Agenda and minutes

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

2.         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.

(Assistant to the Chief Executive). To report the appointment of any substitute members for the meeting.

It was noted that Councillor Mrs J Lea was substituting for Councillor P Keska, Councillor T Cochrane was substituting for Councillor K Angold-Stephens and Councillor A Watts was substituting for Councillor G Chambers.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 09 April 2013.

RESOLVED:

That the minutes of the last meeting of the Committee held on 9 April 2013 be agreed.

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny 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 personal and prejudicial interest in any matter before an OS Committee 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 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

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

To receive a presentation from Jenny Boyd, Director of Local Delivery West, Children’s Social Care at Essex County Council.

Background: In October 2010, a Children Services Task and Finish Panel was established to review Children Services in our district. They reported back in May 2011. One of their recommendations was that appropriate Essex County Council (ECC) officers should come to this Committee on an annual basis to update us on Children Services in our area.

Jenny Boyd came in March 2012 along with the deputy Portfolio Holder for Children Services, Ray Gooding.

The Committee welcomed Jenny Boyd, the Director of Local Delivery West, Children’s Social Care at Essex County Council. She was there to talk about Corporate Parenting and Children Services, what corporate parenting was and just what was a members responsibility in relation to it. She started by quoting Frank Dobson from a letter he wrote in 1998 that “for children who are looked after, your council has a legal and moral duty to try to provide the kind of loyal support that any good parents would give to their children…you should do your utmost to make sure that children in public care get a good start in life…” this was the principal that underlined and still underlined the concept of Corporate Parenting. (The slides of the presentation are attached to these minutes.)

These responsibilities were primarily laid out in the Children Act 1989 and updated and refined in subsequent legislation.

In some circumstances we share parental responsibilities for these children in care and care leavers. Some of the duties and responsibilities on local authorities are for planning, safeguarding, promoting health, wellbeing and life chances. Duties to care leavers  extend to at least age 21. A lot of what was done was measured by performance indicators.

Councillors need to be aware of the corporate parenting role and the shared responsibility for ensuring that the needs of children are met. They also need to understand the impact of council decisions on children in care and care leavers and to ensure that action was taken to address any shortcomings.

There were two main categories of public care, ‘Accommodated’ at the request of parents and/or young person; or subject to a Care Order (by order of a court under section 31, Children Act 1989). At 16 or 17 young people can ask to go into care or to come out off care and this would override the wishes of parents. The courts would have to decide on any Care Orders made.

There were various reason why young people were in care, the primary reason being abuse or neglect, followed by problems in the family such a family being acute stress or absent parents or a parents illness or disability. Last on the list of reasons and accounting for only a small percentage (2%) of looked after children would be a child’s socially unacceptable behaviour.

The cost of getting this wrong would result in poor educational performance, contact with the criminal justice system, poor physical and mental health, homelessness and/or unemployment. All at a huge cost financially to the state.

Children in care needs someone who cares for them and believes in them; they need stability, security and continuity of support. The support services need to promote resilience and not just fix what was broken but nurture what was best. They should ensure that young people become employable and that on leaving care have access to safe, permanent, suitable accommodation. Essex County Council aimed to provide early, targeted help, effecting change to enable children to  ...  view the full minutes text for item 5.

RECOMMENDATION:

To consider any items to be raised by the Chairman at the Cabinet meeting on 10 June 2013.

(Assistant to the Chief Executive). Under the Overview and Scrutiny rules the Committee is required to scrutinise proposed decisions of the Executive. The Chairman is also required to report on such discussions to the Cabinet.

The Committee is asked to consider the 10 June 2013 Cabinet agenda (previously circulated) to see whether there are any items that they wished to be raised at the Cabinet meeting.

The Committee noted the Cabinet agenda of 10 June. Councillor Murray was pleased to see item 11 of the agenda, the ‘acceptance of tender – replacement kitchens to council owned dwellings’. This was a good report and should be endorsed.

Councillor Philip said he would like to encourage the Cabinet on agenda item 10, ‘Local Plan Issues and Options – responses to community choices’. There had been a lot of input from his residents and it was important that the council provided a clear and accessible report to the residents as soon as possible.

To consider the attached final report of the Senior Recruitment Review Task and Finish Panel.

The Committee received the final report of the Senior Recruitment Review Task and Finish Panel. In the absence of the Chairman of the Panel the report was introduced by the Director of Corporate Support Services, Colleen O’Boyle. The Committee noted that the review had been set up to look at the recruitment processes and to recommend any modifications to future processes that might be necessary. They reviewed feedback received on the process from candidates, the Appointments Committee and the Council’s consultants.  Generally, the Appointments Panel, Candidates and Consultants were happy with venues, the interview processes and the appointed consultants. Their recommendations reflected on the future use of external venues and interview/exercise structure. No further recommendations were thought necessary for this element of the process. Their main recommendations related to guidance and checklist for future recruitment processes.

Recommendation 3 (d) was so worded to comply with the Council’s new employment procedure rules.

The Committee noted some minor wording amendments to the recruitment check list that:

• Under the third bullet point to delete the word ‘of’ and replace it with ‘or’ so it should read “Theses may include some or all of:”;
• Under the fourth sub bullet point of the third bullet point to delete ‘and how’ at the end of that point.

Councillor Philip asked that recommendation 3(a) be amended to include the word ‘normally’ so that it read:

(a)        Where appropriate, normally external recruitment advice should be procured on a competitive basis for senior positions;

This was to strengthen the recommendation and put the onus on the panel to say why they would not want to do this. This was agreed by the committee.

RESOLVED:

(1)        That Council agree clear Terms of Reference for the Appointment Committee, in every senior management appointment process;

(2)        That the proposed checklist be approved and included in the Senior Management Appointment Guidance Notes; and

(3)        That the following key elements be included in the accompanying Guidance Notes and agreed for future senior recruitment exercises:

(a)        Where appropriate, normally external recruitment advice should be procured on a competitive basis for senior positions;

(b)        The early appointment of a legal advisor to the recruitment process, whether internal or from an appropriate external source;

(c)        Contracts of employment should be drafted with legal advice at the earliest possible stage of recruitment and before a provisional offer was made, such contracts to conform to a standard form but reflecting, where necessary, any specific requirements of the Authority;

(d)        That for recruitment to the posts of Chief Executive, Deputy Chief Executive, Service Directors and equivalent Chief Officer positions (as defined in the Employment Procedure Rules of the Constitution) created by the Council in the future, the following be authorised to agree a starting date and agree any other detailed terms in the contract as may arise, subject to legal advice from a nominated employment law specialist, namely:

(i)         Chief Executive – Chairman of Appointing Panel and Leader of Council;

(ii)        All other posts as defined above -  ...  view the full minutes text for item 7.

(Office of the Chief Executive) to consider the attached report.

The Committee received the amended annual Overview and Scrutiny Report for 2012/13 incorporating comments made at their meeting of 9 April 2013.

Councillor Morgan expressed his thanks to all the Panel Chairman, members and officers for all their hard work during the last year on the various panels.

Councillor Murray thought it was a very good report and wanted to give his thanks to the Housing Panel members and officers, and his special thanks to his vice-Chairman Councillor Mitchell. He thought that the case study was a particularly good example of scrutiny work carried out by the Housing Standing Panel.

The Committee pointed out various amendments and typos in the report to be rectified.

Councillor Philip asked that in future years a short one or two page executive summary should be produced.

RESOLVED:

That the Annual Overview and Scrutiny Report for 2012/13 be agreed and submitted to the Full Council at its meeting on 30 July 2013.

Decision Required:

To re-appoint the existing membership of the Overview and Scrutiny Review Task and Finish Panel.

(Assistant to the Chief Executive) The Committee are asked to consider the membership of the Overview and Scrutiny Review Task and Finish Panel. This Panel was constituted last year but still has some more work to undertake. In order to enable them to finish their work, the Committee is asked to re-appoint the existing Panel members.

The membership as constituted last year are Councillors K Angold-Stephens (Chairman), Mrs R Gadsby (Vice-Chairman), Mrs A Grigg, Mrs M Sartin, D Stallan and Mrs J Whitehouse.

The Committee considered the membership of the existing Overview and Scrutiny Review Task and Finish Panel. They agreed that as it was still undertaking its work the members should not change to enable them to finish their work.

RESOLVED:

That  the existing membership of the Overview and Scrutiny Review Task and Finish Panel be re-appointed.

(Chairman of the Overview and Scrutiny Review Task and Finish Panel) The Committee is asked to consider and comment on the attached draft recommendations made so far by the O&S Review Task and Finish Panel.

The Panel has still to conclude its work and will be going out to wider consultation once it has compiled all its recommendations.

The Assistant to the Chief Executive, Ian Willett introduced a report outlining the draft recommendations made by the Overview and Scrutiny Review Task and Finish Panel so far.

Councillor Morgan asked why they were recommending that outside organisations should be situated in the well of the chamber and not at the top table. Mr Willett said this was modelled on the parliamentary scrutiny system, everyone on the same level so that they did not look down on members.

Councillor Murray endorsed this recommendation saying that where you sat was important. This had worked at the Housing Scrutiny Panel when they had this type of meeting in the Council Chamber. He noted that the public already the ability to ask questions at meetings, but only with the Chairman’s discretion.  As for having the Tenants Federation going on the Scrutiny Training, he had no problem with it being partly funded by the HRA.

Councillor Philip asked that if a call-in was retracted (as indicated in recommendation 5 (f)) would it be reported to Overview and Scrutiny. He was also concerned with 5(g) that would not allow other members, other than the lead member of the call-in not to speak until after the O&S Committee has spoken. Under recommendation 9(b) he raised concerns that members of the public may raise topics that were irrelevant to the Panel they were addressing, also, could a member of the public ask for items to be raised at O&S? Mr Willett agreed and said the Panel would be looking into this in detail.

The Task and Finish Panel would report to the Overview and Scrutiny Committee and then on to full Council.

Councillor Watts commented that O&S was an essential element of the governance process of the Council. A lot of the items discussed here would be of interest to the Audit and Governance Committee; could they receive the report of the Task and Finish Panel as well as O&S. Mr Willett said that as part of the consultation process they would consult Audit and Governance.

RESOLVED:

That the Committee noted the interim report of the Overview and Scrutiny Review Task and Finish Panel.

Decision Required:

(1)        To appoint members to the following Standing Panels in accordance with pro-rata in the proportions shown below (full name list to follow):

(2)        To consider requests for appointments to Standing Panels by non affiliated members; and

(3)        To appoint a Chairman and a Vice Chairman to the following Standing Panels:

1.         (Assistant to the Chief Executive). The Council has agreed that pro rata apply to Overview and Scrutiny Standing Panels 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. This year it has been agreed by  Group Leaders that the Standing Panels should have 11 members.

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

3.                  Nominations to Chairman and Vice Chairman of these Panels 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 Panels, 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 any further nominations will be tabled at the meeting.

The Committee were asked to make appointments to Standing Panels in accordance with the Overview and Scrutiny rules. The Committee were reminded that the Council had agreed pro rata applied to Standing Panels and that membership should be kept to a minimum to allow each Group to have representation. It was noted that on this basis it had been agreed by group leaders that Panels would consist of 11 Members, including any independent member that wished to be a member of a Panel.

It was reported that nominations to Chairman and Vice Chairman to Standing Panels were excluded from the pro rata calculation rules required for such positions contained in the Council’s constitution.

RESOLVED:

That the appointments to Standing Panels annexed to these minutes be adopted.

(a)                  To consider the attached Work Programme

The current Overview and Scrutiny Work Programme is attached for information.

(b)       New Year’s Work Programme

To consider any late requests to go into the new year’s Work Programme. The Committee is asked to consider and agree, or otherwise, the following items:

1.   Possible CAB Presentation

At their meeting on 23 April, full Council asked that the Overview and Scrutiny Committee receive a presentation from the local Citizen Advice Bureau. The O&S Committee is asked if they would consider adding the CAB to their list of presentations for the coming year.

2.   Member Request for Scrutiny Review

Councillor H Kane has asked that Scrutiny consider her request (attached) to look at unauthorised parking on Housing owned grassed verges. The Housing Scrutiny Panel has considered this in the past and a short digest of their finding is also attached to give a complete picture.

The Committee is asked if they wish to refer it back to its originator for further clarification, or establish a Task and Finish Panel, or refer this to an existing Standing Panel, or to consider this request at the main O&S Committee.

3.   Member Request for Scrutiny Review

Councillor Jennie Hart has asked that Scrutiny consider her request (attached)  to look at difficulties this council encounters when improvements to communal areas of flat blocks are required.

The Committee is asked if they wish to establish a Task and Finish Panel or refer this to an existing Standing Panel or to consider this at the main O&S Committee.

4. Request from Full Council

At their meeting on 21 May 2013 the Council asked that the Overview and Scrutiny Committee be asked to undertake a review of the process for the nomination to, and appointment of, the Vice Chairman of Council.

The Committee is asked if they wish to refer it back to its originator for further clarification, or to establish a Task and Finish Panel, or refer this to an existing Standing Panel, or to consider this request at the main O&S Committee.

(c)                     Reserve Programme

A reserve list of scrutiny topics is required to ensure that the work flow of OSC is continuous.

OSC will ‘pull out’ items from the list and allocate them accordingly once space becomes available in the work plan following the completion of existing reviews.

Members can put forward any further suggestions for inclusion in the reserve list either during the meeting or at a later date. A request form is attached for use.

Existing review items will be dealt with first, and then time will be allocated to the items contained in the reserve work plan.

Any space within the work plan is filled on an ongoing basis.

a)         Work Programme

The Committee considered their work programme for the coming year. They noted that the Standing Panels would be agreeing their work programmes at their first meetings.

O&S Work Programme

The Committee agreed:

1)                 To have the Local Strategic Partnership go to the July meeting.

2)                 Items 11 and 12 review of the PCT/West Essex Health Service and the Mental Health Services in the District to combine and hopefully have them to the September meeting.

(b)       New Year’s Work Programme

The Committee agreed:

1)     To receive a presentation from the local Citizen Advice Bureau and to focus on –

2)     That the request from Councillor Kane for scrutiny to look at unauthorised parking on Housing owned grass verges should go to the Housing Services Scrutiny Standing Panel.

3)     That the request from Councillor Jennie Hart for scrutiny to consider the difficulties this council encounters when improvements to communal areas of flat blocks should also go to the Housing Services Scrutiny Standing Panel.

4)     That the request from the full Council that Scrutiny undertake a review of the process for the nomination to and appointment of, the Vice Chairman of Council. The Committee agreed that this should be considered by the Constitution and Member Services Standing Panel.