Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
To
approve entering into an agreement with the Lawn Tennis Association
(LTA) for capital funding to renovate courts in Harrow’s
parks from the LTA’s Renovation Fund, and to delegate to the
Corporate Director of Place the authority to finalise the details
of the funding agreement and to take any further actions necessary
to complete the funding agreement.
To
delegate authority to the Corporate Director of Place and the
Director of Finance to enter a works contract with the successful
contractor for the renovation of the courts
To approve the commencement of
a procurement to identify and contract with a supplier for the
provision of a tennis court operator and delegate authority to the
Corporate Director of Place and the Director of Finance to enter a
contract with the successful contractor.
To delegate authority to the
Corporate Director of Place to agree a consultation strategy in
relation to the renovation of the courts.
Decisions:
RESOLVED:
That
(1)
an agreement with the Lawn Tennis Association (LTA)
for capital funding to renovate courts in Harrow’s parks from
the LTA’s Renovation Fund be entered into, and the Corporate
Director of Place be authorised to finalise the details of the
funding agreement and take any further actions necessary to
complete it;
(2)
the Corporate Director of Place and the Director of
Finance, following consultation with the Portfolio Holder for
Community and Culture and the Portfolio Holder for Finance and
Human Resources, be authorised to enter into a works contract
between Harrow Council and the successful contractor for the
renovation of the courts;
(3)
the commencement of a procurement to identify and
contract with a supplier for the provision of a tennis court
operator be agreed and the Corporate Director of Place and the
Director of Finance, following consultation with the Portfolio
Holders for Community and Culture and Finance and Human Resources,
be authorised to enter into a contract between Harrow Council and
the successful contractor, noting that the responsible Officer
leading on the procurement would be the Head of Service –
Culture and Leisure and that approval included authority to explore
and decide the best contract model between the council and the
operator, which model might include a straight/conventional
contract, a works concession contract or any other model that would
be most effective and also yield value for money to the Council);
and
(4)
the Corporate Director of Place following
consultation with the Portfolio Holder for Community and Culture,
be authorised to agree a consultation strategy in relation to the
renovation of the courts.
Reason for Decision: To enable the tennis courts in Harrow’s
parks to be renovated to a playable standard, increasing
participation in tennis in Harrow, and ensuring thatthe courts were
maintained in the long term by being financially sustainable.
Alternative Options Considered and
Rejected: As set out in the
report.
Conflict of Interest relating to the matter
declared by Cabinet Member/Dispensation Granted: None.
Report author: Corporate Director Place
Publication date: 24/06/2022
Date of decision: 23/06/2022
Decided at meeting: 23/06/2022 - Cabinet
Effective from: 02/07/2022
This decision has been called in by:
-
Mwim Chellah who writes
In accordance with Committee Procedure Rule 46.2, we the undersigned, hereby give notice that we wish to call-in the Executive decision – Investment into Harrow’s Tennis Infrastructure - made on Thursday 23rd June 2022 by Cabinet – and the decision to outsource operation of the Tennis Courts to an external provider and introduce charging, without any prior consultation.
The Cabinet outsourcing decision is set out in Recommendation 3 of the Cabinet Report:-
Approve the commencement of a procurement to identify and contract with a supplier for the provision of a tennis court operator and delegate authority to the Corporate Director of Place and the Director of Finance, following consultation with the Portfolio Holder for Community and Culture and the Portfolio Holder for Finance and Human Resources to enter into a contract between Harrow Council and the successful contractor. The responsible Officer leading on the procurement will be the Head of Service – Culture and Leisure. Approval in this regard to include delegating to explore and decide the best contract model between the council and the operator, which model may include a straight/conventional contract, a works concession contract or any other model that will be most effective and also yield value for money to the council
In accordance with Committee Procedure Rule 46.5, we the undersigned, hereby give notice that we wish to call-in the Executive decision with the following reasons.
1. Inadequate consultation with stakeholders prior to the decision;
a) There has been no consultation with ward councillors prior to cabinet making the decision to outsource the running of the publicly owned tennis courts within our parks in Harrow for profit
b) There has been no consultation with the Park User Groups prior to cabinet making the decision to outsource the running of the tennis courts as per the contract set out in the Park User Groups – Operational Framework.
c) Lack of adequate consultation with current users of the tennis courts in Harrow and whether they support or oppose the role out of charging and outsourcing to an external provider.
d) The cabinet report ignores and does not take into account the COMPACT agreement with the voluntary and community sector regarding consultation prior to a decision being made that would impact the sector -
e) Lack of consultation with debt advice charities who have more relevant data on Harrow residents and their ability to, or not, pay.
f) The lack of consultation with way the decision was made contradicts the Nolan Principles; in particular; openness and personal judgement. For example the decision to outsource had been made prior to consultation therefore ignored any views that may be made .
g) The lack of communication or consultation has damaged future partnership working and relationships with residents and community groups.
2. The absence of adequate evidence on which to base a decision;
The cabinet report had insufficient information on the risks associated with the decision to outsource; particularly the potential impact on youth services and groups, spontaneous play, ability to pay, Park User Groups and schools.
Insufficient attention had been paid to potential “unintended consequences” of outsourcing the running of the service;
• There is no evidence base or pricing structure to support the decision. It is noted that the tennis operator would be responsible for the pricing strategy
• There are no contract limits on profits by the provider.
• Free play will be forced into non-prime times so will exclude weekends and evenings.
3. The decision is contrary to the policy framework, or contrary to, or not wholly in accordance with the budget framework;
The decision contradicts Council agreed policies that ensure there is free access to sports facilities through a joined-up, cross-sector approach to delivery.
Harrow Physical Act"
Accompanying Documents: