| Time: | 7.30pm | Place: | Committee Room 1, Council Offices, Gernon Road, Letchworth Garden City |
| PRESENT: | Councillor Cathryn Henry (Vice-Chairman), Councillor Clare Billing, Councillor Bill Davidson, Councillor Jean Green, Councillor S.K. Jarvis, Councillor David Kearns, Councillor David Leal - Bennett, Councillor Alan Millard, Councillor Gerald Morris and Councillor Deborah Segalini. N.B. Councillor Alan Millard left the meeting at 10.30 p.m. |
| IN ATTENDANCE: | Liz Green (Head of Policy and Community Services), Anthony Roche (Acting Corporate Legal Manager), Johanne Dufficy (Customer Services Manager), Fiona Timms (Performance and Risk Manager), Helen Turner (Childrens Services Manager), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer). |
| ALSO PRESENT: | Councillor Julian Cunningham |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 1 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors David Billing, John Bishop, John Booth and Ray Shakespeare-Smith. |
Noted | ||
| 2 |
MINUTES Minutes RESOLVED: That the Minutes of the Meeting held on 19 March 2013 be approved as a true record of the proceedings and be signed by the Chairman. |
Agreed | ||
| 3 |
NOTIFICATION OF OTHER BUSINESS No other business was submitted for consideration by the Committee. |
Noted | ||
| 4 |
CHAIRMAN'S ANNOUNCEMENTS (1) The Chairman welcomed Councillor Julian Cunningham who was attending the meeting to present the report of the Task and Finish Group on the Council's grants process and related community benefits. (2) Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary interest, Other Pecuniary interest or Non-Pecuniary interest, and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring either an Other Pecuniary interest, or a Non-Pecuniary interest which requires they leave the room under Paragraph 16.3 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote. |
Noted | ||
| 5 |
PUBLIC PARTICIPATION There were no presentations from members of the public. |
Noted | ||
| 6 |
URGENT/GENERAL EXCEPTION ITEMS No urgent or general exception items were received. |
Noted | ||
| 7 |
CALLED IN ITEMS Since the last meeting, no decisions had been called-in by the Overview and Scrutiny Committee. |
Noted | ||
| 8 |
MEMBERS' QUESTIONS No questions had been submitted. |
Noted | ||
| 9 |
RESOLUTIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE Resolutions Report The Scrutiny Officer presented the report entitled Resolutions of the Overview and Scrutiny Committee and drew attention to the following: MINUTE 41 - SEPTEMBER 2012 AND MINUTE 90 - MARCH 2013 - COMMON HOUSING ALLOCATION SCHEME The Head of Housing and Public Protection Service had advised that the Common Housing Allocation Scheme needed to operate for a reasonable length of time before effects could be assessed, he would present a report to a future meeting of the Committee. MINUTE 53 - DECEMBER 2012 - 20's PLENTY (SPEED MANAGEMENT STRATEGY) Hertfordshire County Council's Overview and Scrutiny Committee would consider this issue on 23 and 24 October 2013. The Chair of this Committee, representatives from 20 is Plenty and the Portfolio Holder would be attending to give evidence. Members were pleased that this issue was being considered by Hertfordshire County Council but expressed disappointment at how slowly this had progressed. MINUTE 72 - JANUARY 2013 - RESOLUTIONS OF THE COMMITTEE The requested presentation by the Portfolio Holder for Community Engagement and Rural Affairs had been deferred as there had been a recent change in the Councillor holding this post. MINUTE 77 - JANUARY 2013 - TASK AND FINISH GROUP ON NEIGHBOURHOOD POLICING Chief Inspector Donna Pierce would be attending the meeting of this Committee due to be held on 23 July 2013. The Scrutiny Officer asked Members to contact him with any questions for Chief Inspector Pierce. RESOLVED: (1) That the actions resulting from the resolutions of the Overview and Scrutiny Committee be noted; (2) That the Scrutiny Officer be requested to report back to this Committee regarding the Hertfordshire County Council Overview and Scrutiny Committee investigation into 20's Plenty on 3 December 2013; (3) That prospective questions to Chief Inspector Donna Pierce be sent to the Scrutiny Officer. REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review and monitor the progress of resolutions made. |
Agreed | ||
| 10 |
REGULATION OF INVESTIGATORY POWERS ACT UPDATE Report The Acting Corporate Legal Manager presented the report entitled Regulation of Investigatory Powers Act (RIPA) update and drew attention to the following: - His Honour Norman Jones QC of the Office of Surveillance Commissioners visited NHDC on 17 April 2013; - He found that Officers were enthusiastic, but because RIPA was not being used, officers could become deskilled or not recognise when RIPA would apply; - Systems and regular training would raise awareness - The inspector suggested that quarterly reporting of use of RIPA should continue in accordance with best practice; - Revisions to the Policy regarding RIPA would be presented to the next meeting of this Committee. Members asked that the Inspectors report be circulated to Members as background papers to the report to the next meeting and asked that future reports include information such as what circumstances led to authorisations, and reasons for not using any authorisations gained. RESOLVED: (1) That the report entitled Regulation of Investigatory Powers Act (RIPA) Update be noted; (2) That the Acting Corporate Legal Manager be requested to present the revised policy regarding use of the Regulation of Investigatory Powers Act together with relevant background papers to this Committee prior to submission to Cabinet; (3) That the Acting Corporate Legal Manager be requested to include more detail in future update reports such as circumstances that led to authorisations being sought and reasons for authorisations not being used. REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is kept apprised of usage and best practice in the use of the Regulation of Investigatory Powers Act (RIPA). |
Agreed | ||
| 11 |
ANNUAL SAFEGUARDING PERFORMANCE UPDATE FOR APRIL 12 - MARCH 13 Report The Children's Services Manager presented the report of the Head of Policy and Community Services entitled Annual Safeguarding Performance for April 12 to March 13 and drew attention to the following: - Significant improvements had been made with four actions being completed; - The Council had introduced a centralised, password protected record keeping system; - It was difficult to make useful comparisons between referral rates of different authorities as data was not collected in a consistent manner; - It was planned to update the Committee annually regarding safeguarding performance and that all actions would be completed before the next report was due. Members asked several questions including what sort of techniques and facilities were available for children to make complaints, what training was in place for junior members of staff and how were staff kept updated. They queried whether NHDC staff shared information with local schools, how NHDC was informed about children present during domestic violence, what responsibilities did housing associations have to safeguarding children The Children's Services Manager advised that there were many children friendly things for children to use to make a complaint and that staff had a good rapport with the children they worked with, that safeguarding was included in the induction of all staff, with staff more likely to work with children receiving advanced training, there was also e-learning available for any member of staff and staff were updated in accordance with their role and information was available on the Intranet. She informed Members that staff worked very closely with local schools, that children present during domestic abuse may mention this to staff or a neighbour or youth club may inform NHDC, housing associations used a referral process to report issues to Hertfordshire County Council Members requested that they receive some training regarding safeguarding. RESOLVED: (1) That the Overview and Scrutiny Committee acknowledges the progress made against NHDC's application of the statutory duty to maintain a safeguarding function with regard to children; (2) That the Overview and Scrutiny Committee agree that sufficient and robust processes are in place at NHDC for the application and review of safeguarding processes; (3) That the Head of Policy and Community Services be requested to provide an update on Safeguarding Performance annually; (4) That the Head of Policy and Community Services be requested to provide training regarding Safeguarding for Members. REASON FOR DECISION: To ensure the Overview and Scrutiny Committee is kept apprised of the Council's issues and responsibilities in respect of Safeguarding. |
Agreed | ||
| 12 |
BRIEFING PAPER ON HEALTH REFORM Briefing Paper Appendix A Appendix B Appendix C The Head of Policy and Community Services presented the Briefing Note on Health Reform and drew attention to the following: - North Herts was covered by two clinical commissioning groups; - Clinical Commissioning Groups were directly responsible for commissioning services they considered appropriate to meet local needs; - Priority areas in Hertfordshire included Reduction of harm caused by alcohol; reducing harm from tobacco, promoting healthy weight and increasing activity, fulfilling lives for those with Learning Disabilities, living with dementia, enhancing quality of life foe people with long term conditions, supporting careers to care, helping families to thrive, improving mental health and emotional wellbeing. - North Herts had a slightly higher rate of people with demtia and people who were carers; - Each District had previously been allocated £10,0000 towards schemes to address health inequalities, which had been match funded by the Local Strategic Partnership for 2013; - Health Watch Hertfordshire commenced in April 2013, they would be setting the strategic plan, delivering strong governance and sitting on Hertfordshire's Health and Wellbeing Board; - The Joint Commissioning Team were organising the North Herts Mental Health Forum, which would take place at the end of June 2013; - The Health and Social Care Act 2012 placed greater duties and responsibilities on Local Authorities for improving the health of their local population; - Health Scrutiny remained the responsibility of Hertfordshire County Council, with Councillor Bardett representing North Herts; - Some of the information was based on experimental figures in 2000 and therefore should be viewed with caution. Members asked several questions including whether any work was being done to promote fresh food and food preparation, why there were no actions detailed in Appendix C, who decided on the allocation of funding described at 2.3 of the report and what services might be provided for carers in North Herts. The Head of Policy and Community Services advised that discussions were talking place with schools regarding the reintroduction of growing and preparing food, Appendix C was a preliminary audit for the Department of Health and would be used as a starting point with more detail be provided in future as data for the District is collated, the Public Health Board and Director of Public Health was responsible for the allocation of funding and that Hertfordshire County Council provided project workers, who could be accessed by schools and other organisations to support carers. Members agreed that it would useful for Councillor Bardett to give a presentation regarding Hertfordshire Health Scrutiny. RESOLVED: (1) That the briefing note on health reform be noted; (2) That Councillor Alan Bardett, as the NHDC representative on the Hertfordshire Health Scrutiny Committee, be requested to give a presentation to this Committee. REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is kept apprised of the changes to the structures, funding and responsibilities regarding health in Hertfordshire. |
Agreed | ||
| 13 |
COMMENTS, COMPLIMENTS AND COMPLAINTS (3CS) FULL YEAR REPORT - 1 APRIL 2012 TO 31 MARCH 2013 Report Appendix A - Summary of 3Cs The Customer Services Manager presented the report of the Strategic Director of Customer Services entitled Comments, Compliments and Complaints (3Cs) Full Year Report 1 April 2012 - 31 March 2013 and drew attention to the following: - There had been a significant decrease in the overall number of 3Cs following temporary closure of the museums; - The number of complaints had increased, mainly due to bad weather in January; - The chart at Paragraph 8.5 of the report included contactor data; - There had been two peaks in the number of complaints received, August was in relation to a campaign to deal with contamination of waste and January was as a result of the suspension of the waste collection service due to bad weather; - There were customers who submitted multiple 3Cs and it was important to recognise that this report dealt with the number of 3Cs, not the number of customers submitting 3Cs; - A review of the 3Cs policy and Customer First Standards was being launched and an amendment to the Policy for handling difficult customers and vexatious complainants, which was in line with the LGO guidance would be taken to Cabinet in due course; - Fourteen complains had been escalated to the Local Government Ombudsman, 6 were not investigated as they had not previously been through NHDC's complaints procedure. The remaining complaints were investigated and the Ombudsman found no fault or maladministration by NHDC. Members expressed concern that only 6 percent of complaints were judged as justified and that customer expectations were sometimes unrealistic and needed to be managed effectively. Complaints regarding non collection of waste during bad weather should be addressed by ensuring more information was available. They were concerned that complaints made directly to specific members of staff or Councillors were not included in the figures. It would be helpful for the Council to consider a way of capturing councillors' complaints separate from other types of complaint. The Customer Services Manager advised that staff were trained in how to deal with 3Cs and that when large amounts of complaints were received for a specific department further monitoring and training was undertaken with relevant staff. She agreed that customer expectations could be unrealistic and that this needed managing and that she would be considering the information given on the NHDC website to assist with this. RESOLVED: (1) That the continued good performance in managing 3cs between 1 April 2012 and 31 March 2013 be noted; (2) That the Local Government Ombudsman found no cases of maladministration be noted; (3) That the Customer Services Manager be requested to investigate a method by which complaints made directly to Councillors can be captured. REASON FOR DECISION: To enable the Overview and Scrutiny Committee to scrutinise the handling of Comment, Compliments and Complaints from 1 April 2012 to 31 March 2013. |
Agreed | ||
| 14 |
PERFORMANCE INDICATOR MONITORING REPORT - APRIL 2012 TO MARCH 2013 Report Appendix A The Performance and Risk Manager presented the report of the Head of Finance, Performance and Asset Management entitled Performance Indicator Monitoring Report April 2012 to March 2013 and drew attention to the following: BV8 - PERCENTAGE OF INVOICES PAID ON TIME Only 8 invoices out of 4,643 during 2012/13 were paid late. BV12 - WORKING DAYS LOST DUE TO SICKNESS ABSENCE Short term absence was 3.09 days and long term absence 1.42 days. Although this was the best performance yet, it was unlikely that this would be sustained. NI157b - PERCENTAGE OF MINOR PLANNING APPLICATIONS DETERMINED WITHIN 8 WEEKS Performance in this area fell by 0.64 percent. This was a difficult area as many applications involved legal agreements, submission of additional information or referral to Committee. NI191, NI192, Ni193 - WASTE AND RECYCLING INDICATORS The figures for the indicators were estimates, however any amendments were likely to be small. BV213 NUMBER OF HOUSEHOLDS WHERE HOMELESSNESS WAS PREVENTED PER 1,000 HOUSEHOLDS Members felt that it in addition it would be useful to understand how many people approached the Council for help to prevent homelessness that subsequently lost their home despite this. They were concerned that numbers of homeless people would increase due to the changes in Benefits Payments. The Performance and Risk Manager advised that information regarding help available was sent with this year's Council Tax Bills. RESOLVED: (1) That the progress against performance indicators for the period from April 2012 to December 2012 be noted; (2) That the Performance and Risk Manager be requested to include details of the number of potentially homeless people that approached NHDC that we were unable to prevent from becoming homeless in future Performance Indicator reports if this information is available. REASON FOR DECISION: To enable the Overview and Scrutiny Committee to fulfill its Terms of Reference to review the performance of the Council in relation to its performance targets. |
Agreed | ||
| 15 |
TASK AND FINISH GROUP REPORT ON THE COUNCIL'S GRANTS PROCESS AND RELATED COMMUNITY BENEFITS Covering Report Appendix A, Task and Finish Group Report Appendix A, Annex 2 Councillor Cunningham, Chairman of the Task and Finish Group on the Council's Grant Process and Related Community Benefit. He thanked all who took part presented the group's report and drew attention to the following: COVERING REPORT The Council's Shared Internal Audit Service would be undertaking and audit of the Council's grants process and the Task and Finish Group report would form part of the background to the review. The Head of Policy and Community Services advised that the SIAS audit was specifically aimed at Area Committee Grants, however she was tasked with amending the application form but this had to be a balance between information gathering and not making it so onerous that groups stop applying. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.2 (RECOMMENDATION 1) The Group was highly impressed with the work of the Community Development Manager and Officers who gave great value to North Herts. The design and maintenance of the bespoke grant database supported the robust and efficient grant system. Councillor Hone gave invaluable information regarding the County Council grants process, which the Community Development Team would consider. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.3 (RECOMMENDATION 1) The Group were acutely aware of the ongoing financial constraints facing the Council and felt that the significant amount of grant monies available should be more closely aligned to the Council's Priorities. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.4 (RECOMMENDATION 2) The Group heard that Officers assessed eligibility for Area Committee grants using criteria listed in a document called "Grants from North Hertfordshire District Council". Members were unfamiliar with this document and recommended that all Members have sight of it and that it be available at Area Committee meetings. The Head of Policy and Community Services advised that this document was being reviewed. Members agreed that, once reviewed, the document used by Community Development Officers to assess grants should be circulated to all Members of the Council and be made available at Area Committee meetings. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.5 (RECOMMENDATION 4) The Group acknowledged that the Community Development Team monitored the outcomes of grants and that this worked well, however they were concerned that Member oversight was limited and thought that outcomes of projects should be reported back to Area Committees more systematically. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.6 RECOMMENDATION 5) The Group were concerned that Memorandums of Understanding, although reviewed and monitored regularly by Officers had little Members oversight. TASK AND FINISH GROUP REPORT - PARAGRAPH 2.8 (RECOMMENDATION 7) The group noted that organisations seeking District Wide Funding currently had to make applications to each Area Committee separately and that there should be a method by which these organisations could make a single application for a District Wide grant, although the method for this was unclear. Members discussed that there were several instances of organisations with District wide projects going to every Area Committee for funding and agreed that District Wide funding was needed. The method by which this was achieved would be best considered by Cabinet although as a first step, the Head of Policy and Community Services should be requested to investigate the practicalities and report back to this Committee. Members agreed that it would be useful for all grant applications to include information about other grant funding applied for. TASK AND FINISH GROOUP REPORT - PARAGRAPHS 2.11 & 2.12 (RECOMMENDATIONS 11 & 12) The Group had recognised the logic of combining the Rural Grants Fund with area committee budgets but were concerned that larger rural projects may not be progressed with only small amounts available under a new arrangement. The Group sought the view of the full Committee before finalising the recommendation. Members discussed the merits of making the proposed change against using the Rural Grants Fund for larger projects and agreed that the current position should remain unchanged for 2 years, at which time it should be reconsidered. The Chairman thanked Councillor Cunningham for his chairmanship and hard work regarding this Task and Finish Group. RESOLVED: (1) That Recommendation 7 of the Task and Finish Group on the Council's Grants Process and Related Community Benefit be amended to read: "There should be provision to award a new district-wide grant, and Cabinet should request the Head of Policy and Community Services to investigate the practicalities of District Wide funding and report back to the Overview and Scrutiny Committee in due course" (2) That Recommendation 12 of the Task and Finish Group on the Council's Grants Process and Related Community Benefit read "that the current position regarding the Rural Grants Fund be maintained for a period of 2 years, at which time Cabinet should reconsider whether the fund should be distributed to the Area Committees."; (3) That, subject to the amendments contained in (1) and (2) above, the recommendations of the Task and Finish Group on the Council's Grant Process and Related Community Benefit be endorsed; (4) That Cabinet be asked to consider the report of the Task and Finish Group on the Council's Grant Process and Related Community Benefit at their meeting due to be held on 30 July 2013; (5) That, once reviewed, the document presented to the Task and Finish group on the Council's Grant Process and Related Community Benefit entitled Grants from North Hertfordshire District Council (or a suitable web link to the document) be circulated to all Members of the Council. REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the recommendations of Task and Finish Group on the Council's Grant Process and Related Community Benefit prior to consideration by Cabinet on 30 July 2013. |
Agreed | ||
| 16 |
OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME Work Programme Report Appendix A - Programme For Committee Meetings Appendix B - Forward Plan Appendix C - Highways Scope Appendix D - Community Rights Scope The Scrutiny Officer presented the report regarding the Overview and Scrutiny Committee Work Programme and drew attention to the following: UPDATE ON POLICING TASK AND FINISH GROUP The Scrutiny Officer suggested that key community groups such as Neighbourhood Watch organizers could be invited to attend the meeting at which this is to be discussed and that he would also advertise the meeting on Twitter TASK AND FINISH GROUP ON HIGHWAYS ISSUES The Scrutiny Officer suggested that this Task and Finish Group should be completed first and that he would be attending all Area Committee meetings in July 2013 to gather evidence. TASK AND FINISH GROUP ON COMMUNITY RIGHTS Members felt that community expectations needed to be established and that it would be useful to get input from other areas of the County regarding their experiences. OTHER TASK AND FINISH GROUPS The Scrutiny Officer suggested that the proposed Task and Finish Group on Social Inclusion (now known as Inclusivity) may not provide value and that Officers suggested that Debt Provision Advice provided by NHDC could be considered in 12 - 18 months time. COMMUNITY HALLS STRATEGY Members agreed that a report on the implementation of the Community Halls Strategy should be considered by the Committee's meeting in September, and that the Portfolio Holder for Community Engagement and Rural Affairs should be invited to attend that meeting. Members asked whether it would be better to carry out the task and finish group earlier when the impact of the changes would be greatest and requested that the Scrutiny Officer seek further advice from the lead officer. RESOLVED: (1) That the Scrutiny Officer to seek further advice from the lead officer about the timing of the task and finish group on inclusivity; (2) That the Head of Policy and Community Services be requested to present a report on the Implementation of the Community Halls Strategy to the meeting of this Committee due to be held on 17 September 2013; (3) That the Scrutiny Officer be requested to invite the Policy Holder for Community Engagement and Rural Affairs to attend the meeting of this Committee due to be held on 17 September 2013; (4) That the Overview and Scrutiny Committee Work Programme for 2013/14 be noted REASON FOR DECISION: To enable the Overview and Scrutiny Committee to plan and carry out its workload efficiently and effectively. |
Agreed | ||