Agenda and minutes

Apologies for absence were received on behalf of Councillor Rogers.

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.

There were no declarations of interest nor of party whip.

To invite members of the public who have registered in advance of the meeting to speak to the Committee.

There were no public speakers registered to speak at this meeting.

The report will follow in a supplementary pack for the meeting after the report has been published for the meeting of Executive Committee (due for publication on Monday 7^th October).

The Specialist Lead Officer (Contaminated Land) from Worcestershire Regulatory Services (WRS) presented the Contaminated Land Inspection Strategy. It was explained that six Districts across Worcestershire would be looked at as part of the review, although not in any particular order. It was noted, however, that the Redditch Borough review was the first area to undertake such a review due to the number of contaminated land sites within the Borough. 

During the presentation of the report the following was highlighted:

• Part 2A of the Environmental Protection Act 1990 placed a duty on local authorities to review and assess risks through the contaminated land regime. On occasions, local authorities could cause their area to be inspected in order to ensure that this regime was being adhered to. The term ‘Contaminated Land’ covered a range of sites including petrol stations, factories, depots and launderettes. The presence of a harmful substance did not mean that land would meet the definition of “contaminated land”. However, it was reported that a very high bar must be met in order to deem it as not contaminated.
• Statutory guidance stated that action under contaminated land legislation should only be used when there was no other appropriate alternative. These included the planning and development control processes, as well as voluntary action taken by landowners to minimise the unnecessary burdens placed on taxpayers, businesses, and individuals.
• The new strategy had been amended in order to reflect the gradual reduction and withdrawal of central Government funding for Local Authority contaminated land work. It also outlined the inspection process, and the methodology applied.
• The strategy did not change the statutory responsibilities, and local authorities still had to adhere to the current statutory guidance.
• There were nine thousand three hundred contaminated land sites across Worcestershire and seven hundred and fifty of these were located in Redditch. This would necessitate a large number of inspections and investigations being carried out.

Following the presentation, Members raised questions in respect of some areas of the report, as follows:

• Assurances were sought that the Contaminated Land Inspection Strategy was sufficient to prevent examples of contamination events such as the high-profile case which occurred following a flooding in Surrey in 2014 where water infiltration through a landfill site resulted in (contamination) hydrogen cyanide entering a property, resulting in a case of death and long-term disability. Officers explained that the strategy covered the local authority’s legal duties in relation to contaminants but that the Strategy could not mitigate against all possible risk. Nevertheless, the Strategy provided a framework on how contamination risks would be addressed.
• It was reported that ongoing risk monitoring was being undertaken at the contaminated land sites in Redditch, Former British Aluminium Tubes, Studley Road, and Properties at Marlpool Drive. Present The former BA Tubes site was remediated in 2017 and Marlpool Drive site had been remediated but subject to active remediation solution and monitoring.
• Who was the responsible party when it came to remediation of contaminated land sites? - It was explained that this  ...  view the full minutes text for item 38.

As per the resolution agreed by Overview and Scrutiny on 2^nd September 2024, the Chairman of Worcestershire Health Overview and Scrutiny Committee (HOSC) and the representative from Herefordshire and Worcestershire Health and Care NHS Trust (H&W NHS Trust) have been invited to attend to discuss the subject of the reconfiguration of Adult Mental Health Inpatient and Rehabilitation Services, Redditch, and the closure of Hill Crest Ward.

The Chairman of Worcestershire Health Overview and Scrutiny Committee (HOSC) alongside representatives from the Herefordshire and Worcestershire Health and Care NHS Trust (the Trust) and NHS Herefordshire and Worcestershire Integrated Care Board (ICB) were introduced.

The HOSC Chairman explained that the Worcestershire County Council’s Health Overview and Scrutiny (HOSC) was the only committee in the county to which the different NHS organisations were required by law to consult when any changes to health services were planned. HOSC could ask the relevant health professionals to attend its meetings to explain the change of service. It was reported that officers appeared before HOSC on a number of occasions to update on the situation concerning the Hill Crest mental health unit.

It was explained that the Hill Crest Mental Health ward was for acute care designed to admit people experiencing mental health difficulties, including patients detained under the Mental Health Act, for a period not exceeding one month.

The Trust’s Director of Nursing provided background information into the situation at Hill Crest ward. It was explained that patient safety and quality of care concerns at the Hill Crest ward were highlighted in July 2022, following which discussions took place with the Care Quality Commission (CQC) that triggered the first intelligence-led CQC inspection of Hill Crest ward.

During the CQC inspection in February 2023, concerns were identified which included poor patient experience in relation to insufficient staff to allow escorted leave from ward or supervised use of garden areas, lack of therapeutic activity for patients, and high use of temporary staffing. It was stated that many of the issues with Hill Crest ward had been identified prior to the 2023 inspection, and an Improvement Plan to restore safe operations within Hill Crest had been in place from September 2023. To lead the development and implementation of the Improvement Plan, the Trust and the ICB took the decision to appoint an Improvement Director to lead the development and implementation of that Plan.

It was reported that improvement in operations had subsequently been noted. Currently, there was a provision of 14 beds at the unit, which was deemed the safest level of provision. However, there were inherent environmental constraints with the Hill Crest building as it is a large, ‘sprawling’ ward, with a number of blind spots, which presents challenges for staff to provide good levels of observation to supervise the patients. Members were informed that in an acute mental health ward, there were safety risks related to patients detained at the ward becoming suddenly unwell, for example engaging in attempted self-harm or suicide. Therefore, observation by staff was required but the layout of the Hill Crest ward presented significant challenges in this.

There were also safety concerns arising from the ward’s isolation from other mental health wards. Although the Hill Crest ward was on site of Alexandra Hospital in Redditch, the mental health ward was run by Herefordshire and Worcestershire Health and Care NHS Trust (the Trust), whereas the rest of the hospital was managed  ...  view the full minutes text for item 39.

The Committee is asked to consider the Terms of Reference for the Post-16 Education Task Group.

The Post-16 Education Task Group – Draft Scoping Document / Terms of Reference were presented for Members’ consideration.

RESOLVED that

the Post-16 Education Task Group Scoping Document be approved for use as Terms of Reference for the investigation.

The Executive Committee Minutes from the meeting held on 3^rd September 2024 were submitted for information only.

The Executive Committee Work Programme from 1 November 2024 to 28 February 2025 was submitted for Members’ consideration.

The Executive Director reported that an all-Member briefing on Food Waste would be provided on Friday 25^th October.

RESOLVED that

the Executive Committee Work Programme including items agreed to be presented to future meetings of the Overview and Scrutiny Committee for pre-scrutiny be noted.

It was requested that the following items be added to the Overview and Scrutiny Work Programme:

• Review of Cemetery Provision in Redditch – this issue was raised due to the report that the cemetery at Astwood Bank was at risk of running out of burial space. It was suggested that a briefing note on this topic be provided to Members of Overview and Scrutiny.
• Report on the process of becoming a constituent member of West Midlands Combined Authority (WMCA) – Members requested this report, setting out options for Redditch Council regarding this, as it was reported that the current non-constituent status on the WMCA was highly restrictive for the Council in terms of what it could do at regional level. It was deemed suitable to invite an external officer to provide a presentation setting out this topic to Members of Overview and Scrutiny.

RESOLVED that

the Overview and Scrutiny Work Programme be updated to include items detailed in the pre-amble above.

a)          Budget Scrutiny Working Group – Chair, Councillor Warhurst

b)          Performance Scrutiny Working Group – Chair, Councillor Warhurst

c)           Fly Tipping and Bulky Waste Task Group – Chair, Councillor Dormer

d)          Post-16 Education Task Group – Chair, Councillor Warhurst

Updates on Task Groups and Working Groups were provided as follows:

a)    Budget Scrutiny Working Group – Chair, Councillor Warhurst

It was reported that the next meeting was to take place on 21^st November 2024.

b)    Performance Scrutiny Working Group – Chair, Councillor Warhurst

The next meeting was due to take place on 16^th October 2024.

c)     Fly Tipping and Bulky Waste Task Group – Chair, Councillor Dormer

The next meeting of the Group was scheduled for 6^th November 2024.

d)    Post-16 Education Task Group – Chair, Councillor Warhurst

The first meeting of this Group had been arranged for 23^rd October 2024. The Terms of Reference for this Group had been agreed at tonight’s meeting.

RESOLVED that

the Task Groups, Short Sharp Reviews and Working Groups Update Reports be noted.

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

b)          West Midlands Combined Authority (WMCA) Transport Delivery Overview and Scrutiny Committee, Councillor Munro; and

c)           Worcestershire Health Overview and Scrutiny Committee (HOSC) – Council representative, Councillor Munro.

Updates on the meetings of External Scrutiny Bodies were provided by the representatives as follows:

a)    West Midlands Combined Authority (WMCA) Overview and Scrutiny Committee – Council Representative, Councillor Kane

Councillor Kane reported that no meeting had taken place since the last update to the Committee.

b)    West Midlands Combined Authority (WMCA) Transport Delivery Overview and Scrutiny – Council Representative, Councillor Munro

Councillor Munro reported that at the last meeting issues concerning traffic management within the metro area were discussed. One topic of relevance to Redditch was about policing of unnecessary cars left idling, especially around schools. Councillor Munro commented, however, that enforcement of this issue would be difficult in Redditch given the current level of parking enforcement carried out.

It was noted that the County Council had delegated responsibility for parking enforcement to district and borough councils (lower-tier authorities) including Redditch. This was in turn carried out by Wychavon District Council on behalf of the authority. However, Members commented that they felt there were issues with the current parking enforcement arrangement, including the relationship with the County Council. It was suggested that the Leader of the Council should raise this matter with the other Leaders at County level. The Leader agreed that he would raise this issue.

c)     Worcestershire Health Overview and Scrutiny Committee (HOSC) – Council Representative, Councillor Munro.

Councillor Munro reported that the last meeting took place on 11^th October, with the main topic discussed relating to improvements to the cancer pathway. Councillor Munro reported that the Herefordshire and Worcestershire NHS Health and Care Trust had been placed in tier 1 for its cancer performance by NHS England. This meant that the service was performing poorly, requiring the highest level of support and monitoring. However, the service had been improving and it was now in tier 2 (requiring less support from NHS England) and was expected to move to tier 3 by the end of 2024.

In terms of cancer diagnosis and treatment, it was reported that Herefordshire and Worcestershire NHS Health and Care Trust performed above national targets as of July 2024. 80.75 per cent of patients received their diagnosis within 28 days which is higher than national target of 77 per cent. 71.28 per cent of patients were treated within 62 days which was higher than national requirement by March 2025 of 70 per cent.

Councillor Munro updated the Committee about the proposals for a new Community Diagnostic Centre in Worcestershire. The location was to be decided and Councillor Munro reported that there was an opportunity for Redditch to be chosen as location. Redditch Members were urged to show support and promote the proposal for a Community Diagnostic Centre to be located in Redditch as it was a much-needed facility for the community.

RESOLVED that

the External Scrutiny Bodies updates 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 1 – any individual;

·         Para 2 – the identity of any individual;

·         Para 3 – financial or business affairs;

·         Para 4 – labour relations matters;

·         Para 5 – legal professional privilege;

·         Para 6 –  a notice, order or direction;

·         Para 7 – the prevention, investigation or prosecution of crime;

                     and may need to be considered as ‘exempt’.

It was agreed that exclusion of the public and press was not necessary in relation to Minute Item 51. Minutes as it was agreed that no information relating to exempt minutes records would be discussed. The meeting remained in public session for its entire duration.

The minutes of the meetings of Overview and Scrutiny Committee which took place on 29^th August and 2^nd September 2024 will be considered at this meeting.

Please be advised that should Members wish to discuss the content of the exempt records of these meetings, the Committee will need to consider moving into private session and exclude the public and press from participation in this part of the meeting.

The minutes of the meetings of Overview and Scrutiny which took place on 29^th August and 2^nd September 2024, including the exempt records of items discussed in exempt session at those meetings, were submitted for Members’ consideration.

RESOLVED that

the minutes of the meetings of the Overview and Scrutiny Committee held on Thursday 29^th August and Monday 2^nd September 2024 be approved as a true and correct record and signed by the Chair.