Agenda and minutes

On behalf of Cabinet, the Leader of the Council welcomed Mr Mohammed Rizvi, Vice?Chairman of the Standards Committee, to the meeting.  The Leader added that the purpose of Mr Rizvi’s attendance was to allow him to gain a better understanding of how the Council worked from a governance and standards perspective.

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 personal interests were declared and that all Members would remain in the room to participate in or listen to the discussion on the reports, as appropriate:

Agenda Item 5 – Councillor Questions

Councillors Brian Gate and Jean Lammiman declared that they were Trustees of the Harrow Association of Voluntary Services to which Councillor question 3 related. 

Agenda Item 9 – Fair Treatment Suite of Employment Procedures

Councillor Paul Osborn declared that, as a Portfolio Holder under the previous administration, he had been involved in this matter.

Agenda Item 12 – Compulsory Purchase Orders for the Rayners Lane Estate and Mill Farm Close Estate

Councillors Bob Currie and Graham Henson declared that they served on the Home Group.

Agenda Items 12/13 – Compulsory Purchase Orders for the Rayners Lane Estate and Mill Farm Close Estate/Special Needs Transport II – Refresh Project

Councillor Barry Macleod-Cullinane declared that, as a Portfolio Holder under the previous administration, he had been involved in both these projects.  He stated that there was no conflict of interest by him being in the room to listen to the discussions on the reports.

Agenda Items 15/16 – Better Deal for Residents – Public Realm Maintenance Transformation Project/Library Services – Self Service Project

Councillor Paul Osborn declared that he had recently received hospitality from Capita.

Agenda Item 17 – Neighbourhood Champions – Response to Scrutiny Challenge Panel Report

Councillors Brian Gate and Mitzi Green declared that they had participated in the Scrutiny Challenge Panel on Neighbourhood Champions. 

Councillor Susan Hall stated that she had instigated the Neighbourhood Champions Scheme under the previous administration and was herself a Neighbourhood Champion.  Councillor Jean Lammiman declared that she was a Neighbourhood Champion.

Agenda Item 18 – WLWA – New Levy Mechanism and LATS Trading Policy

Councillor Susan Hall declared that she had previously been involved in negotiations in relation to the West London Waste Authority.

General Declaration

Councillor Navin Shah declared that he was a Life Member of the Mahatma Gandhi Foundation.

That the minutes of the Cabinet meetings held on 14 September and the special on 7 October 2010 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meetings held on 14 September and the special on 7 October 2010, be taken as read and signed as correct records.

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

A local resident, submitted a petition with 121 signatures in respect of Streatfield Road with the following terms of reference:

“We, the residents of Streatfield Road, support a campaign to restrict the size and weight of lorries using the road.  These lorries, some of them extremely large, are not suited for what is essentially a residential road.  The vibrations from these lorries have led to and are causing damage to the roads, our houses to shake, which affects our quality of life and the ability to relax, in particular sleep.  This may well lead to future damage to our houses and may well affect the saleability of our houses present and future.

We urge the Council to look at this matter with the utmost urgency and to undertake to meet with a delegation of residents and interested party to find a solution to this long running issue.”

RESOLVED:  That the petition be received and referred to the Traffic and Road Safety Advisory Panel for consideration.

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 Leader of the Council advised that the reports relating to Grants Appeals and West London Waste Authority (WLWA) Waste Procurement Site Assessments had been deferred.

Additionally, the decision relating to agenda item 13, Special Needs Transport (SNT) II Refresh Project, was considered to be Key, but was not listed on the October 2010 Forward Plan.  Accordingly, Cabinet would be taking a decision on this matter in accordance with Rule 15 of the Access to Information Procedure Rules of the Council’s Constitution.

RESOLVED:  To note the contents of the Forward Plan for the period 1 October – 31 January 2011.

For consideration.

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

Reasons for Decision: To note the progress made on the various scrutiny reviews.

Report of the Assistant Chief Executive.

The Portfolio Holder for Performance, Customer Services and Corporate Services introduced the report, which summarised Council and service performance against key measures, including areas where further action was required.  He identified the challenges that the Council continued to face and those that lay ahead.  However, he was pleased to report that the Council had made good progress during the first quarter of 2010/11 and highlighted some of the key achievements in each of the Council’s Directorates, details of which were set out in the report.

Cabinet noted that the Council’s Better Deal for Residents Programme was making significant progress and that significant inroads were being made to deal with various deficits through the Improvement Boards.  He drew attention to areas where further work was being carried, such as the consultation exercise that was currently underway on the Single Equalities Scheme, which would be reported to the December meeting of Cabinet.

The Portfolio Holder stated that it was essential that performance was robust and was pleased to report that, following the abolition of the majority of the existing performance management framework, the Overview and Scrutiny Committee had agreed to support the development of a local framework.  A local framework would ensure a measurement against performance.

RESOLVED:  That the report be noted and the Portfolio Holders continue working with officers to achieve improvement against identified key challenges.

Reasons for Decision:  To be informed of performance against key measures and to identify and assign corrective action where necessary.

Report of the Divisional Director Human Resources and Development.

Cabinet received a report of the Divisional Director Human Resources and Development, which set out the recommendations of the Employees’ Consultative Forum meeting held on 30 June, whilst also recommending, in part, an alternative course of action to that recommended by the Forum.

The Portfolio Holder for Performance, Customer Services and Corporate Services explained the reasons for the report being referred to Cabinet.  It was noted that whilst the recommendations of the Forum had initially been referred to the Portfolio Holder to determine, he had deferred the decision to Cabinet to allow historical data on the numbers of appeals considered by Members and the cost of supporting Member-level appeals to be presented in order to allow a fully informed decision to be taken.

Members’ attention was drawn to the costs associated with reinstating Member-level appeals for Dignity at Work complaints, including the number of appeals heard by Members/officers.

RESOLVED:  That

(1)               the outcomes of the pilot of the Fair Treatment Suite be noted; 

(2)               Portfolio Holders receive monthly summary reports of all grievances/ disciplinary appeal cases under consideration within their Directorate Service area;

(3)               the following recommendation from the Employees Consultative Forum be rejected:

“a further pilot be implemented for one year of the Fair Treatment Suite with Stage 3 Dignity At Work Appeals being subject to consideration by Member level Personnel Appeals Panels, in line with the current Conduct Appeals process, to allow comparative assessment of such an appeals process with the previous pilot scheme”.

Reasons for Decision:  To continue to ensure that employees were treated fairly and consistently in handling, conduct, capability and complaints in the workplace without an increase in cost.

Joint Report of the Corporate Director Finance and Assistant Chief Executive.

Cabinet considered a joint report of the Corporate Director Finance and the Assistant Chief Executive, which provided an update on integrated planning for 2011/12 to 2015/16.  The Council had adopted an integral planning framework to ensure that the Corporate Plan and the Medium Term Financial Strategy (MTFS) were developed in tandem.  The report also set out the strategy for closing the funding gaps.

Cabinet had recently agreed a new draft vision, ‘Working together: our Harrow, our Community’, and new corporate priorities supported by a Year Ahead Statement, together with a new approach to consultation and engagement.  In addition, the Better Deal for Residents Programme included a fundamental review of how the Council could deliver more integrated services to local taxpayers and how to better-align services with residents’ needs in mind, whilst being more cost effective.

The Corporate Director Finance stated that since the report had been released, the government had announced the Comprehensive Spending Review.  A 28% of savings over a period of 4 years in real terms had been announced and, whilst clarity was awaited, the savings required would have a significant impact on local government as a whole.  She added that whilst further information was awaited, the savings to be achieved might also be front-loaded during the first year and such a requirement would have a significant impact on the Council and would be onerous.

The Corporate Director informed Cabinet that extra funding was expected for Adults’ and Children’s Services but that a 0% Council Tax increase had been announced.  She identified areas of uncertainty, such as on concessionary travel and how this would be funded in the future, changes to carbon reduction and the levels of grants for capital funding.  She stressed that the local government settlement was not expected until week commencing 6 December and that the settlement would have a significant bearing on the budget for 2011/12.

The Leader of the Council welcomed a revised fees and charges policy.

The Leader of the Council stated that, amongst the public sector bodies, local government had been hit the hardest by the government whilst being the most efficient of all the public sector bodies.  Representations would be made to the government, and that a true picture would not emerge until the local government settlement was known in December, and that challenging decisions lay ahead.

RESOLVED:  That

(1)               the context and current position on the development of the new Corporate Plan and the Medium Term Financial Strategy be noted;

(2)               the approach to closing the remaining funding gaps be approved;

(3)               the planning totals for the Capital Programme at appendix 3 to the report be approved;

(4)               the proposed Fees and Charges Policy at appendix 4 to the report be approved.

Reasons for Decision:  To ensure that the Council is in a position to approve a final Corporate Plan and a balanced budget in February 2011.

Report of the Corporate Director Finance.

The Corporate Director Finance introduced the report on Risk Management Strategy, which under the Council’s governance framework was reviewed annually to ensure that it was in line with current guidance and best practice.  Risk Management was an important element of the Council’s corporate governance arrangements and its purpose was to limit the Council’s exposure to an acceptable level of risk.  The Corporate Director added that risk management was an integral part of the Council and a key instrument in combating the challenges that lay ahead.

RESOLVED:  That the risk management position be noted and the Risk Management Strategy be approved.

Reasons for Decision:  To ensure awareness of the progress in risk management.  To comply with the governance framework and ensure that the Council’s risk management framework continued to align with best practice.

Report of the Corporate Director Adults and Housing.

Cabinet considered a report of the Corporate Director Adults and Housing, which set out the reasons for making a Compulsory Purchase Order of the long leasehold interests at the Rayners Lane and Mill Farm Close estates.  In reaching its decision, Cabinet also had regard to the information contained in the confidential appendix, which set out details of the properties and negotiation stages reached.

An officer introduced the report and stated that it was important to acquire interests in the timescales given and not to further delay the regeneration of the estates.

The Portfolio Holder for Adults and Housing thanked officers for their work in this area.

RESOLVED:  That

(1)               the acquisition by compulsory purchase under section 17(1)(b) of the Housing Act 1985 all estates and interests in the leasehold properties on the Rayners Lane estate and Mill Farm Close estate, set out in the Tables of Properties and shown coloured pink and edged red on the draft plans annexed at Appendix 1 to the report, for the provision of housing accommodation on the grounds set out in the report be authorised, subject to the reimbursement by Home Group in respect of the Rayners Lane estate and Catalyst Communities Housing Association Limited in respect of Mill Farm Close estate of all costs and expenses incurred by the Council in carrying out the compulsory purchase;

(2)               in respect of the Rayners Lane estate, the Corporate Director Adults and Housing be authorised to agree the terms of and enter into the revised indemnity agreement agreed with Home Group in order that the costs incurred by the Council in pursuing the compulsory purchase order were met by Home Group;

(3)               the Corporate Director Adults and Housing be authorised to agree and approve the final form of the Plans to be annexed to the Compulsory Purchase Orders delineating the exact boundaries of the properties set out in the Tables of Rayners Lane estate Properties and Mill Farm Close estate Properties annexed at Appendix 2 to the report, the Plans to be entitled respectively ‘Map referred to in the London Borough of Harrow (Rayners Lane Estate) Compulsory Purchase Order 2010’ and ‘Map referred to in the London Borough of Harrow (Mill Farm Close Estate) Compulsory Purchase Order 2010’);

(4)               the Corporate Director Adults and Housing be authorised to compile the Schedule of Properties to be annexed to the respective Compulsory Purchase Orders, listing all interests in the properties shown on the respective Tables of Properties annexed at Appendix 2 to the report;

(5)               the Corporate Director Adults and Housing be authorised to make any amendments to the draft Statement of Reasons annexed at Appendix 3 to the report, as were considered necessary prior to their submission to the First Secretary of State;

(6)               the Director Legal and Governance Services be authorised to make and seal the Compulsory Purchase Orders and to submit the Orders for confirmation by the First Secretary of State and Deputy Prime Minister in the event that no objections were received, or  ...  view the full minutes text for item 74.

Report of the Corporate Director Children’s Services.

The Director of Schools, Quality Assurance and Commissioning introduced a joint report of the Corporate Directors Children’s Services and Adults and Housing, which set out the case for improving the travel support provided to children and adults with special needs whilst at the same time reducing the cost of that assistance.  The Director added that the Project would help secure new vehicles and establish new travel routes, as the Council was keen to encourage users to travel independently provided it suited the customer.  She identified the service development and demand management benefits that the Project would deliver, which would help to ensure that the Council continued to provide the highest level of support to some of the most vulnerable members of the community.

RESOLVED:  That

(1)               the review and re-organisation of the operational Special Needs Transport (SNT) service, and the establishment of new assisted travel services, such as assessment, travel training, and travel assistants, outlined at section 2.3 of the report, be approved and the Corporate Director Children’s Services be authorised to implement the proposals;

(2)               the temporary virement of £346k from the monies set aside for the 2010/11 pay award to fund the delivery costs in 2010/11 be approved.

Reasons for Decision:  To improve the customer offering.  Provide greater independence for customers through the offer of more travel options than simply a Council Bus service or taxi.  To run the service with greater efficiency.  Improve the overall SNT process, from initial travel assessment, through commissioning, to final service delivery.  To reduce demand for the service and a reduction in demand for Council provided services.

Report of the Corporate Director Community and Environment.

The Portfolio Holder for Environment and Community Safety introduced the report, which set out the progress made with implementing the Council’s Climate Change Strategy, the actions taken to date and the proposed workstreams for the next three years.

The Portfolio Holder identified some notable achievements, such as the development of School Travel Plans with a 96% sign up, ‘itsuptoallofus’ website which attracted in excess of 1,800 unique visitors per week, and a carbon reduction scheme which would be presented to Cabinet in December with a view to reducing emissions thereby making savings.  He commended the proposal to sign up to the 10:10 Charter, and the Climate Change Action Plan for public consultation.

RESOLVED:  That

(1)               the progress made in delivering the Climate Change Strategy over the last year be noted;

(2)               the new initiatives, such as the signing up to the 10:10 campaign be approved, including a revised Action Plan for the period 2010/11 to 2012/13; and that the Plan be published for public consultation in accordance with paragraph 2.5 of the report.

Reason for Decision:  To ensure continued progress in the delivery of the Climate Change Strategy.

Report of the Corporate Director Community and Environment.

The Portfolio Holder for Environment and Community Safety introduced the report, which set out the case for development of the Public Realm Maintenance service through the introduction of new IT systems, the re?design of business processes, and reorganisation of the service.  He briefed Cabinet on some of the objectives of the Project, which, inter alia, would help deliver cost savings, including clean and safe streets, and a near real time technical interface with Access Harrow.

The Portfolio Holder added that with the challenges facing the Council and the cuts in government funding, the Project would help deliver ‘more for less’.

The Corporate Director Community and Environment made a statement of clarification. He stated that further to the discussions with the Trade Unions at the Employees’ Consultative Forum on 27 October, he had undertaken an exercise to dispel any concerns concerning the appropriateness of the Equality Impact Assessments and to seek legal advice.

The Corporate Director drew Cabinet’s attention to paragraph 2.5.9, Equalities Implications, of the report, and stated that a full assessment had been carried out prior to the Cabinet meeting.  He confirmed that this Impact Assessment was adequate in that it was sufficient to identify the impact on particular groups and the scope for further consideration of equalities issues during implementation.  However, it did not include the performance data draft document. This had been revised that day to include performance data in a second full draft issued today, 28 October.  For example, the Council was aware that on the Public Realm, workers with disabilities may possibly have difficulty in using new technology and would there require an assessment of their needs, which would lead to additional training and support.  The additional data now included and identified the number of staff who might need to be considered for such support.

Cabinet was informed that the inclusion of the performance data therefore did not make any significant changes to the assessment in the previous full draft impact assessment.  The Corporate Director added that the document would remain in draft form pending discussions with Trade Unions and ratification by the Directorate Equalities Group.  The Corporate Director stated that the same would apply to the report on ‘Library Services, Self Service Project’, which was also on the agenda.

The Leader of the Council stated that he had personally seen the updated Equality Impact Assessment, and the Director of Legal and Governance Services said that there was no impediment to Cabinet agreeing the given proposals.

RESOLVED:  That

(1)               the implementation of the Public Realm Maintenance improvements, set out in the Full Business Case, be approved.

(2)               the Corporate Director Community and Environment, in agreement with the Portfolio Holder for Environment and Community Safety, be authorised to take all actions necessary to implement the project.

Reason for Decision:  To deliver improved customer service, operational efficiency and cost reductions.

Report of the Corporate Director Community and Environment.

The Portfolio Holder for Community and Cultural Services introduced the report, which set out the case for development of the library service through the introduction of new IT systems, the re-design of business processes, and reorganisation of the service.  She added that the report outlined the Full Business Case (FBC) for the introduction of self-service into Harrow libraries, in line with best practice across the country.

The Portfolio Holder informed Cabinet that the Project would encompass the introduction of the new technology and would offer the opportunity to:

·                     look at library layout to open out space by removing large desks;

·                     improve the customer experience with faster transaction times for basic library functions;

·                     review staffing arrangements to allow for a reduced and more flexible workforce;

·                     update the library website to encourage 24/7 use of facilities online.

Cabinet was informed that a Full Business Case (FBC) had been developed in consultation with the staff and Trade Unions, including other key stakeholders.  There would be a phased approach to the roll out of the   Project across all 11 libraries, and the staffing structure would be phased to match the new ICT.  A full learning package would support staff through both the introduction of the new technology and new ways of working.  The Project would allow for saving of £1.1m per annum which would be rephrased over the first 2 years of implementation.

It was noted that the clarification made by the Corporate Director Community and Environment under the report on the agenda ‘Better Deal for Residents - Public Realm Maintenance Transformation Project’ also applied to this report in that the inclusion of performance data applied to paragraph 2.10, Equalities Implications.

The Leader of the Council stated that the Council was committed to protecting the library service.  He added that the clarification provided by the Corporate Director Community and Environment concerning the appropriateness of the Equality Impact Assessments on the previous item also applied here.

The Leader of the Council stated that he had personally seen the updated Equality Impact Assessment, and the Director of Legal and Governance Services said that there was no impediment to Cabinet agreeing the given proposals.

RESOLVED:  That

(1)               the implementation of the Libraries Self Service Business Case be approved;

(2)               the Corporate Director Community and Environment, in agreement with the Portfolio Holder for Community and Culture Services, be authorised to take all actions necessary to implement the project.

Reason for Decision:  To deliver improved customer service, operational efficiency and cost reductions.

Report of the Corporate Director Community and Environment.

The Corporate Director Community and Environment introduced the report, which set out a response to the recommendations of the Neighbourhood Champions Scrutiny Challenge Panel, which had examined the Neighbourhood Champions Scheme prior to submitting its findings.  It was noted that the Challenge Panel had made 11 recommendations to which responses had been provided.

The Corporate Director thanked Members of the Challenge Panel for their work and was proud that the Scheme had 600 trained Neighbourhood Champions with a further 400 who had expressed an interest in joining.

RESOLVED:  That the response to the recommendations of the Neighbourhood Champions Scrutiny Challenge Panel be endorsed, and a response report be provided to Overview and Scrutiny Committee in accordance with the Constitution.

Reasons for Decision:  To ensure that the issues identified by the Scrutiny Challenge Panel contribute to the future successful development of the Neighbourhood Champions Scheme.  To meet the requirements of the Council’s Constitution.

Report of the Divisional Director Environmental Services.

The Corporate Director Community and Environment introduced the report, which proposed changes to the levy mechanism used by the West London Waste Authority (WLWA) and the Landfill Allowance Trading Scheme (LATS) Trading Policy.  As the Council with the highest level of recycling in the WLWA, Harrow was proud to have championed the change from the current statutory scheme to one which rewarded boroughs for recycling more and diverting waste from landfill, which was harmful to the environment.  The changes would help ensure that high performing Councils, such as Harrow, did not cross-subsidise low performance.

Cabinet noted that all participating boroughs would have to agree with the proposal; otherwise the existing scheme would remain in place.

RESOLVED:  That

(1)               the new WLWA levy mechanism be adopted for use from 1 April 2011 onwards;

(2)               it be noted that in subsequent years the WLWA would consult with the boroughs before setting the annual rates for each category of waste treatment and disposal, including the addition of new categories where applicable;

(3)               from 2012/13 onwards the WLWA apply retrospective rebates, or charges for the LATS benefit or burden attributable to  each constituent Council through its LATS Trading Policy; 

(4)               the new levy mechanism remain in use until the WLWA’s new waste treatment infrastructure and contract(s)  were in place and operational from 2015/16; 

(5)               the indicative costs per tonne applicable for waste treatment and disposal services in the report and the estimated impact on the Council’s waste disposal costs be noted.

Reason for Decision:  To improve the transparency of recharges from WLWA for waste disposal and encourage waste minimisation and recycling.  To ensure that any financial liabilities from the LATS were shared equitably between the constituent authorities.

Report of the Corporate Director Place Shaping.

The Portfolio Holder for Planning, Development and Enterprise introduced the report, which set out a revised content and timetable for the Local Development Framework (LDF) documents the Council was intending to prepare over the coming years.  It was noted that the revised Local Development Scheme (LDS) would replace the current outdated published in November 2007.

Cabinet noted that the LDS was the Council’s published timetable for preparing documents in its LDF.  The LDF would guide the quantity, quality and spatial distribution of new development in Harrow, replacing the Unitary Development Plan (UDP).  The LDF documents would enable the Council to better control development in the borough.

It was noted that the Local Development Framework Panel had recommended the LDS for submission to the appropriate authorities.

RESOLVED:  That

(1)               the draft revised Local Development Scheme (LDS) at Appendix B to the report be approved for submission to the Secretary of State and the Greater London Authority for final approval;

(2)               the revised LDS be effective from the 1January 2011, subject to the Secretary of State and the Greater London Authority approving the Scheme by that date;

(3)               if by 1 January 2011 the revised LDS had not been approved by the Secretary of State and the Greater London Authority, the LDS would become effective from the date the Secretary of State and/or the Greater London Authority confirmed approval of the LDS, whichever was the later.

Reason for Decision:  To adhere to the statutory duty to maintain an up to date LDS under the Planning and Compulsory Purchase Act 2004.