Meeting documents

Overview and Scrutiny Committee
Tuesday, 17th September, 2013 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor R.L. Shakespeare - Smith (Chairman), Councillor Cathryn Henry (Vice-Chairman), Councillor Clare Billing, Councillor John Booth, Councillor Jean Green, Councillor David Kearns, Councillor Alan Millard, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Frank Radcliffe and Councillor Deborah Segalini.
 IN ATTENDANCE: Councillor Tony Hunter (Portfolio Holder for Community Engagement and Rural Affairs), Sarah Wren (Chairman of Healthwatch Hertfordshire), Liz Green (Head of Policy and Community Services), Katie White (Corporate Legal Manager), Fiona Timms (Performance and Risk Manager), Peter Underwood (Community Facilities Manager), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT: At the commencement of the meeting 1 member of the public.
Item Description/Resolution Status Action
PART I
33 APOLOGIES FOR ABSENCE

Apologies for absence were received from Alan Bardett, John Bishop, Bill Davidson and David Leal-Bennett.
Noted   
34 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 23 July 2013 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
35 NOTIFICATION OF OTHER BUSINESS

No other business was submitted for consideration by the Committee.
Noted   
36 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed Sarah Wren (Chairman of Healthwatch Hertfordshire) and Councillor Tony Hunter (Portfolio Holder for Community Engagement and Rural Affairs) who were attending the meeting to give presentations.

(2) The Chairman congratulated Councillor Frank Radcliffe on his success in winning the by-election for Hitchin Oughton and welcomed him to his first Committee meeting.

(3) 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 or Declarable 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 a Declarable Interest which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.
Noted   
37 PUBLIC PARTICIPATION

There were no presentations from members of the public.
Noted   
38 URGENT/GENERAL EXCEPTION ITEMS

No urgent or general exception items were received.
Noted   
39 CALLED IN ITEMS

Since the last meeting, no decisions had been called-in by the Overview and Scrutiny Committee.
Noted   
40 MEMBERS' QUESTIONS

No questions had been submitted.
Noted   
41 PRESENTATION BY THE CHAIRMAN OF HEALTHWATCH HERTFORDSHIRE

Sarah Wren, Chairman of Healthwatch thanked the Chairman for inviting her to address the Committee and gave a PowerPoint presentation as follows:

CONSUMER CHAMPION
- Healthwatch Hertfordshire was the independent consumer champion for health, public health, and social care in Hertfordshire;
- They provided evidence based influence to improve services in Hertfordshire and challenge health inequalities;
- They helped people to find information about local health and social care services.

PARTNERS, NETWORKS AND INFLUENCE
- Healthwatch Hertfordshire had a seat on the Health and Wellbeing Board and the Public Health Board;
- They were involved with scrutiny functions at district and county levels and on Clinical Commissioning Groups;
- They had a strong relationship with the Care Quality Commission.

DEVELOPING PRIORITIES
The Board had reviewed data and consulted with stakeholders to develop Priorities using evidence including:
- Recommendations from the Francis report and Winterbourne View review;
- Key issues identified by Hertfordshire LINk;
- Key issues identified by the Care Quality Commission relating to Hertfordshire;
- Key issues from Public Health;
- Existing data and evidence on health inequalities;
- The Hertfordshire Health & Wellbeing Strategy.

PRIORITIES
- Listening to people's views;
- Being an effective consumer champion;
- Representing people's views in the development of plans;
- Reviewing the effectiveness of change from the perspective of the people who use services;
- Helping to ensure that everyone in Hertfordshire is able to access the service they need within an acceptable time, receives safe, quality, inclusive services and is treated with dignity and respect.

SOME EXAMPLES OF HOW PRIORITIES WERE BEING ADDRESSED
- Involvement in a major change project at West Herts Hospital Trust - ensuring the patient voice was heard;
- A joint Health Scrutiny event to look at how effectively health organisations were responding to the Francis recommendations;
- Working with Public Health and Environmental Health on the health and wellbeing agenda.

OTHER INFORMATION
- Councillors were welcome to join Healthwatch Hertfordshire;
- A weekly newsletter would be produced.

In response to questions from members Mrs Wren advised that:
- It was important to talk to members of the public and to make them aware of Healthwatch Hertfordshire and to support this there was an interactive website and Healthwatch attended community events;
- Healthwatch was also using social media and liaising closely with community groups;
- Healthwatch meetings would be meeting in public in the future and meetings would be moved around the County;
- Healthwatch would run events in the community, however relied upon local Councillors to inform them of communities that were not being reached;
- Healthwatch should be seen as a critical friend and as such sat on all Clinical Commissioning Groups where complaints were discussed. Officers reviewed complaints and the Board then discussed them;
- Healthwatch had Statutory Powers to view any organization providing services and therefore were able to investigate problems;
- Healthwatch met the Chair of the County Council Scrutiny Committee on a quarterly basis and had been able to contribute to their work programme;
- The aim was to reduce problems and to do this Healthwatch considered organisational cultures and evidence thoroughly;
- Healthwatch were aware of health inequalities regarding ex-offenders and specific information regarding this would be sent to Members.

SUGGESTIONS FROM MEMBERS
Members made several suggestions including:
- That, in order to promote engagement, consideration be given to meeting at different times of the day as well as different locations;
- That, due to the varied level of service and ability to access local doctors surgeries, Healthwatch should consider the introduction of a "scores on the doors" type rating.

Mrs Wren advised Members that both North Herts. District Council and East Hertz District Council had been proactive in embracing Healthwatch and that she would ask Members to contact them with any issues.

The Chairman thanked Mrs Wren for her informative presentation.

RESOLVED:
(1) That Mrs Wren, Chairman of Healthwatch, be thanked for her informative presentation;

(2) That the Committee and Member Services Officer be requested to write to the Chairman of Healthwatch, to request that she consider the following:
(i) That specific information regarding the health inequalities for ex-offenders be circulated to all Members of this Committee;
(ii) That Healthwatch meetings be held at varied times as well a places to enable as many members of public to attend as possible;
(iii) That Healthwatch consider the introduction of a "scores on the doors" type rating regarding doctor's surgeries, particularly regarding the making of appointments.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to give quality feedback to Healthwatch.
Agreed   
42 RESOLUTIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE
Cover Sheet
Resolutions Report

The Scrutiny Officer presented the report entitled "Resolutions of the Overview and Scrutiny Committee and drew attention to the following:

MINUTE 90 - MARCH 2013 - COMMON HOUSING ALLOCATION ALLOCATION SCHEME
The Scrutiny Officer advised that the Head of Housing and Public Protection Service would be attending a future Overview and Scrutiny Committee to report to Members.

MINUTE 11 - JUNE 2013 - SAFEGUARDING
The Head of Policy and Community Services advised that she was liaising with Learning and Development colleagues in order to put together a Member training package.

MINUTE 13 - JUNE 2013 - 3CS
The Scrutiny Officer advised that the Customer Services Manager expected to be able to respond to this query early in 2014.

MINUTE 15 - JUNE 2013 - TASK AND FINISH GROUP ON GRANTS
The Scrutiny Officer advised that an update report of the Task and Finish Group on Grants would be presented to this Committee early in 2014.

MINUTE 28 - JULY 2013 - OFFICE OF SURVEILLANCE COMMISSIONERS INSPECTORS REPORT AND ACTION PLAN
The Scrutiny Officer advised that training for Members was being arranged.

MINUTE 30 - JULY 2013 - PRIORITIES FOR THE DISTRICT 2014/15 ONWARDS
The Scrutiny Officer advised that the Performance and risk Manager would be discussing alternative solutions when she presented her report entitled "Performance Indicator Monitoring Report - April 2013 To June 2013" (Minute 45 refers).

MINUTE 31 - JULY 2013 - WORK PROGRAMME
The Scrutiny Officer advised that the Leader of the Council would give a presentation to this Committee on 18 March 2014, the Chairman of Hertfordshire Local Enterprise Board would give a presentation to this Committee on 21 January 2014 and the Chief Executive had emailed Members with a weblink regarding the Growth Strategy.

RESOLVED: That the actions resulting from the resolutions of the Overview and Scrutiny Committee be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review and monitor the progress of resolutions made.
Agreed   
43 PRESENTATION BY THE PORTFOLIO HOLDER FOR COMMUNITY ENGAGEMENT AND RURAL AFFAIRS

Councillor Tony Hunter, Portfolio Holder for Community Engagement and Rural Affairs, thanked the Chairman for inviting him to address the Committee and advised that he would not give a formal presentation but was happy to answer questions and would arrange for a briefing note regarding his portfolio to be circulated to all Members.

In response to questions from Members Councillor Hunter advised that:
- The community aspect of his portfolio was both enjoyable and challenging, with a large number of community groups, volunteer organisations and community projects;
- There were many community safety groups and NHDC acted as a conduit to bring these organisations together for the benefit of the District;
- There were several large projects that NHDC was working on with community groups including Hitchin Town Hall and Baldock Town Hall;
- Domestic violence was a key issue with several organizations actively involved. Statistics regarding domestic violence would be circulated to all Members of the Committee;
- Officers throughout the Council were working at reaching "hard to reach groups" particularly the very good Community Development Team and the Anti Social Behaviour Officer who worked hard to prevent problems arising;
- Guidelines were in place regarding consultations, which were carried out through the Local Strategic Partnership, Customer Service Centre and District Wide Survey amongst other methods;
- The Probation Service had been heavily involved in Community Safety issues and it was hoped that this would continue after this service was privatised.

Members were concerned that they were not informed, as a matter of course, of staff changes and requested that the internal e-magazine "NHDC News", which contained details of staff starters and leavers, be sent to all Members of the Council.

The Chairman thanked Councillor Hunter for his informative presentation.

RESOLVED:
(1) That the Portfolio Holder for Community Engagement and Rural Affairs be thanked for his informative presentation;

(2) That the Committee and Member Services Officer be requested to circulate the Portfolio Holder for Community Engagement and Rural Affairs Briefing Note to all Members of the Committee;

(3) That the Portfolio Holder for Community Engagement and Rural Affairs be requested to circulate statistics regarding domestic violence to all Members of the Overview and Scrutiny Committee;

(4) That the Communications Manager be requested to email all Members of the Council with the e-magazine "NHDC News" which contains details of staff starters and leavers.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is kept apprised of the work of the Portfolio Holder for Community Engagement and Rural Affairs.
Agreed   
44 THE EFFECTIVENESS OF THE IMPLEMENTATION OF THE COMMUNITY HALLS STRATEGY AND THE EFFECT OF IMPLEMENTATION ON COMMUNITY GROUPS
Report

The Community Facilities Manager presented the report entitled "The Effectiveness of the Community Halls Strategy and the Effect of Implementation on Community Groups" and drew attention to the following:

PARAGRAPH 7.3 - CHS01
The objective had been successfully introduced for the hire rates applied to the operation of Hitchin Town Hall in its final year prior to closure for refurbishment. This had resulted in increased hire income therefore reducing the amount of taxpayer subsidy and a similar exercise was being considered for Bancroft Hall and Brotherhood Hall.

PARAGRAPH 7.4 - CHS02
Since adoption of the Community Halls Strategy the Council had made significant commitment towards the transfer of operation of both Hitchin Town Hall and Baldock Town Hall to local communities with the first event at Baldock Town Hall due to be held on 5 October 2013.

PARAGRAPH 7.5 - CH303
A briefing note on how NHDC applied its discretionary rate relief had been previously circulated to Members of the Overview and Scrutiny Committee and the outlined process was continuing to be used.

PARAGRAPH 7.6 - CHS04
Negotiations were taking place with management committees regarding the renewal of leases on six Council owned urban community halls. The process had taken longer than expected, but significant progress was being made.

Members expressed concern about the effect of the cost full repairing leases on the operation of the community centres and were concerned that legal costs for the centres in respect of new leases could be prohibitive and NHDC should consider whether they could set up "Chinese walls" in order to give centres legal advice.

The Community Facilities Manager informed Members that full repairing leases were an ultimate aim and were not being imposed on any community centre. Centres were being individually assessed as to the what degree they could provide more funding towards repairs, if at all and negotiations were taking place and that the aim was to provide 25/30 year leases, with a review of terms every 5 years in future.

The Corporate Legal Manager informed Members that, although it was possible, in theory, to set up Chinese walls, there were many complexities to consider, however she would bring a report addressing these issues to the next meeting of this Committee.

PARAGRAPH 7.11 - CHS09
A new Westmill Community Centre was being proposed as part of the regeneration of John Barker Place. The new centre would open prior to closure of the existing centre and the multi use games area would be moved to the rear of the centre.

RESOLVED:
(1) That the contents of the report entitled "The Effectiveness of the Implementation of the Community Halls Strategy and the Effect of Implementation on Community Groups" be noted;

(2) That the Corporate Legal Manager be requested to investigate whether it would be possible for the NHDC Legal Department to provide legal advice to Community Centres regarding lease renewals and report her findings to the next meeting of this Committee due to be held on 3 December 2013.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review progress on implementation of the objectives and policies as set out in the Community Halls Strategy.
Agreed   
45 PERFORMANCE INDICATOR MONITORING REPORT - APRIL 2013 TO JUNE 2013
Report
Appendix A

The Performance and Risk Manager presented the report entitled "Performance Indicator Monitoring Report - April 2013 to June 2013 and drew attention to the following:

PERFORMANCE SETTING WORKSHOPS
The Performance and Risk Manager suggested to Members that performance setting for 2014/15 could be discussed by the political groups after which a workshop would be held for all Members prior to the Overview and Scrutiny Committee meeting due to be held on 3 December 2013.

BV174 - RACIAL INCIDENTS RECORDED PER 100,000 POPULATION
Members asked how this information was collected and whether it included data from schools.

The Performance and Risk Manager advised that information was collected through the customer service centre and the North Herts Minority Forum

The Head of Policy and Community Services advised that this did not include information from schools, as we were not required to report this.

LI032 - NUMBER OF ALLOWED PLANNING APPEAL DECISIONS, AS A PERCENTAGE OF ALL "REFUSED" PLANNING APPLICATION DECISIONS ISSUED
A Member asked why decisions had been made that could be overturned on appeal.

Members were informed that this figure included decisions made by the Planning Control Committee, which went against Officer advice.

LI034 - % OF HOUSING & PUBLIC PROTECTION SERVICE PROGRAMMED INSPECTIONS COMPLETED (QUARTER BY QUARTER PERFORMANCE)
A Members was concerned that, more people would be evicted due to the "bedroom tax" and, if regular inspections did not occur, slum landlords could gain a hold on social housing.

The Performance and Risk Manager informed Members that the Head of Housing and Public Protection Service would be attending the meeting of this Committee due to be held on 3 December 2013 and that this question could be put to him at that time.

RESOLVED:
(1) That the corporately reported Performance Indicators for the period April 2013 to June 2013 and the remaining annual indicators for 2012/13 be noted;

(2) That the proposal to provide 2014/15 performance indicator information at the November budget setting workshops, with a joint workshop being held prior to the Overview and Scrutiny Committee meeting in December be supported.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to review performance of the Council in relation to its performance targets.
Agreed   
46 REGULATION OF INVESTIGATORY POWERS ACT UPDATE
Report

The Corporate Legal Manager presented the report entitled "Regulation of Investigatory Powers Act Update" and informed Members that there continued to be no usage of these powers, the amended RIPA Policy had been approved by Cabinet on 30 July 2013 and Members training was being organised to take place in Spring 2014

RESOLVED: That the contents of the report entitled "Regulation of Investigatory Powers Act Update" be noted.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee is able to scrutinise the use of the Regulation of Investigatory Powers Act.
Agreed   
47 OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME REPORT
Report
Appendix A - Website Scope
Appendix B - Speed Management Strategy
Appendix C - Programme for Meetings
Appendix D - Forward Plan

The Scrutiny Officer presented the report entitled "Overview and Scrutiny Committee Work Programme" and drew attention to the following:

PROPOSED NEW ARRANGEMENTS FOR SCHEDULING TASK AND FINISH GROUPS
The Scrutiny Officer informed Members that it had been difficult to secure nominations for Members to sit on Task and Finish groups and that there had been issues with availability of Members, which had caused delays in completing Task and Finish Group investigations.

He proposed that, in future, dates were set for a Task and Finish Group after which nominations would be sought for Members who could attend those dates.

Members agreed with these proposals.

CURRENT TASK AND FINISH GROUP PROGRAMME

HIGHWAYS ISSUES
The Scrutiny Officer advised that the Task and Finish Group on Highways Issues would take place on 2 October 2013. Hertfordshire County Council had declined to participate, but would be attending the Highways Liaison Meeting due to take place on 7 October 2013. He suggested that the Chairman be authorised to approve the draft version of the Task and Finish Group Report, which could be presented to the Highways Liaison Committee.

Members agreed with this proposal.

ACCESS TO NHDC'S WEBSITE AND IT SYSTEM
The Scrutiny Officer advised that this Task and Finish Group would take place one evening in November 2013.

Members were concerned that there were no members of the public listed as witnesses for this Task and Finish Group. They suggested that research take place regarding other Council websites.

SPEED MANAGEMENT STRATEGY
The Scrutiny Officer advised that the Hertfordshire County Council Scrutiny Committee would be considering the Speed Management Strategy on 22 and 23 October 2013 and the Chairman of this Committee would be giving evidence.

FUTURE TASK AND FINISH GROUP TOPICS
The Scrutiny Officer asked Members to consider topics for future Task and Finish Groups.

RESOLVED:
(1) That the Overview and Scrutiny Committee Work Programme for 2013/14 be noted;

(2) That the new approach to organising future Task and Finish Groups, as detailed in the Overview and Scrutiny Work Programme report, be approved;

(3) That the Chairman of the Committee be authorised to approve the draft report of the Task and Finish Group on Highways Issues;

(4) That, following approval by the Chairman, the draft report of the Task and Finish Group on Highways Issues be presented to the Highways Liaison Meeting due to be held on 7 October 2013;

(5) That the Scrutiny Officer be requested to include witnesses from the public in the scope for the Task and Finish Group on the Council's Website;

(6) That consideration be given to future Task and Finish Group topics at the next meeting of this Committee due to be held on 3 December 2013;

(7) That the Speed Management Strategy note (Appendix B) be noted;

(8) That the work programme for 2013/14 and the Forward Plan be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to plan and carry out its workload efficiently and effectively.
Agreed