Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

The Chairman will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

The Chairman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

(Director of Governance) To report the appointment of any substitute members for the meeting.

It was reported that Councillor L Hughes was substituting for Councillor N Avey.

To confirm the minutes of the meeting of the Committee held on 18 April 2017.

RESOLVED:

That the minutes of the last Committee meeting held on 18 April 2017 be signed by the Chairman as a correct record.

(Director of Governance) To declare interests in any items on the agenda.

In considering whether to declare a pecuniary or a non-pecuniary interest under the Council’s Code of Conduct, members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a non-pecuniary interest in any matter before overview and scrutiny which relates to a decision of or action by another committee, sub-committee of the Council, a joint committee or joint sub-committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 of the Code of Conduct does not refer to Cabinet decisions or attendance at an overview and scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

Councillor Surtees declared a non-pecuniary, non-prejudicial interest in item 6, ‘Scrutiny of external organisations Princess Alexandra Hospital NHS Trust’, in that he was part of the chaplaincy team at that Hospital.

(Director of Governance) To consider the attached report and undertake appropriate external scrutiny of Princess Alexandra Hospital NHS Trust.

The Chairman introduced three officers from the Princess Alexandra Hospital (PAH) Trust. They were Lance McCarthy (Chief Executive), Stephanie Lawton (Chief Operating Officer) and Nancy Fontaine (Chief Nurse). They were there to respond to the concerns of the Committee in response to the concerns of Care Quality Commission (CQC) regarding aspects of its inpatient, outpatient and medical emergency services and other area of concern.

The PAH officers had been given a list of issues that the Committee wanted to cover and were asked to begin their response.

Mr McCarthy (Chief Executive) started off by referring to the strategic issues that affected the Hospital Trust. He noted that the trust was rated as inadequate and focused on their improvement plan for the CQC where they recommended ‘must dos’ and ‘should dos’. In total they had 38 actions/issues raised. That formed the basis of their quality improvement plan; but they also had over 600 other items that they had to consider and also to tackle any of the underlying issues to prevent them happening again. They have a good framework on theses actions and know everyone that would be leading on them. Reporting up to the executive team and then on to the Trust Board on a bi-monthly basis. Also, as part of being in special measures, they also have a monthly governance oversight meeting with the CQC and NHS Support.

They have a detailed structure in place focusing around the areas of most concern such as emergency care and end of life care. They were continuing to make really good progress against both of these. That was part of a general update of the improvement plan.

Ms Fontaine (Chief Nurse) noted the on receipt of the CQC findings they took an extremely serious view and took immediate action on the mortuary situation, where it was deemed to be substandard. It was important to known that there was at no point any detrition of any of their patients within that area. The capital programme for the renovation of the mortuary was programmed as a “to do”, but was delayed as the finance was needed for something else, but it was never not going to be done. The Human Tissue Authority, the authority responsible, inspected us in December and stated that we had met the required standards. That was important to note because around the ‘end of life’ issues it was around the mortuary service provision and resource. The Trust was now working with partners around Hertfordshire and Essex as well as Community Trusts who commissioned services from us. They have also appointed a specialist consultant clinician for ‘end of life’. The CQC had now commented on the compassionate care we now deliver. Although it was not always possible or in their gift to transfer patients to a hospice or preferred place of care that they wished to go to. And, according to their STP partners they were state of the art in that they were leading with their commissioners and Community Trust  ...  view the full minutes text for item 5.

(Director of Governance) The Cabinet’s forward plan of key decisions is reviewed by the Committee at each meeting, to provide an opportunity for the scrutiny of specific decisions to be taken over the period of the plan. Wherever possible, Portfolio Holders will attend the Committee to present forthcoming key decisions, to answer questions on the forward plan and to indicate where appropriate work could be carried out by overview and scrutiny on behalf of the Cabinet.

The Committee considered the Council’s corporate priorities and programme of key decisions for 2017/18. The committee went through the plan page by page asking questions as appropriate.

Councillor Murray asked for an update on the Civic Offices review under the Leader’s portfolio. Councillor Chris Whitbread said that a report had gone to the Cabinet and they were presently looking at options available. A regular updating report would be going to a Cabinet meeting.

Councillor Murray asked about the relocation of the Oakwood Hill Depot as listed under the Housing Portfolio. He wanted to know if there had been an impact assessment carried out on the Oakwood estate. Councillor Whitbread replied that there will be a planning application made for this site. He noted that the depot was well sited for our use, as there was a lot of space there. An officer working group was also monitoring this. Mr Macnab, the Director of Neighbourhoods said that there had been no complaints received during the construction phase and no complaints since the Grounds Maintenance section had started working there.

Councillor Sartin asked about the new policy to be adopted on Houses of Multiple Occupation, would this go out to consultation. She was told that it should do.

Councillor Murray asked about the Housing Allocations and Tenancy Policy, would there be any major changes? Councillor Whitbread responded that a review had gone to Cabinet, in which they were looking to see how it worked for local people.

Under the Safer, Greener and Transport Portfolio, Councillor Patel asked about the Council’s strategy in dealing and engaging with the slightly older young people, (in the 18 to 25 age group) on radicalisation issues. Councillor Waller, the Portfolio Holder said that they engage with the younger age groups, but the older age group had been neglected in the past; but they would look at this for the future. Mr Macnab added that this would be something for the Community Safety Partnership to look at and report back in the future.

RESOLVED:

That the Council’s corporate priorities and programme of key decisions for 2017/18 be considered and noted.

The Leader of the Council will present the key actions for 2017/18 arising from the Council’s current Corporate Plan.

The Leader of the Council, Councillor C Whitbread introduced the key action plan for 2017/18 that arose from the Council’s current Corporate Plan. He noted that the report started with Council’s finance. He observed that over the last decade the council has been able to protect front line services, where other councils across the country have struggled to do so. Not only that, but the Council tax has been frozen for the past seven years, so over this long period of time the share of the District Council’s tax has actually fallen if inflation was taken into account. So their medium term aspiration was to remain a low tax council authority and to protect the front line services. Over the years we have made much better use of its assets, such as Oakwood Hill, St John’s redevelopment scheme, the Epping Forest Shopping Park, the housebuilding programme and North Weald Airfield. The Shopping Park when it comes on-stream would deliver £2.7million income a year to the council’s finances; St. John’s road would be a key asset and bring in local jobs, playing our part to make sure that the younger people have jobs for the future.

Another thing to be proud of was the Council Housebuilding programme, noting that just recently the first keys were handed over but could not be widely publicised because of the impending election. One of our largest assets was North Weald where we were looking to make the best possible use of and this was in our action plan.

Councillor Baldwin asked what assets we had at North Weald in the airfield and how were we developing those assets. Councillor Whitbread noted that our asset base was akin to a small London Borough, we have a lot and it may be worth arranging a tour to look at these assets. The airfield was a major purchase in the 1980s, providing a whole range of facilities from flying, the Saturday market which has provided a great deal of income over the years and over the years have also built a large number of houses there. We also acquired a large number of houses at that time as well. With such an asset it was the council’s duty to keep it well run and provide income for the district in the years ahead.

Councillor Whitbread continued with the corporate plan and considered the finances and partnership working and deriving income or revenue from doing this. One of the key things was our work with the Lowewood Museum on behalf of Broxbourne Borough Council, which we now manage on their behalf. We also have a first class team that gets the Council first class external funding that enable us to do many of the “added value” things, something for members to be aware of.

Councillor Wixley asked what was the National Portfolio Organisation status from the Arts Council England. Mr Macnab said that it was an accreditation that the museum had been awarded that allows us to act on  ...  view the full minutes text for item 7.

(Head of Transformation) To consider the attached report.

The Director of Neighbourhoods, Mr Macnab, introduced the outturn figures (quarter 4) for the corporate plan key objectives for 2016/17. It was noted that the range of objectives for 2016/17 was adopted by the Cabinet in February 2016. Progress in relation to individual actions and deliverables was reviewed by the Cabinet and the Overview and Scrutiny Committee on a quarterly and outturn basis.

The Chairman then went through the plan page by page.

Councillor Sartin noted that under item 5 on page 79, ‘work in partnership with Moat Housing to commence the development of the council garage site’ that the status was described as ‘None’. What did this mean? She was told that that action was now closed – although the terminology used was confusing.

Councillor Sartin asked about item 10 on page 82, ‘…the provision of the affordable rented homes at the council owned site at Pyrles Lane…’. Did we have phase 4 permission? Councillor Griggs, the Asset Management and Economic Development Portfolio Holder said that they now had received planning permission.

Councillor Surtees noted that several items at the bottom of page 85 and at the top of page 86 were listed as being ‘behind schedule’. Why was this? Councillor Whitbread said that he would answer this fully in the Council Bulletin.

Councillor Sartin noted that item 3 on page 94 the status said ‘achieved’ or were they just progressing? Councillor Philip said that he would get back to her on this.

RESOLVED:

That the position in relation to the achievement of the Council’s key objectives for 2016/17 be noted.

(Director of Governance) to consider the attached report.

The Committee considered the re-establishment of the Select Committee for 2017/18 and their Terms of Reference and Work Programmes for each of the Committees.

On consideration of the four terms of reference it was noted that item 1 in the ToR of the Neighbourhoods Select Committee should be revised to read “To undertake overview and scrutiny, utilising appropriate methods and techniques of services and functions of the Neighbourhood Directorate.” The same went for the equivalent item in the Resources Select Committee’s ToR. This was agreed.

Councillor Neville suggested that it should be added to the Neighbourhoods Select Committee’s work programme that the Essex Passenger Transport officers be invited to a future meeting. Councillor Bedford, the Chairman of the Select Committee noted that this had been agreed.

RESOLVED:

That the four Select Committees be re-established and their Terms of Reference and Work Programmes as amended, be agreed.

Decision Required:

(1)        To appoint members to the following Select Committees in accordance with pro-rata in the proportions (Report and full name list to follow):

(2)        To consider requests for appointments to Select Committees by non affiliated members; and

(3)        To appoint a Chairman and a Vice Chairman to the following Select Committees:

(4)        To appoint Members, Chairman and Vice-chairman to the Transformation Task and Finish Panel.

Select Committees

1.         (Director of Governance) The Council has agreed that pro rata apply to Overview and Scrutiny Select Committees only. The Overview and Scrutiny rules provide that the memberships must reflect pro rata requirements and the lowest number of members required to achieve cross-party representation whilst allowing the inclusion of members who are not members of a political group or are not members of the Overview and Scrutiny Committee.

2.         The Committee are asked to make appointments to Select Committees in accordance with the Overview and Scrutiny Procedure rules.

3.            Nominations to Chairman and Vice Chairman of these Select Committees are excluded from the calculation required under the Council's protocol regarding allocation of Chairman and Vice-Chairman positions between the political groups.

4.         Nominations to the Select Committees, which may be submitted up until the day of the meeting, were sought through officer liaison with the Group Leaders and via the Appointments Panel. A list of nominations will be tabled at the meeting.

Task and Finish Panels

5.         Task and Finish Panels will:

·         have Members, Chairman and Vice Chairman appointed by the Overview and Scrutiny Committee;

·         have memberships which need not be based on pro-rata rules and be flexible as to the number of Councillors appointed to the membership. There will be no restriction on the numbers appointed;

·         have memberships which represent the minimum number necessary to adhere to their work programme.

6.         Any member of the Council may be a member of a Task and Finish Panel, save that a member of the Cabinet may not be a member of any Panel which deals directly with matters within the responsibility of their Portfolio.

Article 6 of the Council’s Constitution required that the Committee determined the number of select committees and reviewed them. In addition, the membership of the select committees was to be appointed by the Overview and Scrutiny Committee at the first meeting each year, as such appointments were reserved to the Committee and not made by the Council.

RESOLVED:

(1)  That, in order to reflect pro rata and achieve the cross party rules of the Council’s Constitution, each of the select committees comprise 15 members for 2017/18;

(2)  That, the appointments to the select committees annexed to these minutes be adopted; and

(3)  That, appointments be made to the position of Chairman and Vice-Chairman of each select committee for 2017/18, as set out in the appendix to these minutes.

Recommendation:

To consider and agree the draft Terms of Reference for the Transformation Task and Finish Panel.

At its April 2017 meeting, the Overview and Scrutiny Committee agreed to the establishment of a Task and Finish Panel, on the recommendation of the Resources Select Committee. The Task and Finish Panel was to consider what the Resources Select Committee needed to scrutinise over the next few years on the Transformation Programme. The wording came out of a special meeting of the Resources Select Committee, on 10 April 2017, convened to look at how to handle this major piece of work.

A draft Terms of Reference arising from this meeting is attached for consideration along with the original PICK form. Members are asked to consider and comment on the draft terms attached.

The Committee considered the setting up of the new Transformation Task and Finish Panel, its terms of Reference and its membership.

A draft Terms of Reference was tabled at the meeting by Councillor Patel the originator of the PICK form that asked to the Transformation Programme to be scrutinised. This ToR was considered by the Committee and agreed and is attached as an appendix to these minutes.

The Committee then considered the nominations for membership of this Task and Finish Panel and agreed that the following Councillors be agreed as members of the T&F Panel:

Councillors: N Avey, R Baldwin, R Bassett, N Bedford, R Brookes, K Chana, D Dorrell, S Heap, L Hughes, S Kane, A Patel, M Sartin, B Surtees and H Whitbread.

And that Councillor A Patel be appointed as the Chairman and that Councillor S Kane be appointed as Vice-Chairman.

It was noted that the first meeting of the new Panel would be held on 29 June 2017.

RESOLVED:

That the new Task and Finish be established, the Terms of Reference as attached be agreed and the membership as indicated above, be agreed.

(Director of Governance) to consider the attached report.

The Committee received the Overview and Scrutiny Annual Report for 2016/17 from the Democratic Services Manager.

Further to the Overview and Scrutiny Committee meeting held on 18 April 2017, the annual report had been amended incorporating comments made by the committee at that meeting. Members were asked to agree the report for referral to the full Council for its 27 July 2017 meeting.

RECOMMENDED:

That the Annual Overview and Scrutiny Report for 2016-17 be recommended to the Full Council for its meeting on 27 July 2017.

(Director of Governance) Progress towards the achievement of the work programmes for the Overview and Scrutiny Committee and each of the select committees, is reviewed by the Committee at each meeting.

(a)          Current Work Programmes

The current overview and scrutiny work programmes are attached.

(b)          Reserve Programme

A reserve list of scrutiny topics is developed as required, to ensure that the work flow of overview and scrutiny is continuous. When necessary, the Committee will allocate items from the list appropriately, once resources become available in the work programme, following the completion of any ongoing scrutiny activity.

Members can put forward suggestions for inclusion in the work programme or reserve list through the adopted PICK process. Existing review items will be dealt with first, after which time will be allocated to the items contained in the reserve work plan. A PICK form is attached.

The Overview and Scrutiny Committee’s work programme for the coming year was reviewed.

The Committee agreed that although item 1 of the programme to get ECC Highways Services to attend a meeting had been unsuccessful so far that officers should persevere and continue to try and get them here. In the first instance the Chairman of the Committee should write to the new Portfolio Holder, copying in the leader of the council and our divisional representatives asking him to reconsider their attendance at one of our meetings.

It was also agreed to programme in a follow up visit from Princess Alexandra Hospital NHS Trust at the end of this municipal year. Also to have Transport for London and Epping Forest College do a return visit. This was agreed.

(Director of Governance) To consider and agree appropriate lines of questioning for external organisations due to attend future meetings of the Overview and Scrutiny Committee for the purposes of external scrutiny of local services. Such external scrutiny arrangements are detailed in the work programme for the Committee, which is set out elsewhere in this agenda.

Noted that there was nothing coming up that needed to be discussed.

(Director of Governance) To receive questions submitted by members of the public and any requests to address the Committee.

(a)         Public Questions

Members of the public may ask questions of the Chairman of Overview and Scrutiny Committee at ordinary meetings of the Committee, in accordance with the procedure set out in the Council’s Constitution.

(b)        Requests to address the Overview and Scrutiny Committee

Any member of the public or a representative of another organisation may address the Overview and Scrutiny Committee on any agenda item (except those dealt with in private session as exempt or confidential business), due to be considered at the meeting.

It was noted that there were no public questions or requests to address the committee.

(Director of Governance) To consider any matter referred to the Committee for decision in relation to a call-in.

There were no call-in of decisions to be considered.