Agenda and minutes

To receive declaration of interest (if any) from Members of the Cabinet.

RESOLVED: To note that the following interests were declared:

Of the Cabinet meeting held on 9 September 2003, having been circulated, to be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 9 September 2003, having been circulated, be taken as read and signed as a correct record.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded.

Cabinet agreed that item 21 - Harrow Magistrates’ Court - be considered as the first item of substantive business.

The Chair indicated that he was prepared to consider the following item as urgent so that the changes proposed to the existing memberships of the various Cabinet Panels could take place with immediate effect:

Conservative Group Committee Memberships – Changes Proposed to the Cabinet Panels.

Members noted a typographical error on the agenda sheet in that item 16(b) should read Recommendation from the Best Value Advisory Panel meeting held on 11 September 2003 and not 16 July 2003 as stated on the agenda.

RESOLVED:  That all business be considered with the press and public present with the exception of the following item for the reason set out below:-

To receive petitions (if any) submitted by members of the public/Councillors.

RESOLVED:  To note that no petitions had been received.

To receive any public questions received in accordance with paragraph 15 of the Executive Procedure Rules.

(Note:  Paragraph 15 of the Executive Procedure Rules stipulates that questions will be asked in the order notice of them was received and that there be a time limit of 15 minutes.)

RESOLVED:  To note that no public questions had been received.

Report of the Borough Solicitor

The Borough Solicitor reported that the decision of the Greater London Magistrates’ Courts Authority (GLMCA) to close Harrow Court House had been taken in private and that only the Members of the GLMCA and its officers were present when the decision was taken.

He drew attention to the Press Release issued by the GLMCA and pointed out that only Harrow Council had a right of appeal against the decision and that this right had to be exercised within one month (and not 28 days as indicated in the Press Release issued by the GLMCA) following formal notification.  He added that the last practical day on which the Council could appeal was 31 October 2003 and stated that the decision on the form of appeal that ought to be lodged would be left with officers.

He outlined the grounds on which the appeal would be based and reported that a letter would be sent to the Justices’ Chief Executive requesting a copy of the feasibility study conducted by the GLMCA and the Courts Service which, to date, had been denied to Harrow Council.

In response to a number of questions from Members, the Borough Solicitor stated

·         that Kingston Council had also been denied access to important documents when it had previously appealed against the closure of Kingston Magistrates’ Court;

·         that he was of the view that the GLMCA appeared to be determined to close Harrow Court whatever objections were lodged in order to achieve a capital receipt of some 1.3m from the sale of the site in order to fund courthouses elsewhere in London.

Councillor Ann Groves, who was backbenching, stated that the decision of the GLMCA had had a disastrous effect on the local court and, on behalf of the Bench Members, she thanked the Council for its support in fighting the closure.

She added that she had had discussions with the Minister responsible for deciding the appeal and stated that the secrecy and the lack of information available was frustrating and made it difficult for those in the Court Service to function effectively.

She added that a number of the most experienced Bench Members would not be sitting on the Brent Bench and reported that they could not understand why the principle of co?locating Harrow Magistrates’ Court within Harrow Crown Court had been dismissed by the GLMCA because it could be achieved with minimum costs and disturbance to existing services.

The Chair thanked the Police, Magistrates, local MPs and stakeholders for supporting the Council’s campaign against the closure of Harrow Magistrates’ Court for which there had been cross-party support.  He added that the Council would appeal against the decision by the GLMCA, which had been taken behind closed doors and stated that this lack of accountability ought to be deplored.  He mentioned that the evidence submitted by the Council had been robust and that the cost of co?location would not be prohibitive.  He called for the GLMCA to release its anticipated costs, which it had considered to  ...  view the full minutes text for item 334.

RESOLVED:  To note the contents of the Forward Plan for the period 1 October 2003 – 31 January 2004.

(if any).

RESOLVED:  To note that no reports had been received.

Report of the Executive Director (People First)

Cabinet considered the report of the Executive Director (People First) in conjunction with the  recommendation from the Education Consultative Forum and the reference from the Lifelong Learning Scrutiny Sub-Committee.

Cabinet was informed that the majority of the recommendations from the Education Consultative Forum and the Lifelong Learning Scrutiny Sub-Committee had already been taken on board.

The Portfolio Holder for Education and Lifelong Learning thanked the Library Services Manager and his staff for an excellent report and welcomed the fact that the comments from both the Education Consultative Forum and the Lifelong Learning Scrutiny Sub-Committee had been taken on board.  He welcomed the extension in opening hours which provided value for money and which had significantly improved access to facilities for local residents.  He hoped that further changes would be possible such as a new cultural centre that could house a new library as part of the plans for a new town centre development.  This was echoed by the Chair and the Portfolio Holder for Planning, Development, Housing and Best Value.  They went on to say that Cabinet was committed to ensuring that a central library formed an integral part of any new town centre development.

A Member suggested that elements of the Position Statement be included in the consultation document.

RESOLVED:  That (1) the recommendations from the Education Consultative Forum and the Lifelong Learning Scrutiny Sub-Committee be welcomed and agreed;

(2)  that the Public Library Position Statement be approved for submission to the Department for Culture, Media and Sport (DCMS) and that the Portfolio Holder for Education and Lifelong Learning endorse the document indicating the Council’s strong commitment to the Public Library Position Statement.

Reason for Decision:  To meet the requirements to submit a Public Library Position Statement to DCMS for an assessment which will be included within the Corporate Performance Assessment process. 

Report of the Director of Strategy (People First)

The Director of Strategy (People First) introduced the report and drew out the salient points which related to the recommendations before Cabinet.  He added that the results of the Stakeholder Survey would be analysed and reported to Cabinet in February 2004.

He informed Members that the models for the Stakeholder Survey had been developed jointly with Harrow Council’s key partner, the London West Learning and Skills Council.

The Portfolio Holder for Education and Lifelong Learning welcomed the debate on Post 16 provision that would now ensue and stated that Harrow Council’s view would be of crucial importance.  He added that he was disappointed that school organisation at 11+ may have to decouple.

The Leaders of the Conservative and Liberal Democrat Groups were of the view that the provision of adequate public transport was also essential when looking at re-organisation of schools in the Borough.

Following a request that the final bid to the DfES should involve consultations with Nominated Members of both the Conservative and Liberal Democrat Groups it was

RESOLVED:  (1) That the submission of bids to the DfES, as outlined in paragraphs 5.1 – 5.5 of the officer’s report, be submitted to the  Department of Education and Skills (DfES);

(2)   that the Portfolio Holder for Education and Lifelong Learning be authorised to approve the final bid to the DfES following consultations with the Nominated Members of the Conservative and Liberal Democrat Groups;

(3)  that a report be submitted to Cabinet in April 2004 detailing the outcome of the DfES announcements on capital funding;

(4)  that the draft paper for the London Borough of Harrow’s Stakeholder Survey on models of provision for Post 16 and the timescale be agreed;

(5)  that a report detailing the outcomes of the Stakeholder Survey be submitted to Cabinet in February 2004.

Reason for Decision:  Members have received a series of reports on the School Organisation Debate since January 2001.  This report informs Members of the progress on establishing the Post 16 Steering Group and the 14?19 Advisory Group.  The Post 16 consultation document and timescale are provided for Member consideration and approval.  In addition, the DfES capital bidding process is outlined with proposals for Harrow’s bids.

Report of the Executive Director (People First)

The Director of Strategy (People First) introduced the report and spoke briefly on the recommendations from the Harrow Admissions Forum and the role and composition of its Working Party which had been set up to review the current admission arrangements.  He outlined the changes considered by the Working Party as set out in paragraph 10.2 of the report.  He explained that as part of the consultation process, stakeholders would be supplied with illustrative material.

Following questions from Members and a suggestion that officers ought to revisit the ‘tie-breaker’ rule applied when allocating places at Bentley Wood it was

RESOLVED:  That (1) Harrow’s Voluntary Aided Governing Bodies be consulted on schemes of co-ordination for admissions as set out in Appendix C(i) - (iii) prior to carrying out consultations with neighbouring authorities;

(2)  that Community and Voluntary Aided Governing Bodies be consulted on proposed changes to the admission arrangements to apply to Harrow community primary and high schools for intake to school in 2005;

(3)  that consultation arrangements through Governing Bodies, the Early Years Development and Childcare Partnership and Education Consultative Forum be agreed and that the schools make arrangements to consult with parents through their normal channels of communication;

(4)   that officers be requested to revisit the ‘tie-breaker’ rule applied when allocating places at Bentley Wood High School for Girls.

Reason for Decision:  Admission authorities are required to consult before determining admission arrangements.

Report of the Executive Director (People First)

The Portfolio Holder for Social Services welcomed the report and the proposals therein which she considered to be groundbreaking.

Whilst supporting the recommendation in the officer’s report, the Chair tabled a motion, which was duly seconded, that would enlarge the membership of the New Harrow Project.  This was agreed by Cabinet.

Additionally, following a question from the Leader of the Liberal Democrate Group, the Chair requested that Members of Cabinet be informed of the Terms of Reference of the New Harrow Project Panel and clarify whether it had a monitoring role to play.

RESOLVED:  (1) That the framework and timetable for the Community Services Pilot, as set out in Appendices A & B, be approved subject to further detailed work on the evaluation process being carried out;

Reason for Decision:  In order to consider this matter prior to the launch of the pilot in early November.

(2)  That Labour Group’s representation on the Panel be increased by 1 place;

(3)  that an increase in the Conservative Group representation by 1 place be agreed;

(4)  that further to resolutions (2) and (3) above, Councillor O’Dell’s membership be deleted and that he be re-appointed as Reserve No. 3 and that Councillors Margaret Davine and Stephenson be appointed as new Members of the Panel;

(5)  that given the above and the constraint on the membership by virtue of the Panel being an Executive Sub-Committee (limited to Members of Cabinet), the revised appointments be as follows:

(Note:  The Panel would remain as an authorised non-proportional membership).

Reason for Decision:  To reflect the Community Services pilot as a People First Directorate project and to increase representation.

Cabinet considered the recommendation from the Best Value Advisory Panel.  In noting the implications set out in the report, Cabinet agreed with the decision taken by the Panel and it was,  

RESOLVED: That the following measures be implemented:

·         early discharge planning for people in the acute unit with housing to be facilitated by prompt liaison with housing.

·         housing Assessment being integrated in work of residential panel by inclusion of service representative in panel meetings.

·         setting up of a Mental Health Information Group including service user/carer representatives to produce leaflets.

·         creation of a specialist Accommodation Officer post which focuses on needs of mentally ill people.

·         improvement in operation of Residential Panel by using the proposed Accommodation Officer post to carry out work between panel meetings, by incorporating Housing representation and consideration being given to the adoption of the standardised matrix for matching service users’ support needs to appropriate accommodation.

·         development of a Rehabilitation Team to work closely with service users to enable them to develop the skills and confidence to manage (more) independent living.

·         provision of direct support to mentally ill people with their applications to the Locata Scheme through the proposed Accommodation Officer post.

·         improve provision of leaflets and service information available in different languages and formats.

·         support mentally ill people seeking work experience and permanent employment through creation of Local Employment Co-ordinator post linked with Mental Health Trust proposed Vocational Services Manager. 

Reason for Decision:  To implement specified recommendations featured in the Best Value review, with the aim of improving existing Mental Health Services offered in the Borough.

Cabinet considered the recommendation from the Better Government for Older People Advisory Panel and

RESOLVED:  That the revised Terms of Reference for the Better Government for Older People Advisory Panel referred to as Appendix 1 be approved.

Reason for Decision: The revised Terms of Reference clarifies the role of the Panel in relation to the work of the Partnership with Older People Steering Group.

Report of the Executive Director (Urban Living)

The ALMO Project Director drew out the salient points from his report and informed Cabinet that the split in the cost to the Housing Revenue Account (HRA) and the General Fund would become evident when the proposal had been fully costed. He added that work on this was continuing.

RESOLVED:  (1) That the progress made in developing the ALMO be noted;

(2)  that those matters which will require further Cabinet approvals be noted;

(3)  that the approach to demonstrating tenant support, as described in paragraph 8.3, be approved;

(4)  that the mechanism for recruiting independent members to the Board of Management, as described in paragraph 9.2, be approved.

Reason for Decision:  To progress the Cabinet’s previous decision to set up an Arms Length Management Organisation.

Report of the Director of Professional Services (Urban Living)

The Director of Professional Services (Urban Living) introduced the report and, with the aid of detailed drawings displayed at the meeting, explained the works proposed by the Environment Agency.  He pointed out that a Deed of Variation will be required in respect of the agreement entered into by the Council with Wealdstone Stadium Investment Ltd (WSIL) in respect of the Prince Edward Playing Fields and sought Cabinet’s approval.

He assured Members that access to Bentley Priory Open Space was unlikely to be affected or reduced.  A Member hoped that Summerhouse Lake would not deteriorate further and commented that egress to Whitchurch Playing Fields, which was from Church Lane only, was affecting the amenity of residents of Church Lane.

RESOLVED:  (1) That the Director of Professional Services (Urban Living) be authorised to dispose of the Council’s interest in land at Prince Edward Playing Fields, hatched black on plan ES No. 1 and to grant an easement to enlarge the dam at Summerhouse Lake to the Environment Agency and to agree the terms;

(2)  that it be noted that a Deed of Variation will be required in respect of the agreement previously entered into with WSIL for the Prince Edward Playing Fields site and that the Director of Professional Services (Urban Living) be authorised to negotiate revised terms.

(3)  that the Director of Professional Services(Urban Living) be authorised to negotiate the granting of licences and easement on terms, to be agreed with the Environment Agency in order to enable them to implement their proposals in respect of the Prince Edward Playing Fields site and Summerhouse Lake site at Bentley Priory Open Space.

Reason for Decision:  To allow the Silk Stream Flood Alleviation Scheme to proceed.

Cabinet considered the report of the Portfolio Holder for Planning, Development, Housing and Best Value in conjunction with the recommendation from the Best Value Advisory Panel on the same subject and the report of the Executive Director (Urban Living) setting out the progress made by officers against the seven steps in relation to the repairs service.  Members noted this latter report.  Cabinet agreed with the recommendation from the Best Value Advisory Panel which was also reflected in the report of the Portfolio Holder.

RESOLVED:  That the Improvement Plan arising from the Your Home Your Needs Best Value Review be approved.

Reason for Decision:  To enable a number of the action points from the review to be implemented.

Cabinet was informed that the stance taken by the UDP Inspector on the BAE Systems site and the Inspector’s recommendations on the Harrow UDP would be debated further at meetings of the Panel in November.  Members noted that the Inspector’s findings could only be challenged by way of legal action.

RESOLVED:  (1)  That the findings of the Employment Land Study prepared for the Council by Chesterton plc, especially the strong message that there is a need to continue to protect land and premises in employment use, given the frustrated demand in the Borough, be noted;

(2)  that the Master Plans/Area Action Plans for the Northolt Road, South Harrow Business Use Area/the western part of Wealdstone Industrial & Business Use Area, the Honeypot Lane area and the Biro Works site be prepared;

(3)  that the changes to the nature of employment policy that will need to be considered as part of the process of moving towards the Local Development Framework be noted.

Reason for Decision:  To support employment land policies in the Harrow UDP and give direction to further policy development and site specific work.

RESOLVED:   That the Conservation Area Policy Statement for Stanmore Hill Conservation Area be approved subject to the inclusion of the following sentence in paragraph 9.2.7 of the Policy Statement:

‘The cattle trough shown on the front cover of this document was relocated some time ago to the open space outside St John’s Church’.

Reason for Decision:  To ensure that the Study, which as a draft was subject to public consultation in accordance with Government Guidance, now acquires the status of Supplementary Planning Guidance.

RESOLVED:  (1)  That the Conservation Area Policy Statement for Little Common Conservation Area be approved;

Reason for Decision:  To ensure that the Study, which as a draft was subject to public consultation, now acquires the status of Supplementary Planning Guidance.

(2)  That the Borough Solicitor be authorised to serve again revised Article 4 Directions and amend the Conservation Area boundary to remove one property (No. 153 Stanmore Hill), included in error, as set out in the map on Appendix 2 and the schedules in Appendix 3.

Reason for Decision:  To ensure that the appropriate notices are served.

Report of the Interim Director of Finance

The Executive Director (Business Connections) drew Members’ attention to Appendix 1 of the report which summarised the draft budget position for the period 2004-2007. He explained the various sections of the table.  He added that new growth items had been excluded from the forecast.  He pointed out that the draft budget target for school anticipates ‘passporting’ the cash increase in the schools’ FSS component.

He informed Members that the increase in government funding had been assumed and that it was based on the revised census figures. He added that the final levels of funding to be provided by central government would not be known for some time.

In response to questions from Members, the Executive Director (Business Connections) reported

·         that all budget heads were being reconfigured;

·         that the work being undertaken on the Social Services Budget, in line with the guidance issued by CIPFA, was to ensure that best practice was being followed;

·         that further discussions on reconciliation would take place at Budget Review Working Group (BRWG) meetings;

·         that it was necessary to ensure the validity of the growth items and to ensure that they were fully costed;

·         that efficiency savings, when identified, would be reported to Members, initially at the BRWG meetings.

The Chair and the Portfolio Holder for Finance, Human Resources and Performance Management indicated that tax figures at the bottom of the table should not in any way be taken as Council Tax proposals as this was only an interim document.

Following further debate, the Chair invited both the Conservative and Liberal Democrat Groups to work together with the Labour Group to achieve a consensus budget.  In response, Members of the Conservative and Liberal Democrat Groups stated that they would continue to make their contributions through the Budget Review Working Group and work towards achieving a budget that they considered to be right for the people of Harrow.

RESOLVED:  That the report be noted.

Reason for Decision:  To enable further review and refinement of the current rolling budget forecast in advance of the Revenue Support Grant Settlement at the beginning of December 2003.

The Executive Director (Business Connections) reported a minor amendment to the consultation document attached as Appendix A to his report, that building up the reserves to the optimum level be a Priority Area.

Members agreed that the consultation document ought to be published on the Council’s website with a note clarifying which key partners the Council was consulting.

Members expressed differing views on the statements included in the report in relation to ‘Highways’ and ‘Town Centre’ and whether these raised false expectations following which, it was

RESOLVED:  That the consultation document attached as Appendix A to the report be agreed subject to the following minor amendment:

Within the overarching MTBS objectives in the consultation document, to include the following wording ‘- to increase the Council’s level of reserves to the optimum level of £7m over the course of the MTBS’.

Reason for Decision:  In order that work to prepare the 2004/05 budget and 2004/07 Medium Term Budget Strategy can progress.

Report of the Executive Director (Business Connections)

The Leader of the Conservative Group commended the report and stated that funding should be made available so that the Strategy could be implemented.  The Portfolio Holder for Finance, Human Resources and Performance Management stated that every budget for every area should have ‘e’ implications built in.

RESOLVED:  That the ICT Strategy be approved.

Reason for Decision:  In order that work can begin on delivering the Strategy.

This report is codicil to the substantive report on the ICT Strategy.

Cabinet noted consultation would take place through the IT Working Group, which would need to meet before the decision was taken by the Portfolio Holder for Finance and Human Resources.

Page 58 of the report, which now included figures for BVPI 157 for Electronic Service Delivery, was tabled at the meeting for information.

RESOLVED:  That the draft Implementing Electronic Government Return (IEG3) be approved and that the Portfolio Holder for Finance, Human Resources and Performance Management, following consultation with Members of the IT Working Group, approve the final report following the incorporation of amendments made by CMT.

Report of the Director of Business Services

The Executive Director (Business Connections) reported that the Counter Service would reopen on Wednesdays and that work on reducing the backlog was continuing. He stated that the backlog would be cleared by December 2003.

In response to a question from a Member, the Executive Director (Business Connections) stated that all cases closed on the basis of the 28 day review would be reviewed after December 2003.

He undertook to inform Cabinet which regulation(s) was applied when determining that the case be closed.

The Portfolio Holder for Finance, Human Resources and Performance Management agreed with the Leader of the Liberal Democrat Group that a training programme would be beneficial but added that the costs rather than just  the benefits of such a programme ought to be identified first.

He undertook to keep Members informed on the progress made in implementing the action plan.

RESOLVED:  That (1) the impact of the additional resources for Housing Benefit for the provision of Recruitment Consultants, Interim Management and Process Consultants be noted;

(2)  that the action plan at Appendix 2 to the report of the Director of Business Services be agreed, subject to the areas which have financial implications being considered as part of the budget process;

(3)  that the Portfolio Holder for Finance, Human Resources and Performance Management monitor the action plan.

Reason for Decision:  In order to implement the action plan.

Report of the Borough Solicitor

RESOLVED:  That the decision to appeal to the Employment Appeal Tribunal insofar as the decision relates to the National Minimum Wage, be reaffirmed.

Reason for Decision:  To seek a review of the Employment Tribunal’s decision in accordance with Counsel’s advice and to look after the interests of the Council’s HRA tenants.

Which cannot otherwise be dealt with.

(a)            Conservative Group Committee Memberships 2003/2004

RESOLVED:  That the changes proposed by the Conservative Group in relation to its membership of the following Panels of Cabinet, as set out below, be agreed.

NATIONAL NON DOMESTIC RATEPAYER CONSULTATIVE PANEL

TRAFFIC PANEL

UNITARY DEVELOPMENT PLAN PANEL

WEALDSTONE REGENERATION PANEL

(b)            Protocol for Routing of Reports

RESOLVED:  That officers be requested to ensure that reports being referred to the Executive for decision state specifically whether the matter will be submitted either to Cabinet for decision or for decision by the Portfolio Holder.

Report of the Director of Strategy (People First)

In noting that the Preferred Bidder had now been appointed, Cabinet

RESOLVED:  (1)  That the disposal of the Council Freehold Interest on the site shown edged black on plan No. ES 2826 to Harrow Primary Care Trust be authorised on terms to be negotiated by the Director of Professional Services (Urban Living);

(2)  that Cabinet authorises the Director of Professional Services (Urban Living) to agree and the Borough Solicitor to complete all necessary legal agreement on terms to be negotiated for the following:

(a)        licence or lease for Council functions to remain at Alexandra Avenue for the period between sale of freehold interest and its relocation to alternative premises;

(b)            licence/Lease of interim premises;

(c)        sale of the site;

(d)        lease for new premises plus agreement.

(3)  That further reports on setting up of the Strategic Partnership Board and LIFT Co be submitted to Cabinet.

Reason for Decision:  To enable a new primary care clinic to be built on site.

In accordance with the provisions of Executive Procedure Rule 22.2 (Part 4D of the Constitution) it was

RESOLVED:  At (1) 9.59 pm to continue until 10.15 pm;

(2)  at 10.15 pm to continue until the completion of the remaining business on the agenda.