Meeting documents

Overview and Scrutiny Committee
Tuesday, 3rd December, 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 Dave Chambers (substitute), Councillor Bill Davidson, Councillor Jean Green, Councillor S.K. Jarvis, Councillor David Kearns, Councillor David Leal - Bennett, Councillor Gerald Morris, Councillor Frank Radcliffe and Councillor Mike Rice (substitute).

N.B. Councillor S.K. Jarvis arrived at 8.55 p.m.
 IN ATTENDANCE: Keith Moore (CCTV and Parking Services Manager, Stevenage Borough Council), Councillor Bernard Lovewell (Portfolio Holser for Housing and Environmental Health), Councillor Ian Mantle (Chairman, Overview and Scrutiny Task and Finish Group on Highways), Andy Cavanagh (Head of Finance, Performance and Asset Management), Andy Godman (Head of Housing and Public Protection), Liz Green (Head of Policy and Community Services), Katie White (Corporate Legal Manager), Fiona Timms (Performance and Risk Manager), Martin Lawrence (Strategic Housing Manager), Marie Searle (Property Solicitor), Helen Turner (Children and Young Persons Development Manager), Brendan Sullivan (Scrutiny Officer) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT: At the commencement of the meeting Councillors Julian Cunningham, Fiona Hill, Tony Hunter and David Levett.
Item Description/Resolution Status Action
PART I
48 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Alan Bardett, John Booth, Alan Millard, M.R.M. Muir and Deborah Segalini.

Councillor Dave Chambers advised that, having given due notice, he would be substituting for Councillor Alan Millard.

Councillor Mike Rice advised that, having given due notice, he would be substituting for Councillor Alan Bardett.
Noted   
49 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 17 September 2013 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
50 NOTIFICATION OF OTHER BUSINESS

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

(1) The Chairman welcomed Keith Moore (CCTV and Parking Manager, Stevenage Borough Council), Councillor Bernard Lovewell (Portfolio Holder for Housing and Environmental Health) and Councillor Ian Mantle (Chair, Overview and Scrutiny Task and Finish Group on Highways) who were attending the meeting to present items on the agenda.

(2) The Chairman advised that he would be taking Item 16 - Overview and Scrutiny Task and Finish Group on Highways immediately after Item 8 - Members Questions.

(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   
52 PUBLIC PARTICIPATION

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

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

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

No questions had been submitted.
Noted   
56 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 SCHEME (CHAS)
The Scrutiny Officer advised that the implementation of the new CHAS had slipped due to IT difficulties and was now planned to go live in March 2014. The Housing Team have suggested that they would report back to this Committee in December 2014.

Members were concerned at the length of the delay in implementing the new CHAS and the effect this delay may have on people who were currently able to be added to the housing register but would be excluded under the new system. They asked whether other providers could be approached to undertake the work within the timeframes expected.

The Strategic Housing Manager informed Members that the IT software was being provided by an outside company, who could not provide the necessary work until February 2014.

The Portfolio Holder for Housing and Environmental Health advised that officers were continually talking to the IT provider and encouraging them to complete the work at an earlier date.

The Head of Housing and Public Protection informed Members that there were relatively few IT companies for this niche market and that NHDC had a contract with the current provider.

Members agreed that Cabinet should receive an update regarding the situation at the meeting due to be held on 10 December 2013.

MINUTE 9 - JUNE 2013 - RESOLUTIONS REPORT
The Scrutiny Officer advised that an update regarding the Hertfordshire County Council Overview and Scrutiny Committee investigation into 20mph speed limits in Hertfordshire was included in the Work Programme report.

MINUTE 11 - JUNE 2013 - SAFEGUARDING
The Scrutiny Officer advised that, in relation to training regarding Safeguarding for Members, NHDC had an e-learning package, which provided basic training and that a more comprehensive training session would be offered in the Spring of 2014.

MINUTE 15 - JUNE 2013 - TASK AND FINISH GROUP ON GRANTS
Members asked for an update regarding the Task and Finish Group on Grants.

The Head of Policy and Community Services informed Members that it was planned to have a new grants policy in place for April 2014 and that she would present the proposed policy to the Committee in March 2014.

MINUTE 23 - JULY 2013 - UPDATE ON NEIGHBOURHOOD POLICING
The Scrutiny Officer advised that the Police were still unable to keep IT equipment at Baldock Community Centre, but a solution was being sought and that installation of a Blue Lamp was under consideration by the Police Estates department.

MINUTE 30 - JULY 2013 - WORK PROGRAMME
The Scrutiny Officer advised that John Gourd, Chair of Hertfordshire Local Enterprise Board, would be attending the next meeting of this Committee due to be held on 21 January 2014.

It was felt that it would be advantageous for the Chief Executive to write to the European Members of Parliament to ascertain if any European funding was available for Hertfordshire.

RESOLVED:
(1) That the Head of Policy and Community Services be requested to present a report regarding the proposed new grants policy to the meeting of this Committee due to be held on 18 March 2014;

(2) That the Chief Executive be requested to write to the European Members of Parliament to ascertain whether any European funding was available for Hertfordshire;

(3) That the actions resulting from the resolutions of the Overview and Scrutiny Committee be noted.

RECOMMENDED TO CABINET: That Cabinet receive an update regarding the delay to the implementation of the Common Housing Allocation Scheme (CHAS) at the meeting due to be held on 10 December 2013.
Agreed   
57 REGULATION OF INVESTIGATORY POWERS ACT UPDATE
Report

The Corporate Legal Manager presented the report entitled " Regulation of Investigatory Powers Act Update and advised that there continued to be no use of RIPA. She informed Members that training regarding the RIPA Policy and Procedure would take place in Spring 2014, to which Members of this Committee would be invited.

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 kept apprised of use of the Regulation of Investigatory Powers Act.
Agreed   
58 SUPPORT FOR COMMUNITY GROUPS DURING LEASE RENEWALS
Report

The Corporate Legal Manager presented the report entitled "Support for Community Groups During Lease Renewals" She informed Members that the report did not seek to consider any specific Community Centre negotiation and that professional advice was there for the use of the Council and advice given by solicitors was governed by the Legal Services Act.

She drew attention to Paragraph 8.2 which gave details of ways in which NHDC currently supported community groups and Paragraph 8.3 which detailed the previous experience on NHDC adopting a Chinese wall approach.

Members asked what was the most common issue that groups had when negotiating a new lease.

The Corporate Legal Manager informed Members that most groups were concerned when more liability was put on them either in rent or repairing and that it could be challenging to get community groups to talk to the Council in a meaningful way at an earlier stage of the process, which could enable issues to be identified at an earlier stage of the process. The Council proactively encourages groups to engage a solicitor however although groups were reluctant to engage solicitors at an earlier stage, due to costs.

Members welcomed the report and acknowledged that Councillors had a role to play in allaying the fears of the Community Groups.

RESOLVED: That support for community groups during lease renewals be noted.

REASON FOR DECISION: To ensure that the Overview and Scrutiny Committee are fully apprised of the support available to community groups during lease renewals.
Agreed   
59 MID YEAR MONITORING REPORT ON PROJECTS IN THE PRIORITIES FOR THE DISTRICT 2013/14
Report

The Performance and Risk Manager presented the report regarding mid year monitoring on projects in the Priorities for the District which were agreed in April 2013 and drew attention to Paragraph 8.6 of the report.

RESOLVED: That delivery against key projects stated in the Priorities for the District 2013/14 be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider achievements against the Priorities for the District 2013/14.
Agreed   
60 PERFORMANCE INDICATOR MONITORING REPORT - APRIL 2013 TO SEPTEMBER 2013
Report
Appendix A - Performance Indicator Data Table

The Performance and Risk Manager presented the Performance Indicator monitoring report which covered the period April 2013 to September 2013 and drew attention to the following;
- That the recommendation at Paragraph 2.2 of the report was to be deleted;
- Paragraph 8.3 of the report detailed projects which had achieved their target, all of which continued to show good progress;
- Paragraph 8.5 of the report detailed those areas where performance had not achieved expected levels;
- There had been a small improvement in performance regarding NI157b - Percentage of minor planning applications determined within 8 weeks.

RESOLVED: That the corporately reported Performance Indicators for the period April 2013 to September 2013 be noted.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to consider the performance of its performance targets.
Agreed   
61 NEW POLICIES FOR SAFEGUARDING CHILDREN AND SAFEGUARDING ADULTS AT RISK OF HARM
Report
Appendix A - Safeguarding Children Policy
Appendix B - Safeguarding Adults Policy

The Children and Young Persons Development Manager presented the report entitled "New Policies for Safeguarding Children and Safeguarding Adults at Risk" and explained that the actions and responsibilities contained in the policies had been undertaken since 1995, but this was the first time there had been a formal policy to underpin that work.

Members asked several questions including who was the current Children's Champion and how issues of domestic violence were handled.

The Head of Policy and Community Services advised that the Portfolio Holder for Housing and Environmental Services was responsible for Adults at Risk of Harm and the Portfolio Holder for Policy and Green Issues was the Councils nominated Children's Champion.

The Children and Young Persons Development Manager informed Members that any case of domestic violence where children were part of the household, or known to be present in a household where domestic violence was suspected, was automatically referred to Hertfordshire Children's Social Care under the Safeguarding Children Procedures.

RECOMMENDED TO CABINET:
(1) That the new policy documents for Safeguarding Children and Safeguarding Adults At Risk Of Harm be supported;

(2) That that the policy documents for Safeguarding Children and Safeguarding Adults at Risk of Harm accurately reflect the sufficient and robust processes in place at NHDC.

REASON FOR DECISION: To ensure that statutory obligations and robust practices for the protection of children and adults at risk of harm are demonstrated throughout the Council and services conducted on its behalf by partners and contractors.
Agreed   
62 ADOPTION OF NEW HOUSING AND HOMELESSNESS STRATEGY
Report
Appendix 1
Appendix 2

Prior to the item being discussed Councillor David Kearns declared a Disclosable Pecuniary Interest as he was a board member of North Herts Homes and left the room for the duration of the item.

Prior to the item being discussed Councillor Bill Davidson declared a Disclosable Pecuniary Interest as he was a board member of North Herts Homes and left the room for the duration of the item.

The Strategic Housing Manager presented the report entitled "Adoption of a New Housing and Homelessness Strategy" and reminded Members that in the eyes of the law NHDC was the local housing authority. There were currently two strategies, which were coming to an end and this strategy drew them together with four priorities, with some example key actions, as follows:

BEST USE OF HOUSING STOCK
- Review options for bringing empty properties back into use.
- Investigate incentives/assistance for older under-occupying households to move to sheltered accommodation.

MAXIMISE HOUSING SUPPLY
- Negotiate with developers to deliver the maximum viable affordable housing on new build sites.
- Support Registered Providers' efforts to access funding streams to deliver new affordable housing.

WARMER, SAFER, HEALTHIER HOMES
- Explore options for improving the value for money of Disabled Facilities Grants through more effective and efficient delivery.
- Improve internal recording and monitoring of private rented sector complaints.
- Improve procedures for using enforcement action where landlords breach their legal duties.

MANAGEMENT PREVENTION OF HOMELESSNESS
- Explore ways to increase the provision of money/debt advice.
- Improve knowledge of and relationship with local private sector landlords.

Members asked in what way were NHDC investigating ways of providing housing debt advice and how ex-offenders and other institutionalised people were helped to find housing.

The Head of Policy and Community Services advised that there were a number of agencies which were undergoing transformation with regard to financial literacy and debt advice and that work was being undertaken with schools to try to address the longer term issues of money management.

The Portfolio Holder for Housing and Environmental Health informed Members that debt advice was integral to helping prevent homelessness and NHDC had a very experienced advisor however the aim was to get as many partners as possible to help.

The Head of Housing and Public Protection informed Members that he had attended a conference regarding housing of ex-offenders and that this issue should not only be considered as a housing issue, but also as a community safety issue.

RESOLVED: That the officers involved in writing the new Housing and Homelessness Strategy be praised for their hard work in producing a very comprehensive document.

RECOMMENDED TO COUNCIL: That the adoption of a new Housing and Homelessness Strategy be supported.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the adoption of a new Housing and Homelessness Strategy prior to consideration by Cabinet on 10 December 2013.
Agreed   
63 TASK AND FINISH GROUP REPORT ON HIGHWAYS
Covering Report
Appendix A: Task and Finish Group Report on Highways

Councillor Ian Mantle, Chairman of the Overview and Scrutiny Task and Finish Group on Highways presented the report and advised that the recommendations contained in the report should be viewed as good practice and should not involve extra costs or problems to implement.

In respect of Recommendation 6 the intention was that Customer Service staff should have sufficient knowledge to advise on how to report issues and help the public, but not to take on the Hertfordshire County Council role.

The Head of Policy and Community Services informed Members that the Hertfordshire County Council information regarding highways would be moved to the front of the website and that Customer Service staff would be trained to support customers in its use.

Members welcomed the report and its recommendations, but noted that communication of issues in both directions had been more difficult since the cessation of the North Hertfordshire Highways Joint Member Panel and County Councillors holding their own budgets for highways. They felt that County Councillors should be asked to attend Area Committees on a regular basis in order to keep District Councillor updated.

Councillor Mantle informed Members that Recommendations 8 and 9 attempted to address the different practices of different areas and County Councillors.

Members asked when feedback would be received from Hertfordshire County Council.

The Scrutiny Officer advised that the report would be finalised following this meeting and then would be sent to Hertfordshire County Council for consideration.

RESOLVED:
(1) That the recommendations contained in the report of the Overview and Scrutiny Committee Task and Finish Group on Highways be supported.

(2) That, at the appropriate time, the Scrutiny Officer be requested to report back to this Committee on the response of Hertfordshire County Council to the Overview and Scrutiny Committee Task and Finish Group on Highways report.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment of the report of the Task and Finish Group on Highways prior to consideration by Cabinet on 28 January 2014.
Agreed   
64 OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME
Report
Appendix A - Programme for Meetings
Appendix B - Forward Plan
Appendix C, - 20 mph Report

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

TASK AND FINISH GROUPS
The Scrutiny Officer advised that the Task and Finish Group on the NHDC website would take place in the week commencing 9 December 2013 and that topics for future Task and Finish Groups were needed.

Members suggested Partnership working with the Department of Work and Pensions as a possible future topic.

20MPH ISSUES
The Scrutiny Officer informed Members that an update on 20mph Issues was attached at Appendix C of the report and that the Executive Member for Highways & Waste Management would consider the information and would report back the Hertfordshire County Council Overview and Scrutiny Committee on 12 January 2014.

The Chairman advised that he had been present and given evidence to the Hertfordshire County Council Overview and Scrutiny Committee and that he considered that there had been a very thorough scrutiny of the issues, with general support being received for 20MPH where appropriate.

LOCAL PLAN
It was suggested that Members receive an update on progress regarding the Local Plan.

FORWARD PLAN
Members asked that the Item entitled "Wilbury Hills Cemetery, Letchworth GC - Crematorium Proposal" be presented to this Committee prior to consideration by Cabinet.

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

(2) That the Strategic Planning and Projects Manager be requested to provide Members with an update on progress regarding the Local Plan;

(3) That the item on the Forward Plan entitled "Wilbury Hills Cemetery, Letchworth GC - Crematorium Proposal" be presented to this Committee prior to consideration by Cabinet.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to plan and carry out its workload efficiently and effectively.
Agreed   
65 EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).
Agreed   
PART II
66 CCTV INCORPORATION
Data/Overview and Scrutiny Committee/201312031930/Agenda/Report
Data/Overview and Scrutiny Committee/201312031930/Agenda/Appendix A - Business Plan Financial Data
Data/Overview and Scrutiny Committee/201312031930/Agenda/Appendix B - Outline Structure of Company
Data/Overview and Scrutiny Committee/201312031930/Agenda/Appendix C - Articles of Association
Data/Overview and Scrutiny Committee/201312031930/Agenda/Appendix D - Shareholders Agreement

The Head of Finance, Performance and Asset Management presented the report entitled "CCTV Incorporation"

Members asked several questions, which were answered by The Head of Finance, Performance and Asset Management and the CCTV and Parking Services Manager, Stevenage Borough Council.

Members agreed that recommendation 2.1.6 should be amended to include consultation with the Leader of the Council

RECOMMENDED TO CABINET:
(1) That recommendation 2.1.6 be amended to ensure consultation with the Portfolio Holder for Finance and IT and the Leader of the Council;

(2) That, subject to (1) above, the recommendations contained in the report entitled "CCTV Incorporation" be supported.

REASON FOR DECISION: To enable the Overview and Scrutiny Committee to comment on the report entitled CCTV Incorporation" prior to consideration by Cabinet on 10 December 2013.
Agreed