Agenda and minutes

Cabinet received a report of the Director of Legal and Governance Services, which set out the result of the consultation undertaken in relation to the Council’s proposal to adopt new Executive arrangements in accordance with the Local Government and Public Involvement in Health Act 2007.

Resolved to RECOMMEND:  (to Council)

That (1) a Leader and Cabinet Executive model be adopted;

(2)  provision be made for the removal of the Leader during their term of office;

(3)  appropriate public notices be given and changes to the Council’s Constitution be made to reflect the changes.

Reason for Recommendation:  To ensure that the Council complies with its statutory obligation.

The Leader of the Council referred to the cross-party stance taken against the demonstration outside Harrow Central Mosque and was proud of the collective support shown for the Mosque.  He was confident that very few residents of Harrow had participated in the demonstration, and that Harrow had a proud record of community harmony.  The Leader of the Labour Group agreed with these sentiments.

The Leader of the Council welcomed Councillor Jean Lammiman to her first Cabinet meeting as Portfolio Holder for Community and Cultural Services.

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.

RESOLVED:  To note that the following interests were declared:

Of the Cabinet meeting held on 16 July 2009 to be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 16 July 2009, be taken as read and signed as a correct record.

To receive (a) a petition from Friends of the Earth on Climate Change;

(b) any other petitions submitted by members of the public or Councillors.

A representative from Harrow Friends of the Earth submitted a petition containing 86 signatures from residents of Harrow urging the Council to get serious about CO2.  He read out the terms of the petition to the meeting, which were as follows:-

“We need a serious commitment from our local Council.  Councils have a big say in how we heat and power our homes and how we get around.  So, we need you to take steps that will lead to meaningful cuts in carbon emissions.  Councils should:

·                     commit to carbon emission cuts in our local area of at least 40% by 2020 – and produce an action plan detailing how it is going to happen;

·                     back our campaign for more money and less hassle for Councils to do things like improve public transport, insulate more homes and install green energy;

·                     support a call for a new duty on Councils that fail to act on climate change”.

RESOLVED:  That the petition be received and considered with the report on the Climate Change Strategy which was also on this meeting’s agenda, and it also be referred to the Portfolio Holder for Environment Services and Community Safety.

[See also Minute 681].

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.

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

1.

2.

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.

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

1.

2.

3.

The Chairman advised that two of the items marked as key decisions – Accessible Homes SPD and the Local Authority Music Plan – had not been included on the agenda for the meeting.  Accessible Homes SPD was not considered to be a key decision at this stage and would be determined by the Portfolio Holder for Planning, Development and Enterprise.  The Local Authority Music Plan was also not key and a Plan for the Community and Cultural Services Portfolio rather than a matter for Cabinet. 

RESOLVED:  To note the contents of the Forward Plan for the period 1 September – 31 December 2009.

(a)    The Labour Group has indicated that they wish to (1) replace Councillor David Gawn with Councillor Phillip O’Dell as a main Member of the Tenants’ and Leaseholders’ Consultative Forum; (2) replace Councillor Phillip O’Dell with Councillor David Gawn as first reserve on the Forum;

(b)    To appoint I-Foundation representative, Ms Kamlesh Bahl, to the Harrow Admissions Forum.

RESOLVED:  That (1) Councillor Phillip O’Dell replace Councillor David Gawn as a Labour Member of the Tenants’ and Leaseholders’ Consultative Forum;

(2)  Councillor David Gawn replace Councillor Phillip O’Dell as first Labour Reserve on the Tenants’ and Leaseholders’ Consultative Forum;

(3)  Ms Kamlesh Bahl, I-Foundation representative, be appointed to the Harrow Admissions Forum.

Reason for Decision:  To enable the changes in membership to be implemented prior to the next meetings of the bodies concerned.

Report of the Corporate Director of Children’s Services, and reference from the Overview and Scrutiny Committee meeting held on 11 June 2009.

The Portfolio Holder for Schools and Children’s Development introduced the report, which set out the response from Children’s Services to the recommendations of the scrutiny review of Extended Schools as Community Resources.  The Portfolio Holder welcomed the co-opted member of the Overview and Scrutiny Committee who had participated in the Review and congratulated the Review Group on producing an excellent piece of work.  She was pleased with the proposal to hold a Challenge Panel in six months’ time to review the implementation of the recommendations.

The Portfolio Holder added that officers were working with clusters and various Partners in this regard, and that the concept of extended schools was also a priority for the Council.

An officer welcomed the recommendations of the Review Group, which were supported by the schools.  She was pleased that good practice was being shared.

The Portfolio Holder for Community and Cultural Services welcomed the recommendations of the Review Group and the progress made on developing and embedding of extended schools as a community resource.

RESOLVED:  That the response to the recommendations of the Overview and Scrutiny Review Report – Extended Schools as Community Resources be endorsed.

Reasons for Decision:  To enhance future planning and delivery of the extended schools programme.

[See also Minute 666].

For consideration

RESOLVED:  To receive and note the current progress of the scrutiny reports.

Report of the Corporate Director of Finance

The Corporate Director of Finance introduced the report, which set out the current position with regard to risk management within the Council and sought approval of the associated strategy.  She stated that a key aspect of the Strategy was the joint work being done with the Partners instead of the Council working in isolation.

RESOLVED:  That (1) the current risk management position be noted;

(2)  the Risk Management Strategy and the Policy for 2009/10 be approved.

Reason for Decision:  To ensure Cabinet was aware of the progress being made in Risk Management and the long and short-term activities planned which form the Risk Management Strategy.

Report of the Corporate Director of Finance

The Leader of the Council and Strategy, Partnership and Finance Portfolio Holder referred to the report, which set out the Council’s revenue and capital forecast position for 2009?10.  He stated that the report provided a summary of the current situation and that a detailed report would be presented to Cabinet in October 2009.

The Corporate Director of Finance drew Members’ attention to the projected overspend in Children’s Services which was mainly due to the underlying pressures carried forward from 2008/09.  She highlighted the underspend in other Directorates, and did not foresee any potential problems with the Housing Revenue Account.  She referred to the need to a virement of a budget and it was

RESOLVED:  That (1) the revenue and capital forecast outturn position for 2009?10 be noted;

(2)  a virement of £304,000 from the Local Authority Business Growth Incentives (LABGI) to fund high priority expenditure in Economic Development, Place Shaping, be approved;

(3)  the Corporate Directors report back to the October 2009 Cabinet meeting clearly setting out the implications of the 2008/09 outturn.

Reason for Decision:  To present the forecast financial position and the actions required.

Report of the Corporate Director of Schools and Children’s Development

The Portfolio Holder for Schools and Children’s Development introduced the report, which sought the amalgamation of Priestmead First and Middle Schools with effect from 1 January 2010.  It was noted that the statutory proposals had been published in June 2009 to effect the amalgamation and that no objections had been received during the representation period. 

Members were informed that, as part of the proposals, a technical adjustment would be required and Cabinet’s authority to delegate the responsibility to the Portfolio Holder to determine additional statutory proposals was also being sought.

The Leader of the Council reported on the change to the reason for recommendation.

Cabinet, having had regard to the statutory and non-statutory guidance provided by the Department for Children, Schools and Families

RESOLVED:  That (1) the statutory proposals to close Priestmead First School and extend the age range and expand the capacity of Priestmead Middle School to effect the amalgamation of the two schools from 1 January 2010 be agreed;

(2)  statutory notices be published early in 2010 to clarify the school reorganisation position in September 2010;

(3)  the Portfolio Holder for Schools and Children’s Development be authorised to determine the additional statutory proposals.

Reason for Decision:  To allow the two very successful schools to come together as one school and continue to improve even further.

Report of the Corporate Director of Children’s Services

Cabinet considered a report of the Corporate Director of Children’s Services, which set out the findings of the Ombudsman following consideration of a complaint against the Council regarding the amalgamation of West Lodge First and Middle Schools.

The Portfolio Holder for Children’s Services apologised for the failings in the process.  She added that the school was flourishing and making good progress and emphasised the need to move forward in a positive manner.

The Director of Schools and Children’s Development stated that the purpose of the report was to inform Cabinet of the outcome of the Ombudsman’s investigation into the complaints from three local residents.  The Ombudsman had ruled that the Council had made errors during the process and upheld the complaint that there was maladministration.  However, in his assessment, the Ombudsman concluded that even without maladministration, the outcome for the schools would not have been different.  The Director apologised to the complainants for the failings in the process although she considered that the judgement reached on the future of the schools had been the right one.

Letters from the Ombudsman to the complainants and to the Council were circulated to Members of Cabinet at the meeting.

RESOLVED:  That (1) the recommendations of the Local Government Ombudsman and the implementation of the settlement proposal be noted;

(2)  the improvements made to managing Complaints and Amalgamations at Annexe C to the report of the Corporate Director of Children’s Services be noted.

Reason for Decision:  To fulfil the Local Government Ombudsman’s recommendations.

[See also Minute 666].

Report of the Divisional Director of Environmental Services

Cabinet received a report of the Divisional Director of Environment, on a new vision for the Joint Waste Strategy, which covered West London Waste Authority (WLWA) and the six constituent authorities.  The Divisional Director stated that there was a statutory requirement to have a waste strategy in place.

The Portfolio Holder for Environment Services and Community Safety commended the report to Cabinet and was proud of Harrow’s current performance on recycling.  Amongst the six constituent authorities, Harrow recycled more than its neighbours.

RESOLVED:  That the addendum to the existing West London Waste Authority Joint Waste Strategy be endorsed.

Reason for Decision:  To ensure that the revised Joint Waste Strategy was endorsed by the six constituent authorities of the WLWA.

[See also Minute 666].

Report of the Corporate Director of Community and Environment

The Portfolio Holder for Environment and Community Safety introduced the report, which sought approval of the draft Waste Management Strategy following public consultation.  It was noted that public consultation on the draft Strategy had been concluded on 15 May 2009 and the key issues raised had been considered and, where necessary, the Strategy had been amended.

The Portfolio Holder stated that the three-bin system in Harrow had been fully embedded and was pleased to report that households were recycling more now.  She hoped that Harrow would exceed the 50% recycling target of 2010/11 and that it would depend on the availability of funding for the introduction of recycling by occupiers of flats.

RESOLVED:  That the Waste Management Collection Strategy be adopted.

Reason for Decision:  To ensure effective use of natural resources and consolidate existing policy.

Report of the Divisional Director of Environmental Services

Cabinet received a report of the Divisional Director of Environment, which referred to the Council’s commitment to address the impacts of climate change having signed the Nottingham Declaration in 2007.  It was noted that the draft Climate Change Strategy had been considered by Cabinet at its meeting on 15 January 2009 following which public consultation was undertaken from 2 February to 15 May 2009.  Issues raised by the respondents had been considered and the Strategy amended as a result.

The Portfolio Holder for Environment Services and Community Safety thanked representatives of Harrow Friends of the Earth for their petition, and referred to the Council’s commitment on reducing carbon emission.  She was supportive of their campaign for more money to help Councils to implement changes and make improvements that were sustainable.

The Portfolio Holder for Planning Development and Enterprise stated that she too was committed to the green agenda having been instrumental in proposing that the Council’s sign the Nottingham Declaration.  She was keen to ensure that the planning process met the requirements of the Strategy.

The Divisional Director of Environment thanked residents and organisations for their responses during the consultation period.  He explained that some measures would be implemented jointly with the Council’s Partners, and that further investment would be necessary to take the agenda forward.

RESOLVED:  That (1) the Climate Change Strategy and Implementation Plan for 2009/10 to 2011/12 be adopted;

(2)  the start of the Carbon Reduction Commitment in April 2010 be noted.

Reason for Decision:  To enable the Council to meet its Carbon Reduction commitment, reduce its energy costs and inform the Local Development Framework (LDF).

[See also Minute 668].

Report of the Corporate Director of Community and Environment and recommendation from the Grants Advisory Panel meeting held on 8 September 2009.

The Portfolio Holder for Community and Cultural Services introduced the report, which set out the proposed assessment process and revised summary grants report template that were agreed at the Grant Advisory Panel meeting on 8 September 2009.  The Portfolio Holder stated that this would enable greater clarity and transparency of the grants criteria and process.  She welcomed the input of the voluntary and community sector in this regard.

RESOLVED:  That (1) the proposed grant tool be approved;

(2)  the revised summary grants report template be approved.

Reasons for Decision:  To address the recommendations raised in the Overview and Scrutiny Review: “Delivering a Strengthened Voluntary and Community Sector for Harrow”(December 2008); and to ensure greater clarity and transparency in the grants process for round 2010/11. 

Report of the Corporate Director of Place Shaping

The Corporate Director of Place Shaping introduced the report, which set out a proposal to enable the provision of credit union services to people living and working in Harrow.  The Corporate Director stated that a number of scenarios had been examined as part of the feasibility process.  The scheme would come into operation in 2010.

RESOLVED:  That (1) officers continue to work with M for Money Credit Union, to facilitate the establishment of a Credit Union in Harrow to serve people living and working in the Borough;

(2)  budget resources be allocated from the Economic Contingency, to enable the establishment, commissioning and development of a Credit Union:-

(3)  a loan of up to £50,000 be provided to M for Money, to be used as a “line of credit”, to enable the provision of loans soon after the commencement of Credit Union services, within Harrow, and the resource be accounted for on the balance sheet, and therefore not impact on the revenue account;

(4)  the Corporate Director Place Shaping, in consultation with the Leader of the Council, determine who should initially represent Harrow Council on the M for Money Board of Directors.

Reason for Decision:  To increase the range of regulated financial services available to residents during a period of national economic recession. To provide support for residents, during the recession and “Improve Support for Vulnerable People” and “Build Stronger Communities” as part of the Council’s Corporate priorities.

Report of the Director of Legal and Governance Services

The Director of Legal and Governance Services introduced the report, which set out the proposals concerning the re-designation of Member Development Panel to become a Cabinet Advisory Panel in light of its increasing focus on individual Member Development and the Council’s ambition to attain a Member Development Charter.

RESOLVED:  That (1) the Member Development Panel be established as a Cabinet Advisory Panel, reporting to the Leader of the Council as part of his Portfolio for Strategy, Partnership and Finance;

(2)  having considered the comments of the Standards Committee in relation to the size, political composition and working arrangements of the Panel, the terms of reference, attached at Appendix C to the minutes, the membership of the Panel and the Chair elect, as set out below, be agreed as part of the future operating arrangements:

Reason for Decision:  To improve the opportunities available for Member Development in line with the Council’s ambitions and to better meet the anticipated growing area of individual Member Development opportunities.

Report of the Director of Legal and Governance Services

(See Recommendation I).

Report of the Director of Legal and Governance Services

Cabinet considered a report of the Director of Legal and Governance Services, which sought to vary the timetable in respect of one plan, the Local Development Framework – Core Strategy Development Plan Document.

RESOLVED:  That the timetable for the preparation and consideration of the Local Development Framework Core Strategy Development Plan Document, be varied in that the Plan be reported to the Overview and Scrutiny Committee on 12 October 2009 instead of 24 September 2009, as previously reported.

Reason for Decision:  Cabinet had previously agreed the timetable in order 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.  It was therefore necessary to seek Cabinet’s agreement to vary the timetable.

Cabinet sent their best wishes to Lynne Margetts, Scrutiny Manager, who was recovering from a major operation.