Agenda and minutes

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Members:-

To appoint a Vice-Chairman for the Municipal Year 2010/11.

RESOLVED:  To appoint Councillor Paul Osborn as Vice-Chairman of the Call-In Sub-Committee for the 2010/2011 Municipal Year.

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

(a)               all Members of the Sub Committee;

(b)               all other Members present.

RESOLVED:  To note that the following interests were declared:

Agenda Item 4 - Minutes

Councillor Paul Osborn declared an interest in that he had been the Portfolio Holder for Performance, Communication and Corporate Services and had taken the decision in relation to the Learning and Development Project which had been the subject of a call-in notice.  He would remain in the room whilst the matter was considered but would not vote or take part in the discussion on this item.  He indicated that he would leave the room if there was to be discussion on this item.

Agenda Item 6 – Call-In of the Decision of Cabinet Meeting held on 7 April 2011:  Grant Funding 2011-12

Councillor Nana Asante, who was not a member of the Sub-Committee, declared personal interests in that she was the Chair of the Grants Advisory Panel and Flash Musicals was based in her ward.  She would remain in the room whilst the matter was considered and voted upon.

Councillor Camilla Bath, who was not a member of the Sub-Committee, declared a personal interest in that she was the Chair of Bentley Priory Nature Reserve.  She would remain in the room whilst the matter was considered and voted upon.

Councillor Margaret Davine, who was not a member of the Sub-Committee, declared personal interests in that Flash Musicals was based in her ward, she was a Trustee of Relate North West London and the Chair of the Women’s Centre Management Committee.  She would remain in the room whilst the matter was considered and voted upon.

Councillor Tony Ferrari declared a personal interest in that he had previously been a Member of Cabinet when decisions in relation to grant funding were made in 2010.  He would remain in the room whilst the matter was considered and voted upon but would leave should the interest become prejudicial.

Councillor Ann Gate declared personal interests in that her husband was a member of Cabinet, but had left the meeting prior to the decision on Grant Funding, and was also a Trustee of Harrow Association of Voluntary Service (HAVS).  She would remain in the room whilst the matter was considered and voted upon.

Councillor Brian Gate, who was not a member of the Sub-Committee, declared personal interests during the course of the meeting in that he was a member of Cabinet, a Trustee of Harrow Association of Voluntary Service (HAVS), a member of the Citizens’ Advice Bureau and had been a member of the Overview and Scrutiny Committee that had considered the grants process.  He would remain in the room whilst the matter was considered and voted upon.

Councillor Paul Osborn declared a personal interest in that he had previously been a Member of Cabinet from 2006-2010 and whilst he was absent from the Cabinet meeting in September 2009 that had considered the proposed assessment process he was present at the meeting in March 2010 when decisions in relation to grant funding were made.  He would remain in the room whilst  ...  view the full minutes text for item 3.

That the minutes of the meeting held on 22 September 2009 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 22 September 2011, be taken as read and signed as a correct record.

The Chair drew attention to the document ‘Protocol for the Operation of the Call-In Sub-Committee’ which was included with the agenda papers and read paragraphs 5 and 8 to the meeting. In accordance with Committee Procedure Rule 46.5, a notice seeking to invoke the call-in procedure must state at least one of the following grounds in support of the request for a call-in of the decision:-

(a)               inadequate consultation with stakeholders prior to the decision;

(b)               the absence of adequate evidence on which to base a decision;

(c)               the decision is contrary to the policy framework, or contrary to, or not wholly in accordance with the budget framework;

(d)               the action is not proportionate to the desired outcome;

(e)               a potential human rights challenge;

(f)                 insufficient consideration of legal and financial advice.

He emphasised that the Sub-Committee were not able to change the decision made by Cabinet.

The following documents are attached:-

a)     Notices invoking the Call-ins

b)     Minutes of the Cabinet Meeting held on 7 April 2011

c)      Report submitted to the Cabinet Meeting held on 7 April 2011

The Chairman welcomed representatives of Harrow and Wealdstone Shopmobility and of Harrow Association of Disabled people (HAD), Harrow Mencap and Flash Musicals as the signatories to two call-in notices to the meeting.  He also welcomed the Portfolio Holder for Community and Culture, who was in attendance to respond to the call-in as part of a requirement of that process, the Corporate Director of Community and Environment and the Divisional Director of Community and Culture.  In accordance with Committee Rule 4.1.1, the Sub-Committee agreed that the Portfolio Holder for Finance and Business Transformation could speak at the meeting.

The Chairman, prior to the commencement of the consideration of the call-ins in relation to the decision made by Cabinet on 7 April 2011 on Grant Funding 2011/12, outlined the procedure to be followed at the meeting.  The call-in notice submitted by Harrow and Wealdstone Shopmobility contained 537 signatures and the notice submitted by HAD, Harrow Mencap, Flash Musicals and Harrow in Europe contained 421 signatures.  The representatives of the signatories to both notices confirmed that their call-in related to resolution (1) of the Cabinet decision.  The Chairman sought clarification as to the grounds for the call-ins and it was confirmed that Harrow and Wealdstone Shopmobility had cited 3 of the grounds set out in the Protocol (a, d and e) whilst the representatives of HAD, Harrow Mencap, Flash Musicals confirmed that 5 grounds (a,b,d,e and f) had been cited.

The Sub-Committee received the two notices that had invoked the call-in procedure, the report of the Corporate Director of Community and Environment submitted to Cabinet on 7 April 2011 on Grant Funding 2011/12 and the relevant minute of that meeting.  The Chairman invited Angela Dias (HAD), Deven Pillay (Harrow Mencap), Tony Revill (Flash Musicals), Gabrielle Branch and John Allright (Harrow and Wealdstone Shopmobility) to speak on behalf of the signatories.

Angela Dias, Deven Pillay and Tony Revill outlined each of the grounds raised in the call-in notice.  It was stated that a large number of service users would be affected by the Cabinet decision, staff could lose their jobs and Flash Musicals would not be able to function without the required funding.  The representatives stated that the decision meant that people with disabilities were being discriminated against.  During the course of their presentation, the representatives made the following additional points:

·                     The Grants Advisory Panel had not had sufficient time to look at the papers as they had been circulated the day before the meeting instead of the 5 clear working days required by the Council’s Constitution.  The Panel should have considered the Equality Impact Assessments (EIA).

·                     Cabinet had not agreed its Panel’s recommendations.

·                     The appeals process was too narrow was felt to lack a level of openness and integrity.

·                     The adverse effects of the Cabinet decision on service users had not been assessed.  Services provided by Harrow Mencap and Flash Musicals enabled users, who might otherwise suffer health problems, to work.  In addition, special needs workshops and  ...  view the full minutes text for item 6.

In accordance with the provisions of Committee Procedure Rule 14 (Part 4B of the Constitution) it was

RESOLVED:  At 9.30 pm to continue in the normal manner and complete the business remaining on the agenda.