Agenda and minutes

(Corporate Communications Manager) This meeting is to be webcast and the Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet and will be capable of subsequent repeated viewing, with copies of the recording being made available for those that request it.

By being present at this meeting, it is likely that the recording cameras will capture your image and this will result in your image will becoming part of the broadcast.

You should be aware that this may infringe your human and data protection rights, and if you have any concerns then please speak to the Webcasting Officer.

Please could I also remind Members and Officers to activate their microphones before speaking.”

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.

(Democratic Services Manager) To report the appointment of any substitute members for the meeting.

The Committee noted that the following substitutions had been made:

(i)       Cllr D Stocker for Cllr I Hadley; and

(ii)      Cllr J Share-Bernia for Cllr G Mohindra.

(Democratic Services Manager) To confirm the minutes of the meeting of the Committee held on 19 November 2019 (previously circulated).

          Resolved:

(1)      That the minutes of the meeting held on 19 November 2019 be taken as read and signed by the Chairman as a correct record.

(Monitoring Officer) To declare interests in any item on the agenda.

In considering whether to declare a pecuniary or a non-pecuniary interest under the Council’s Code of Conduct, Members are requested to 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 & Scrutiny which relates to a decision of or action by another Committee or 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 & Scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

(Democratic Services Manager) To receive questions submitted by members of the public and any requests to address the Committee, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

(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 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.

The Committee noted that no public questions or requests to address the meeting had been received.

(Democratic Services Manager) To consider any matter referred to the Committee for decision in relation to a call-in, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

The Committee noted that no executive decisions had been called-in for consideration since the previous meeting.

(Democratic Services Manager) To consider the attached report.

The Democratic Services Manager introduced Ms A Green, Director for Local Delivery in West Essex, and Ms M McGrath, Director of Commissioning, from Essex County Council to the Committee.

Ms A Green informed the Committee that Essex County Council had spent £590million on Adult Social Care in 2018/19; they had supported over 17,000 adults but had also received 33,500 new requests for support. In Epping Forest alone, 1,182 people were being supported, of which the majority were elderly, across a range of support needs. The Service had been implementing a Transformation Strategy over the previous 18 months, working with other health bodies and District Councils to move towards a preventative and early intervention model, as it was felt that the level of dependency could be minimised if intervention occurred earlier. This should lead to more people being supported in their homes, but it was acknowledged that there would always be some vulnerable people who would require 24-hour care.

Ms M McGrath reported that the Service was currently working on a number of programmes. One of these programmes was working with people who were suffering from learning difficulties and autism. One challenge for people with learning difficulties was that they tended to acquire dementia at an earlier age, so the programme was focusing on trying to get such people back into employment. The Service was also developing a programme to work more closely with Carers, who were critical in providing ongoing support. The focus of this programme was keeping people in their own homes and supporting them in their own homes. Other programmes concentrated on the use of technology to support people, and some interesting pilot projects were in place, as well as supporting people with mental illness to live more fulfilled lives. The overarching aim of the Service was how to work with people on a more personal basis, and give them a degree of choice over their care.

Cllr S Neville enquired about the inter-agency work that the Service undertook, particularly in relation to people with mental health issues to support and improve their lives. Ms M McGrath explained that the Service was involved in many partnerships across Essex; the National Health Service (NHS) in particular was a key partner as they accounted for 80% of the Service’s referrals. District Councils were also a key partner in respect of the provision of housing needs. Physical activity was of huge benefit to people suffering from depression and a significant grant in excess of £1million had recently been received to increase people’s physical activity. Ms A Green added that the Service was determined to shift its focus from a medical model to a more social model for supporting people with mental health issues. This shift in mental health support was being supported by using the available resources in local communities.

Cllr S Murray enquired about a recent article in the Epping Forest Guardian newspaper, which stated that the proposed budget for Essex County Council in 2020/21 was looking to save £24million  ...  view the full minutes text for item 55.

Recommendation:

That the Committee review the Executive’s current programme of Key Decisions to enable the identification of appropriate matters for the overview and scrutiny work programme and the overview of specific decisions proposed to be taken over the period of the plan.

(Democratic Services Manager) Article 6 (Overview and Scrutiny) of the Constitution requires that the Committee review the Executive’s programme of Key Decisions (the Cabinet Forward Plan) at each meeting, to enable the identification of appropriate matters for the overview and scrutiny work programme and to provide an opportunity for the overview of specific decisions proposed to be taken over the period of the plan.

The Constitution (Article 14 (Decision Making)) defines a Key Decision as an executive decision which:

(a)         involves expenditure or savings of £250,000 or above which are currently within budget and policy;

(b)         involves expenditure or savings of £100,000 or above which are NOT currently within budget and policy;

(c)         is likely to be significant in terms of its effect on communities living or working in an area comprising two or more wards;

(d)         raises new issues of policy;

(e)         increases financial commitments (i.e. revenue and/or capital) in future years over and above existing budgetary approval;

(f)          comprises and includes the publication of draft or final schemes which may require, either directly or in relation to objections to, the approval of a Government Minister; or

(g)         involves the promotion of local legislation.

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 Executive’s current programme of Key Decisions is attached as an Appendix to this report.

The Democratic Services Manager presented the Executive’s current Programme of Key Decisions for the Committee to consider.

Planning Services

Cllr J Philip, Planning Services Portfolio Holder, informed the Committee that the item on the Draft Latton Priory Masterplan would not be considered at the meeting of the Cabinet on 6 February 2020, as outstanding issues with the access road to the site were still being worked on, as requested by the Planning Inspector at the Examination in Public of the Local Plan last year. It would most likely be considered by the Cabinet on 23 April 2020.

Housing & Property Services

Cllr S Murray enquired when the papers would be available for the Stronger Communities Select Committee’s review of the project scope for the review of the Council’s Sheltered Housing Assets? The interim Strategic Director stated that the scoping exercise for the project brief had been completed and had been reviewed by the Stronger Place Select Committee. It was expected that the review itself, and any recommendations arising thereout, would be completed by April or May this year. Cllr Murray requested sight of the review of the project scope and this was agreed.

Customer Services

Cllr Murray also enquired whether the listed date of decision for the District Electoral Review of 1 April 2021 was accurate? Cllr C Whitbread, as Leader of the Council, stated that this review would not be undertaken until the Local Plan was completed and adopted, in order to see where the likely population growth was to be. Consequently, this item should probably be removed from the Programme.

Commercial & Regulatory Services

Cllr A Patel, as Portfolio Holder for Commercial & Regulatory Services, reported that the report on the proposed transfer of land site opportunities into the new Qualis Development Company would be submitted to the Cabinet scheduled for 26 March 2020.

Leader

Councillor J H Whitehouse enquired how far had the design of the new Leisure Centre (for Epping) progressed, and whether there would be an opportunity for the users of the current Leisure Centre to express their views on the design. Cllr C Whitbread reassured the Committee that there would be a consultation exercise, which would probably begin in the late Spring period, and Cllr J Philip added that as the St John’s Road Development was referenced in the Local Plan then a Development Management Forum would also be established.

(Democratic Services Manager) To consider the attached report.

The Democratic Services Manager presented a report concerning the co-option of members onto Select Committees.

The Democratic Services Manager highlighted that a draft protocol for the co-option of independent members onto Select Committees had been submitted for consideration, following the Committee’s request at its last meeting. As the co-option of members to Scrutiny Committees was a constitutional issue, it had been suggested that the draft protocol should be considered by the Constitutional Working Group prior to its formal adoption. The Committee was reminded that the Members’ Allowances Scheme permitted an annual allowance of £500 for co-opted independent members, and any proposed revisions to this aspect of the protocol would need to be considered by the independent and advisory Member Remuneration Panel.

Cllr J H Whitehouse felt that the draft protocol was comprehensive, but disagreed with the description of the role of co-opted members to challenge the Council; the Councillor felt that their role was to bring their expertise to the Select Committee and section 2 of the draft protocol should be revised. The Chairman welcomed the comments but felt this issue could be considered at the Constitutional Working Group.

Cllr Wixley enquired whether co-opted members would be advising the Select Committee, or form part of the Select Committee and asking questions at meetings? The Democratic Services Manager outlined the difference between a co-opted member and an independent expert, and emphasised that it was proposed to appoint co-opted members to Select Committees for a specified period of time not exceeding one municipal year. The Chairman felt that this difference was highlighted within the protocol.

            Resolved:

            (1)        That the draft protocol for the co-option of non-elected members to the             Council’s Overview & Scrutiny Committees be agreed, and submitted to the             Constitutional Working Group for approval.

(Democratic Services Manager) To consider the attached report.

The Senior Democratic Services Officer presented a report on the newly established Task & Finish Panel for Local High Streets.

The Committee was informed that the following Councillors had expressed a wish to be part of the Task & Finish Panel: J Jennings; R Jennings; H Kane; H Kauffman; P Keska; D Plummer; S Rackham; C Roberts; J Share-Bernia; D Stocker; and J H Whitehouse. Cllr R Jennings nominated Cllr Share-Bernia to be Chairman of the Panel, which was seconded by Cllr Sunger; there were no other nominations. It was also suggested that authority be delegated to the Panel to appoint a Vice-Chairman at its first meeting, which was duly agreed.

The Committee was reminded that it had to agree the Panel’s Terms of Reference and Work Programme. Whilst there was no objections to the drafts of either, Cllr J H Whitehouse enquired as to why there was a deadline for the Panel’s work, as this appeared pointless to the Councillor. The Democratic Services Manager explained that a Task & Finish Panel was established to deal with ad-hoc projects or reviews that were time-limited and non-cyclical with a clearly defined objective. Consequently, the draft work programme for the Panel did include an end date for reporting back to the Overview & Scrutiny Committee; however, this end date could change which did give a degree of flexibility to the Panel.

            Resolved:

(1)        That the Terms of Reference and Work Programme be agreed for the Local High Streets Task & Finish Panel for the remainder of the 2019/20 municipal year;

(2)        That the following Councillors be appointed to membership of the Task & Finish Panel:

            (a)        J Jennings;

            (b)        R Jennings;

            (c)        H Kane;

            (d)        H Kauffman;

            (e)        P Keska;

            (f)         D Plummer;

            (g)        S Rackham;

            (h)        C Roberts;

            (i)         J Share-Bernia;

            (j)         D Stocker; and

            (k)        J H Whitehouse.

(3)        That Cllr J Share-Bernia be appointed as the Chairman of the Task & Finish Panel for the remainder of the municipal year; and

(4)        That authority be delegated to the Task & Finish Panel to appoint their Vice-Chairman at their first meeting.

(Service Director – Community & Partnerships) To consider the attached report.

The Service Director for Community & Partnerships presented a report on the performance of the Corporate Plan Key Action Plan for Quarter 3 of the second year of the Plan.

The Service Director reminded the Committee that the Action Plans provided a mechanism for reporting on the Council’s Key Performance Indicators and Key Programmes of Work, which highlighted the Council’s overall performance against the agreed corporate objectives. This Action Plan was for Year 2 of the Corporate Plan, which covered the municipal year 2019/20. Four of the Key Programmes were amber rated, one Key Programme was red rated, and one Key Performance Indicator was currently behind schedule against its target.

The Service Director added that it was the Council Housebuilding Programme which was red rated, but there was confidence that the Programme would get back on schedule once the new Development Officer was in post. In addition, the Local Development Scheme for the Local Plan Programme had to be updated to reflect the new timetable agreed with the Planning Inspector during the Examination in Public. Adoption of the Local Plan was now expected by the end of 2020. The Key Performance Indicator for Improved Customer First Contact had improved by 4.56% since quarter 2, although it was still behind its target of 45%. It was also highlighted that the Key Performance Indicator for Increased Customer Satisfaction was now exceeding its target with a rating of 83% for Quarter 3.

Cllr Neville enquired how many customers did not actually complete the survey for the Increased Customer Satisfaction Key Performance Indicator, but the Service Director did not have the complete figures available and undertook to provide the information to the Councillor in the coming days after the meeting.

            Resolved:

            (1)        That the performance in Quarter 3 of 2019/20 for the Key Performance             Indicators and Key Programmes of Work within the Corporate Plan be noted.

(Interim Strategic Director) To consider the attached report.

The interim Strategic Director presented an update report on the Accommodation Strategy.

The interim Strategic Director reported that listed building consent for the refurbishment had been approved, with some minor planning conditions that would be managed through the works contract. A contract from the Joint Contracts Tribunal suite of contracts had been proposed. It was a standard form of contract and design responsibility would lie with the contractor. It was proposed to use a public framework to procure the contract as it complied with the OJEU procurement process; all nine contractors who had qualified through the framework would be asked if they were interested in submitting a tender for the works.

The interim Strategic Director stated that a detailed decant plan had been developed to mange how different teams would be moved into the Conder building and other offices between January and June 2020. Staff were also being encouraged to start working within their teams on the new 7 : 10 working ration in preparation for their return to the refurbished Civic Offices. The ICT Strategy was an important enabler for the project, and this included the roll-out of Microsoft Teams to facilitate agile working.

The interim Strategic Director informed the Committee that a ‘Change Champions’ group had been established to ensure adequate staff engagement in the project. A Member Workshop had been held in December 2019 to present the detailed plans for the building and review the pilot scheme on the second floor of the Civic Offices. There would be a further Member Workshop to progress the designs of the existing Member space on the first floor of the Civic Offices.

Cllr R Baldwin enquired what the 7 : 10 ratio referred to, and how the decisions regarding the temporary arrangements for Member meetings, particularly the use of the Control Tower at North Weald Airfield, was arrived at? The interim Strategic Director responded that the 7 : 10 ratio referred to 7 desks being available for every 10 members of staff. In respect of the temporary arrangements for Member meetings, the Control Tower at North Weald Airfield was an option but other venues were being considered. There would be further consultation with Members before June, and arrangements would be put in place for transport to other meeting venues.

Cllr S Murray wanted an assurance that the painful lessons from going over budget when originally building the Civic Offices had been learnt for this refurbishment project. Additionally, the Councillor would like Members to be consulted over the plans for off-site Member meetings during the refurbishment period, and highlighted the importance of public access to Committee meetings as well. The Chairman added that it was particularly important for the public to be able access Planning meetings. The interim Strategic Director reassured the Committee that the Council had commissioned consultants for the tender process, and the works would be monitored very closely to ensure that the project did not exceed its budget. More detailed options for Member meetings during the  ...  view the full minutes text for item 60.

(Interim Strategic Director) To consider the attached report.

The interim Strategic Director presented a report on the progress with the establishment of the proposed Group Company structure.

The interim Strategic Director reported that the Cabinet had recently agreed the proposed approach to the development of the Council-owned land in Epping and Waltham Abbey. Qualis Commercial would undertake these development projects directly, which would provide the Council with additional capital value and a long-term revenue source. It had also been identified that it would be beneficial for the Council to consider the sites in Epping as a package rather than individually, as this would enable greater flexibility in achieving commercially viable schemes.

The interim Strategic Director stated that a six-year business plan had been completed for the Qualis Management service company, setting out the strategy, implementation requirements, performance management and the phasing of the additional work required to create a successful management company. The Committee was reminded that the initial service to be provided through the management company was the existing repairs and maintenance service for the Council’s housing stock, but additional services could be included in the future if appropriate or beneficial.

Finally, the interim Strategic Director highlighted that the key governance documents to provide the framework for control of decision making, levels of authority and powers of delegation had been completed and would be submitted to the next meeting of the Cabinet for approval. It had been proposed that the composition of the Group company board should consist of Council Officer appointees, Council Members and independent non-executives. Members had been invited to attend a workshop on 3 February 2020 to hear a presentation from the Council’s legal advisors on the governance arrangements for the Group companies. The Chairman added that the Cabinet agenda had been published that afternoon.

Cllr S Murray commented that he, along with Cllr R Brookes, were accountable for the Council in his ward, and enquired what mechanism(s) had been put in place for the wider Council to influence the decisions made by the Group companies? The Chief Executive explained that the mechanism was the Shareholders Agreement, which listed every control, and this would be explained in more detail at the forthcoming Member workshop. The business cases for each company had been adopted and Qualis Management could operate within the scope of its business case, but anything outside of this scope had to be referred to the Council for a decision.

Cllr S Neville asked what measures were being implemented to keep the planning process at arm’s length from the management of Qualis? The Chief Executive agreed that this was an important point and it was relevant to discuss the disclosure of interests, especially pecuniary interests. The public perception point was also important, but the issue regarding the Council progressing development opportunities already existed. Senior Officers were already in discussions with Planning Officers about this issue, and advice had also been taken; this issue would also be covered in more detail at the forthcoming Member workshop. Cllr J Philip, as Planning Services Portfolio  ...  view the full minutes text for item 61.

(Service Director – Business Services) To receive an update on progress with the People Strategy.

The Chief Executive updated the Committee on the current progress with the People Strategy.

The presentation from the Chief Executive covered the following elements:

·        The People Strategy from 2017 – 20;

·        The five streams in the Strategy;

·        Developing Leadership – Management Accountability;

·        The Common Operating Model;

·        The recruitment completed to date;

·        Developing skills and capacity – essential management skills;

·        The People Strategy financial outcomes; and

·        Possible future elements for the new People Strategy.

Resolved:

(1)        That the update on progress with the People Strategy be noted.

(Democratic Services Manager) Progress towards the achievement of the work programme for the Overview and Scrutiny Committee is reviewed at each meeting.

(a)             Current Work Programme

The current work programme for the Committee is attached as an appendix to this agenda.

(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.

The Democratic Services Manager presented the Overview & Scrutiny Work Programme for 2019/20, including the Reserve List.

Cllr Neville felt the Council should be more insistent that external organisations attend meetings of the Overview & Scrutiny Committee to be properly scrutinised. The Democratic Services Manager reminded the Committee that it was sometimes easier to procure attendance for a Member Briefing rather than at a formal meeting of the Committee. Cllr Neville stated that this worried him as it gave the impression that these organisations did not want to be properly scrutinised; the Chairman felt that this was an issue that should continue to be monitored in the future.

            Resolved:

            (1)        That the current Overview & Scrutiny Work Programme for 2019/20 be             noted.

(Chairman of the Select Committee) Article 6 (Overview and Scrutiny) of the Constitution requires that the Chairmen of the Select Committees report to the meeting in regard to progress with the achievement of the current work programme for each Select Committee and on any recommendations for consideration by the Overview and Scrutiny Committee.

The current work programme for each Select Committee is attached as an Appendix to this agenda.

Cllr Y Knight introduced the Stronger Communities Select Committee Work Programme for 2019/20, and reported that everything was currently on schedule. Cllr Knight stated that she would prefer future meetings of the Select Committee to be held before the meetings of the Overview & Scrutiny Committee, so more timely updates on the Select Committee’s work could be given to the Committee. The Chairman reminded the Committee that the Annual Calendar of Council Meetings for 2020/21 would be considered by the Council next month and this issue could be considered then.

Cllr Murray requested that a report be submitted to the next meeting of the Stronger Communities Select Committee regarding the Community Safety Partnership Annual Report. Cllr Murray was concerned at some of the figures contained within it, and was very concerned about the casualty figures for Epping Forest, which appeared to be the highest in Essex; the Councillor was simply looking for an explanation.

Cllr D Sunger introduced the Stronger Place Select Committee Work Programme for 2019/20, and reported that items regarding the Climate Emergency and Older People’s Services had been added to the Work Programme.

Cllr P Bolton introduced the Stronger Council Select Committee Work Programme for 2019/20, and stated that there was nothing specific to report.

            Resolved:

            (1)        That the Stronger Communities Select Committee Work Programme for             2019/20 be noted;

(2)        That the Stronger Council Select Committee Work Programme for 2019/20 be noted; and

(3)        That the Stronger Place Select Committee Work Programme for 2019/20 be noted.

Exclusion

(Democratic Services Manager) To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers

(Democratic Services Manager) Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

The Committee noted that there was no business which necessitated the exclusion of the public and press from the meeting.

The Committee noted that the Democratic Services Manager, Mr S Tautz, would be leaving the Council at the end of the week after many years of loyal service. The Chairman asked the Committee to join her in thanking Mr Tautz for all of the assistance and support he had given during his time with the Council in Democratic Services, and wishing him well in his future endeavours.