Agenda and minutes

There were no apologies for absence.

To invite Councillors to declare any Disclosable Pecuniary Interests and / or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests, and any Party Whip.

Councillors Joe Baker and Debbie Chance declared other disclosable interests in respect of Minute No 43, Pre-Decision Scrutiny – Leisure Services Business Plan and Minute No. 44, Pre-Decision Scrutiny – Leisure Services Restructure., as they were both members of the Executive Committee when the original decisions on these matters were made.  During consideration of the items they took no part in the discussions and left the meeting.  Councillor Pattie Hill chaired the meeting for those two items.

Councillor Tom Baker-Price declared other disclosable interest in respect of Minute No. 36 Worcestershire County Council Safeguarding and Early Help, as he was a member of both the Children and Families Overview and Scrutiny Panel and the Corporate Parenting Board for Worcestershire County Council.

The minutes of the Overview and Scrutiny Committee meetings held on 5^th July and 9^th August, 2018 were submitted for Members’ consideration.

RESOLVED

that the minutes of the Overview and Scrutiny Committee held on 5^th July and 9^th August, 2018 be approved as a correct record and signed by the Chair.

The Group Manager for Safeguarding Services and the Interim Assistant Director of Early Help and Commissioning for Worcestershire County Council presented a report in respect of Safeguarding and Early Help.

It was reported that Worcestershire Children’s Services were the subject of a full Safeguarding Inspection undertaken in October, 2018 by Ofsted, and subsequently had been subject to regular monitoring visits in order to assess progress.

A summary of the inspections was highlighted in the report together with areas for development.   These highlighted some of the significant challenges faced in the services provided to children and young people in Worcestershire, particularly those who were looked after.

Whilst it was acknowledged that progress had been made in improving services for children and young people, it was recognised that further work was required to ensure that the voice of the child was heard and services were making a difference to their lives. The key issues identified were as follows:

·         There was evidence that information was not being shared across all partner agencies in a timely manner.

·         Children’s voices were not being heard at an early stage, which was needed in order for them to receive the right services at the right time.

·         Children that had been removed were not recognised on the Child Protection Plan.

·         There was drift and delays in respect of the child’s outcome.

It was noted that the next monitoring visit was scheduled to take place on 2^nd and 3^rd October, 2018.  These visits would focus on the Family Front Door and relevant Partnerships. A further Ofsted inspection and peer review was also scheduled to take place the following year.

Members requested assurance that the service would not relapse into being inadequate and would be sustainable. Arising from Members’ questions, the following points were addressed:

·         There was a clear plan in place to address the issues and good improvement continued across the whole of the service, including a good after care service.

·         There was strong leadership, commitment and clear decision making in place.

·         During the transition, Worcestershire County Council would continue to challenge staff and constantly strive to improve the effectiveness of agencies’ work to safeguard children and young people.

·         It was important to ensure that children and young people’s voices were heard and they received the right services at the right time.

·         Worcestershire County Council would monitor and scrutinise progress to ensure that there was effective coordination of understanding and activity across the partnership.

The Committee commented on the open and transparent approach adopted by Worcestershire County Council.  To address these problems robust action was being taken by the senior leadership team to improve safeguarding arrangements and working practices.  Members thanked Worcestershire County Council for the improvements that had been made. 

The Committee was informed that Worcestershire County Council was working with elected Members through the Corporate Parenting Board and Scrutiny Panel so that they had better oversight and understanding of the journey of children and young people.  It was acknowledged that engagement with Members had  ...  view the full minutes text for item 36.

The Committee received a report in relation to the Draft Council Tax Support Scheme (CTSS) and Wider Support Framework.  The Executive Director of Finance and Resources provided information on the work undertaken by the Customer Access and Financial Support Service to date in respect of the redesign of the CTSS for implementation by 1^st April 2019.  The report also set out proposals for public consultation.

The report called for the Council to undertake a formal consultation with the major preceptors and the public on the proposed design of a revised scheme, which would take place for eight weeks from 1^stOctober, 2018. The results of the consultation would be presented to the Overview and Scrutiny Committee and Executive Committee in January 2019, with any recommendationsgoing forward to full Council in February, 2019.

The following key issues were highlighted:

·         The CTSS had replaced Council Tax Benefit from 1^st April, 2013.

·         Council had previously agreed a minimum council tax contribution for working age claimants of 20% and 100% for pensioners.

·         There were significant changes to the Universal Credit scheme.   On average 40% of Universal Credit claimants had between eight and twelve changes in entitlement per annum.

·         Since the introduction of Universal Credit a number of challenges had been identified to the administration of the CTS and also the collection of Council Tax generally.

It was proposed that the current means tested scheme should be replaced by a simple income band model. The indicative example of potential Grid Model Approach was provided in the report.

The Executive Director of Finance and Resources informed Members that the Executive Committee would be asked to approve consultation in relation to the draft scheme.  This would involve consultation with a number of agencies, including; West Mercia Police, Herefordshire and Worcestershire Fire and Rescue Service, members of the public and other stakeholders.

It was further reported that a new provision would be included in order to support care leavers who would be provided with 100% Council Tax support up to the age of 21. Additional support would be provided for care leavers aged 21 and up to 25, with support tapering down to the 80% by the age of 25.  

Members were advised that if the new proposals for the scheme were not approved then the current scheme would remain in place.  Any liable person affected by the proposals would be supported through transitional arrangements funded from the Hardship Fund.

In response to a Member question, the Executive Director of Finance and Resources stated that generally the claimant’s benefits would not be suspended unless they failed to provide all the information required.  The claimant would be advised prior to any action being taken.

The Portfolio Holder for Corporate Management, Councillor Tom Baker-Price, informed the Committee that the current scheme had been challenging and had caused confusion for the claimants, where their benefits had sometimes been changed between eight and twelve times in one year.  The scheme would be clear and simple to understand going  ...  view the full minutes text for item 37.

Members considered the Executive Committee minutes from the meeting held on 14^th August, 2018 and the Committee’s Work Programme. The Senior Democratic Services Officer advised that the final report in respect of the Support for Care Leavers Short Sharp Review Task Groupwhich outlined the findings had been considered by the Executive Committee at their previous meeting.  The Executive Committee had amended the group’s proposals and their conclusions would be reported to Council. .

The Chief Executive advised Members that the Corporate Peer Challenge Action Plan was due to be considered at the following Executive Committee meeting.  He suggested that the Overview and Scrutiny Committee should pre-scrutinise this item.

The following items were agreed to be pre-scrutinised:

·         Council Housing Growth Programme.

·         Redditch Business Improvement District.

·         Corporate Peer Challenge Action Plan.

RESOLVED that

1)        the minutes of the Executive Committee held on 14^th August, 2018 be noted;

2)        the Executive Committee’s Work Programme be noted; and

3)        the following items should be added to the Overview and Scrutiny work programme for pre-scrutiny as agreed:

a)     Council Housing Work Programme;

b)     Redditch Business Improvement District; and

c)     Corporate Peer Challenge Action Plan.

a)        Budget Scrutiny Working Group – Chair, Councillor Wheeler

b)        Performance Scrutiny Working Group – Chair, Councillor Wheeler

Councillor Jennifer Wheeler provided verbal updates in respect of the following Working Groups:

a)    Budget Scrutiny Working Group

It was noted that the next Working Group was scheduled to take place on 10^th September, 2018. The Head of Environment was invited to the meeting to answer questions from Members.

b)    Performance Scrutiny Work Programme

Members were advised that previous meetings had been cancelled due to Members availability.  The next was to be arranged.

a)        West Midlands Combined Authority (WMCA) Overview and Scrutiny Committee – Council representative, Councillor Chalk; and

b)        Worcestershire Health Overview and Scrutiny Committee (HOSC) – Council representative, Councillor Chalk.

The following updates were provided in respect of External Scrutiny Bodies:

a)    West Midlands Combined Authority Overview and Scrutiny Committee

Councillor Michael Chalk advised that he and Councillor Julian Grubb attended the West Midlands Combined Authority (WMCA) Overview and Scrutiny Committee meeting held on 4^th September, 2018. 

Two reports on purple paper were presented at the meeting in respect of the Proposed Business Support Package and Bus Operator Recharging Proposal.

There was due to be a question and answer session for the WMCA Mayor in relation to Housing, Transport and Air Quality.  Councillor Michael Chalk requested that if Members had any questions they should send them to him as soon as possible.

b)           Worcestershire Health Overview and Scrutiny Committee (HOSC)

Members were informed that the next meeting of the Health Overview and Scrutiny Committee was due to be held on 19^th September 2018.

The Senior Democratic Services Officer presented the Overview and Scrutiny Committee’s Work Programme for 2018/19. Members were informed that the Cabinet Member for Health and Wellbeing had confirmed that he would be attending the meeting of the Committee in December, 2018, together with an officer from the County Council and a representative from Worcestershire Health and Care Trust in order to provide an update in relation to Sexual Health Services in Redditch.  He had requested guidance in relation to the points that Members wanted to address and Members were asked to notify Offices as soon as possible about this.

Officers confirmed that the items Members had requested to be pre-scrutinised would be incorporated to the work programme.

RESOLVED that

the Overview and Scrutiny Committee’s Work Programme be noted.

“That, under S.100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following matter(s) on the grounds that it/they involve(s) the likely disclosure of exempt information as defined in the relevant paragraphs (to be specified) of Part 1 of Schedule 12 (A) of the said Act”.

These paragraphs are as follows:

Subject to the “public interest” test, information relating to:

·         Para 3 – financial or business affairs;

·         Para 4 – labour relations matters;

RESOLVED that

under S.100 I of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following matters on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 4 of Part 1 of Schedule 12 (A) of the said Act, as amended:

(i)        Minutes Nos. 43 and 44 - Pre-Decision Scrutiny of Leisure Services Business Plan and Leisure Services Re-Structure. 

(ii)       Minute No. 45 – Pre-Scrutiny decision of the Housing / HRA Overview and Recovery Plan.

Members considered the report in relation to the Leisure and Cultural Services – Local Authority Trading Company Business Case (LATC).  The Executive Director of Finance and Resources provided an overview and highlighted the key areas.

Members were advised on the progress that had been made following approval in March, 2018, to set up a not for profit, Teckal compliant, Local Authority Trading Company (LATC/NewCo) to operate a number of the Council’s Leisure and Cultural Services subject to approval of the final Business Plan.

The Business Plan summary and detailed report had been prepared by V4 Consulting with input from officers and Members which outlined the approach proposed to the delivery of services based upon the Council’s previous Committee decisions, Service Specification and Measures Dashboard.

The themes were highlighted in the report that supported the delivery of the Council’s Strategic Purposes of “Provide Good Things to See, Do and Visit” and “Help me to live my Life Independently.

NewCo would be formally set up and registered following Council approval of the transfer of services to it.  The Company would be constituted in accordance with the governance arrangements approved by Council.

The Council would be asked to formally delegate its powers as Shareholder to a Shareholder’s Committee (constituted of Members) which would oversee the Company and exercise the Shareholder’s powers on behalf of the Council.

A report would be presented to Members in October/November 2018, to establish the Shareholder Committee. It was proposed that to enable the recruitment to take place prior to going live on 1^st December a Member Panel sould be set up to undertake the selection process on behalf of the Shareholder Committee. Members were informed that the recruitment process had commenced this week.  It was further proposed that this panel should comprise the Leader, relevant Portfolio Holder and the leader of the opposition, or their nominees. This panel would be supported by two senior officers of the Council.

The service review and restructuring report for the remaining client side functions had been finalised. Staff and union consultation had been considered at Stage 3a in preparation for future discussions.  However until a formal decision had been made, the detailed consultation and engagement plans would not be formalised. They would be considered in accordance with all statutory requirements and the Council’s Reorganisation and Change Policy.

Officers had consulted with leisure development experts Alliance Leisure Services Ltd (ALS) to look at the potential development opportunities across three of its major facilities.

The investments had received appraisal by V4 to assess the rate of return on the investment to ensure financial viability and delivery of additional income to further develop the facilities in the Borough. The key investments were the Abbey Stadium Development; Palace Theatre, 3G and Parkour, Forge Mill Museum and Pitcheroak Golf Course. Clarity was provided that the Community Centres had been included in the specification since October, 2017 though the allotments would not now be included as previously planned.

Should approval be given to progress to  ...  view the full minutes text for item 43.

Members considered the report in respect of the proposed service restructure for Leisure and Cultural Services.  The Head of Leisure and Cultural Services provided an overview of the proposed changes in relation to the revised management structure for the delivery of Leisure and Cultural Service for both Redditch Borough Council and Bromsgrove District Council.

It was noted that this report should be read in conjunction with the LATC report and would only require a decision on future structures should Members be minded to approve the LATC project.

It was reported that as part of the shared services arrangements between Redditch Borough Council and Bromsgrove District Council a shared Leisure and Cultural Services department was created in August, 2011 with Redditch acting as host authority.   As part of the establishment of the costs for the shared service, staff time was allocated to each authority based upon the amount of work each employee was expected to undertake for that authority.  Operational budgets used to deliver the services were not considered as these were treated as being a matter for each authority and were to be used by officers to deliver the services required by Members.   

It was recommended that the Executive Committee should consider the detailed V4 report and all other information provided and the proposed recommendations to Council were outlined in the report.

The review would be undertaken across all Leisure and Cultural Services to reflect the need to move from a delivery based model to a contract management position.  Relevant staff would be TUPE transferred into the new company.

There were key assumptions that had been used to formulate the response to the change of service model and the proposed shared services structure that was to be implemented for Leisure and Cultural Services.

In order to ensure that the service continued to deliver high quality services that met the expectations of Members and residents, that were sustainable and capable of responding to service need proactively, it was agreed that the Council needed to respond to this change of delivery model constructively and undertake a full service review to bring forward a proposed revised service structure to be implemented as part of the wider project.

A ten week gap was required after the Council took a decision in respect of the company; starting with effect from 17^th September should Council approve the proposals.  However, staff engagement would be undertaken at an earlier stage, which was anticipated to commence on 20^th September, 2018, to ensure that staff were aware of the proposals before the start of formal consultation on 5^th December 2018.  An interim management structure would be put in place to reflect changes within the service from the 1^st October, 2018. 

The Portfolio Holder for Leisure and Tourism, Councillor Michael Rouse, thanked Councillor Pat Witherspoon for her work and contribution in relation to the restructure.

The Head of Leisure and Cultural Services explained that the revised model would potentially bring both Redditch Borough and Bromsgrove District Councils’  ...  view the full minutes text for item 44.

The Deputy Chief Executive presented the Housing / HRA Overview and Recovery Plan and in so doing circulated a presentation for Members’ consideration (Appendix 1).  During the delivery of the presentation the following matters were highlighted for Members’ consideration:

·         Audit reports in 2016/17 had highlighted areas of concern in relation to Housing, particularly Housing Capital.

·         A Senior Contracts Manager had been appointed who had identified issues in terms of compliance with contract management and procurement processes.

·         Eight members of staff had been suspended and had subsequently left the organisation.

·         No evidence had been found of criminality.

·         Since August 2017 there had been a wholesale review of Housing Services.

·         A number of actions had been taken to address the problems that had been identified but more action was needed, as detailed in the report.

·         Whilst the report focussed on Housing Services the findings had implications for the whole of the Council as well as elected Members.

·         All of the financial and contractual issues that had been identified would be detailed in a report that was due to be considered by the Audit, Governance and Standards Committee in October 2018.   The purpose of this report would be to provide Members with assurance.

·         Nationally there were challenges within the housing market, particularly in terms of the availability of social and affordable housing. 

·         Changes to the welfare system, including the introduction of Universal Credit, were impacting on the extent to which people could afford accommodation.

·         Redditch Borough Council managed its own housing stock, comprising 5,800 properties.

·         The Government had introduced a policy that required rents for Council properties to decrease by one per cent per annum.  This policy had been applied over a four-year period.

·         The reduction in rents had had a negative impact on the Council’s Housing Revenue Account (HRA).

·         For the first time the Council had only been able to balance the budget for the HRA for one year rather than three consecutive years.

·         There had been a number of reasons that had meant that the Council could only balance the HRA budget for one year including the reduction and the costs of recruiting interim management during the course of the review.

·         The Council had agreed a business plan for Housing Services in 2012.  However, at the time the financial pressures facing the Council had not been appreciated.

·         Estimates had been provided regarding the financial position of the HRS moving forward depending on the rent position for both Council properties and garages.  These were only indicative models.

·         Culture issues within the workforce had been identified.  This had been one of the most contentious issues identified in the report but Members were advised that this had been highlighted to ensure that the report was open and honest.

·         The culture challenges involved complex issues, including patterns in behaviour.

·         There had been a number of findings in the report including:

-       Management weaknesses.

-       The need for greater performance management of staff.

-       The lack of a shared purpose for Housing Services.

-       A reluctance  ...  view the full minutes text for item 45.