The Speaker of the Council, Councillor Khales Uddin Ahmed in the Chair

During the meeting, the Council agreed to vary the order of business. To aid clarity, the Minutes are presented in the order that the items originally appeared on the agenda. The order the business was taken in at the meeting was as follows:

• Item 1 - Apologies for absence.
• Item 2 – Declarations of Disclosable Pecuniary Interests.
• Item 3 – Minutes.
• Item 4 – Announcements.
• Item 5.1 – 5.3 – Petitions
• Item 5.4 – Petition Debate – Save our Nurseries from Privatisation.
• Item 6 – Public Questions.
• Item 7 – Mayor’s Report.
• Item 8 – Members Questions (8.1)
• Item 12.7 -  Motion regarding School Funding
• Item 8 – Members Questions (8.2-8.4, 8.6-8.11)
• Item 9 – Reports from the Executive and the Council’s Committees.
• Item 9.1 - Report of the General Purposes Committee: Localism Act 2011 - Pay Policy Statement 2017/18
• Item 9.2 - Report of the General Purposes Committee: Revision of the Council' Constitution - Parts 1 to 3
• Item 10 –Reports and Questions on Joint Arrangements/External Organisations
• Item 11 – Other Business

·         Item 11.1 - Members' Allowance Scheme

·         Item 11.2 - Committee Calendar 2017/18

With great regret, the Speaker of the Council referred to the tragic events that took place earlier in the day in Westminster. He stated that it was important that the Council showed solidarity at this time and that the Council’s thoughts were with those affected. The Statutory Deputy Mayor, Councillor Sirajul Islam and the Leaders of the Opposition Groups echoed these points and paid tribute to the work of the emergency services and those that had provided assistance to the victims. Support was also expressed for a joint statement on behalf of the Council.

The Council rose to observe a minutes silence in memory of the victims

The Speaker was also sorry to report that Mayor John Biggs was unable to attend the meeting as his mother sadly passed away on Monday at the age of 96. Mayor Biggs had therefore asked that his apologies be given for this meeting and had requested that the Statutory Deputy Mayor, Councillor Sirajul Islam deputise for him at this meeting. The Council sent their deepest condolences and sympathies to the Mayor for his loss.

The Speaker also welcomed to the meeting the Deputy Lord Lieutenant, Leslie Morgan OBE.

Apologies for absence were received on behalf of:

·         Mayor John Biggs

·         Councillor M. Abdul Mukit

·         Councillor Amina Ali

·         Councillor Joshua Peck

·         Councillor Gulam Robbani

·         Councillor Abdul Asad

·         Councillor Julia Dockerill

·         Councillor Craig Aston

Apologies for lateness was received on behalf of Councillor Amy Whitelock Gibbs.

Procedural Motion

Councillor Ohid Ahmed moved and Councillor Mahbub Alam seconded, a procedural motion “that under Procedure Rule 14.1.14, Rule 13.1 be suspended to enable an urgent motion regarding Personal Independence Payments to be considered”. The procedural motion was put to the vote and was defeated.

Procedural Motion

Councillor Rabina Khan moved and Councillor Shafi Ahmed seconded, a procedural motion “that under Procedure Rule 14.1.14, Rule 19 be suspended to enable an urgent petition regarding Save our Nurseries from Privatisation to be considered”. The procedural motion was put to the vote and it was agreed that the petition be heard following the consideration of the petitions listed on the agenda.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Monitoring Officer.

No declarations of Disclosable Pecuniary Interests were made.

Councillor Helal Uddin declared a personal interest in Agenda Item 12.6 Motion regarding Poplar HARCA Auction of 50 Social Dwellings as his employers had a working relationship with Poplar HARCA

Councillor Denise Jones declared a personal interest in Agenda Item 8.3, Members Question regarding business rates, as she had a small business.

To confirm as a correct record of the proceedings the unrestricted minutes of the Ordinary Meeting of the Council held on Wednesday 18 January 2017, the Budget Meeting of the Council held on Wednesday 22 February 2017 and to consider an officer note in respect of that meeting.

RESOLVED:

1.            That  the minutes of the Ordinary Council meeting held on Wednesday 18 January 2017 be agreed as a correct record of proceedings.

2.            That the minutes of the Budget Council meeting held on Wednesday 22 February 2017 be agreed as a correct record of proceedings.

3.            That the supplementary note (attached in the agenda as Appendix A to the minutes of that meeting) be agreed as an addition to the minutes of and a variation to the decision of the Budget Council meeting of Wednesday 22 February 2017

The Chief Executive provided an update on the recruitment of a Corporate Director of Governance and Monitoring Officer.

He reported that the position had been awarded to Asmat Hussain of the London Borough of Enfield. The Council looked forward to working with her in the future.

The Council Procedure Rules provide for a maximum of three petitions to be presented at an Ordinary Meeting of the Council. 

The deadline for receipt of petitions for this Council meeting is noon on Thursday 16 March 2017.

However at the time of agenda despatch, the maximum number of petitions has already been received as set out in the attached report.

5.1       Petition relating to Compensation for no heating and hot water in Killick Way, Ocean Estate Tower Hamlets

Sofijur Rahman addressed the meeting and responded to questions from Members. Councillor Sirajul Islam, Cabinet Member for Housing Management & Performance, then responded to the matters raised in the petition. He sympathised with the petitioners and the residents’ concerns. He also explained that whilst responsibility for responding to the issues rested with East Thames Homes, both the Housing provider and the Council had provided support to the tenants to alleviate the issues. He also reported that the issues were referred to the housing regulator, but it was found that there had been no breech of procedures.

He added that the Mayor would continue to work with the housing provider and the residents to implement their action plans and achieve the outcomes they deserved.

RESOLVED:

1.            That the petition be referred to the Corporate Director, Place for a written response within 28 days.

5.2       Petition relating to Tower Hamlets Nursery Schools

Chris Lewis, Becky Dolomore, and Bridget Cass addressed the meeting and responded to questions from Members. Councillor Rachael Saunders, Cabinet Member for Education & Children's Servicesthen responded to the matters raised in the petition. She expressed concern about the impact government’s changing policy on  service. She also reported that the Council had been permitted a one year disapplication in implementing the plans which they would reapply for each year. They would use this period to identify an appropriate solution to protect early years services.

RESOLVED:

1.            That the petition be referred to the Corporate Director Children’s, for a written response within 28 days.

5.3       Petition relating to Construction/building work in Aston Street E14

Adm Azim Khan Chowdhury addressed the meeting and responded to questions from Members. Councillor Rachel Blake, Cabinet Member for Strategic Development, then responded to the matters raised in the petition. She advised that she took seriously the issues. She reported that she visited the site earlier today to learn more about the problems and that she would be raising Members’ Enquiries about aspects of the work with the appropriate Officers. Environmental Health and Trading Standards were aware of the issues and the Council would be following the issues up with them and also the housing provider to ensure that the construction management plan for the development was implemented.

RESOLVED:

1.            That the petition be referred to the Corporate Director, Place for a written response within 28 days.

Procedural Motion

Councillor Aminur Khan moved and Councillor Shah Alam,seconded, a procedural motion “that under Procedure Rule 14.1.3 the order of business be varied such that item 12.6 Motion regarding Poplar HARCA Auction of 50 Social Dwelling be taken as the next item of business”. The procedural motion was put to the vote and was defeated.

5.4       Petition Debate – Save our Nurseries from Privatisation.

[The text of the petition and the procedure for considering petitions for debate were circulated].

Nouruja Rahman, Shahanara Zaman, and Alicja  ...  view the full minutes text for item 5.

The questions which have been received from members of the public for this Council meeting are set out in the attached report.  A maximum period of 20 minutes is allocated to this agenda item.

The following question followed by a supplementary question was put and was responded to by the relevant Executive Member:-

6.1 Question from Abu Talha Chowdhury:

Can the Mayor outline under what circumstances and in which areas, together with relevant Acts, could the local authority intervene in the schools maintained by the authority - and separately how it differs from a school run by a trust or as a free school?

Response of Councillor Rachael Saunders, Deputy Mayor and Cabinet Member for Education & Children's Services:

To our frustration the ability of the Local Authority to have a leadership role over education is reducing but it remains something that is hugely important to us. Local Authorities may only intervene when the education of the pupils in any individual school is at risk. This includes issues relating to standards, safeguarding, and finances, including pay and conditions. Local Authorities can only intervene in Local Authority maintained schools. Academies and free schools come under the purview of the Regional School Commissioner (RSC) who has the same powers but for all schools including maintained schools. So we can only intervene in maintained schools, the Regional Commissioner can intervene in all schools.

We are in regular contact and have regular discussions with the Regional School Commissioner as you would expect.  Where a school is considered at risk of failing, the Local Authority has the power to issue a formal warning notice. We would usually do this alongside the RSC. There are three forms of intervention: schools that have been judged inadequate by Ofsted, schools that are coasting and schools that have failed to comply with a warning notice.

Supplementary question from Abu Talha Chowdhury:

Can you provide updates on the two motions relating to schools; the death of Nasar Ahmed, Bow School and the results of the investigation at Ian Mikado school. In relation to the Ian Mikado motion, can you confirm that the first Chair of Governors made serious objections to this appointment and said that ‘some crimes should discount individuals from working in schools’ but he was pushed out and eventually left. This quoted evidence collaborates with the member of the governing body of Ian Mikado school, Lisa Stepanovic who came here at this very Council on 20^th July 2016, and said that children told me that they were not allowed to challenge this, I was told that I could not challenge it.

In order to be transparent, could the Deputy Mayor inform who were the two Councillors that were involved in the decision making process of this appointment at Ian Mikado school, and have the recommendations arising out of the review been now fully implemented by the Council and school, if so, what actual changes have taken place?

The Lead Member talked about safeguarding, so my question was which two Councillors were involved in the decision making of safeguarding the children at Ian Mikado school.

Councillor Rachael Saunders’s, response to supplementary question:

The issues you raised are really  ...  view the full minutes text for item 6.

Councillor Sirajul Islam, Statutory Deputy Mayor and Cabinet Member for Housing Management & Performance,made his report to the Council on behalf of Mayor John Biggs summarising key events, engagements and meetings since the last Council meeting.

When Councillor Islam had completed his report and at the invitation of the Speaker, the Leaders of the Opposition Groups then responded briefly to the report.

The questions which have been received from Councillors to be put at this Council meeting are set out in the attached report.  A maximum period of 30 minutes is allocated to this agenda item.

The following questions and in each case supplementary questions were put (except where indicated) and were responded to by the Mayor, relevant Executive Member or Councillor:-

8.1Question from Councillor Sabina Akhtar:

The National Audit Office recently published a report highlighting the major cost pressures that schools face. What assessment has been made of the savings required by schools in Tower Hamlets, including the changes to the school funding formula?

Response of Councillor Rachael Saunders, Deputy Mayor and Cabinet Member for Education & Children's Services:

There are two issues here. One is the additional costs that the government is forcing schools to pay, so that leads to costs pressures of around  8% which includes increases in National Insurance contributions, pension contribution, pay awards and the apprenticeship levy. The real adjustment of this is that if you are a maintained school, you have to pay the apprenticeship levy. If you are an Academy, you don’t, so the way in which the government racks up punishment against schools who are just choosing the way in which they want to be governed. There are also inflationary pressures. We have heard that inflation is going up due to the government’s mismanagement and the pressures on the economy caused by Brexit. In addition to that, the government’s proposed new national funding formula will see our funding cut by 7.6%. This is equivalent to £551 per pupil. The combination of the additional pressure that the government are choosing to put on school’s budgets plus cuts to school funding, if you add it together it is over a £1000 per pupil. Which is terrifying considering how absolutely vital both strong leadership, management, governance and support from parents, and the efforts of children and also good funding has been to the excellent results of schools in Tower Hamlets.

Supplementary question from Councillor Sabina Akhtar:

Do you agree that the new funding formula is an attack on social mobility?

Councillor Rachael Saunders’s, response to supplementary question:

The government’s idea of making school funding ‘fair’ is to take money away from the poorer areas and give it to wealthier areas. Schools across London will have to cut £360m which is the equivalent of nearly 13,000 qualified teachers. Losing £551 per pupil, as I described in addition to the huge budgetary pressures that the government is imposing on our schools really does put the progress our schools have made at serious risk.

Procedural Motion

Councillor Danny Hassell moved and Councillor Rachael Saunders,seconded, a procedural motion “that under Procedure Rule 14.1.3 the order of business be varied such that item 12.7 Motion regarding School Funding be taken as the next item of business”. The procedural motion was put to the vote and was agreed.

Following consideration of the motion, the Speaker adjourned the meeting at 9:15pm. The meeting was reconvened at 9.25pm

8.2 Question from Councillor Oliur Rahman:

In response to my previous council question at 18 January 2017 meeting about vulnerable Syrian refugee children, the Mayor said that  ...  view the full minutes text for item 8.

To receive the report of the General Purposes Committee recommending Full Council adopt the Pay Policy Statement for 2017/18.

The Council considered the report of the General Purposes Committee recommending Full Council adopt the Pay Policy Statement for 2017/18.

Following debate, the recommendations were put to the vote and were unanimously agreed. Accordingly it was

RESOLVED:

1.               That the Pay Policy Statement 2017/18 be agreed.

To receive the report of the General Purposes Committee proposing revisions to Parts 1 to 3 of the Council’s Constitution.

The Council considered the report of the General Purposes Committee proposing revisions to Parts 1 to 3 of the Council’s Constitution.

Councillor Oliur Rahman tabled comments from the Independent Group on the draft changes, it was agreed with the Acting Corporate Director, Governance and Interim Monitoring Officer that the paper would  be considered when the Constitution Working Party next met.

Following debate, the recommendations were put to the vote and were unanimously agreed. Accordingly it was

RESOLVED:

1. That the spreadsheet in Appendix 1 of the report setting out the revisions and the reasons be noted;

2. That the revised Part 1 Summary and Explanation of the Constitution in Appendix 2 with the revisions shown as tracked changes be approved;

3. That the revised Part 2 Articles of the Tower Hamlets Constitution in Appendix 3 with the revisions shown as tracked changes be approved; and

4. That the revised Part 3 Responsibility for Functions of the Tower Hamlets Constitution in Appendix 4 to 12 with the revisions shown as tracked changes be approved.

Nil items.

There was no business to transact under this agenda item.

To receive the report of the Acting Corporate Director, Governance and Interim Monitoring Officer proposing the adoption of the Members’ Allowance Scheme for 2017/18.

The Council considered the report of the Acting Corporate Director, Governance and Interim Monitoring Officer proposing the adoption of the Members’ Allowance Scheme for 2017/18.

Following debate, the recommendations were put to the vote and were agreed. Accordingly it was

RESOLVED:

1.    That the London Borough of Tower Hamlets Members’ Allowances Scheme 2017 be adopted  as set out at Appendix ‘A’ to the report

To consider the report of the Acting Corporate Director, Governance and Interim Monitoring Officer proposing a Committee Calendar for 2017/18.

The Council considered the report of the Acting Corporate Director, Governance and Interim Monitoring Officer proposing a Committee Calendar for 2017/18.

A proposed minor amendment to the calendar was noted as set out in resolution 1 below.

The recommendations were put to the vote and were agreed. Accordingly it was

RESOLVED:

1.    That the proposed calendar of meetings for the municipal year 2017/18 be approved as set out in Appendix A to the report subject to the following changes:

·         The Pensions Committee meeting on 29^th November be moved to 20^th November 2017 at 7pm

·         The Pensions Board meeting on 27^th November be moved to 20^th November 2017at 10am

·         The Employee Appeals Sub Committee meeting on 20^th November be moved to 29^th November 2017 at 6.30pm

2. That the Corporate Director for Governance be delegated the authority to agree meeting dates for any new Committees or Panels that are set up subsequent to this report being presented to Council, subject to appropriate consultation with Members.

12.7    Motion regarding School Funding

Councillor Rachael Saundersmoved and Councillor Danny Hassell seconded the motion as printed in the agenda.

Councillor Rachael Saunders proposed the following amendment to the motion in respect of sentences 3, 4, and 5 under ‘This Council notes that’:

3. Delete ‘£18.8m by 2018/19’, a 7.6% cut and replace with ‘ £32.5m by 2020 – the equivalent of 873 teachers, according to analysis by the NUT’

4.  Delete ‘£511 per pupil by 2018/19’ and replace with ‘£905 per pupil by 2020’.

5.   Delete ‘£360m by 2018/19’ and replace with ‘£657m’ and delete ‘12,857’ and replace with ‘17,638’ and add (NUT analysis) to the end of the sentence.

Councillor Rachael Saunders and Councillor Danny Hassell altered their motion accordingly:

Councillor Oliur Rahman moved and Councillor Ohid Ahmed seconded a friendly amendment to the motion as set out below:

Under This Council believes, add the following:

This Government proposal puts at risk the great strides made in Tower Hamlets by successive administrations. For example, an independent report in December 2013 “Transforming Education for All : the Tower Hamlets Story” concluded that Tower Hamlets has some of the best urban schools in the world.

Under Council Resolves, add the following (bold emphasis part) in point 1

To call on Mayor Biggs to write ‘on a cross-party basis’ to the Department for Education……

Councillor Rachael Saunders and Councillor Danny Hassell indicated that they accepted the amendment and altered their motion accordingly.

Following further debate, the motion as amended was put to the vote and was agreed.

RESOLVED:

This Council notes that:

1.            Tower Hamlets is a place of huge diversity, and deprivation, and over the last 20 years families, schools, young people and the Council have come together to drive up standards through collaboration and through a determination to achieve excellence – backed by a Labour government which funded us appropriately. This is now at risk from Tory cuts.

2.            The Government has proposed a new school funding formula, which will take money from poorer areas and reallocate it to wealthier areas.

3.            The impact of the changes, included with other cost pressures, mean that schools in Tower Hamlets will have to save ‘ £32.5m by 2020 – the equivalent of 873 teachers, according to analysis by the NUT

4.            Schools in Tower Hamlets will lose £905 per pupil by 2020, making the borough the hardest hit in London.

5.            Cumulatively schools across London will need to save £657M under the new system – equivalent to 17,638 qualified teachers (NUT analysis).

6.            The Government’s Budget 2017 included £360m for new free schools and grammar schools, but ignored the financial crisis that our existing schools face.

This Council believes:

1.            The new funding formula won’t bring about fairer school funding across the country. Instead, it will further cut funding from schools already struggling with education cuts.

2.            The new formula will put the progress made by our schools in jeopardy by punishing pupils from the poorest  ...  view the full minutes text for item 12.