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DATA LABEL: Public 351 DATA LABEL: Public 351 MINUTE of MEETING of the WEST LOTHIAN COUNCIL held within Council Chambers, West Lothian Civic Centre, Livingston, on 1 April 2014. Present – Provost Tom Kerr (Chair), Depute Provost Dave King, Leader of the Council John McGinty, Frank Anderson, Stuart Borrowman, William Boyle, Diane Calder, Janet Campbell, Harry Cartmill, Tom Conn, Alexander Davidson, Martyn Day, Robert De Bold, Jim Dickson, Mary Dickson, Jim Dixon, David Dodds, Lawrence Fitzpatrick, Isabel Hutton, Carl John, Peter Johnston, Danny Logue, Greg McCarra, Anne McMillan, Andrew Miller, Angela Moohan, John Muir, Cathy Muldoon, George Paul, Barry Robertson, Frank Toner, Jim Walker Apologies – Councillor Tony Boyle 1. DECLARATIONS OF INTEREST Motion – Membership of COSLA (Agenda Item 11) Councillor Johnston declared a non-financial interest arising from his position as COSLA Spokesperson, Health and Wellbeing. 2. CHILD PROTECTION PROCEDURES (a) Presentation by Child Protection Officer The Provost welcomed Anne Craig (Child Protection Officer) to the meeting. Anne had been invited to the meeting to provide an overview of Child Protection processes and procedures in West Lothian Education Services, and to provide details of the role of Education staff in managing an allegation/disclosure of abuse. Anne spoke of the need for teachers to be mindful that professional trust could be perceived to extend beyond a pupil’s school leaving date, and that the onus was upon the teacher and not the pupil to distance themselves from any potentially inappropriate situation. Anne went on to explain the phases of managing an allegation/disclosure, describing a number of Do’s and Don’ts for teachers. In relation to establishing the facts, the basic principles were outlined in the presentation, and were summarised to staff as undernoted:- a. Keep the questions open-ended b. Do not prompt or suggest to obtain the answer you think you want to hear. c. Record, sign and date allegation or concerns on same day. All record should be written by hand. This might be required as evidence. DATA LABEL: Public 352 The Council heard that any member of staff during the school day who had any concerns about whether a pupil was being abused must share their concerns with the Designated Member of Staff as soon as possible. If the Designated Member of Staff was unavailable, the member of staff would action the procedures. The Child Protection Officer then responded to questions raised by elected members. Finally, the Provost thanked Anne for her informative presentation. (b) Report by Head of Education (Quality Assurance) A report had been circulated by the Head of Education (Quality Assurance) informing the Council of Child Protection processes and procedures within schools. The Council was informed that all agencies in West Lothian followed Edinburgh and Lothian Inter-agency Child Protection Procedures (revised 2012). No one agency could protect children and young people alone and these procedures ensured effective multi-agency communication and joined up collaborative working through the provision of a consistent framework for practice. Each service within the Council had its own process in line with these procedures and within the education service every school and educational establishment was provided with specific resources, documents, templates and training programmes to ensure a consistency of procedure and approach within the area of Child Protection. Information on the resource content was attached as Appendix 1 to the report. The report provided additional appendices as undernoted:- Appendix 2 Role of Designated Member of Staff in Education – Information on the roles in provision of training, supporting young people, families and staff, assessing risk, record keeping, liaising with core agencies, writing child protection reports and attending child protection case conferences. Appendix 3 Child Protection Action Plan Appendix 4 Child Protection Procedures – Schools Appendix 5 School Behaviour Statements The Head of Education (Quality Assurance) concluded that the information provided demonstrated that Child Protection processes and procedures in West Lothian Education Services complied with national guidance and local procedures. The child protection framework ensured staff received relevant training and had the DATA LABEL: Public 353 knowledge, understanding and support to ensure processes and procedures were implemented to safeguard children and young people. Decision To note the terms of the presentation and to note the contents of the report. 3 MINUTES (a) The Council approved the minute of meeting of West Lothian Council held on 18 February 2014. (b) The Council noted correspondence arising from previous decisions. (c) The Council noted the Minute of Meeting of the Audit and Governance Committee held on Tuesday 19 November 2013. (d) The Council noted the Minute of Meeting of the Performance Committee held on Monday 27 January 2014. (e) The Council noted the Minute of Meeting of the Education (Quality Assurances) Committed held on Tuesday 28 January 2014. 4. ELECTION BUSINESS The Council was asked by the SNP Group to consider proposed changes to membership of Policy Development and Scrutiny Panels and Committees as undernoted:- PDSP/Committee Existing Member(s) Replacement Member(s) Social Policy PDSP Janet Campbell Diane Calder Voluntary Organisations PDSP Mary Dickson Jim Dickson Performance Committee Diane Calder Carl John Jim Dickson Greg McCarra Decision To approve the proposed changes to the membership of Policy Development and Scrutiny Panels and Committees. DATA LABEL: Public 354 5. NOTICE OF MOTION - WESTMINSTER MUST STOP STALLING ON BEDROOM TAX MITIGATION - SUBMITTED BY COUNCILLOR JOHNSTON The Council considered a motion submitted by Councillor Johnston in the following terms:- “Council calls on the UK Government to implement the minor legal change needed to allow the Scottish Government to mitigate the effects of the Bedroom Tax – after seven weeks of stalling. Council notes that this year’s Scottish Government budget made available up to £50m in Discretionary Housing Payments – widely agreed to be the most effective way of preventing evictions under the Bedroom Tax. However, the Scottish Government is currently prevented from providing the full level of support as the DWP has imposed a cap of £22.85m. Council further notes that the Deputy First Minister, Nicola Sturgeon, wrote to the UK Government’s Welfare Minister, Lord Freud, some seven weeks ago to request that the legal restrictions on the amount the Scottish Government can provide in discretionary housing payments be lifted – but has yet to receive a reply. Council asserts that the Bedroom Tax is an unfair, iniquitous policy which targets the most vulnerable people in society and that it is absolutely ridiculous that the Scottish Government has had to use scarce resources to mop up Westminster’s mess and help people suffering under a policy that Scotland comprehensively rejected. Council further asserts that it’s even more ludicrous that Westminster is able to stand in the way of the Scottish Government’s attempts to help victims of the Bedroom Tax – perfectly demonstrating the limitations of the status quo and the necessity of independence. Council therefore agrees that it is only with the full powers of independence that we can create a welfare state that supports the most vulnerable people in society and ensures that the Bedroom Tax is consigned to history. Council further agrees to write to the UK Prime Minister urging him to, in the meantime, stop stalling, lift the cap and allow the Scottish government to mitigate the effects of Westminster’s disastrous bedroom Tax policy.” Moved by Councillor Johnston, seconded by Councillor Calder. Amendment “West Lothian Council notes that since November 2012, prior to the introduction of the “bedroom tax”, West Lothian Council has worked pro- actively with claimants, partners, and other social landlords to seek to mitigate the effects of the Bedroom Tax. The Council was allocated a total of £254,648 of Discretionary Housing Payment (DHP) funding from the Department for Work and Pensions DATA LABEL: Public 355 (DWP) on 1 April 2013 and that the Council Executive, at its meetings of 23 April 2013 and 25 June 2013 added a further £200,000 per year for three years, specifically to assist those affected by the Bedroom Tax. The Scottish Government informed the council, in October 2013, of their additional funding award of £378,129 which meant that for 2013/14 West Lothian Council was able to utilise the maximum DHP cap, taking the Council’s total DHP budget in 2013/14 to £742,777. West Lothian Council believe that there is now no point of principle at stake regarding the DHP cap, it has already has been breached by the DWP’s own additional Reserve Funding as mentioned above, so there is now no matter of principle at stake in lifting the cap to utilise the Scottish Government’s additional funding. The Scottish Government should stop playing politics – it currently has the powers and the money to mitigate the effects of the Bedroom Tax. Council therefore resolves to write to the Scottish Government and urge it to use these powers now to alleviate the worry and financial hardship of the folk of West Lothian and, indeed, the rest of Scotland, who are affected by the Bedroom Tax. Moved by Councillor McMillan, seconded by Councillor Conn. It was agreed that a roll call vote be taken which resulted as follows:- Motion Amendment Abstain Frank Anderson Stuart Borrowman
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