Agenda and minutes

Cabinet - Thursday 17 January 2008 7.30 pm

Venue: Committee Rooms 1 & 2 Harrow Civic Centre

Contact: Daksha Ghelani, Senior Democratic Services Officer  Tel: 020 8424 1881 Email: daksha.ghelani@harrow.gov.uk

Items
Note No. Item

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

342.

Declarations of Interest

To receive declarations of personal or prejudicial interests arising from business to be transacted at this meeting from:

 

(a)               all Members of the Committee, Sub Committee, Panel or Forum; and

(b)               all other Members present.

Minutes:

RESOLVED:  To note that that there were no declarations of interests made by Members in relation to the business transacted at the meeting.

343.

Minutes pdf icon PDF 49 KB

Of the Cabinet meeting held on 13 December 2007 to be taken as read and signed as a correct record.

Minutes:

RESOLVED:  That the minutes of the meeting held on 13 December 2007 be taken as read and signed as a correct record.

344.

Arrangement of Agenda

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

Minutes:

The Chairman stated that he intended to re-order the agenda and take item 11 – Amalgamation of First and Middle Schools – early to allow the majority of members of the public present for that item to leave the meeting early if they so wished.  He added that public questions which did not relate to West Lodge First and West Lodge Middle schools, namely public questions 3, 4 and 13 would be taken first under item 5 – Public Questions.  A time limit of 15 minutes would be allowed in this instance.  Thereafter, item 11 would be discussed, at the end of which all questions relating to the West Lodge First and West Lodge Middle Schools would be answered provided these had not been answered, during the discussion on the item.  A further 15 minutes would be allowed for these questions.  All public questioners would be given an opportunity to ask a supplemental question.

 

For reasons of clarity the minutes of this meeting are recorded in the order set out on the agenda.

 

RESOLVED:  That all items be considered with the press and public present.

345.

Petitions

To receive any petitions submitted by members of the public or Councillors.

Minutes:

1.                   A local resident, Ms Lyn Cook, presented a petition containing 301 signatures on behalf of the parents of pupils studying at West Lodge First and West Lodge Middle Schools.  The petition had been signed by the parents at the school gates. The terms of the petition were as follows:-

 

 

“We are FOR the amalgamation of West Lodge First and Middle Schools.

 

If the governing body vote against amalgamation we request the following:-

 

·                     The evidence to be presented to us.

·                     The governors to be held accountable in an open meeting.”

 

 

RESOLVED:  That the petition be received and referred to the Portfolio Holder for Schools and Children’s Development for consideration.

 

(See also Minutes 346 and 352).

 

2.             Councillor Sasikala Suresh presented a petition signed by 1,178 residents and businesses in Marlborough and Headstone South Wards.  The terms of the petition were as follows.

 

 

“Owing to the lack of parking facilities for local shops located in Headstone Drive, Harrow View and Headstone Gardens, we, as owners of retail businesses, propose that the Council of London Borough of Harrow provide lay?bys on the large paving area in front of the shops with a pay and display scheme to allow customers to park and shop.  This scheme has been successfully implemented in local shopping areas of:-

 

A.                  North Harrow

B.                  Rayners Lane

C.                  Pinner

D.                  South Harrow.

 

By signing the petition you are helping in the revival of local shopping, at your convenience.”

 

 

RESOLVED:  That the petition be received and referred to the Portfolio Holder for Environment.

 

3.            Councillor Chris Mote presented a petition signed by 208 people to keep Byron Skate Park.  The petition included a summary and background. The terms of the petition were as follows:-

 

 

“We, the undersigned, are concerned citizens who urge our leaders to act now to save the Byron skate park from demolition”.

 

 

RESOLVED:  That the petition be received and submitted to the Portfolio Holder for Community and Cultural Services for consideration.

346.

Public Questions

To receive any public questions received in accordance with paragraph 16 of the Executive Procedure Rules.

 

Questions will be asked in the order notice of them was received and there will be a time limit of 15 minutes.

Minutes:

 

RESOLVED:  To note that (1) the following public questions had been received;

 

(2)  all public questions, except questions 3, 4 and 13, were answered by way of a statement made by the Portfolio Holder for Schools and Children’s Development during the discussion on West Lodge First and West Lodge Middle schools (Minute 352 refers);

 

(3)  questioners 1, 2, 3, 5, 8, 11, 12 and 13 asked supplemental questions, which were duly answered.

 

1.

 

Questioner:

 

FiazPremji

 

Asked of:

 

Councillor Chris Mote, Leader and Portfolio Holder for Strategic Overview, HSP, External Affairs and Property

 

Question:

What (please quantify) financial, people and other resources would be made available by the Borough to support the amalgamation if it was to proceed?

 

Answer:

See statement made at Minute 352.

 

Supplemental Question:

 

One of the concerns that was a factor in some people not wanting to support the amalgamation was a fear that the combined budgets of the amalgamated school would be less than the sum of the individual budgets of the existing schools.  Could somebody clarify that this is not an exercise to try and reduce the budget of the users?

 

Answer:

 

I believe the figures were laid out very clearly in the feasibility study in terms of what the differential would be, but the feasibility study by the steering group actually points out that the net gain in terms of the budget is quite small, because the only saving is in fact the salary of the school and there is a slight reduction in the standard payment for the two schools but one outweighs the other and it is a net gain for the school, but it is not a big amount either way.

 

Could I just add to that this is in no way a cost saving proposal.

 

2.

 

Questioner:

 

Michael Senior

 

Asked of:

 

Councillor Chris Mote, Leader and Portfolio Holder for Strategic Overview, HSP, External Affairs and Property

 

Question:

In written information provided to parents of West Lodge Middle School, the Middle School Governors have presented misleading information.

 

Three examples of this are:

 

1.         In a letter from Middle School Governors to Parents dated 14 December 2007, the Middle School Governing Body stated that Harrow Local Authority wish to amalgamate schools to create 'economies of scale' and that this message has been given by the LA on ‘frequent’ occasions.  They provide no evidence or source for the ‘frequent’ messages from the LA who, the Middle School clearly believe, have few educational reasons and are governed by cost cutting measures.

 

2.         In the same letter, Governors stated that one reason not to amalgamate is because two heads in Harrow, that were in charge of schools that had amalgamated, resigned within a year.  Both heads referred to have complained formally about being used as evidence because both had personal reasons for moving on from their posts which had nothing to do with amalgamation.

 

3.         Middle School Governors put in writing in their letter on 14 December that the LA are attempting  ...  view the full minutes text for item 346.

347.

Councillor Question Time

Fifteen minutes will be allowed for Members of the Council to ask a Portfolio Holder a question on any matter in relation to which the Executive has powers or duties.

Minutes:

 

RESOLVED:  To note the following Councillor Questions had been received:

 

1.

 

Questioner:

 

CouncillorNavin Shah

Asked of:

 

Councillor David Ashton, Deputy Leader and Portfolio Holder for Finance & Portfolio Co-ordination

 

Question:

Could Councillor Ashton give the costs incurred up to present time of defending the FACS judicial review case breaking it down as follows:

 

(i)                   Cost of outside legal advice such as senior counsel, junior counsel, solicitors etc.

 

(ii)                 The costs awarded by the Court to be paid to the ‘other side’

 

(iii)                An estimate of the cost of the internal staff time.

 

Answer:

(i)                   Outside legal costs:

 

Junior counsel - £24k

Senior counsel - £56k

(These costs include work until the hearing on 21/11/07.  Final invoice is awaited for subsequent work)

 

(ii)                 We have yet to be advised of the value of the costs we have to pay the claimants.  All we know is that it will be 20% of their costs because the Court found for us in 4 out of 5 points.

 

(iii)                There are no extra internal costs over and above the time that staff spent on the case as part of the their ordinary work.

 

Supplemental Question:

 

Would you agree with me that the costs just given amounting to £80K plus another sum yet to come, plus the £184k of legal costs for the aborted planning appeal for the Honeypot Lane site amount to £264k and this is equivalent to 0.228%of the Council Tax?

 

Answer:

Can I say on the supplemental it can only be related to the question therefore the part of the Honeypot Lane will not be considered in that part.  You’re asking for a mathematical confirmation that those figures relate by X to the Council Tax, clearly the case.  It is an irrelevant point.  The Council has to go through an appropriate process when forced to do so via the lousy funding we’ve received for many years, including under your administration, and in that circumstance it’s appropriate and responsive to any administration, ours in particular, to look at ways that we have to factor all aspects of activity and services into our budget, and that includes looking at things which are obviously very sensitive and the subject to potential judicial review. Some cases go for you; some cases go against you.  So there can be no inference whatsoever as to the cost incurred. None whatsoever.

 

2.

 

Questioner:

 

Councillor Margaret Davine

Asked of:

 

Councillor David Ashton, Deputy Leader and Portfolio Holder for Finance & Portfolio Coordination

 

Question:

With no ifs or buts the Council has been found to have acted unlawfully in its attempt to provide only for the social care needs of those who are deemed to be ‘critical’ and not for those deemed ‘substantial’.  Will Councillor Ashton admit that the Council has made a serious mistake and apologise, in particular, to all those vulnerable and elderly people affected by this as well as and also to all local residents for enormous sums of money wasted on legal costs incurred in trying to  ...  view the full minutes text for item 347.

348.

Forward Plan 1 January 2008 - 30 April 2008 pdf icon PDF 36 KB

Minutes:

RESOLVED:  To note the contents of the Forward Plan for the period 1 January 2008 – 30 April 2008.

349.

Scrutiny Review of Partnership with Accord MP pdf icon PDF 62 KB

Report of the Corporate Director of Community and Environment

Minutes:

Cabinet considered a report of the Corporate Director of Community and Environment Services, responding to the findings and recommendations of the Scrutiny Review Group that had investigated the first year’s operation of the Accord MP Partnership with the Council to deliver the Borough’s public realm infrastructure needs.

 

The Chairman of the Scrutiny Review Group thanked Cabinet for allowing this matter to be considered prior to its consideration by the Overview and Scrutiny Committee. This course of action would help avoid delay in implementing the recommendations of the Review Group.  He was pleased to report that the recent reconfiguration of scrutiny and the new ways of working had allowed scrutiny to reap considerable benefits and help produce meaningful outcomes.  Reconfiguration had allowed scrutiny to focus resources in a more effective way than before.

 

Cabinet was briefed on the report of the Scrutiny Review Group titled ’A Review of the Council’s Partnership with Accord MP’ and the process it had undertaken.  The Chairman of the Review Group welcomed the genuine Partnership with Accord MP.  He stated that he was supportive of the Chief Executive’s drive for cultural change in the Council and outlined a number of lessons to be learnt from the Partnership that would help achieve the change.  He was firmly of the view that the Partnership had helped to release resources that could be used to process other priorities that had previously been set aside because of lack of resources. Alternatively, a reduction in the headcount might be possible. The Partnership had introduced economies of scale, which had allowed officers to concentrate on strategic and statutory areas.

 

Members’ attention was drawn to the recommendations set out in the report of the Review Group.  Its Chairman highlighted the key points from these recommendations, and thanked officers, Members who had participated in the Review, the Portfolio Holder for Environment and representatives from Accord MP for their work.  He urged Cabinet to endorse the recommendations of the Review Group.

 

The Portfolio Holder for Environment welcomed this Review.  She stated that scrutiny reviews were helpful and of immense value.  She was proud of her Directorate and the Partnership, which had initially gone through a ‘sticky patch’.  She recommended the adoption of the report of the Scrutiny Review Group.

 

An officer informed Cabinet that such partnerships required a lot of work and significant cultural changes from all parties involved. They also took time to realise their full potential.  He added that significant improvements in the Partnership with Accord MP had been made in the last six months.

 

The Leader of the Council welcomed the report, which was constructive, and the work done by scrutiny acting as a ‘critical’ friend.

 

RESOLVED:  That (1) the findings of the review be noted;

 

(2)  the recommendations be endorsed, and their implementation monitored by scrutiny.

 

Reason for Decision:  To contribute towards the strengthening and development of the Council’s partnership with Accord MP.

KEY

350.

Key Decision - Council Tax Base 2008-09 and Collection Fund pdf icon PDF 65 KB

Report of the Corporate Director of Finance

Additional documents:

Minutes:

The Corporate Director of Finance introduced the report, which set out the calculation of the Council Tax Base for 2008-09 and the estimated financial position on the Collection Fund as at 31 March 2008. The Corporate Director advised Cabinet of the legal requirement for the Authority to calculate formally its Council Tax Taxbase for 2008-2009.  She outlined key aspects of the report, including an explanation of the deficit, details of which were set out in the report.

 

The Portfolio Holder for Finance and Business Matters indicated that Harrow had one of the highest Council Tax collection rates in London.  He took this opportunity to thank residents for their immediacy on this matter.

 

RESOLVED:  That (1) the Band D equivalent number of taxable properties be calculated as shown in accordance with the Government regulations;

 

(2)  the provision for uncollectable amounts of Council Tax for 2008-2009 be agreed at 1.5% producing an expected collection rate of 98.5%;

 

(3)  subject to (1) and (2) above, a Council Tax Base for 2008-2009 of 85,466.5 Band D equivalent properties (being 86,768 x 98.5%), be agreed, allowing for payment in lieu of Ministry of Defence properties;

 

(4)  an estimated deficit of £1,735,592 on the Collection Fund as at 31 March 2008, of which £1,365,043 was the Harrow share, be noted;

 

(5)  an amount of £1,365,043 be transferred from the General Fund in 2008?2009;

 

(6)  revised bad debt percentage rates be agreed.

 

Reason for Decision:  To fulfil the Council’s statutory obligation to set the Council Tax Base for 2008?2009 and make an estimate of the surplus or deficit on the Collection Fund by 15 January 2008.

351.

Strategic Performance Report - Quarter 2, 2007/08 pdf icon PDF 35 KB

Report of the Corporate Director of Strategy and Business Support

Additional documents:

Minutes:

Cabinet considered a report of the Corporate Director of Strategy and Business Support, which summarised Council and service performance against key measures and drew attention to areas requiring action.

 

The Portfolio Holder for Strategy and Business Support introduced the report and briefed Cabinet on the key aspects of the report, as set out in Appendix 1 to the report.  The Portfolio Holder was pleased to report that the Council had made considerable progress in Quarter 2, and acknowledged the number of challenges it faced.  In addition, the Corporate Plan, which would be submitted to February 2008 Cabinet meeting, would now form part of the budget process; a step change that would help to ensure that the budget process was robust.  He welcomed the improved communication, and the positive local and national coverage Harrow was receiving, including the production of a further edition of Harrow People, which would be distributed to residents soon.  The step change towards improved communication methods would help put Harrow on the map.

 

The Portfolio Holder singled out the Council’s Benefits Service and the excellent work done by staff of which he was immensely proud.  The Performance Indicators (PIs) of the Service were in the top quartile.  He stated that the preliminary report of the preliminary report of the IDeA Peer Review Group had acknowledged that the Council was moving in the right direction and was making good progress.

 

Individual Portfolio Holders commended the work done in their Directorates and highlighted areas where performance needed improving.  Of particular note were:-

 

·                     improvements to Access Harrow, some of which had been made from existing resources. Growth would help improve other areas of Access Harrow and a further report would be submitted to the February 2008 Cabinet meeting on this matter together with realistic targets;

 

·                     excellent status achieved by Harrow in dealing with major planning applications within 13 weeks. The Portfolio Holder for Planning, Development and Enterprise congratulated officers for the achievements made;

 

·                     excellent status in reducing the number of residential burglaries where the victim was over 75 years of age;

 

·                     carers’ service users where performance had improved from poor to excellent status.  The Portfolio Holder for Adult Services congratulated staff for their hard work;

 

·                     continued strong performance in relation to the Health of Children Looked After;

 

·                     the need to improve on the percentage of invoices paid on time and the use of the SAP system;

 

·                     getting Harrow on the map.  Cabinet was informed of the forthcoming debate in the House of Commons where Richmond and Harrow Councils had joined forces to debate on the settlements received by local authorities.  The Portfolio Holder for Finance and Portfolio Co-ordination thanked the Corporate Director of Finance and the Communications Team for promoting Harrow.  The Leader of the Council referred to the lobbying that the carers’ groups also intended to do in relation to grants given by the government.

 

The Portfolio Holders for Housing and Community and Cultural Services outlined the issues in their areas and the measures that had been put in  ...  view the full minutes text for item 351.

352.

Amalgamation of First and Middle Schools pdf icon PDF 50 KB

Report of the Director of Schools and Children’s Development

Additional documents:

Minutes:

Prior to the consideration of the report, the Leader of the Council/Chairman clarified that Cabinet was not being asked to take a decision on the amalgamation of the schools, as had been incorrectly reported in the local press.  He referred to the communications received from parents, teachers and governors of the schools, particularly in relation to West Lodge First and West Lodge Middle schools, details of which had been made available to all Members of Cabinet. Additionally, a letter from the West Lodge Middle School Governing Body, sent to all Members of Cabinet by the Chair of Governors, had also been circulated at the meeting to Members of Cabinet.

 

The Director of Schools and Children’s Development introduced the report, which outlined the processes undertaken by the Governing Bodies of West Lodge First and West Lodge Middle Schools and Belmont First and Belmont Middle Schools’ Governing Bodies to investigate and consult with parents on amalgamation and the outcome of the Governing Bodies’ decisions.  She drew attention to the recommendations set out in the report and outlined the reasons for making those recommendations to Cabinet.

 

The Portfolio Holder for Schools and Children’s Development stated that the education and the welfare of the children in the schools referred to in the report was of paramount importance.  She was confident that all those present at the meeting would agree with her, and that, in taking the decision, this point should be at the forefront of everyone’s mind.

 

The Portfolio Holder added that Members were aware of the dissatisfaction and the differing views in relation to West Lodge First and Middle Schools.  The number of letters received in relation to these schools was unprecedented.  She took this opportunity to respond to public questions by way of a summary response rather than respond to individual questions because of the similarity in the questions and to avoid delay in dealing with the questions individually.  She stressed that everyone’s concerns ought to be taken seriously.

 

The following summary response was read out by the Portfolio Holder for Schools and Children’s Development in relation to the public questions received:-

 

1.                   “A number of issues have been raised through questions and I propose to respond to these collectively.

 

 

The Local Authority is the authority vested in this Cabinet and in this Council and the Local Authority has been asked what support it would provide for the amalgamation process.  If the amalgamation were to proceed the Local Authority and the schools would establish a working group that would address key issues to move from two separate schools to a combined school.  These areas include:-

 

·                     School Finance - establishing a single school budget.

 

·                     School Workforce - developing a staffing structure based on the needs of the combined school and a process to make appointments in good time and this is the whole workforce, not just teaching staff.

 

·                     Teaching and Learning – they would identify and address school management issues including curriculum and pastoral needs of pupils.

 

·                     Site Issues – the  ...  view the full minutes text for item 352.

KEY

353.

Key Decision - London Councils - London Borough Grants Scheme 2008-09 pdf icon PDF 39 KB

Report of the Director of Community and Cultural Services

Minutes:

The Portfolio Holder for Community and Cultural Services introduced the report, which set out the proposals received from the London Councils’ Grants Committee for expenditure in 2008?09.  The Portfolio Holder briefed Cabinet on the key aspects of the report.  She questioned the gain for Harrow and the way in which the grants were distributed.  She considered the system to be unfair.

 

In response, the Leader of the Council undertook to raise these concerns at the Leaders’ Committee.

 

RESOLVED:  That (1) the above be noted and it be also noted that Harrow’s contribution for 2008?09 would be £752,708;

 

Reason for Decision:  To note/approve the recommended budget for 2008-09.