Issue - meetings

Report of the Director of Legal and Governance Services.

RESOLVED:  That

(1)               having considered the submission and additional recommendation proposed by the Corporate Director of Children and Families at appendix 5 to the report, and having reconsidered the decision of the Cabinet meeting held on 11 April 2013 set out at appendix 3 to the report as a result of the decision of the Call-in Sub-Committee, the original decision of Cabinet be amended, as follows:

That, given that trades unions and staff members had expressed significant interest in the key decision to externalise a greater percentage of the service, Cabinet reconsider the Key Decision in relation to SNT3 in September 2013 to allow fuller consultation with trades unions, staff and service users and for the decision to be made with the benefit of the consultation responses.

(2)               a report outlining the process of drawing up and approving Equality Impact Assessments (EqIAs) for Cabinet level decisions be submitted to a future Cabinet meeting.

Reason for Decision: To reconsider the decision at the earliest opportunity following the referral by the Call-In Sub-Committee and to allow progress to be made on the SNT3.

Alternative Options Considered and Rejected:  To confirm the decision made by Cabinet on 11 April 2013.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation Granted:  None.

Cabinet received a report of the Director of Legal and Governance Services, which set out the decision of the Call-In Sub-Committee meeting held on 29 April 2013 following the receipt and consideration of a Call-In notice in relation to Cabinet’s decision of 11 April 2013 on the Special Needs Transport Change Programme 3 (SNT 3).

The Leader of the Council welcomed the report from the Call-In Sub-Committee and thanked the Members involved for their scrutiny in regard to SNT3.  The Portfolio Holder for Children, Schools and Families commended the recommendations of the Call-In Sub-Committee to Cabinet, including the recommendation from the Corporate Director of Children and Families, at appendix 5 to the report, which would allow for fuller consultations.

The Non-Executive (non-voting) Cabinet Members commented that the commitment to consult should be genuine and fair and residents and staff should feel engaged.  It was important to listen to the views of those consulted and not to be seen to have drawn any prior conclusions.  They sought assurances in this regard and suggested that the Council’s consultation process with staff and residents be re-examined to ensure a holistic and thorough approach.  In response, the Leader of the Council stated that he was aware of the issues surrounding the Council’s consultation process and had asked the Head of Communications to lead on this matter with a view to presenting a paper.

The Corporate Director of Children and Families explained that additional work relating to the consultation on the SNT3 was required.  She added that the Call-In Sub-Committee did not raise any concerns over the Equality Impact Assessment (EqIA) submitted in relation to the SNT3 but that, in any case, the EqIA would be refreshed when a further report was submitted to Cabinet in September 2013.

The Portfolio Holder for Children, Schools and Families commended the recommendation of the Call-in Sub-Committee and it was

RESOLVED:  That

(1)               having considered the submission and additional recommendation proposed by the Corporate Director of Children and Families at appendix 5 to the report, and having reconsidered the decision of the Cabinet meeting held on 11 April 2013 set out at appendix 3 to the report as a result of the decision of the Call-In Sub-Committee, the original decision of Cabinet be amended, as follows:

That, given that trades unions and staff members had expressed significant interest in the key decision to externalise a greater percentage of the service, Cabinet reconsider the Key Decision in relation to SNT3 in September 2013 to allow fuller consultation with trades unions, staff and service users and for the decision to be made with the benefit of the consultation responses.

(2)               a report outlining the process of drawing up and approving Equality Impact Assessments (EqIAs) for Cabinet level decisions be submitted to a future Cabinet meeting.

Reason for Decision:  To reconsider the decision at the earliest opportunity following the referral by the Call-In Sub-Committee and to allow progress to be made on the SNT3.

Alternative Options Considered and  ...  view the full minutes text for item 641

Report of the Director of Legal and Governance Services.

The following documents are attached:-

a)     Notice invoking the Call-In;

b)     Extract from the Minutes of the Cabinet Meeting held on 11 April 2013;

c)      Report submitted to Cabinet on 11 April 2013

The Sub-Committee received papers in respect of a call-in notice submitted by over 150 members of the public.

The Chairman invited the representative of the signatories, Mr Darren Butterfield of Unison, to present the reasons for the call-in of the decision to the Sub-Committee.

The representative of the signatories addressed each of the grounds for the call-in separately.

Ground 1 – Inadequate consultation with stakeholders prior to the decision

The representative of the signatories explained that at the Children and Families Departmental Joint Committee (DJC) on 19 March 2013 the information presented had been inadequate and had failed to include the Cabinet report, the Equality Impact Assessment (EqIA) and the full business case.  A letter had been sent by the Unison Branch Secretary to the Leader of the Council requesting that the decision be suspended but a response had not been received.  Meetings with staff had taken place on 28 March 2013 and, due to the timing of the sessions, many Special Needs Transport (SNT) staff had been unable to attend.  The consultation did not satisfy Section 15 of the Recognition Agreement and consultation after the decision was not meaningful.  There had not been any consultation with the 515 service users but there were potential impacts on users including health and safety concerns and any future changes to the eligibility criteria.  There did not appear to have been any dialogue with officers in the Community, Health and Wellbeing Directorate or with other Members about the Cabinet report and the EqIA.  Two versions of the EqIA were available on the Council’s website, one of which was unsigned and undated, while the other had been signed by the Divisional Director Early Intervention Services.  It was not clear whether a recognised Council group, such as the Quality Assurance Board or the Corporate Equality Group had met to consider the EqIA.  There had not been consultation with Head Teachers on the EqIA.

Ground 2 – The absence of adequate evidence on which to base a decision

The representative of the signatories advised that the evidence provided was inadequate to assess the impact of the proposals and the EqIA assumed no impact on two of the protected characteristics, race and gender.  The proposals did not include information on what the new eligibility criteria would be for the service.

Ground 3 – Insufficient consideration of legal and financial advice

The representative of the signatories made reference to the public sector equality duty under section 149 of the Equality Act 2010 and commented that full legal advice had not been given.  He explained that if full advice had been provided then the information lacking from the EqIA on race and gender would have been identified.

The Chairman then invited the Portfolio Holder for Children, Schools and Families to address the Sub-Committee.  She thanked the representative of the signatories for his presentation and introduced Councillor Phillips, her Portfolio Holder Assistant who had been involved with SNT 3.  The Portfolio Holder for Children, Schools and Families requested officers  ...  view the full minutes text for item 44

Report of the Divisional Director of Special Needs Service.

RESOLVED:  That

(1)               the progress on the SNT3 Programme be noted;

(2)               the Corporate Director of Children and Families, in consultation with the Portfolio Holders for Children, Schools and Families, Property and Major Contracts, and Adult Social Care, Health and Wellbeing, be authorised to:

a)                 procure, select and award contracts to the preferred transport services suppliers on such terms as agreed, acting in the best interests of the Council and in doing so promoting local social enterprises and private organisations;

b)                 consult on a new transport eligibility policy;

(3)               a further progress report with a final draft policy be received for approval in Autumn 2013.

Reason for Decision:  The MTFS provided a need and a timeframe for delivering further savings of £540k from special transport.  The SNT3 programme would deliver the required savings whilst maintaining the service required by residents. 

To deliver savings within the timescales required delegated authority to identify best providers and award contracts to the best placed provider.

A broader, more flexible delivery would future proof the service for the direction of government policy.  The preferred option would seek solutions that were delivered by local suppliers and local social and community enterprises.

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.

Cabinet received a report of the Divisional Director of Special Needs Services, which set out a programme of change for the service that included significant procurement of new suppliers to the Council over the next 3 years. 

In inviting the Portfolio Holder for Children, Schools and Families to introduce the report, the Leader of the Council stated that the way forward was well defined and he thanked officers and his colleagues for their work.

The Portfolio Holder for Children, Schools and Families stated that as part of the process for SNT 3, it was important that a high level of service continued to be maintained.  She was supported by the Corporate Director of Children and Families in this regard, who added that following the successful implementation of SNT 1 and 2, the Council had been working with relevant parties, including the Unions, to deliver on SNT3.

The Corporate Director added that Harrow was one of the few local authorities that had continued to maintain an in-house service.  She informed Cabinet that at present a percentage of the travel routes were outsourced.  The Council would work with local providers and the existing work force, over a period of three years to deliver on this complex project.  She cited an article in a local newspaper, which showed the support given to this project by the Chief Executive of the Harrow Association of Voluntary Services (HAVS).

The Portfolio Holders for Performance, Customer Services and Corporate Services and Community and Cultural Services commended the work undertaken by officers and the Portfolio Holder for Children, Schools and Families with a view to further radicalising the services over a period, including the building of relationships and trust with local organisations whilst maintaining the services provided.

RESOLVED:  That

(1)               the progress on the SNT3 Programme be noted;

(2)               the Corporate Director of Children and Families, in consultation with the Portfolio Holders for Children, Schools and Families, Property and Major Contracts, and Adult Social Care, Health and Wellbeing, be authorised to:

a)                 procure, select and award contracts to the preferred transport services suppliers on such terms as agreed, acting in the best interests of the Council and in doing so promoting local social enterprises and private organisations;

b)                 consult on a new transport eligibility policy;

(3)               a further progress report with a final draft policy be received for approval in Autumn 2013.

Reason for Decision:  The MTFS provided a need and a timeframe for delivering further savings of £540k from special transport.  The SNT3 programme would deliver the required savings whilst maintaining the service required by residents. 

To deliver savings within the timescales required delegated authority to identify best providers and award contracts to the best placed provider.

A broader, more flexible delivery would future proof the service for the direction of government policy.  The preferred option would seek solutions that were delivered by local suppliers and local social and community enterprises.

Alternative Options Considered and Rejected:  As set out in the report.

Conflict of Interest relating to  ...  view the full minutes text for item 628