councils for control zones in response to letter of 24 November
Previous requests from: Halkyn, Holywell, Buckley, Shotton, Hawarden, Queensferry, Connah’s Quay not listed
Argoed • The shopping precinct and car park area around the community Community Council centre known as Mercia Square • The area in Mold Road known as The Bonc (aka Mynydd Isa Common)
Bagillt • Recreation/playing areas – Manor Drive and Bron y Wern. Community Council • The Leadworks at Merllyn Lane, Merllyn School area • The Library and surrounding grassed area • Council land between Gadlys Lane and Beechcroft/ Highfield Road and the grassed area at Beechcroft • High Street – in the car park next to Forresters Hall and seated area on adjacent pavement
Broughton & Bretton • The Country Park, Broughton Hall Road, Broughton Community Council • Brookes Avenue Playing Fields, Broughton • The front and rear of the Broughton Hall Road shops • Westminster Road Garage site, Broughton • Lansdown Road Garage site, Broughton • Warren Drive Garage site, Broughton
Brynford None Community Council
Buckley • Buckley Common (Higher) Town Council • Mountain Ward – Hawkesbury Community Centre car park; Skateboard park; Lower and Middle Commons; footpath from the cemetery to the Elfed High School • Bistre East – Junction of Brook Street/Chester Road – are between Prince of Wales flats to the Buckley Working Men’s Club; Lyme Grove (including play area) • Bistre West – Buckley Flash – play area, gardens, footpath and Bistre Church graveyard area; open ground and Crown Estate Land with accessing footpaths presently managed by FCC, situated between the Bryn Awelon housing estate and Nant Mawr Road, adjacent to the former Woodhouse Hotel, the site of which is currently being redeveloped; the open grass area, small wooded area and fenced play facilities adjacent to Princess Avenue. • Pentrobin – Coronation Gardens; are around Cross Keys Public House (including Army Lane/Knowle Hill; Higher Common including the play area; Enta Park; Millennium Gardens; footpath from Hawkesbury Road to Linthorpe Road (the footpath that goes to the rear of Clos-y-Capel); Buckley Heritage Trail. • General – all play areas within the Buckley area; Mold Road (from the Police Station to The Cross); Brunswick Road pedestrianised area; all town centre road and car parks.
Halkyn • The Centre of Pentre Halkyn Community Council (see previously submitted list)
C:\cadmin\AHAM-7Q9CFQ-JSND-7QFKBT.DOC 83 Hawarden None to add to previously submitted list Community Council
Holywell Holywell Town Council • Fron Park • Play area (Meadowbank) Holway • The old Church Hall site, Well Street Greenfield • Abbey Court • Field on Park Hall Road • Queens Road
Hope • Castle Hill, Caergwrle Community Council • Children’s play area, High Street, Caergwrle • Packhorse Bridge, Caergwrle • Coronation Gardens, Bridge End, Caergwrle • Area fronting Tegfan Court, Bryn Yorkin, Caergwrle
Leeswood • The centre of Leeswood • Ysgol Derwenfa playing field • Phoenix Park playing field • Ffordd Siarl playing field • Pontblyddyn play area • The cartilage of the Community Centre
Llanasa None Community Council Mold • Whole of Mold Town Centre, specifically Daniel Owen Square, Town Council Hallfields Bus Station, High Street by St. Mary’s Parish Church, High Street by the canopy between McColls and HSBC Bank
Mostyn • Maes Pennant Playing Field Community Council • Communal Council garage sites Maes Pennant • Grounds of Ysgol Bryn Pennant
Nercwys None Community Council
Northop Sychdyn Community Council • Tennant Sports Field, off Wat’s Dyke Way, Sychdyn • Former Sewage Works site, Sychdyn • Coronation Playing Fields, The Vownog, Sychdyn Northop • Northop CP School • St. Peter’s Churchyard, Northop • Bus shelter opposite the Edith Bankes Memorial Institute, Northop
Pen-y-ffordd None
Saltney • Park Avenue Recreation Field Town Council • Carlton Avenue Play Area • Tegid Way Play Area • Vicinity of Victoria Road shops • Ewart Street • North Street • Billy’s Park • St. David’s Terrace play area • Mainwaring Drive play area
C:\cadmin\AHAM-7Q9CFQ-JSND-7QFKBT.DOC 84 Shotton • Central Drive playing field Town Council
Trelawnyd & Gwaenysgor None – would prefer speeding control measures and opening of youth Community Council clubs
Ysceifiog • Children’s play area, Lixwm Community Council
C:\cadmin\AHAM-7Q9CFQ-JSND-7QFKBT.DOC 85 APPENDIX B
PREVIOUS REQUESTS FOR ALCOHOL CONTROL ZONES
• Gladstone playing fields, Hawarden • Vicars Close play area, Hawarden • Plough Lane playing fields, Aston, Hawarden • Truman's playing field, Hawarden • Play area at Carmel • A number of areas in Buckley including Buckley Common • King George Street playing fields, Shotton • The Nature Reserve, Taliesin Avenue, Shotton • 33 Club playing field, Shotton • North Street playing field and play area, Shotton • The Riverbank, Shotton • The Cattle Bridge, Shotton • Alexandra Street playing fields, Shotton • Play area at Circular Drive, Ewloe • Yowley Road playing field, Ewloe • Mancot playing field, Mancot • The centre of Pentre Halkyn • “Deeside Strip” along the B5129 • Play areas in Treuddyn, Coed Talon, Pontbybodkin, Llanfynydd
C:\cadmin\AHAM-7Q9CFQ-JSND-7QFKBT.DOC 86 87 88 89 90 91 92 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 17
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: DIRECTOR OF LIFELONG LEARNING SUBJECT : SCHOOL ADMISSION ARRANGEMENTS 2010
1.00 PURPOSE OF REPORT
1.01 To provide Members with background information on admissions in 2008/09.
1.02 To advise Members of the outcome of the statutory consultation exercise on the admission arrangements and to recommend approval for September 2010.
2.00 BACKGROUND
2.01 Members will be aware that the local authority is required each year to undertake a statutory consultation exercise on its admission arrangements for the following year. For September 2010, the authority must have determined its arrangements by 15 April 2009 and the statutory consultation must be concluded by 1st March 2009. In Flintshire, the consultation exercise began in January and closed on 27 February. All responses received are included in Appendix C.
2.02 Following the introduction of the Education (Determination of Admissions Arrangements) (Wales) Regulations 2005, local authorities were required to apply a revised capacity assesment methodology which generated a new Admission Number for each school. In Flintshire, the Admission Numbers will replace the former "Standard Numbers" with effect from September 2009, and these will determine the number of pupils to be admitted in any school. Admission Numbers must be included as part of the consultation exercise, and these are attached as Appendix B.
2.03 Schools which are their own admission authority (eg Voluntary Aided schools) are no longer required to consult annually on their admission arrangements. They are able to suspend consultation for up to three years provided the arrangements remain unchanged.
3.00 CONSIDERATIONS
3.01 The current admission arrangements provide for pupils to be offered a place in accordance with the admissions criteria set out in Appendix A.
Secondary Admissions
Date: 24/03/2009 93 Flintshire County Council
3.01 The present admission arrangements have been in place since 2003 and were implemented to address significant overcrowding in some schools and to increase occupancy in others so that there was a more balanced intake across the authority's schools.
3.02 The Wales Audit Office recommend that local authorities should aim to retain no more that 10% surplus places overall and describe "significant" surplus as 25% or more of a school's capacity and at least 30 unfilled places. As at September 2008, in overall terms, Flintshire had surplus capacity in secondary schools below the Welsh average. However, currently a number of Secondary Schools have in excess of 25% surplus places, but 6 have less than 10%.
3.03 As demonstrated in the following table, the vast majority of parental preferences are met, and consequently admission appeals in Flintshire are low.
Table 1: Percentage of Parental Preferences met (Secondary Schools)
2003 2004 2005 2006 2007 2008 99.8% 99.6% 99.9% 99.8% 99.5% 99.5%
3.04 As agreed by Executive on 27 January 2009, a detailed review and options appraisal in respect of secondary admissions will commence in September 2009. This work will take into account and form an integral part of the School Modernisation Strategy.
Primary Admissions
3.05 In the Primary sector, most children attend their local school and generally there is sufficient capacity to meet the needs of local children across Flintshire. However, it is worth noting that because of surplus capacity, a number of schools are admitting as many as 50% of their pupil intake from 'out of area'. Whilst parental preference must be acceded to in law where places are available, this dispersal of pupils often makes it difficult to judge local circumstance and project future pupil numbers.
3.06 As at September 2008, there was approximately 12.3% surplus capacity in the primary sector with 21 schools having in excess of 25% surplus places and 27 at less than 10%.
3.07 Until September 2008, there were no admissions applications refused in the primary sector and therefore 100% of preferences were met. For 2008, there were 6 appeals for places at a particular primary school, all of which were successful.
Nursery Admissions
Date: 24/03/2009 94 Flintshire County Council
3.08 The current policy regarding nursery admissions is to offer a place at a nursery which is nearest to the child's home address.
3.09 In September 2008, 50 applications (out of a total of 1500) were refused for nursery places on the grounds that the nursery applied for was not the nearest. Of those, 20 then opted for their nearest nursery and according to our records the remaining 30 are not currently allocated.
3.10 It should be noted that admission to a nursery class at a particular primary school does not guarantee subsequent admission to the reception class at that school. This is subject to a separate application and in accordance with Welsh Assemby regulations attendance at a particular nursery must not be used as a criteria for allocating places at Reception. This will continue to be emphasised to parents when applying for a nursery place. There is also no right of appeal against the refusal of a nursery place.
3.11 Although nursery admissions are not governed by school admissions law, since it is not statutory education provision, it is a basic principle of admissions that parents should be able to express a preference for the nursery at which they wish their child to be educated. The Welsh Assembly expect local authorities to take account of parental preference in line with the spirit of the legislation. A further benefit of introducing parental preference for nursery admissions is that more applications will be granted (subject to places being available) and therefore take up of places should be maximised.
3.12 A proposal to amend the nursery policy to enable parents to express a preference, and if necessary to apply the oversubscription criteria in respect of primary school admissions, was brought to the attention of all consultees. The responses received are included in Appendix C.
3.13 At the Lifelong Learning Overview and Scrutiny Committee on 3 February 2009, it was agreed not to support the proposal regarding the nursery admissions. Strong views were expressed that to enable parents to express a preference for a nursery of their choice could have very significant consequences in the future for smaller schools in Flintshire. Members of the Committee felt that the introduction of the proposal could have significant long term effects in particular, on smaller rural schools and adversely affect the viability of nursery classes in future years, ultimately resulting in a significant drop in overall numbers of pupils. It was also emphasised that some smaller schools are unable to compete with larger schools in providing breakfast clubs, after school clubs, etc. Issues also mentioned included the carbon footprint and road safety. Contrary views included recognising that the proposed change would enable the needs of more families to be met.
3.14 At Executive on 10 March 2009, Members considered the outcome of the statutory consultation exercise and agreed that the proposed admission
Date: 24/03/2009 95 Flintshire County Council
arrangements for September 2010 be recommended for approval by the County Council.
3.15 It should also be noted that the admissions process is an integral part of the School Modernisation Strategy including Nursery, Primary and Secondary Phases.
4.00 RECOMMENDATIONS
4.01 That the proposed admission arrangements for September 2010, as attached to this report, be approved.
5.00 FINANCIAL IMPLICATIONS
5.01 None.
6.00 ANTI POVERTY IMPACT
6.01 None for this consultation cycle.
7.00 ENVIRONMENTAL IMPACT
7.01 The revised capacity assessments ensure that usage of teaching space and other rooms is accurately and consistently calculated and provide useful information relating to surplus places or oversubscription.
8.00 EQUALITIES IMPACT
8.01 All parents have an opportunity to express a preference for a particular school and all applications are dealt with in an open and transparent manner.
8.02 Following an Equalities Impact Assessment carried out on admissions in 2008, the collection of data to monitor admissions is currently being considered, in particular regarding appeals.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REQUIRED
10.01 No further statutory consultation is required. However, all stakeholders will be advised of any amendments to the admissions arrangements and officers will monitor the impact of any changes in consultation with schools.
11.00 CONSULTATION UNDERTAKEN
Date: 24/03/2009 96 Flintshire County Council
11.01 All schools were consulted on their capacity assessments in 2007/08 and admission numbers have been "signed off". All statutory consultees have been consulted regarding the admission arrangements and the responses received are detailed in Appendix C.
11.02 The Lifelong Learning Overview and Scrutiny Committee was also consulted. Its comments have been included in paragraph 3.13 above.
12.00 APPENDICES
12.01 Appendix A - Admissions Arrangements September 2010 Appendix B - Admission Numbers Appendix C - Consultation responses
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
None
Contact Officer: Kim Garcia Telephone: 01352 704011 E-Mail: [email protected]
Date: 24/03/2009 97 APPENDIX A
ADMISSION ARRANGEMENTS SEPTEMBER 2010
Policy, Procedure and Process for Admissions to Schools
The County Council, as Local Education Authority (the LEA), is responsible for determining the arrangements for admissions, and for admissions to all Community Primary, Secondary and Special Schools and Voluntary Controlled Schools. The LEA will consult annually with school Governing Bodies in relation to admissions.
The Governing Bodies of Voluntary Aided Schools are responsible for determining the criteria and procedure for admissions to all such schools. The LEA will consult and cooperate with the Governing Bodies and the Diocesan Education Authorities in relation to admissions.
The LEA will comply with statutory requirements and will give full recognition to the expression of parental preference in the context of its duty to ensure the provision of effective education and the efficient use of education resources. The LEA will not refuse applicants for a particular school unless that school has reached its Admission Number.
The LEA will not, however, expand a school to meet demand which does not comply with the admissions criteria.
The LEA will admit pupils of the relevant age group (that is, an age group in which pupils are normally admitted to a school) up to the Admission Number for any school, or up to any higher limit which may be agreed due to local circumstances. The LEA will not admit pupils in excess of the Admission Number for any school unless this is deemed to be in the interests of effective education or the efficient use of resources.
The Admission Number for each school will be established in accordance with the appropriate statutory requirements and relates to the number of children that can be admitted to each year group during the school year. The Admission Number for each school is indicated on the ‘Schools List’.
Admissions Procedure
The annual admissions procedure applicable to the relevant age group will include the following stages:
• Publication of information on individual schools and on the LEA’s services and provision in the ‘Guide to Education Services, which will be made available to parents prior to stating a preference of school.
1 98 • Arrangements to enable parents to express a preference as to which school they would wish their child/children to attend.
• Consideration of preferences in accordance with the criteria, set out in admissions criteria below, up to the Admission Number for each school.
• In cases where preferences are not met, arrangements will be made for parents to discuss the matter with an officer of the Education Department to consider alternatives and provide information about the appeals procedure. Details concerning the appeals procedure are outlined in a leaflet which is available on request.
Parents who express a preference other than at the normal stages of admission will be given the same opportunities as those outlined above. Such preferences will be considered in the light of the LEA’s admissions policy and the recommendation of the Authority’s advisers.
Please Note:
(1) Expressing a preference does not guarantee a place at your chosen school if that school is oversubscribed. If more parents apply for places at the school than the number of places available, the Authority will apply the oversubscription criteria for allocating places.
(2) The Authority does not provide free school transport for pupils who are not attending their nearest appropriate school although it may be possible for parents to purchase concessionary seats on school buses on a termly basis.
Admissions Process September 2010
Admission preference forms sent to Parent/Guardian via school
Completed preference forms returned to school to be sent to LEA
Allocation of school places by LEA/Admission Authority
Notification sent to parents by LEA/Admission Authority
For entry to school in 2010 children must have reached the required age for each sector as set out below by 31st August 2010.
Nursery–3 yrs Reception–4 yrs Junior–7 yrs Secondary–11 yrs
2 99
Proposed Admissions Timetable
Admission Admission Parental Parents return Allocation of LEA to Stages forms available consideration completed places period inform to parents by period forms to parents by schools/LEA closing date Secondary 25.09.09 25.09.09 - 20.11.09 27.11.09 – 30.01.10 20.11.09 29.01.10 Reception, 01.12.09 01.12.09 – 15.01.10 22.01.10 – 27.03.10 Infants to 15.01.10 26.03.10 Juniors Nursery 05.01.10 05.01.10 – 12.02.10 19.02.10 – 24.04.10 12.02.10 23.04.10
Admissions Criteria
The LEA will comply with its duty to ensure the provision of effective education and the efficient use of resources. In so doing, the LEA will have regard to the total resources, including accommodation and staffing, available to each school and any constraints imposed by the school organisation and curriculum. It will also consider the resource implications for the authority and impact on other education policies.
Should the number of applications for a place at the school be greater than the Admission Number of the year group, then the application will be considered in a priority order as set out below.
Admissions Policy for Early Entitlement to Education
A part-time education place is available for every child the term after his/her third birthday.
Children born in….. Entitled to… Autumn term 2 terms of educational provision (Spring and Summer) Spring term 1 term of educational provision (Summer) Summer term These children receive their education entitlement in the school nursery classes in the Autumn term after their 3rd birthday
3 100 Parents may state a preference for an approved setting which may be a pre school playgroup (English or Welsh), a private day nursery, a ‘network’ childminder or school nursery class. Application for a place is made directly to the setting. Forms are available all year.
Note: Admission to an Early Entitlement setting at a particular school does not guarantee subsequent admission to nursery at that school.
No transport is provided.
When children become eligible for school nursery classes (the September following the child’s third birthday), the LEA Nursery Education Policy applies.
For further information on approved settings please contact: The Early Years Advisor, Tel: 01352 704104
Nursery Education
The Authority will admit a child to a maintained nursery class in the September following their 3rd birthday. Nursery Education is provided for three year olds on the basis of 5 x 2.5 hour sessions per week for each child.
Parents may express a preference for any school nursery irrespective of where their home is in relation to the school. However, expressing a preference does not guarantee a place at that school. Although every effort will be made to meet parental preference, nursery education is not compulsory and parents have no right of appeal under education legislation if they are unsuccessful in gaining a nursery place for their child at the school of their choice.
In the event of oversubscription, applications for nursery places will be dealt with by applying the criteria for admission to nursery, infant and primary schools as listed below.
When making the decision about the ‘nearest suitable school’ the Authority will accept only the pupil’s home address and not that, for example, of childminder or grandparents. Parents will be asked to provide official documentation showing their home address. Parents are advised that a school place may be lawfully withdrawn if the information given on their application form is fraudulent or misleading.
Application forms for nursery school admission are available from headteachers at all nursery/infant/primary schools. The forms will be available according to the Admissions Timetable.
Note: Admission to a nursery class at a particular Infant or Primary School does not guarantee subsequent admission to reception class at that school.
4 101
Admission to Primary Schools in Flintshire
The Authority will admit a child to a maintained infant/primary school at the beginning of the school year if the child has achieved his/her 4th birthday on or before August 31st of that calendar year.
An initial application for admission to the reception class of a primary/infants school must be made to the Headteacher in the first instance. Admission (which is the responsibility of the Director of Lifelong Learning) will be based on the criteria listed below.
For pupils transferring from infant to junior school a parental preference form will be sent to each parent/guardian. Parents may express a preference for their neighbouring junior school or may insert the name of another school should they prefer that school.
In accordance with legislation, primary class sizes are restricted to a limit of thirty.
Criteria to be applied in order of priority by the Authority for admission to Nursery, Infant or Primary Schools:
a) The LEA will consider the needs of a ‘looked after child’ (child in care) and pupils with a statement of special educational needs which includes a named school. b) Pupils for whom the preferred school is the nearest appropriate school to the pupil’s home address c) Pupils who have expressed a preference for a school which is not the nearest to their home address will be admitted if they have a sister or brother attending the preferred school d) Pupils for whom the preferred school is not the nearest to their home address.
Criteria to be applied in order of priority by the Authority for admission to Junior Schools
Parents of pupils transferring from Infant to Junior School will be given the opportunity to express a preference and places will be allocated using the following criteria:
a) The LEA will consider the needs of a ‘looked after child’ (child in care) and pupils with a statement of special educational needs which includes a named school. b) Pupils for whom the preferred school is the nearest appropriate school to the pupil’s home address.
5 102 c) Pupils who have attended the ‘feeder’ infant school and for whom the preferred school is the nearest appropriate school. d) Pupils who have expressed a preference for a school which is not the nearest to their home address will be admitted if they have a sister or brother attending the preferred school. e) Pupils who attend the ‘feeder’ infant school but for whom the preferred school is not the nearest to their home address. f) Pupils for whom the preferred school is not the nearest to their home address.
Admission to a Secondary School in Flintshire
Pupils will normally be transferred from a primary to a secondary school in the September following their eleventh birthday.
The Director of Lifelong Learning will invite parents to express their preference for a secondary school for their child. A Parental Preference Form will be sent to each parent/guardian, and on each form there will be a list of secondary schools. Parents may express a preference for one of the schools listed or may insert the name of another school should they prefer that school to those listed. However, where a school is oversubscribed, places will be allocated up to the Admission Number in accordance with the admissions criteria set out in priority order as described below.
It should be noted that transport will only be provided according to the criteria in Flintshire County Council’s Transport Policy and the pupil is seeking to attend the recognised secondary school serving the area.
Nothing in the arrangements below removes the right of parents to express an alternative preference.
Criteria to be applied in order of priority by the Authority for admissions to Secondary Schools:
For entry into a designated secondary school, the following specific arrangements will apply:
a) The LEA will consider the needs of a ‘looked after child’ (child in care) and pupils with a statement of special educational needs which includes a named school. b) Pupils for whom the preferred school is the nearest appropriate school to the pupil’s home address. c) Where a preference is expressed for a school other than the nearest to a pupil’s home address, where an older brother or sister is registered and will still be attending when the younger sibling will be starting, the younger sibling will be admitted to that school.
The ‘sibling rule’ will only be guaranteed for the statutory period of education i.e. between the Years 7 – 11 to enable the Local Educational Authority to plan the provision of school places. Where an older sibling is continuing to attend the same
6 103 secondary school for their Post - 16 courses, the Authority will look to apply the ‘sibling rule’ in the case of the younger child. d) Where a preference has been expressed for a school other than the nearest to a pupil’s home address and there is no brother or sister attending that school, pupils will be admitted in order of proximity to that alternative school and up to its Admission Number.
The nearest appropriate school is interpreted as:
(a) The school nearest to the child’s home measured from child’s home address to the recognised main entrance of the school. (b) The nearest Welsh medium school where parents wish their children to receive their education through the medium of Welsh. (c) The nearest Denominational school where parents wish to have their children educated in a denominational school.
Admissions to Voluntary Aided and Foundation Schools are subject to the criteria established by the Governing Body of such schools. There are additional criteria operative in terms of admission to Aided Schools.
Admissions to schools other than those maintained by the LEA
Parents wishing to express a preference for a school in a county other than Flintshire should still use the Flintshire LEA preference form and it will be passed to the relevant neighbouring authority, with the exception of Cheshire County Council who request you contact them directly. Please be aware of each authority’s admission timetable and closing dates.
In such cases Flintshire LEA will not be responsible for the transport costs between home and school unless there are special arrangements or unless the school maintained by an LEA other than Flintshire is the nearest school to a pupil’s home address.
Admission of Pupils from outside Flintshire
Children residing outside Flintshire will only be admitted in accordance with the stated criteria. See “Admissions Criteria”
Change of School within Flintshire at times other than normal transfer points
Schools in Flintshire have an agreed protocol for transfers from one nominated school to another other than at the normal transition point.
A parent seeking such a transfer should initially speak to the headteacher of the child’s current school to discuss the reasons for that transfer. If, following this discussion, the parent wishes to continue the process, contact should then be made with the headteacher of the new school.
7 104 Headteachers may refer parents to an officer of the Local Education Authority, particularly in cases where pupil numbers in the new school have exceeded the Admission Number in the appropriate year group. In such circumstances admission to the new school may be refused. Parents who are dissatisfied with this may give notice of appeal, as outlined below.
Admissions other than at normal entry point
For pupils moving into the area at times other than the normal admission round (September of each year), the LEA will endeavour to meet parental preferences as far as possible. However, where it is deemed to be prejudicial to the efficient and effective use of resources, parents will be offered a place at an alternative school. The parent may then accept the alternative placement, or may give notice of appeal.
Appeals Procedure
If the Authority is unable to comply with the parental preference then the parent will be offered a place at another school. The parent may then accept the alternative placement, or may give notice of appeal.
The request for the appeal (which shall be sent to the Director of Lifelong Learning) must be in writing giving the reasons for the appeal. The Authority will initiate the appeals procedure of the School Standards and Framework Act 1998. The parents, or parent accompanied by a friend if desired, will be given an opportunity to appear before an independent Appeal Panel. The decision of the Independent Appeal Panel will be final. The details describing the appeals procedure are outlined in a leaflet which is available on request. The appeals procedure in respect of Voluntary Aided Schools can be obtained from the Headteacher of the school in question.
8 105 PRIMARY CAPACITY AND SURPLUS PLACES PROPOSED FOR SEPT 2010 LEA No 664 LEA Name Flintshire 1 2 345678910111213141516 17 18 School Type of Welsh Total Summer term Surplus % of Standard Number of FTE places available in New Surplus Planned % Number of FTE places available in Capacity Number School Name School Indicator Age Range NOR admissions to reception MOE Capacity Surplus Number a designated nursery class Capacity Capacity Admission Surplus a designated nursery class including Nursery F/T classes if applicable F/T F/T Places F/T F/T Number Places
2084 Abermorddu Juniors and Infants C.P. C 3-11 210 0 215 5 2.3 35 EY 207 -3 25 -1.45 EY (28) 207 2003 Bagillt (Merllyn C.P.) C 3-11 198 0 229 31 13.5 38 EY 196 -2 25 -1.02 EY (20) 196 2002 Bagillt (Ysgol Glan Aber C.P.) C 3-11 101 0 99 -2 -2.0 16 EY 104 3 13 2.88 EY (12) 104 2090 Broughton Infants C.P. C 3-7 204 0 254 50 19.7 89 228 24 60 10.53 EY (25) 210 2097 Broughton Juniors C.P. C 7-11 201 0 310 109 35.2 77 No 240 39 60 16.25 No 240 2065 Brynford C.P. C 3-11 54 0 64 10 15.6 9 36 58 4 8 6.90 17 75 2063 Buckley (Mountain Lane C.P.) C 3-11 396 0 446 50 11.2 60 409 13 58 3.18 26 399 2085 Buckley (Southdown C.P.) C 3-11 379 0 383 4 1.0 57 32 382 3 54 0.79 30 412 2004 Buckley (Westwood CP)+ C 3-11 201 0 268 67 25.0 60 247 46 32 18.62 EY (21) 247 3303 Caerwys (Ysgol yr Esgob Aided) V.A 3-11 63 0 92 29 31.5 20 EY 97 34 12 35.05 EY (11) 97 2049 Carmel (Ysgol Bro Carmel C.P.) C 3-11 134 0 206 72 35.0 33 EY 180 46 25 25.56 24 204 2064 Cilcain (Ysgol y Foel C.P.) C 3-11 52 0 76 24 31.6 13 8 95 43 12 45.26 EY (11) 95 2052 Connah's Quay (Bryn Deva C.P.) C 3-11 233 0 255 22 8.6 53 EY 283 50 40 17.67 21 304 2008 Connah's Quay (Custom House Lane Juniors C.P.) C 7-11 169 0 228 59 25.9 68 No 224 55 56 24.55 No 224 2009 Connah's Quay (Dee Road Infants C.P.) C 3-7 123 0 189 66 34.9 64 33 136 13 45 9.56 38 174 2077 Connah's Quay (Golftyn C.P.) C 3-11 361 0 381 20 5.2 60 30 404 43 57 10.64 29 433 2086 Connah's Quay (Wepre Lane C.P.) C 3-11 356 0 467 111 23.8 59 EY 307 -49 43 -15.96 87 394 2089 Drury C.P. C 3-11 130 0 118 -12 -10.2 16 EY 136 6 17 4.41 EY (12) 136 2012 Ewloe Green C.P. C 3-11 375 0 384 9 2.3 53 349 -26 49 -7.45 22 371 2013 Ffynnongroew (Ysgol Bryn Garth C.P.) C 3-11 95 0 116 21 18.1 17 EY 131 36 17 27.48 EY (12) 131 3306 Flint (St.Mary's R.C.) V.A 3-11 339 0 310 -29 -9.4 56 EY 327 -12 43 -3.67 EY (20) 327 2257 Flint (Ysgol Croes Atti C.P.) C * 3-11 221 0 238 17 7.1 35 EY 235 14 29 5.96 EY (28) 235 2091 Flint Cornist C.P. C 3-11 263 0 290 27 9.3 44 28 289 26 41 9.00 30 319 2015 Flint Gwynedd C.P. C 3-11 445 0 567 122 21.5 81 511 66 70 12.92 EY (19) 511 2017 Flint Mountain (Ysgol Maes Edwin C.P.) C 3-11 20 0 50 30 60.0 17 27 76 56 10 73.68 26 102 2018 Greenfield C.P. C 3-11 187 0 256 69 27.0 42 36 228 41 32 17.98 36 264 2237 Gronant C.P. C 3-11 94 0 146 52 35.6 17 EY 153 59 20 38.56 EY (9) 153 2081 Gwernaffield (Ysgol y Waun C.P.) C 3-11 69 0 104 35 33.7 20 21 132 63 18 47.73 EY (4) 132 2056 Gwernymynydd C.P. C 3-11 67 0 67 0 0.0 14 EY 88 21 11 23.86 EY (7) 88 2021 Gwespyr Picton (Ysgol Gymraeg Mornant C.P.) C * 3-12 79 0 116 37 31.9 17 EY 119 40 15 33.61 EY (8) 119 2073 Hawarden (Cross Tree Lane Infants C.P.) C 3-7 159 0 178 19 10.7 60 37 180 21 60 11.67 27 207 3317 Hawarden (Rector Drew Juniors Aided) V.A 7-11 203 0 235 32 13.6 60 No 240 37 60 15.42 No 240 2093 Hawarden (Ysgol Penarlag C.P.) C 3-11 207 0 217 10 4.6 31 220 13 28 5.91 EY (24) 220 5200 Higher Kinnerton F 3-11 200 0 218 18 8.3 33 21 190 -10 27 -5.26 30 220 2023 Holywell (Perth y Terfyn Infants C.P.) C 3-7 111 0 136 25 18.4 61 28 110 -1 36 -0.91 30 140 3307 Holywell (St.Winefride's R.C.) V.A 3-11 169 0 158 -11 -7.0 24 17 206 37 26 17.96 EY (19) 206 2082 Holywell (Ysgol Gwenffrwd C.P.) C * 3-11 168 0 306 138 45.1 54 41 278 110 36 39.57 EY (22) 278 2022 Holywell (Ysgol y Fron Juniors C.P.) C 7-11 124 0 174 50 28.7 73 No 194 70 48 36.08 No 194 2024 Hope (Ysgol Estyn C.P.) C 3-11 219 0 232 13 5.6 25 EY 249 30 30 12.05 EY (33) 249 2092 Leeswood (Ysgol Derwenfa C.P.) C.F 3-11 162 0 178 16 9.0 26 25 154 -8 19 -5.19 EY (15) 149 2026 Lixwm C.P. C 3-11 78 0 77 -1 -1.3 11 77 -1 9 -1.30 EY (13) 77 2027 Llanfynydd C.P. C 3-11 57 0 79 22 27.8 12 86 29 11 33.72 EY (6) 86 3308 Mold (St.David's R.C.) V.A 3-11 117 0 171 54 31.6 37 EY 158 41 20 25.95 EY (14) 158 2062 Mold (Ysgol Bryn Coch C.P.) C 3-11 544 0 659 115 17.5 98 45 599 55 85 9.18 43 642 2068 Mold (Ysgol Bryn Gwalia C.P.) C 3-11 185 0 261 76 29.1 41 EY 252 67 33 26.59 EY (19) 252 2028 Mold (Ysgol Glanrafon C.P.) C * 3-11 241 0 265 24 9.1 55 55 255 14 32 5.49 EY (30) 255 2046 Mostyn (Ysgol Bryn Pennant C.P.) C 3-11 97 0 118 21 17.8 25 EY 111 14 14 12.61 EY (8) 111 2080 Mynydd Isa (Wat's Dyke Infants C.P.) C 3-7 192 0 209 17 8.1 81 54 193 1 64 0.52 54 247 2031 Mynydd Isa Juniors C.P. C 7-11 279 0 277 -2 -0.7 84 No 276 -3 69 -1.09 No 276 3002 Nannerch Controlled V.C 3-11 67 0 104 37 35.6 12 EY 114 47 15 41.23 EY (8) 114 3021 Nercwys Controlled V.C 3-11 44 0 76 32 42.1 10 EY 51 7 6 13.73 EY (9) 51 2094 Northop (Ysgol Owen Jones C.P.) C 3-11 120 0 138 18 13.0 13 EY 147 27 19 18.37 EY (9) 147 2032 Northop Hall C.P. C 3-11 125 0 189 64 33.9 26 EY 222 97 30 43.69 EY (11) 222 3331 Pentrobin Aided V.A 3-11 116 0 112 -4 -3.6 16 EY 98 -18 12 -18.37 EY (10) 98 2231 Penyffordd (Abbots Lane Infants C.P.) C 3-7 108 0 129 21 16.3 44 124 16 37 12.90 EY (12) 124 2075 Penyffordd Juniors C.P. C 7-11 114 0 190 76 40.0 52 No 150 36 37 24.00 No 150 2061 Queensferry C.P. C 3-11 140 0 169 29 17.2 34 EY 180 40 25 22.22 No 180 3004 Rhesycae Controlled V.C 3-11 26 0 42 16 38.1 7 EY 65 39 8 60.00 EY (3) 65 2050 Rhosesmor (Rhos Helyg C.P.) C 3-11 136 0 140 4 2.9 21 28 158 22 20 13.92 EY (17) 158 3311 Saltney (St.Anthony's R.C.) V.A 3-11 168 0 162 -6 -3.7 23 18 171 3 21 1.75 EY (19) 171 2040 Saltney (Wood Memorial C.P.) C 3-11 200 0 260 60 23.1 39 32 231 31 30 13.42 EY (15) 231 2078 Saltney Ferry C.P. C 3-11 126 0 249 123 49.4 40 EY 252 126 33 50.00 EY (16) 252 2053 Sandycroft C.P. C 3-11 313 0 395 82 20.8 60 87 354 41 48 11.58 EY (17) 354 106 2041 Sealand C.P. C 3-11 189 0 248 59 23.8 42 70 196 7 28 3.57 42 238 3330 Shotton (St.Ethelwold's Aided) V.A 3-11 72 0 142 70 49.3 24 EY 107 35 15 32.71 No 107 2083 Shotton (Taliesin Juniors C.P.) C 7-11 133 0 174 41 23.6 63 No 198 65 49 32.83 No 198 3312 Shotton (Venerable Edward Morgan R.C.) V.A 3-11 276 0 322 46 14.3 45 28 297 21 40 7.07 EY (16) 297 2042 Shotton Infants C.P. C 3-7 108 0 186 78 41.9 67 EY 163 55 50 33.74 EY (13) 163 2043 Sychdyn C.P. C 3-11 159 0 183 24 13.1 23 23 177 18 25 10.17 24 201 3316 Trelawnyd Aided V.A 3-11 84 0 124 40 32.3 14 EY 121 37 15 30.58 EY (12) 121 2044 Trelogan C.P. C 3-11 67 0 86 19 22.1 13 EY 80 13 10 16.25 EY (8) 80 2266 Treuddyn (Ysgol Parc y Llan C.P.) C 3-11 106 0 95 -11 -11.6 23 117 11 15 9.40 EY (11) 117 2051 Treuddyn (Ysgol Terrig C.P.) C * 3-11 69 0 85 16 18.8 21 103 34 13 33.01 EY (10) 103 3320 Whitford Aided V.A 3-11 108 0 70 -38 -54.3 13 115 7 15 6.09 EY (6) 115 TOTAL 12505 0 15747 14590 2085 16.97 15167
+Buckley Westwood C.P. School was formerly Buckley West Lea Infants and Buckley Juniors Numbers given in Col 11 relate to the provision of nursery capacity on a part-time basis
Source: (Col 6) 2008 September (Col 7,8,11) DE,C as @ July 2007 (Col 9) As assessed by Phase Officer and Property Program Manager
C - Community V.C - Voluntary Controlled V.A - Voluntary Aided F - Foundation (W) - Welsh Medium
107 SECONDARY CAPACITY AND SURPLUS PLACES INFORMATION APPENDIX B (PART 2)
LEA No 664 LEA Name Flintshire
1 2 3 4 56789 101112 13 14 15 School Type of NOR NOR TOTAL Surplus % of Standard New Surplus % Surplus Admission Number School Name School Age Range Yr 7 -11 Yr 12 - 13 NOR MOE Capacity Surplus Places Number Capacity Capacity Places Number 4019 John Summers High School 11-18 407 51 458 620 162 26.13 120 565 107 18.94 104 4012 Holywell High School 11-18 677 102 779 1023 244 23.85 184 1075 296 27.53 186 4018 Ysgol Maes Garmon Welsh 11-18 471 82 553 721 168 23.30 152 711 158 22.22 120 4021 Flint High School 11-18 612 61 673 832 159 19.11 174 840 167 19.88 151 4011 Elfed High School 11-18 638 116 754 958 204 21.29 178 1037 283 27.29 175 4013 St. David's High School 11-18 547 65 612 696 84 12.07 166 687 75 10.92 117 4042 Argoed High School 11-16 565 0 565 597 32 5.36 128 580 15 2.59 116 4022 Connah's Quay High School 11-18 952 110 1062 1074 12 1.12 208 1102 40 3.63 198 4600 St. Richard Gwyn High School R.C. 11-18 810 129 939 920 -19 -2.07 160 1000 61 6.10 173 4000 Hawarden High School 11-18 917 188 1105 1153 48 4.16 180 1145 40 3.49 195 4017 Castell Alun High School 11-18 1013 217 1230 1220 -10 -0.82 210 1240 10 0.81 211 4006 Alun High School 11-18 1224 526 1750 1704 -46 -2.70 240 1768 18 1.02 250 10480 11518 1038 11750 1270
6 and 7 NOR figures based on September 2008
108 APPENDIX C
ADMISSIONS ARRANGEMENTS 2010 – CONSULTATION RESPONSES
A total of 13 responses have been received from Flintshire primary schools, 10 of which relate to the proposed amendment to the nursery policy. 7 are in favour of introducing parental preference for nursery admissions whilst 3 are against. 3 responses express concerns about school’s Admission Numbers. Details are included below.
1. Lixwm Primary school
We are very pleased to hear about the proposed arrangements. Over the last 10 years we have lost many children from our school due to the old admission arrangements, which in one occasion caused us to have to make staff redundant. We strongly believe in parental free choice.
2. Drury Primary school
We are in favour of changing the policy to parental preference for nursery places. This would provide continuity – parents who would like their children to attend our school can face the problem of living fairly near the school but just outside what the authority have decided is the local school. Some parents pay for private nursery and then hope for a place in our Reception year. We have children who have been to Early Entitlement, have spent two terms with us and have to leave for another school, which I believe is very much against the child’s best interests.
3. Bryn Coch Primary school
The proposed amendments to the nursery admissions are long overdue. Due to the current policy I have turned away at least 17 children this year 2009 which unfortunately means a teacher will face redundancy this academic year. We are facing a 2 form entry in to Reception 2009 and this in part is because of the nursery admissions policy.
4. Broughton Infants School
I would welcome the proposed changes to nursery admissions to allow parents to choose a school regardless of address. We have 2 private nurseries nearby which cater for children from a wider area. It is distressing for parents that they cannot then transfer them to our school with the peers they have grown up with. This also affects their work as many drop off there and work at Airbus and the local estate. There are normally only 5 or 6 children that are not ours by means of locality. I can not see this directly affecting another school. I feel that across the county numbers will even out as it does not drastically change now with parental choice from Reception age. (The remainder of the comments from Broughton Infants concern admissions to the nursery, which officers are discussing direct with the Head teacher).
1 109
5. Ysgol Llanfynydd
We feel that the present Flintshire nursery policy has no benefit at all to us, in fact it has been detrimental to the school. We would welcome the new changes of parental choice.
6. Hawarden Infants School
I would like to make 2 positive comments on the admission consultation document.
1. Firstly I am pleased to see the return date for nursery forms would be earlier in 2010. This would mean most forms would be in before we had to declare our numbers to resources for staffing budgets to be worked out. This year schools had to give projected numbers in to the LEA during the last week in January and nursery forms are still coming in through February. This means our numbers are never accurate for funding.
2. Secondly I like the idea of parental choice for nursery places, I think it is in the best interests of children. There are a growing number of parents who are not using school nurseries at all, rather preferring to wait for a reception place in their chosen school. We have a number of children who join us in reception and these children do need extra support to settle compared to children who have been in school from age 3 in our nursery.
People who live on the edge of catchment areas have over the years been caused a great deal of distress because their family, friends and even neighbours are at a different school. Often this has implications for their child care. Child care arrangements are often complicated and families need to make the best arrangements that they can for their young children. We have complicated matters for many families with our limitations on access to nursery.
I am aware that my school might gain from this change and others feel they may lose out but I think that the numbers would probably balance out overall. Most families who want to come here do so in reception regardless of the admission restriction. We also take early entitlement children here and they are entitled to come to us at 3 years but then not to nursery. I have discouraged people from doing that because it is not in the best interests of the children, but it is another anomaly.
7. Custom House Lane Junior School, Connah’s Quay
The county admissions policy was initially implemented in its present format in 2003. This is when parental preference was first looked at for primary pupils and where the criteria for admissions were to be applied to pupil admissions when the school that they were applying to was oversubscribed. This replaced the old “catchment area” system.
On looking at the rationale behind this new policy I felt at the time it was a fairer method of distribution of pupil placements as the intention was to stop overcrowding and to increase occupancy in schools where there were surplus places.
2 110
As a school that is now suffering from falling rolls, that is 246 pupils in 04-05 to a predicted 161 in 09-10, and one that has faced up to a redundancy situation and now a possible amalgamation with Dee Road Infants’ School, I do feel that the admissions policy/system has not worked efficiently in the Connah’s Quay area. There are schools within this area that have a high proportion of “out of area” children. There is a school with a mobile classroom and there are schools with large surplus places. This cannot just be put down to natural movement ie social economic groups bettering themselves in the housing market or to appeals being granted but must be due to the policy not being effectively adhered to in the first instance.
At this moment I am not totally convinced this policy or rather the policing of it are working effectively. Parents’ viewpoints are that the schools where pupils are oversubscribed have better standards of education; this certainly is not the case and is supported by recent Estyn inspections. Perceptions are all too important to gain parental confidence and trust. As a headteacher in Flintshire I have always been supportive of the Council’s policy and practice to ensure that all children of Flintshire have an equal deal in educational terms. I am sure that the County will be able to answer my concerns about how certain schools are allowed to go over their admission numbers when in the same locality surplus places are available.
I have no objection to the policy of nursery school parents now being able to express a preference for their child, although I do believe parents may be disappointed if their child is able to attend the nursery of a specific school and then forced to change schools at the age of four. Headteachers certainly need to ensure parents are fully aware of this.
8. Derwenfa primary school
As a head teacher of a school of 160 children where the county wide problem of falling roles is affecting the numbers of children coming in to school, I feel the proposed change to the current policy regarding allocation of nursery places may have a detrimental effect not just on Ysgol Derwenfa, but many schools across the County. Parental choice for nursery could see a further reduction in the children that are admitted to Ysgol Derwenfa. This has a knock on effect in reducing our budget allocation and could ultimately mean a reduction in staffing, having a detrimental effect on staff morale. The list is endless. It could also result in an imbalance of admissions for nursery education across Flintshire, at the detriment of some smaller schools who are facing the threat of closure. On the contrary, the proposed change in policy could see the opposite effect.
9. Personal response from primary Headteacher
There is nothing more important than choosing a school for your child, a school in which they will spend the most formative years of their life. It has been difficult to deny parents a place for their child in our Nursery as we are not considered to be the nearest school - even though we may have had places available. We have even had to turn down parents who live backing on to our school. The impact of the policy has been negligible as far as staffing etc. is concerned as we have still had 50 -58
3 111 children in our Nursery. Many parents who were refused entry sent their child to private Nursery before enrolling them at our school for Reception. The introduction of the policy would probably lead to us still having to refuse parents as I am pretty sure that we would be oversubscribed. This would in itself bring its own problems for us. I can fully understand the current policy's aims to ensure that every school in Flintshire remains viable and have supported this aim. I am also aware of the difficulties that the proposed change in the policy would create for some schools - particularly the rural schools with small numbers in their Nurseries. With this in mind I have come to the opinion that as far as the County is concerned that the current policy would best serve ALL of its schools.
10. Sealand CP School
The Governors of Sealand CP have expressed concern about the proposed change to the nursery policy. The present arrangements whereby parents can only secure a place at their nearest nursery ensure that local children go first to their local school. There are those who would encourage parents to send their children to other establishments for a variety of reasons, some of which are not educational. Account should also be taken of the social aspect of education, where children would expect to be educated along with their peers in the locality, so that they live reasonably near to the friends they have made in school. It may sometimes be dubious as to whether decisions made in this respect are in the genuine interest of the child or to suit the convenience of the parent, childminder or other interested adult.
As far as schools are concerned, it is difficult enough to contact the parents of pre- school children to give them messages about when nursery applications should be made, where and when to obtain forms, etc, without the added problems of finding out where potential “customers” are who may live outside the normal catchment area of the school. The system could also cause more than the normal rise and fall in pupil numbers from year to year, causing further difficulties with staff retention and/or redundancy. There are many reasons why the youngest children should be educated as close to their home as possible and the governors feel that the status quo should be maintained at nursery level.
We would ask that you bear these comments in mind when reaching a final decision.
11. Ysgol Bryn Deva, Connah’s Quay and Ysgol Glanrafon
Comments have been received from these schools regarding their Admission Numbers (the maximum number of children that can be admitted to each year group). Officers are working with the schools to address these concerns.
12. Ysgol Bryn Garth
The Governing Body have expressed concern about the admissions policy for secondary schools and the Admission Number for their school. Officers are addressing these issues directly with the Headteacher and governors.
260209
4 112 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 18
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: HEAD OF FINANCE SUBJECT : PRUDENTIAL INDICATORS 2009/10 TO 2011/12
1.00 PURPOSE OF REPORT
1.01 To present to Council the recommendations of the Executive in relation to the setting of a range of prudential indicators.
2.00 BACKGROUND
2.01 At its meeting of 10th March 2009, the Executive considered a report from the Head of Finance in respect of the setting of Prudential Indicators for the period 2009/10 to 2011/12.
3.00 CONSIDERATIONS
3.01 The recommendations of the Executive to County Council are set out in Appendix A (Prudential Indicators).
4.00 RECOMMENDATIONS
4.01 Council is requested to agree the recommendations of the Executive.
5.00 FINANCIAL IMPLICATIONS
5.01 As set out in the report.
6.00 ANTI POVERTY IMPACT
6.01 None.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 None.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
Date: 24/03/2009 113 Flintshire County Council
10.00 CONSULTATION REQUIRED
10.01 None.
11.00 CONSULTATION UNDERTAKEN
11.01 None.
12.00 APPENDICES
12.01 Appendix A - Prudential Indicators.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Various WAG and CIPFA papers
Contact Officer: Ian Ll Jones Telephone: 01352 702207 E-Mail: [email protected]
Date: 24/03/2009 114 FLINTSHIRE COUNTY COUNCIL
Appendix A
REPORT TO: EXECUTIVE DATE : 10 MARCH 2009 REPORT BY: HEAD OF FINANCE SUBJECT : PRUDENTIAL INDICATORS 2009/10 TO 2011/12
1.00 PURPOSE OF REPORT
1.01 To present proposals for setting a range of prudential indicators to be used in order to establish that the level of future capital investment is affordable, prudent and sustainable.
2.00 BACKGROUND
2.01 The prudential system for local authority capital finance was introduced on 1st April 2004. Its legislative base is contained within the Local Government Act 2003, and the regulations subsequently made by the National Assembly enable local authorities to determine their own levels of affordable borrowing for capital expenditure.
2.02 Decisions to undertake capital investment by way of unsupported (prudential) borrowing will be limited by a local responsibility to determine whether such capital investment is affordable, prudent and sustainable. The Prudential Code for Capital Finance in Local Authorities is the main instrument that demonstrates that authorities have satisfied these obligations. The code:
· Sets out the factors that should be taken into account when deciding to borrow and make capital investments · Identifies a range of indicators that should be used to establish that the level of investment is affordable, prudent and sustainable · Details the main features of the corporate governance arrangements that need to be put in place in order to make the code function effectively · Attempts to capture the main qualities of sound decision making on capital investment strategies
3.00 CONSIDERATIONS
3.01 The prudential indicators are designed to support and record local decision making; they are not designed to be comparative performance indicators - the use of them in this way would be likely to be misleading and counter productive.
Date: 04/03/2009 115 Flintshire County Council
3.02 Indicators have been calculated in three areas; capital expenditure, external borrowing, and treasury management. In considering its programme for capital investment, the Council is required within the Prudential Code to have regard to:
· affordability, e.g. implications for Council Tax and Council housing rents · prudence and sustainability, e.g. implications for external borrowing · value for money, e.g. option appraisal · stewardship of assets, e.g. asset management planning · service objectives, e.g. strategic planning for the authority · practicality, e.g. achievability of the corporate plan
3.03 Affordability is the ultimate constraint on the amount that a local authority can spend or borrow. In practice, when making a decision to invest in a capital asset, the authority must do more than simply determine whether it can afford the immediate cost. In order to ensure long-term affordability, decisions have also to be prudent and, in the long term, sustainable. Borrowing has to be prudent because, since future interest rates and revenue streams are uncertain, it must involve an element of risk. Furthermore, if the Council is unable to deliver its capital programme, or to afford the cost of running and maintaining the new facilities, the chosen level of capital investment will not be sustainable in the long term. Prudence and affordability are related concepts.
3.04 The Prudential Code specifies that prudential indicators are required to be calculated for the forthcoming financial year and two subsequent financial years. This process links in with the development of the Medium Term Financial Strategy.
3.05 Based on those resources currently allocated (including specific grants, but excluding any rephasing), the estimates of capital expenditure to be incurred in 2009/10 and the following two years are as indicated in the table below; no unsupported (prudential) borrowing has been assumed in the three year period.
Date: 04/03/2009 116 Flintshire County Council
CAPITAL EXPENDITURE 2009/10 2010/11 2011/12 Estimate Estimate Estimate £m £m £m
Housing Revenue Account (HRA) 4.460 6.020 5.196 Non-HRA 30.803 21.299 18.625
Total 35.263 27.319 23.821
The prudential indicators for capital expenditure, based on the Council’s capital programme that takes into account the Councils asset management and capital investment strategies, are the starting point for the calculation of the prudential indicators. The capital expenditure totals essentially provide the base financial data from which all other indicators follow. 3.06 Estimates of the ratio of financing costs to net revenue stream for 2009/10 and the following two years, based on those expenditure assumptions outlined in the general fund and housing revenue account budget reports included elsewhere on the agenda, are as included in the table below; these indicators of affordability address the revenue implications of the Council's financial strategy.
RATIO OF FINANCING COSTS TO NET REVENUE STREAM 2009/10 2010/11 2011/12 Estimate Estimate Estimate %%%
HRA 10.347 9.414 8.559 Non-HRA 5.790 5.622 4.995
The HRA net revenue stream is the amount to be met from Welsh Assembly Government (WAG) grants and from rentpayers, and the non-HRA equivalent is the amount to be met from WAG grants and local taxpayers. The HRA ratio as calculated, reflects reducing financing costs attributable to the continuing reduction in HRA debt outstanding as a percentage of an increasing level of revenue stream income. The non-HRA ratio reflects an increasing burden of total external interest being borne by the general fund due to the continuing reduction in HRA debt outstanding, as a percentage of an increasing level of revenue stream income. The estimates of financing costs include current commitments and the proposals included in the capital programme report.
3.07 Estimates of the capital financing requirement, as described in Section 3.08 below, for 2009/10 and the following two years are:
Date: 04/03/2009 117 Flintshire County Council
CAPITAL FINANCING REQUIREMENT 2009/10 2010/11 2011/12 Estimate Estimate Estimate £m £m £m
HRA 28.394 27.685 27.019 Non-HRA 143.344 144.631 145.642
Total 171.738 172.316 172.661
3.08 The capital financing requirement measures the authority's underlying need to borrow for a capital purpose. In accordance with best professional practice, Flintshire County Council does not associate borrowing with particular items or types of expenditure. The authority has an integrated treasury management strategy and has adopted the CIPFA Code of Practice for Treasury Management in the Public Services. Flintshire County Council has, at any point in time, a number of cash flows both positive and negative, and manages its treasury position in terms of its borrowings and investments in accordance with its approved treasury management policy and strategy. In day to day cash management, no distinction can be made between revenue cash and capital cash. External borrowing arises as a consequence of all the financial transactions of the authority and not simply those arising from capital spending. In contrast, the capital financing requirement reflects the authority's underlying need to borrow for a capital purpose.
3.09 CIPFA's Prudential Code for Capital Finance in Local Authorities includes the following as a key indicator of prudence:
"In order to ensure that over the medium term net borrowing will only be for a capital purpose, the local authority should ensure that net external borrowing does not, except in the short term, exceed the total of capital financing requirement in the preceding year plus the estimates of any additional financing requirement for the current and next two financial years."
The Head of Finance reports no difficulty in meeting this requirement for the future period to which the prudential indicators apply. This view takes into account current commitments, existing plans, and all budget proposals.
3.10 In respect of its external debt, it is recommended that the Council approves the following authorised limits for its total external debt gross of investments for the next three financial years. These limits separately identify borrowing from other long term liabilities such as finance leases. The Council is asked to approve these limits and to delegate authority to the Head of Finance, within the total limit for any individual year, to effect movement between the separately agreed limits for borrowing and other long term liabilities, in accordance with option appraisal and best value for money for the authority.
Date: 04/03/2009 118 Flintshire County Council
Any such changes made will be reported to the Council at its next meeting following the change.
AUTHORISED LIMIT FOR EXTERNAL BORROWING 2009/10 2010/11 2011/12 Estimate Estimate Estimate £m £m £m
All Borrowing (Capital/Revenue) 177.800 179.900 182.000 Other Long Term Liabilities 1.000 1.000 1.000
Total 178.800 180.900 183.000
The Head of Finance reports that these authorised limits are consistent with the authority's current commitments, existing plans and the proposals in the capital programme report, and with its approved treasury management policy and strategy statement. The Head of Finance confirms that they are based on the estimate of most likely, prudent but not worse case scenario, with in addition sufficient headroom over and above this to allow for operational management, for example unusual cash movements. Risk analysis and risk management strategies have been taken into account; as have plans for capital expenditure, estimates of the capital financing requirement and estimates of cashflow requirements for all purposes.
3.11 The Executive is also asked to approve the following operational boundary for external debt for the same time period. The proposed operational boundary for external debt is based on the same estimates as the authorised limit but reflects directly the Head of Finance's estimate of the most likely, prudent but not worse case scenario, without the additional headroom included within the authorised limit to allow for example for unusual cash movements, and equates to the maximum of external debt projected by this estimate. The operational boundary represents a key management tool for in year monitoring by the Head of Finance. Within the operational boundary, figures for borrowing and other long term liabilities are separately identified. The Council is also asked to delegate authority to the Head of Finance, within the total operational boundary for any individual year, to effect movement between the separately agreed figures for borrowing and other long term liabilities, in a similar fashion to the authorised limit. Any such changes will be reported to the Council as its next meeting following the change.
Date: 04/03/2009 119 Flintshire County Council
OPERATIONAL BOUNDARY FOR EXTERNAL DEBT 2009/10 2010/11 2011/12 Estimate Estimate Estimate £m £m £m
All Borrowing (Capital/Revenue) 175.800 177.900 180.000 Other Long Term Liabilities 1.000 1.000 1.000
Total 176.800 178.900 181.000
3.12 It should be noted that actual external debt is not directly comparable to the authorised limit and operational boundary, since the actual external debt reflects the position at one point in time.
The Council is asked to note that the authorised limit determined for 2009/10 (see Section 3.10 above) will be the statutory limit determined under section 3 (1) of the Local Government Act 2003.
3.13 The estimate of the incremental impact of capital investment decisions as proposed in the capital budget report for the period 2009/10 to 2011/12, over and above capital investment decisions that have previously been taken by the Council are:
· for the Band D Council Tax - nil in each year (2009/10, 2010/11 and 2011/12) · for average weekly housing rents - nil in each year (2009/10, 2010/11 and 2011/12).
3.14 An extract from Flintshire County Council's Treasury Management Policy & Strategy Statement for 2009/10 (as reported elsewhere on the agenda).
Flintshire County Council has approved and adopted the CIPFA Code of Practice for Treasury Management in the Public Services on 1st April 2002 for 2002/03 onwards.
It is recommended that the Council sets an upper limit on its fixed interest rate exposures for 2009/10, 2010/11 and 2011/12 of 100% of its net outstanding principal sums.
It is further recommended that the Council sets an upper limit on its variable interest rate exposures for 2009/10, 2010/11 and 2011/12 of 35% of its net outstanding principal sums.
Date: 04/03/2009 120 Flintshire County Council
It is recommended that the Council sets the implied boundary of fixed rate exposures at between 65% and 100% and of variable rate exposures at between 0% and 35%
It is recommended that the Council sets upper and lower limits for the maturity structure of its borrowing as follows.
Amount of projected borrowing that is fixed rate maturing in each period as a percentage of total projected borrowing that is fixed rate:
PROJECTED FIXED RATE BORROWING Lower Upper Limit Limit %%
Under 12 months 0 10 12 months and within 24 months 0 10 24 months and within 5 years 0 30 5 years and within 10 years 0 50 10 years and above 10 100
It is recommended that the Council sets a limit for sums invested for periods longer than 364 days of £40m for 2009/10. 2010/11 and 2011/12.
4.00 RECOMMENDATIONS
4.01 That Members approve and recommend to County Council on 31st March 2009 -
(a) the prudential indicators as detailed in Section 3 of the report -
· Capital expenditure (Section 3.05) · Ratio of financing costs to net revenue stream (Section 3.06) · Capital financing requirement (Section 3.07) · Net borrowing and the capital financing requirement (Section 3.09) · Authorised limit for external debt (Section 3.10 and 3.12) · Operational boundary for external debt (Section 3.11) · Incremental impact of capital investment decisions on the council tax (Section 3.13) · Incremental impact of capital investment decisions on housing rents (Section 3.13) · Adoption of the CIPFA Code of Practice for Treasury Management in the Public Services (Section 3.14)
Date: 04/03/2009 121 Flintshire County Council
· The upper limit on interest rate exposures - fixed and variable rate interest (Section 3.14) · Maturity structure of borrowing (Section 3.14) · Prudential limits for sums invested for periods longer than 364 days (Section 3.14) (b) delegated authority for the Head of Finance to effect movements between the separately agreed limits within the authorised limit for external debt and the operational boundary for external debt (Sections 3.10 and 3.11).
5.00 FINANCIAL IMPLICATIONS
5.01 As set out in the report.
6.00 ANTI POVERTY IMPACT
6.01 None.
7.00 ENVIRONMENTAL IMPACT
7.01 None.
8.00 EQUALITIES IMPACT
8.01 None.
9.00 PERSONNEL IMPLICATIONS
9.01 None.
10.00 CONSULTATION REUIRED
10.01 None.
11.00 CONSULTATION UNDERTAKEN
11.01 None.
12.00 APPENDICES
12.01 None
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Various Welsh Assembly Government and CIPFA papers.
Date: 04/03/2009 122 Flintshire County Council
Contact Officer: Ian Ll Jones Telephone: 01352 702207 E-Mail: [email protected]
Date: 04/03/2009 123 FLINTSHIRE COUNTY COUNCIL
AGENDA ITEM NUMBER: 19
REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE : 31 MARCH 2009 REPORT BY: HEAD OF FINANCE (TREASURER AND ADMINISTRATOR TO THE FUND) SUBJECT : CLWYD PENSION FUND UPDATE
1.00 PURPOSE OF REPORT
1.01 To update Members on issues relating to the Clwyd Pension Fund ("the Fund").
2.00 BACKGROUND
2.01 The Clwyd Pension Fund is a defined benefit final salary scheme under which the benefits are specified in the governing legislation (the Local Government Pension Scheme Regulations). The required levels of employee contributions are also specified in the Regulations. Employer contributions are determined in accordance with the Regulations which require that an actuarial valuation is completed every 3 years.
2.02 The Fund is administered by Flintshire County Council on a "lead authority" basis. Flintshire County Council is a member of the Fund along with Wrexham County Borough Council, Denbighshire County Council and a range of other scheduled and admitted bodies e.g. Town and Community Councils and Colleges. The Members of the Clwyd Pension Fund Panel are as follows:-
Councillor Brian Dunn, Chairman (Flintshire) Councillor Ted Evans, Vice-Chairman (Flintshire) Councillor Peter Pemberton (Flintshire) Councillor Gerry Craddock (Wrexham) Councillor Huw Llewelyn Jones (Denbighshire)
2.03 Pension Fund matters are a Council rather than Executive function. Authority to manage the Clwyd Pension Fund is delegated to the Head of Finance. The Clwyd Pension Fund Panel, made up of elected Members from Flintshire, Wrexham and Denbighshire, is an advisory body on pension fund issues.
2.04 The Pension Fund Panel holds quarterly meetings, the minutes of which are available from the Contact Officer. The significant items considered by the November 2008 and March 2009 Panels since the previous report to Council are set out in sections 3.00 - 6.00 for information.
Date: 24/03/2009 124 Flintshire County Council
2.05 Update reports are made to Council bi-annually. The last report was made on 28th October, 2008. The next full Panel meeting will be held on 4th June, 2009.
3.00 MARKET VALUE, PERFORMANCE AND FUNDING POSITION UPDATE
3.01 The market value of the Fund has continued to fall and global stock markets continue to remain very volatile. The Fund's approximate market value as at 31st December 2008 was £750 million compared with £823 million as at 30th September, 2008, which was previously reported to Council.
3.02 The Fund subscribes to WM Performance Services for investment performance measurement who also compare the Fund return with the notional 100 Local Government Pension Schemes. The results as at 31st December 2008 are shown in the table below.
1 year 3 year 5 year Return % -23.0 2.2 4.6 Ranking 84th 65th 70th
The poor investment performance for the quarter ending 30th September, 2008 and 31st December, 2008 has meant the Fund has ceased to be an upper quartile performer over 1, 3 and 5 years. This is due to the three Fund Managers with the largest allocations underperforming the appropriate index that is Standard Life (U.K. Equities - 15%), Gottex (U.K. Equities - 12%) and StoneHarbor (Fixed Interest - 13%). The Panel continue to closely monitor the above Managers.
3.03 The extent the funding position has fallen since the last Actuarial Valuation as at 31st March, 2007 to 31st December, 2008 is evidenced in the table below:-
31/02/2007 30/12/2007 31/03/2008 30/06/2008 30/09/2008 31/12/2008 Funding Level 75% 78% 74% 65% 63% 53%
The above figures are estimated by Mercers (the Fund's Actuary) based on the 2007 Actuarial Valuation assumptions. The main reason for the reduction in the Funding level reflects, in the main, the global stock market volatility, the poor performing managers referred to in 3.02 and the absence of diversification as risk assets become more closely correlated. The Fund has a strategy in place (Funding Strategy Statement), in which to return to 100% funding by 2024. As a long term investor it remains important to place this short term volatility into context.
3.04 In view of the volatility on the world stock markets Mercers were commissioned to effect a detailed Funding Update. The last full Actuarial Valuation of the Fund was carried out as at 31st March 2007 when the
Date: 24/03/2009 125 Flintshire County Council
Funding level was 75%. In the last year, index linked gilt yields have fallen, as have investment markets worldwide and inflation has risen. Any one of these changes in isolation would put pressure on the best laid pension scheme funding plans. It is important for the Fund to demonstrate its oversight of the funding of the scheme and, in addition, the funding Strategy Statement indicates that the progress of the funding position should be kept under regular review. This update provides an indication of the financial position as at 31st March 2008 and an update at the beginning of September 2008. Mercers acknowledge in their report, "that the Fund's long term investment strategy contains a large proportion of return seeking assets, which are intended to outperform more risk hedging investments such as gilts". Mercers have carried out tolerance testing using modelling software which calculates the overall probability that the funding plan will be successful and the Fund will achieve 100% in 17 years. According to Mercer the probability of success has now fallen to 39% at the start of September 2008 compared with 57% as at 31st March 2007. The Actuary shared the outcome of this exercise with Employers at the November 2008 Annual Joint Consultative Meeting.
4.00 GOVERNANCE ISSUES
4.01 In the report to Council in October 2008 mention was made of the fundamental review being carried out. The last report to Council identified that two categories of this review were not completed.
1. Governance Arrangements (see 4.02) 2. Staffing structure / capacity within the Clwyd Pension Fund (4.03).
4.02 As Members are aware the Fund has now received definitive guidance from Communities and Local Government (CLG) in respect of best practice in relation to Governance matters. The Fund has submitted a statement to CLG showing that the Fund is not currently compliant or partially compliant in the areas of structure, representation and voting. It is recognised by the CLG that not all funds comply. No timeframe has been set but there is a requirement for Administrating Authorities to consider. Further discussions are taking place with colleagues in the Council and Welsh Pension Fund Treasurers.
4.03 In the case of the staffing review, this will now form part of the Finance Function Review which is part of Phase 2 of the Organisation Redesign within Flintshire.
4.04 The Fund has always reported annually on the extent of training undertaken by elected Members on the Panel. For the year to 30th September, 2008, the Panel, including substitutes, have recorded 169 hours of focused investment training, which compares well with 101 hours for the previous year. It was pleasing to note that the Fund received an award from Professional Pensions for having the Best Trustee Development Scheme.
Date: 24/03/2009 126 Flintshire County Council
4.05 The Council's Risk Manager undertook a Risk Assessment of the Fund in late 2008 using the approach adopted by the Council which includes identifying whether risks are red (high risk), amber (medium risk) or green (low risk). An update presented to the March 2009 Pension Fund Panel identified that out of 32 risks the analysis was as follows:
· 27 were green · 5 were amber which included, for example, the need for a comprehensive business plan, a review of staffing levels (see 4.03), adopt CLG's best practice principles (see 4.02) and develop a business continuity plan.
5.00 INVESTMENT ISSUES
5.01 In accordance with the Fund's Statement of Investment Principles, it is the intention to carry out a review of its fund management arrangements at least every four years and in practice it has been undertaken every three years. As well as satisfying Government requirements to review fund management arrangements and performance trends and, at the same time, attempt to improve the performance on those areas where returns have been weaker or where efficiencies can be made. Members are already aware that pension schemes are becoming more sophisticated about managing their risk/return profiles and are building more complex investment strategies. The key to modern investment solutions is to think differently about investment risk. The aim now is to find solutions that are more broadly diversified. The desire for greater diversification through uncorrelated sources of returns underpins the trend towards alternatives. Stage 1 of the Fund Review, which is a high level strategic review, is aimed at a fundamental appraisal of current investment trends and approaches, and the identification of options for the Fund has been completed and a report will go to the Pension Fund Panel in June 2009. Progress on this Review will be reported to the October 2009 County Council meeting.
5.02 In the last six months the Fund has been a victim of two frauds with funds managed by Pioneer and Gottex respectively and the Pension Fund Panel have been kept fully informed. Pioneer's exposure to a hedge fund managed by Madoff is approximately 9.0% of their portfolio which equates to a value of approximately £1.9 million. The second fraud is Petters which relates to an investment held by Gottex which represents 2.0% of the total value of the Fund with a value of £1.5 million. Details of any litigation procedures which may be taken by Pioneer and Gottex against third parties involved in these frauds cannot be disclosed at this time. Both Pioneer and Gottex are being closely monitored by the Panel. In light of the scale of the Madoff fraud, in respect of the percentage held, the Fund is in the process of appointing an external adviser to review Pioneer's fund management arrangements. The amount in the Gottex investment is similar in absolute terms to the Pioneer investment the Fund's percentage exposure was much less and, in addition,
Date: 24/03/2009 127 Flintshire County Council
there are underlying assets still to be realised. Whilst any potential losses are deeply disappointing, they should be seen in the context of the much larger falls in the overall value of the fund as a result of the unprecedented current financial crisis.
6.00 PENSION ADMINISTRATION ISSUES
6.01 The total scheme member statistics as at January 2009 compared with December 2006 shows an increase of 16.7% in the total scheme membership since the last staffing review and a 13.9% increase in scheme contributors (which includes Councillors):
December January % 2006 2009 Increase Contributors 13,655 15,555 13.9 Pensioners 7,657 8,487 10.8 Deferreds 4,552 4,893 7.5 Others 1,756 3,299 87.8 27,620 32,234 16.7
The others shown in the above box include members who have left the scheme and are awaiting further information from their Employer. They could be leavers, deferreds and those entitled to a refund on written application. The above figures include an estimated 1,200 new starters that have not been input on the system because of backlogs due to the new 2008 Local Government Scheme, the delay in definitive guidance from the Communities and Local Government Department and the delay in the necessary system changes by Heywood.
6.02 The Communications officer has been undertaking presentations and training for Employers and their staff. In addition, Fund literature is continuing to be updated and work is ongoing as regards the development of All-Wales pension fund literature.
6.03 As Members are aware the Fund successfully implemented a new pensioner payroll system in February 2008. Internal Audit has audited the payroll function and stated that "the control framework provides substantial assurance that risks materials to the achievement of the organisation's objectives are adequately managed and controlled".
6.04 Work is also ongoing with the Council's ICT Division to develop the Fund's new look Website.
Date: 24/03/2009 128 Flintshire County Council
7.00 RECOMMENDATIONS
7.01 Members are asked to note the report.
8.00 FINANCIAL IMPLICATIONS
8.01 None directly as a result of this report.
9.00 ANTI-POVERTY IMPACT
9.01 None directly as a result of this report.
10.00 ENVIRONMENTAL IMPACT
10.01 None directly as a result of this report.
11.00 EQUALITIES IMPACT
11.01 None directly as a result of this report.
12.00 PERSONNEL IMPLICATIONS
12.01 None directly as a result of this report.
13.00 CONSULTATION REQUIRED
13.01 None directly as a result of this report.
14.00 CONSULTATION UNDERTAKEN
14.01 None directly as a result of this report.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND DOCUMENTS
Clwyd Pension Fund Panel Files - Obtainable from the Contact Officer
Contact Officer: Philip Latham Telephone: 01352 702264 E-Mail: [email protected]
Date: 24/03/2009 129