Agenda and minutes

The Leader of the Council reported with sadness that Councillor John Cowan had died of a heart attack during the morning.  He paid tribute to the work carried out by John Cowan.

A minute’s silence was held in his memory.

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:

Agenda Item 5 – Councillor Questions

Councillor Bob Currie declared a prejudicial interest in question 5, as he was a freeholder.  He would leave the room whilst the pertinent question was asked and answered.

Councillor Paul Osborn declared a personal interest in question 1, as he resided in the West Harrow Ward and the CPZ area.  Similarly, Councillors Brian and Ann Gate declared personal interests in that they also resided in West Harrow.  Councillor Brian Gate stated that he was also a Ward Councillor for West Harrow.  They would all remain in the room whilst the question was asked and answered.

Agenda Item 10 – Grant Funding 2011/12

Councillor Sue Anderson declared an interest in that she was a Member of the Grants Advisory Panel.  The Councillor further declared personal interests in that she was a member of a number of organisations such as the Harrow Law Centre, Community LinkUp, Harrow Mencap and Harrow Public Transport Users’ Association.  In addition, she had a prejudicial interest in that she was a trustee of the Welldon Activity Group.  She would leave the room whilst the matter was considered.

Councillor Nana Asante declared a personal interest in that she was Chairman of the Grant Advisory Panel.  She would remain in the room to listen to the debate on the item.

Councillor Bob Currie declared a personal interest, as he was a blue badge holder.  He would remain in the room whilst the matter was considered and voted upon.

Councillor Margaret Davine declared a personal and prejudicial interest as she was a trustee of Welldon Centre.  She would leave the room whilst the matter was considered and voted upon.

Councillor Brian Gate declared a prejudicial interest in that he was currently on the Management Board of the Citizen’s Advice Bureau as a management trustee.  He would leave the room whilst the matter was considered and voted upon.

Councillor Chris Mote declared a personal interest in that he held a blue badge permit.  He declared a further prejudicial interest in that his sister was a trustee of St. Luke’s Hospice.  He would leave the room whilst the matter was considered.

Councillor Janet Mote declared a personal interest in that her husband was blue badge permit holder.  Councillor Janet Mote declared a further prejudicial interest in that her sister-in-law was a trustee of St. Luke’s Hospice.  She would leave the room whilst the matter was considered.

Councillor John Nickolay declared a prejudicial interest, as he was a trustee of the Welldon Activity Group.

Councillor Mrs Rekha Shah declared a personal interest in that she was a member of the Harrow Anti-Racist Alliance and that her daughter worked for St Luke’s Hospice.

Agenda Item 14 – Potential Conversion of Harrow’s High Schools to Academy Status – Land and Assets Issues

Councillor Sue Anderson declared a personal interest in that her son was a pupil at Harrow High School.

Councillor Kam Chana declared a personal  ...  view the full minutes text for item 182.

That the minutes of the Cabinet meeting held on 17 March 2011 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 17 March 2011, be taken as read and signed as a correct record.

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

1.                  Councillor Bob Currie presented a petition from approximately 50 residents who were in agreement to the Council erecting gates at the entrance to the alleyway at Cross Road between 63 and 65 Sandringham Crescent.

RESOLVED:  That the petition be received and referred to the Corporate Director Community and Environment and the Portfolio Holder for Environment and Community Safety.

2.                  A petition signed by 24 people was presented on behalf of the Harrow and Wealdstone Shopmobility with the following terms of reference and inviting signatures of protest:

“Harrow Council have refused our application for funding which would have allowed Harrow Shopmobility to continue in operation.”

RESOLVED:  That the petition be received and referred to the Portfolio Holder for Community and Cultural Services and the Corporate Director Community and Environment.

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.

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.

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

For consideration

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

Report of the Corporate Director Place Shaping.

Prior to the consideration of the report, the Leader of the Council drew Cabinet’s attention to the recommendations from the Local Development Framework Panel meeting held on 15 March and the tabled reference from the Overview and Scrutiny Committee meeting held on 5 April; the latter of which had not been available for circulation prior to the meeting due to the proximity of meetings.  Both these documents were noted by Cabinet.

The Portfolio Holder for Planning, Development and Enterprise introduced the report, which explained and detailed the roles of the three Development Plan Documents (DPDs) that were being prepared in support of the spatial strategy set out in the Core Strategy.  It was noted that when adopted, the DPDs would form part of Harrow’s Local Development Framework.  He outlined the consultation process and advised that, subject to Council approval, the three draft documents would be the subject of a six week period of public consultation.

Resolved to RECOMMEND:  (to Council)

That, having reviewed and commented on the draft issue and options consultation documents for the Harrow and Wealdstone Area Action Plan, the draft Site Allocations DPD, and the draft Development Management DPD, the draft Issues and Options consultation documents for the Harrow and Wealdstone Area Action Plan; the draft Site Allocations DPD and the draft Development Management DPD be approved for a six week period of public consultation on each of the documents, subject to authority being delegated to the Divisional Director Planning, in consultation with the Portfolio Holder for Planning, Development and Enterprise, to agree amendments to the documents prior to public consultation.

Reason for Decision:  To comply with the statutory requirements for public participation in the preparation of the DPDs and with the Council’s Statement of Community Involvement. 

[Call-In does not apply to the Recommendation]

Report of the Corporate Director Children’s Services.

The Portfolio Holder for Schools and Colleges introduced the report, which informed Cabinet of the statutory proposals published in February 2011 to effect the amalgamation of Grange Nursery and Infant School and Grange Junior School. 

The Portfolio Holder added that noobjections had been received during the representation period prior to the publication of the report and no objections had been received since its publication either.  He stated that Cabinet’s approval was sought to enable the two schools to combine in September 2011.  He commended the report to enable the two schools to combine.

RESOLVED:  That, having determined the statutory proposals, Grange Nursery and Infant School and Grange Junior School be amalgamated  in September 2011, namely to: 

(a)               extend the age range of Grange Junior School to establish a primary school with an age range of 4 years (Reception) to 11 years (Year 6) with attached nursery class from 1 September 2011;

(b)               expand the capacity of Grange Junior School from 1 September 2011;

(c)               discontinue Grange Nursery and Infant School on 31 August 2011.

Reason for Decision:  Combining the two schools would give the opportunity to further improve educational standards by enabling planning as a coherent whole across the primary phase of the national curriculum and providing greater flexibility across and between key stages.

To comply with the statutory duty to determine the proposals within two months from the end of the representation period on 4 April 2011, rather than refer the matter to the Office of the Schools Adjudicator for determination. 

Joint Report of the Corporate Directors Children’s Services and Place Shaping.

The Portfolio Holder for Schools and Colleges introduced the report, which updated Members on issues relating to the potential transfer of seven of Harrow’s High Schools to Academy status since the matter was reported to the March Cabinet.  The report also sought authority to complete any requisite transfers of land and enter a transfer agreement with the schools concerned in the event that the Governing Body of any of those schools determined to enter a funding agreement with the Secretary of State and become an Academy.

The Portfolio Holder and the Corporate Director Children’s Services stated that the schools were currently in the process of consulting stakeholders but that it was important that all necessary measures were in place to allow any of the seven schools to transfer to Academies with the intended start time of autumn term 2011.  He commended the work carried out across the Directorates with speed and the thoroughness applied.

RESOLVED:  That, in the event of a decision of the governing body of any of the High Schools listed in the officer report agreeing with the Secretary of State to transfer to an Academy, the following be agreed:

(a)               the transfer of the individual school premises to the school on a long lease;

(b)               the Council to enter into a transfer agreement with the school in relation to assets, third party contracts, staffing and information transfer;

(c)               to grant delegated authority to the Corporate Director of Place Shaping in consultation with the Portfolio Holder for Property and Major Contracts to determine the terms of the land transfer based on the model lease issued by the DfE, including the extent of the school premises and licences for land outside of the lease arrangements;

(d)               delegate authority to the Corporate Director of Children’s Services in consultation with the Portfolio Holder for Schools and Colleges to determine the terms of the transfer agreement;

(e)               that the Council should offer services under Service Level Agreements (SLAs) to any transferring school.  The terms upon which such services are provided to any such school are to be determined by the relevant Director for the service in question.

Reason for Decision:  In essence, some or all of the governing bodies of the named High Schools may, during the month of May 2011, decide to become Academies and enter formal funding agreements with the Secretary of State.  Given that those schools are currently indicating that, if they proceed, they will look to complete transfer before the end of the summer term, approval to land and asset transfer has been given as required under the Council’s Constitution and the Academies Act 2010, conditional upon the decisions of those governing bodies.

To enable officers and any schools so transferring to undertake the considerable amount of work that would be required, in the timescales envisaged, with the necessary Cabinet authority.

To authorise officers to negotiate the terms upon which any services are provided to any transferring school.

Report of the Corporate Director Community and Environment.

The Portfolio Holder for Community and Cultural Services introduced the report, which set out the recommendations for the allocation of grants to the voluntary and community sector for 2011/12 together with the recommendations of the special meeting of the Grants Advisory Panel meeting held on 30 March 2011.

The Portfolio Holder stated that altogether, the Council had received 131 applications and the total amount requested was £2.3m.  However, the budget available to the Council was £600,000, as savings had been forced upon the Council by the government.  She commended the partnership working between the Council and the Voluntary Sector and the valuable work carried out by this Third Sector.  Compared to other local authorities that were either cutting their entire grant budgets or reducing them drastically, this Council was reducing its grant funding by 15% only.

The meeting was informed that, on the basis of the funding criteria, it was being recommended that those applications with a score of 95% or above be awarded 85% of the amount applied for subject to a number of conditions being met.  The report also recommended that 5% of the budget be set aside to fund appeals, amounting to a figure of £30,336.

The Portfolio Holder also drew attention to the recommendations of the Grants Advisory Panel, which, inter alia, proposed that all appeals be considered before final recommendations are made and that the appeals be considered by a Panel of Reserve Members.  She agreed in principle with the Grants Advisory Panel that decisions on appeals should be made quickly. However, having given due consideration to the Panel’s recommendations and having reflected on the experiences and lessons learnt from last year which resulted in significant delays for organisations, the Portfolio Holder proposed changes to the officer recommendations set out in the report, namely that a sub-paragraph 1(c) be added and recommendation 2 be replaced.  She added that the report also sought approval to ring-fence £20,781 to fund the development of support services to the voluntary sector to replace those previously provided by the former Harrow Association of Voluntary Services (HAVS).  This would be matched by £47,000 carried forward from the current year.

In addition, the report sought delegated authority to the Corporate Director Community and Environment, in conjunction with the Portfolio Holder, to withdraw grant offers from organisations that did not meet the conditions described in the report.  In commending the report to Cabinet with the changes proposed, as set out in the resolution below, the Portfolio Holder stated that she recognised the benefits the voluntary and community sector provided to Harrow’s diverse communities.

The Leader of the Council stated that the decision before Cabinet was difficult as some organisations would lose out but, the Council had a strong record of supporting the voluntary and community sector.  He further noted that a record number of applications had been received for 2011/12.

RESOLVED:  That

(1)               grant recommendations for the 2011/12 Main Grants Programme, based on the assessment of applications described in the officer report  ...  view the full minutes text for item 192.

Report of the Divisional Director Partnership Development and Performance.

Cabinet received a report of the Divisional Director Partnership Development and Performance setting out a response on the findings and recommendations of the Phase 1 of the Scrutiny Review Group’s report on the Council’s Use of Performance Information.

The Leader of the Council welcomed the Chairman and a Member of the Scrutiny Review Group to Cabinet. 

In his presentation, the Chairman of the Review Group stated that in this first phase of the review, the Review Group had focused on getting an overview of the performance information that was being captured and reported, identifying quick wins and looking at how the recently abolished Place Survey could be replaced.  He identified the key recommendation from the Review Group’s report and those would be particularly helpful in the Children’s and Adult Services areas.  The Review Group had noted that there were no measures in place for the Council’s licensing functions when compared to the Planning function which was measured on various aspects.  Therefore, it would be useful to have an overview of the Licensing area, amongst other things the number of appeals made and those that were successful.

The Chairman of the Review Group stated that the indicator relating to sickness absence was labour-intensive to calculate quarterly and that the Review Group had recommended that it be reported annually and in-year monitoring carried out more frequently using the SAP computer system.  He urged Cabinet to reconsider the officer recommendation in this regard, but welcomed the proposal to use a Tracker to replace the Place Survey.

A Member of the Scrutiny Review Group commended the report of the Review Group, which would benefit many services, including those provided to residents.

Cabinet noted that phase 2 of the review would look further to how the Council could improve its performance management, performance at operational level and how residents’ perception of performance matched that of the Council, for example in the street cleaning area.

The Portfolio Holder for Performance, Customer Services and Corporate Services welcomed the Scrutiny Review Group’s report.  In parallel and since the abolition of many performance indicators, officers had also been looking at how performance measurements could be improved, including the Council’s direction of travel in this area.  The Council’s Improvement Boards would monitor progress.

The Portfolio Holder indicated that the sickness absence ought to be retained for the time being and the proposal from the Scrutiny Review Group would be considered at a later date.  He stated that if sickness absence was managed effectively, a downward trend would be seen.  He looked forward to receiving the Phase 2 of this review.

The Assistant Chief Executive stated that it was critical how performance was measured at a time when the Council would be delivering the greatest changes.

The Leader of the Council thanked the Chairman and the Member of the Scrutiny Review Group for their presentation.  The Leader added that the abolition of some national indicators provided the opportunity for local authorities to shape their local indicators.  He welcomed a further  ...  view the full minutes text for item 193.

Report of the Corporate Director Adults and Housing.

The Portfolio Holder for Adult Social Care, Health and Well-Being introduced the report, proposing changes to theCouncil’s approach to the delivery of its service to customers who required adaptations to their home and how it would change.  The Portfolio Holder outlined key changes and areas that would be streamlined thereby reducing bureaucracy and giving those affected speedier solutions and an opportunity to experience independent living, such as tenure neutral approach, relocation grants and a handyman scheme.  She added that the proposals would also ensure that adaptations previously carried out were not removed unnecessarily, a move that was also welcomed by the Portfolio Holder for Housing.

The Portfolio Holder for Adult Social Care, Health and Well-Being stated that the Council was on a journey in this regard and the proposal in conjunction with the Council’s Lean Review, provided an opportunity for a ‘win win’ situation to the benefit of the vulnerable.

The Corporate Director of Adults and Housing explained that the proposed policy change was a priority action area for the Council and would provide a clearer, faster and fairer service.  It would help in managing costs, and potentially there was an opportunity to provide local employment which in turn would benefit the wider community.

RESOLVED:  That

(1)               the Grant and Assistance Regime for Disabled Adaptations to Housing in Harrow Policy, which contained the following key changes, be supported and approved:

(a)               introduction of a tenure neutral approach as far as possible;

(b)               providing clarity on the decision--making process for different levels of grant and providing an appeal process;

(c)               simplifying the enhanced scheme;

(d)               introduction of Emergency Disabled Facilities Grant (DFG)/ adaptation process; 

(e)               introduction of Relocation Grant;

(f)                 withdrawal of Discretionary Renovation Grants, except in exceptional circumstances;

(g)               inclusion of a handyman scheme in the Policy;

(h)              encouraging Registered Social Landlords (RSLs) to contribute towards DFGs;

(i)                 supporting the Lean Review to enhance service delivery.

(2)               the Corporate Director Adults and Housing, in consultation with the Portfolio Holder for Housing, be authorised to approve minor changes to the Policy resulting from changes imposed by legislation and Government best practice.

Reason for Decision:  The existing policy was written in 2003 and is overcomplicated and difficult to understand.  There have also been a number of legislative changes since then and changes to best practice recommendations.

Report of the Corporate Director Community and Environment.

Cabinet considered a report of the Corporate Director Community and Environment, which set out the case for a policy revision in the street lighting of highways and residential roads, and proposed a draft new policy for consultation.

The Portfolio Holder for Environment and Community Safety commended the report to Cabinet, as it would help the Council meet its target of an annual decrease of carbon emissions of 4%.  He highlighted the level of public consultation that would be carried out in formulating a final Policy, which would also involve key stakeholders.

The Portfolio Holder outlined the benefits of the proposed Policy, which would also help reduce night time accidents and be more responsive to the changing needs of the borough.  Priority would be given to the lighting that was old, depleted and needed replacing, and the Council would need to work within a limited budget.

The Corporate Director Community and Environment assured Cabinet that overarching equality impact assessments would be carried out on all schemes agreed.

RESOLVED:  That the draft Street Lighting Policy be noted and approved for the purposes of public consultation.

Reason for Decision:  Street lighting is provided to ensure the safety of users of the highway, but accounts for 25% of the Council’s electricity consumption and 12% of its carbon emissions.  The continued application of the existing policy on lighting levels and technology would lead to a significant increase in this consumption as old lighting stock is replaced.  The proposal to introduce a new Policy reflects commitments to reduce the impact of Climate Change by new approaches to lighting levels, embracing the new technology available.

Report of the Corporate Director Children’s Services.

The Portfolio Holder for Children’s Services introduced the report, detailing the inspection results for Children’s Services for the last year, including Ofsted’s annual performance assessment.  She highlighted the key aspects of the report, including the intense and challenging levels of inspection from Ofsted during 2010, together with the positive judgement given.

The Portfolio Holder and the Corporate Director Children’s Services expressed their thanks to all staff involved in the work, particularly the teams led by the Divisional Director Safeguarding and Family Support and the Head of Service Achievement and Inclusion, Divisional Director Early Years, Childcare and Parents, as well as the support provided by other Directorates including Community and Environment, in ensuring a positive inspection outcome for Harrow’s Children’s Services and improvements in operational services, particularly at a time when the Service was facing new challenges.

The Leader of the Council thanked the Corporate Director for her work and the innovation in Children’s Services.  He looked forward to continued positive reports from Ofsted.

RESOLVED:  That the annual performance assessment of ‘performing well’ for Harrow Children’s Services and the improved service inspection results across the Directorate be noted, including that all Harrow Children’s Services social care settings and services were now graded ‘good’ or ‘outstanding’.

Reason for Decision:  Ofsted requires Directors of Children’s Services to report the performance assessment to an open meeting of the relevant executive body.  This also gives an opportunity to demonstrate the very high level of inspectorate activity and the strong results achieved by the service.

[Call-in does not apply to this decision]

Report of the Corporate Director Place Shaping.

Cabinet received a report of the Corporate Director Place Shaping together with a confidential appendix, which set out the terms agreed for the proposed extension of the lease of Garden House where Gayton Library was located.

The Portfolio Holder for Property and Major Contracts informed Members that the Planning Committee, at its meeting on 6 April, had granted planning permission to use the property as a library for the term of the lease proposed and a new deal had been negotiated.

RESOLVED:  That the extension of the Garden House lease be approved on the principal Heads of Terms set out in the confidential appendix of the officer report, and the Corporate Director Place Shaping, in consultation with the Portfolio Holder for Property and Major Projects, be authorised to agree such additional terms as are required to conclude the lease.

Reason for Decision:  To allow Gayton Library to remain at Garden House and to deliver substantial revenue savings over the term of the proposed lease.

RESOLVED: That, in accordance with Part I of Schedule 12A to the Local Government Act 1972, the press and public be excluded from the meeting for the following item for the reasons set out below:

Appendix to the report of the Corporate Director Place Shaping at item 15.

Cabinet received a confidential appendix to the report of the Corporate Director Place Shaping setting out the Heads of Terms and options considered.

RESOLVED:  That the appendix be noted.

Reason for Decision:  To allow the appendix to be considered in conjunction with the main report at item 15 on the agenda.