Agenda and minutes

Cabinet - Thursday 15 May 2008 7.30 pm

Venue: Committee Rooms 1 & 2 Harrow Civic Centre

Contact: Alison Atherton, Senior Professional Democratic Services (Corporate)  Tel: 020 8424 1266 Email: alison.atherton@harrow.gov.uk

Items
No. Item

PART I - RECOMMENDATIONS

RECOMMENDATION I - Key Decision - Harrow Core Strategy Preferred Options - Draft for Public Consultation

Minutes:

The Portfolio Holder for Planning, Development and Enterprise introduced the report which provided options for how growth would be managed in Harrow up to 2025 in the draft Harrow Core Strategy Preferred Options.  She advised that this work was a completely different process to that of the Unitary Development Plan as it was more of a vision statement for the Borough.

 

The Portfolio Holder advised Cabinet that Harrow’s preferred options for consultation required Council approval.  Following that approval, there would be a six week consultation period prior to inspection by the Secretary of State.

 

The Portfolio Holder outlined option A, Harrow Central Growth Corridor, and option B, Public Transport Growth Focus.  She advised that either option was acceptable, as it would mean that Members would be able to justify their refusal of planning applications contrary to the Local Development Framework.

 

Resolved to RECOMMEND:  (to Council)

 

That the draft Harrow Core Strategy Preferred Options be approved for the purposes of consultation.

 

Reason for Recommendation:  To comply with the legal requirements for making such a document and to meet the agreed timescales with the Government Office for London for the development of the Council’s Local Development Framework (LDF) documents.  

PART II - MINUTES

403.

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 Cabinet; and

(b)               all other Members present.

Minutes:

 

RESOLVED:  To note that the following interests were declared:

 

Agenda Item

 

Member

Nature of Interest

10.     Adults and Housing Transformation Programme

Councillor Margaret Davine

The Member, who was not a member of Cabinet, declared a personal interest in that she had a relative who used Adult Services in the Borough.  The Member remained in the room whilst the matter was considered and voted upon.

 

 

Councillor Tony Ferrari

 

The Member declared a personal interest in that he had a relative in sheltered accommodation in the Borough.  The Member remained in the room whilst the matter was considered and voted upon.

 

 

Councillor Yogesh Teli

The Member, who was not a member of Cabinet, declared a personal interest in that he had a relative who used Adult Services in the Borough.  The Member remained in the room whilst the matter was considered and voted upon.

 

15.     Harrow Biodiversity Action Plan

Councillor Tony Ferrari

The Member declared a personal interest in that he was Chairman of the Harrow Weald Common Conservators.  This was a Council appointment and the Member remained in the room whilst the matter was considered and voted upon.

 

16.     Association of London Government TEC 101 Agreement Variation

Councillor Barry Macleod?Cullinane

The Member declared a personal interest in that he was an employee of London Councils.  The Member, during the course of the meeting, decided that as the report was concerned with variations to the Freedom Pass, he would remain in the room whilst the matter was considered and voted upon. 

 

404.

Minutes pdf icon PDF 33 KB

Of the Cabinet meeting held on 10 April 2008 to be taken as read and signed as a correct record.

Minutes:

 

RESOLVED:  That the minutes of the meeting held on 10 April 2008, be taken as read and signed as a correct record.

405.

Arrangement of Agenda

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

Minutes:

 

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

406.

Petitions

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

Minutes:

 

A representative of the Sangat BMER Carers Project presented a petition containing 42 signatures.  He read the terms of the petition to the meeting, which were as follows:-

 

 

“Re:  Sangat BMER Carers Project

 

We, the undersigned carers, totally disagree with Harrow Council’s decision to close down BMER Carers Project.

 

As many of us have insufficient English, the project has been a lifeline for us and having fully participated in the Project, have felt very secure and welcome.

 

We urge the Leadership, for fairness and justice, to allow this project to continue instead of closing it down.”

 

In response, the Leader of the Council gave an undertaking to respond, in consultation with the Portfolio Holder for Adults and Housing, directly to the petitioner.

 

RESOLVED:  That the petition be received and noted.

 

407.

Public Questions pdf icon PDF 42 KB

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 be a time limit of 15 minutes.

Minutes:

 

RESOLVED:  To note that the following public questions had been received:

 

1.

 

Questioner:

 

Yvonne Lee

Asked of:

 

Councillor Barry Macleod Cullinane, Portfolio Holder for Adults and Housing.

 

Question:

As an organisation, Harrow Mencap welcome and fully support the principles of the total transformation plan. However will the benefits of control and choice that Self Directed support be available to people with Learning Disabilities who are currently in residential care within the three years of the programme?

 

Answer:

Yes is the short answer. 

 

People with learning disabilities who are currently living in residential care are already included in the pilot phase of the project and as the pilot phase extends, this group of individuals will continue to be fully included and encouraged to take up the opportunities that a self-directed model of care could offer. 

 

In addition, as an integral part of the Self Directed Support project we will be working with provider organisations to develop the market in order to offer more choice to individuals which is likely to include different models of accommodation based provision such as shared ownership.

 

Supplemental Question:

Given the past and current contractual situation, will the Council be renegotiating the contract?

 

Supplemental Answer:

We will endeavour to provide you with a written response but it is too early to say.

 

2.

 

Questioner:

 

John Feldman

Asked of:

 

Councillor David Ashton, Leader of the Council and Portfolio Holder for Strategy, Partnership and Finance.

 

Question:

The Cabinet is to consider the report from Corporate Director, Community and Environment, regarding the development of Cedars Hall, which recommends disposal for residential development if a Community Hall is not viable.

 

Why are you considering such a disposal despite fundamental flaws:

 

§                     The land forms part of the Cedars Open Space, and the Council is committed to maintaining such spaces.

 

§                     Residential building will be contrary to your UDP, and

 

§                     A covenant on the land preventing residential building will need to be broken by the Council?

 

Answer:

The Cedars Hall site does not form part of the “Cedars Open Space”, as shown on the Harrow UDP Proposals Map.  It is located adjacent to land designated as Green Belt, which runs along the western and southern boundary of the site. Cedars Hall has no specific land use designation

 

The Council is committed to provide all new homes on previously developed land and as a brown field site, the redevelopment of Cedars Hall for residential use is acceptable in principle

 

Harrow Council is the successor of London County Council who is the beneficiary of the Covenant.  As such Harrow Council can consent to alternative uses of the site.  Any statutory trust arising under the Open Spaces Act 1906 has been discharged through compliance with the advertisement procedure set out in Section 123 (2A) of the Local Government Act 1972.

 

Necessary advertisements were published in December 2006.

 

Supplementary Question:

Could the Leader confirm the status of the land that Cedars Hall is built on?

 

Supplemental Answer:

As far as I am  ...  view the full minutes text for item 407.

408.

Councillor Questions pdf icon PDF 17 KB

To receive any Councillor questions received in accordance with paragraph 17 of the Executive Procedure Rules.

 

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

Minutes:

 

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

 

1.

 

Questioner:

 

Councillor Margaret Davine

Asked of:

 

Councillor Barry Macleod Cullinane, Portfolio Holder for Adults and Housing

 

Question:

The Adult and Housing Transformation Programme being considered at the Cabinet tonight lists one of the Adult Social Care performance targets at 2.12.1 – ‘increase all service users with PCPs by 50% by March 2010’.  Would the portfolio holder please tell us both the total number of service users and how many service users currently have person-centred plans?

 

Answer:

Thank you for not being too brutal tonight on me.  The total number of services users is approximately 4000 persons and that’s spread across all client groups and all ages.

 

Currently person-centred planning is only being implemented within learning disability services as per the Valuing People Policy, although we do adopt person-centred approaches in other client groups such as the Care Programme Approach in Mental Health Services.

 

The total number of learning disability service users currently stands at 389, which is broken down into 226 community-based, 156 private residential, seven in nursing care. And the source of that is the RAP P1 Form 2007/08.  And the number of those with person-centred Plans is approximately 70, representing 18% in total. 

 

 

Supplemental Question:

Do you not think, in the light of the large number of all users and the small number of currently person-centred plans held by them, the target of 50% for them over three years is quite small, if we’re really going to implement this transformation plan and turn the service around.  I notice for learning disabilities you have got 100%, but that would probably take you further than that anyway.  So I just really wanted you to acknowledge that’s quite a small amount – 50% of 70, and hope you would like to have a more stretching target.

 

Supplemental Answer:

I think it represents a real step-change from where we are at the moment, a real improvement going forward.  In terms of looking at the individuals with learning disabilities having person-centred planning, that’s really important to pick up on, because everybody has very different needs and clearly learning disabilities, that’s very much more apparent and marked and we have to respond in that way.  In terms of actually increasing the larger number which are in terms of going up towards about a 50% target and hopefully beyond, we are not trying to push people into this and we want to get people to actually choose to take this as a real option, to improve and make sure that the services being offered are the correct and appropriate services for them and making sure that they’re helped to make that transition.  So it needs a target that we think is achievable, but it’s one that we’re not simply going to push onto people without thinking is it appropriate for the people involved in the person-centred planning process.

 

 

409.

Forward Plan 1 May - 31 August 2008 pdf icon PDF 47 KB

Minutes:

 

RESOLVED:  To note the contents of the Forward Plan for the period 1 May – 31 August 2008.

410.

Reports from the Overview and Scrutiny Committee or Sub-Committees

(if any). 

Minutes:

 

RESOLVED:  To note that there were no reports from the Overview and Scrutiny Committee or Sub-Committees.

411.

Inspection by CSCI - Independence, Wellbeing and Choice

Presentation by CSCI

Minutes:

The Leader of the Council welcomed Jean Hanson and Sue Bestjan from the Commission of Social Care Inspection (CSCI), John Ota from Harrow Primary Care Trust (PCT) and colleagues from the voluntary sector to the meeting.  He advised that he would be inviting Councillor Eric Silver, the former Portfolio Holder, to comment on the presentation from CSCI and the Adults and Housing Transformation programme which appeared elsewhere on the agenda.

 

Jean Hanson, the Lead Inspector, presented CSCI’s findings from their inspection carried out in January 2008.  She drew attention to the easy to access version of the inspector’s findings which had been made available at the meeting.

 

Jean Hanson outlined the strengths of the service and the areas for development.  She reported the judgements of the inspectors as follows:-

 

·                     safeguarding of vulnerable adults was adequate;

 

·                     delivery of personalised services for people with learning disabilities was poor;

 

·                     Leadership, commissioning and capacity to further improve was uncertain.

 

Jean Hanson advised that CSCI’s recommendations to address these judgements were set out as pages 5 and 6 of the report and that Sue Bestjan would be monitoring the action plan.

 

The Corporate Director of Adults and Housing, in thanking the inspectors, stated that the inspection was a good health check for the department and that he was particularly pleased at the findings in relation to safeguarding in that it had a good grounding.

 

Portfolio Holders made comments on the inspector’s findings as follows:-

 

·                     the Council was committed to improving life for adults;

 

·                     the importance of keeping vulnerable people safe;

 

·                     there was concern in relation to the transition of vulnerable children reaching adulthood and being lost in the system between service areas;

 

·                     the relationship between the Council and the PCT was improving.

 

In response to the comments made by Members, Jean Hanson advised that:-

 

·                     services beyond Adult Services that required focus included areas such as Leisure Services and Transport;

 

·                     at the time of the inspection it had been felt that governance had been weak and she was unclear whether this issue had been addressed.  This was an area that could be considered by scrutiny;

 

·                     she would forward any examples of good practice to the Corporate Director;

 

·                     the action plan addressed CSCI’s recommendations;

 

·                     had the review been done a few months later, safeguarding of vulnerable adults might have been assessed as good.  

 

John Ota welcomed the inspector’s report and emphasised that the PCT were keen to look at all options to improve services.

 

Cabinet thanked the inspectors and accepted the recommendations.

412.

Key Decision - Adults and Housing Transformation Programme pdf icon PDF 110 KB

Report of the Interim Corporate Director of Adults and Housing

Additional documents:

Minutes:

Councillor Eric Silver, former Portfolio Holder for Adult Services, introduced the report which presented the Adult and Housing Services 3-year Transformation Programme Plan (TPP).  This was a comprehensive strategy to renew, realign and enhance services to ensure that they met the future needs and aspirations of the people of Harrow.

 

Cabinet viewed a film on Adult Services in Harrow.

 

The Corporate Director of Adults and Housing detailed the key headlines of the programme including the concept of self directed support and the balance between choice and safety.

 

The Portfolio Holder for Adults and Housing commended the programme to Cabinet. 

 

RESOLVED:  That (1) the Adults and Housing Transformation programme be endorsed;

 

(2)  authority be delegated to the Corporate Director of Adults and Housing, to initiate the implementation of the TPP.   

 

·                     Reason for Decision:  The TPP set out the framework which will enable Harrow’s Adult and Housing Directorate to achieve a radical improvement in its national performance assessment rating and meet its aspiration to be assessed as providing an excellent service.

 

(See also Minute 403).

413.

Establishment of Committees, Advisory Panels and Consultative Forums

Additional documents:

Minutes:

The Leader of the Council reported that the nominations for Chairman and membership of Cabinet’s Committees, Advisory Panels and Consultative Forums were before Members for consideration and approval. He advised that, in accordance with Education (Admission Forum) (England) Regulations 2002, Regulation 7, the appointment of Chairman and Vice?Chairman of the Harrow Admissions Forum was a decision for that body.

 

RESOLVED:  That appointments for the Municipal Year 2008/09 detailed in Appendix 1 to these minutes be approved.

414.

Timetable for the preparation and consideration of Statutory Plans and Strategies 2008/09 pdf icon PDF 77 KB

Report of the Director of Legal and Governance Services

Additional documents:

Minutes:

The Leader of the Council introduced the report, which set out the requirements of the Council’s Constitution in terms of the development of the policy framework and sought approval to the timetable for statutory plans and strategies.

 

RESOLVED:  That the timetable for the preparation and consideration of the statutory plans and strategies for 2008/09 set out at Appendix 2 to these minutes be approved.

 

Reason for Decision:  To comply with the requirements of paragraph 3 of the Budget and Policy Framework Procedure Rules set out in Section 4C of the Council’s Constitution.

415.

Annual Audit and Inspection Plan 2008-09 pdf icon PDF 35 KB

Report of the Corporate Director of Finance

Additional documents:

Minutes:

The Corporate Director of Finance introduced the report which provided Cabinet with an opportunity to comment on the Annual Audit and Inspection Plan.  She drew Cabinet’s attention to the increase in the Audit Commission fee  of £38,000 (7%) to £608,000.

 

RESOLVED:  That the Annual Audit and Inspection Plan be noted.

 

Reason for Decision:  To ensure that Cabinet is aware of the planned audit and inspection activity for 2008-09.

416.

Key Decision - Harrow Core Strategy 'Preferred Options' Draft for Public Consultation pdf icon PDF 94 KB

Report of the Corporate Director of Community and Environment

Additional documents:

Minutes:

(See Recommendation I).

417.

Key Decision - Harrow Biodiversity Action Plan pdf icon PDF 52 KB

Report of the Corporate Director of Community and Environment

Additional documents:

Minutes:

The Portfolio Holder for Planning, Development and Enterprise introduced the Harrow Biodiversity Action Plan (BAP) which was to be implemented over the next 5 years, via the delivery of action plans specific to habitats and species of importance within Harrow, plus a generic action plan covering wider issues. 

 

The Corporate Director of Community and Environment reported that there were no financial implications arising from the Plan and that the Plan was a critical component of the Corporate Assessment rating.  The action plan had been developed with a broad range of organisations.  Harrow’s BAP was the Borough’s contribution to the nationwide BAP.

 

RESOLVED:  Thatthe Harrow BAP be adopted.

 

Reasons for Decision:  (1)  To enable the Harrow BAP to be formally implenmented;

 

(2)  To enable the Harrow BAP to be formally recognised within the planning process, and to have greater weight when the BAP is used as a material consideration in determining planning applications;

 

(3)  To enable the Harrow BAP to formally influence the development of the Harrow Local Development Framework.

 

(See also Minute 403).

418.

Association of London Government (ALG) TEC 101 Agreement Variation

Report of the Corporate Director of Community and Environment

Additional documents:

Minutes:

The Corporate Director of Community and Environment introduced the report which sought to delegate further functions to the Association of London Government Transport and Environment Committee and to confirm that certain functions already undertaken by the Committee were delegated to it.  He highlighted the reasons for the variation to the Agreement as detailed in his report.

 

RESOLVED:  That the further variation of the Association of London Government Transport and Environment Committee Governing Agreement be approved.

 

Reason for Decision: The Council will join the other 32 London local authorities in empowering the Committee to discharge certain functions on behalf of those signatory authorities.

 

(See also Minute 403).

 

419.

Key Decision - Efficiency Reviews pdf icon PDF 172 KB

Report of the Interim Divisional Director of Strategy and Improvement

Minutes:

The Portfolio Holder for Performance, Communication and Corporate Services introduced the report which provided the overarching context for the next round of efficiency reviews, a progress update on service reviews carried out in 2007/08 and presented lessons learnt and proposals for a refreshed programme of efficiency reviews for 2008?2011.  The Reviews were required to address future funding gaps.

 

RESOLVED:  That (1) the overarching context be noted;

 

(2)  the findings of service reviews for 2007/08 be noted;

 

(3)  the proposals for a new programme of efficiency reviews 2008?2011 be agreed;

 

(4)  finalisation of the programme of review activity beyond the first 2 reviews be delegated to the Chief Executive/Deputy Chief Executive and Portfolio Holder Performance, Communications and Corporate Services.

 

Reasons for Decision:  (1)  To progress the delivery of efficiency savings and improvement through a strategic programme of reviews across the Council;

 

(2)  to address the future funding gaps of £5.4m for 2009/10 and £6.9m for 2010/11.

420.

Key Decision - Local Involvement Networks pdf icon PDF 82 KB

Report of the Interim Divisional Director of Strategy and Improvement

Additional documents:

Minutes:

The Deputy Chief Executive introduced the report which outlined the local arrangements proposed for providing LINks.

 

The Local Government and Public Involvement in Health Act had become law in October 2007 and requires the establishment of a Local Involvement Network (LINk) in each local area, including one in Harrow.

 

The Leader of the Council requested that a briefing note be circulated to all Members of the Council to explain LINks and the relationship to the Adults and Housing Transformation Programme.

 

RESOLVED:  That (1) the proposals for LINks nationally be noted;

 

(2)  the local progress made to set up LINks in Harrow be noted;

 

(3)  a contract be awarded for a three year period to commence on 2 June 2008 at a cost within the funding for LINks provided by the Department of Health.  To authorise the Deputy Chief Executive to award the contract;

 

(4)  10% of the Department of Health Grant be retained to fund the additional Council responsibilities associated with LINks.

 

Reason for Decision:  To ensure the Council meets its duty to tender for a contract with a ‘host organisation’ which will be commissioned to set up and support the LINk.

APPENDIX 1 - Cabinet Panels Memberships 2008/09 pdf icon PDF 41 KB

APPENDIX 2 - Statutory Plan 2008-09 pdf icon PDF 36 KB