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Home > Council & democracy > Council meetings > Agenda for Overview & Scrutiny Committee on Wednesday, 14th August, 2019, 6.30 p.m.

Agenda and minutes

Call-In Meeting, Overview & Scrutiny Committee - Wednesday, 14th August, 2019 6.30 p.m.

  • Attendance details
  • Agenda frontsheet PDF 371 KB
  • Agenda reports pack PDF 8 MB
  • Printed minutes PDF 221 KB

Venue: Room C1, 1st Floor, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG

Contact: David Knight, Democratic Services  Tel: 020 7364 4878 E-mail:  david.knight@towerhamlets.gov.uk

Media

Items
No. Item

1.

DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST pdf icon PDF 117 KB

  • View the background to item 1.

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.

 

Additional documents:

  • Webcast for 1.

Minutes:

The following Councillors declared an interest that must be registered in Agenda Item 2.1

 

  • Councillor Sufia Alam;
  • Councillor Kahar Chowdhury;
  • Councillor Marc Francis;
  • Councillor Tarik Khan; and
  • Councillor James King.

 

The following Councillor declared an interest that must be declared in Agenda Item 2.2

 

  • Councillor Tarik Khan

 

2.

UNRESTRICTED REPORTS 'CALLED IN'

  • View the background to item 2.

Additional documents:

  • Webcast for 2.

2.1

Local Community Fund pdf icon PDF 234 KB

  • View the background to item 2.1

The report “Local Community Fund” was considered by the Mayor in Cabinet on 31st July, 2019. The following was agreed and published on Friday 2nd August, 2019

 

1.    To agree the Local Community Fund programme and funding to individual organisations as set out in appendix F to the report for a period of 42 months from 1st October 2019 to 31st March 2023, subject to agreement of detailed funding agreements setting out the outcomes the funded projects are expected to achieve and conditions of funding. Subject to the following:

 

a.            That a delivery plan for the mitigation measures set out in paragraph 3.56 of the report, including how these will address the concerns raised at Cabinet with regards to meeting the needs of Somali and other minority community residents, be presented to the Mayor for consideration and agreement prior to the conclusion of the final funding agreements set out in Appendix F;

b.            That the ‘Advice and Information’ Scheme 3A, will not be implemented until a further report is presented to the Mayor setting out how the recommended advice consortium will provide wide geographic coverage including in the south west area of the borough and will reach excluded communities; and

c.            That the report referred to in 1a above will include appropriate timelines for the mitigation measures set out in the Equality Analysis Action Plan referred to in 3 below.

 

2.    To agree that transitional arrangements will be put in place for funded organisations set out in paragraphs 3.54 to 3.58 of the report;

 

3.    To note the Equality Analysis and the specific equalities considerations as set out in paragraph 4 of the report and to agree the Equality Analysis Action Plan set out in appendix A to the report; and

 

4.    That a separate report be presented to the Mayor setting out how the Council supports areas such as ‘play’, ‘sports’ and ‘activities for elders’ outside of the Local Community Fund programme and how the conclusion of Mainstream Grants will impact on these programmes.

 

The above has been ‘Called-In’ by Cllr Puru Miah; Cllr Ehtasham Haque; Cllr Shah Ameen; Cllr Shad Chowdhury and Cllr Gabriela Salva Macallan.  This is in accordance with the provisions of the Overview and Scrutiny Procedure Rules of the Council’s Constitution.

 

RECOMMENDATION

 

That the Overview and Scrutiny Committee (OSC) considers:

 

1.    The contents of the attached report, review the Mayor in Cabinet’s decision (provisional, subject to Call In) arising; and

 

2.    Decide whether to accept the decision or to refer the matter back to the Mayor with proposals and reasons.

 

CONSIDERATION OF THE “CALL IN”

 

Having met the “Call In” request criteria, the matter is referred to the OSC in order to determine the “Call In” and decide whether or not to refer the matter back to Cabinet for further consideration. 

 

The following procedure is to be followed by the Committee for consideration of the “Call In”:

 

·         Chair to invite a call-in member to present call-in.

·         Chair to invite members of the Committee to ask  ...  view the full agenda text for item 2.1

Additional documents:

  • 6.2 Local Community Fund , item 2.1 pdf icon PDF 561 KB
  • 6.2a App A Equality Analysis , item 2.1 pdf icon PDF 1 MB
  • 6.2b App B Themes and Schemes , item 2.1 pdf icon PDF 213 KB
  • 6.2c App C Co-production and Consultation , item 2.1 pdf icon PDF 553 KB
  • 6.2d App D Training and Support , item 2.1 pdf icon PDF 356 KB
  • 6.2e App E Assessment Criteria , item 2.1 pdf icon PDF 493 KB
  • 6.2f App F Recommended Bids , item 2.1 pdf icon PDF 380 KB
  • 6.2g App G Distribution of proposed services , item 2.1 pdf icon PDF 2 MB
  • Webcast for 2.1

Minutes:

The Committee noted that the decision made by the Mayor in Cabinet on Wednesday, 31 July 2019 in respect of agenda item 6.2 ‘Local Community Fund’ had been ‘called in’ under the Overview and Scrutiny Committee Procedure Rules of the Council’s Constitution by Councillors Puru Miah, Gabriela Salva-Macallan, Ehtasham Haque, Shad Chowdury and Shah Ameen (‘Call-in Members’).

Accordingly, the Committee considered the:

·         Cabinet report

·         Mayor in Cabinet Decision published on 2 August 2019

·         “Call in” requisition from the Call-in Members (undated)

·         Representations by the Cabinet Member for Resources and the Voluntary Sector, Cllr Candid Ronald, and the Mayor, John Biggs. 

·         Representations by the Call-in Members

The Committee also noted that thedecision, published on 2 August 2019 had:

 

·         Agreed the Local Community Fund programme and funding to individual organisations for 42 months from 1 October 2019 to 31 March 2023, subject to stated conditions;

·         Agreed that transitional arrangements will be put in place for funded organisations as described;

·         Noted the Equality Analysis and the specific equalities considerations; and

·         Sought a separate report be presented to the Mayor setting out how the Council supports areas such as ‘play’, ‘sports’ and ‘activities for elders’ outside of the Local Community Fund programme and how the conclusion of Mainstream Grants will impact on these programmes.

 

In addition, the Committee noted the following alternative course of action proposed in the call-in:

 

·         To delay the decision regarding the Local Community Fund programme and funding to individual organisations for 42 months from 1 October 2019 - to allow for the plan for the mitigation measures (as set out in the Cabinet report) to go to Overview and Scrutiny Committee on 23 September 2019;

·         To extend if necessary the MSG programme by a month, delaying implementation of the LCF by a month, to (i) provide coverage for those services (potentially impacted) – while the decision goes to Cabinet on 25 September 2019; (ii) conduct spend analysis and audits of organisations for gender, BAME, locality; and (iii) answer questions about double/triple ‘dipping’ regarding funding;

·         The spend analysis and mitigation report should be sent to all members to consider and feedback; and

·         That a special session of the Overview and Scrutiny Committee on 23 September 2019 be convened to address legitimate concerns regards the awards – with views of the Committee provided to Cabinet on 25 September 2019.

The Call-in Members then presented to the Committee their reasons for the call-in and above mentioned alternative course of action, and they also indicated that they felt that:

·         The outcome of the LCF programme is contrary to the Councils community strategy in that local, small organisations are excluded from funding and bigger organisations with better capability to apply, and go through application process, receive funding, and will result in job losses throughout the voluntary and community sector; and

·         The procurement of the assessment service is flawed – there was only one bidder; their capability and expertise is not sufficient; they do not know the Borough and the process was not fair or  ...  view the full minutes text for item 2.1

2.2

LBTH/THH Strategic Review of Housing Management Options pdf icon PDF 325 KB

  • View the background to item 2.2

The report “Strategic Review of Housing Management Options” was considered by the Mayor in Cabinet on 31st July, 2019. The following decisions were agreed and published on Friday 2nd August, 2019

 

1.    To note the findings of Altair’s independent review of current housing management arrangements and appraisal of future options (Appendix 1 to the report).

 

2.    To note the outcome of the recent consultation exercise (Appendix 2 to the report) and agree to proceed with the extension of the Council’s management agreement with Tower Hamlets Homes for four years (to 2024), with a possible extension for a further four years (to 2028).

 

3.    To delegate to the Corporate Director (Place) after consultation with the Corporate Director (Governance), authority to complete the said extension by July 2020 and do all that is necessary for this purpose including negotiating and approving a revised Management Agreement.

 

Decisions above have been ‘Called-In’ by Cllr Puru Miah; Cllr Ehtasham Haque; Cllr Shah Ameen; Cllr Shad Chowdhury and Cllr Gabriela Salva Macallan.  This is in accordance with the provisions of the Overview and Scrutiny Procedure Rules of the Council’s Constitution.

 

RECOMMENDATION

 

That the Overview and Scrutiny Committee (OSC) considers:

 

1.    The contents of the attached report, review the Mayor in Cabinet’s decision (provisional, subject to Call In) arising; and

 

2.    Decide whether to accept the decision or to refer the matter back to the Mayor with proposals and reasons.

 

CONSIDERATION OF THE “CALL IN”

 

Having met the “Call In” request criteria, the matter is referred to the OSC in order to determine the “Call In” and decide whether or not to refer the matter back to Cabinet for further consideration. 

 

The following procedure is to be followed by the Committee for consideration of the “Call In”:

 

·         Chair to invite a call-in member to present call-in.

·         Chair to invite members of the Committee to ask question.

·         Chair to Invite Cabinet Member to respond to the call-in.

·         Chair to invite members of the Committee to ask questions.

·         Followed by a general debate.

 

N.B.    In accordance with the OSC Protocols and Guidance adopted by the Committee at its meeting on 4th June, 2013, any Member(s) who present(s) the “Call In” is (are) not eligible to participate in the general debate.

 

It is open to the OSC to either resolve to take no action (which would have the effect of endorsing the original Mayoral decision/s), or to refer the matter back to the Mayor for further consideration setting out the nature of its concerns and possibly recommending an alternative course of action.

 

Additional documents:

  • 6.3 Strategic Review of Tower Hamlets Homes , item 2.2 pdf icon PDF 352 KB
  • 6.3a Appendix 1 - LBTH - ALMO Options Review 18-19 - Final Report , item 2.2 pdf icon PDF 805 KB
  • 6.3b Appendix2 Resident Consultation , item 2.2 pdf icon PDF 130 KB
  • 6.3c Appendix3 Mayors final letter , item 2.2 pdf icon PDF 370 KB
  • Webcast for 2.2

Minutes:

The Committee noted that the decision made by the Mayor in Cabinet on Wednesday, 31 July 2019 in respect of agenda item 6.3 ‘Strategic Review of Tower Hamlets Homes’ had been ‘called in’ under the Overview and Scrutiny Committee Procedure Rules of the Council’s Constitution by Councillors Gabriela Salva-Macallan, Ehtasham Haque, Puru Miah, Shah Ameen and Shad Chowdury (‘Call-in Members’).

The Committee considered the:

·         Cabinet report

·         Mayor in Cabinet Decision published on 2 August 2019

·         “Call in” requisition from the Call-in Members (undated)

·         Representations by the Cabinet Member for Housing, Councillor Sirajul Islam. 

·         Representations by the Call-in Members

The Committee then noted that the Mayor in Cabinet’s decision, published on 2 August 2019 had:

  • Noted the findings of Altair’s independent review of current housing management arrangements and appraisal of future options;
  • Considered the outcome of the recent consultation exercise and agreed to proceed with the extension of the Council’s management agreement with Tower Hamlets Homes for four years, possible extension for a further four years (to 2028);
  • Delegated to the Corporate Director (Place), in consultation with the Corporate Director (Governance), authority to complete the above extension by July 2020.

The Committee was advised that alternative course of action proposed in the call-in was:

  • That the THH contract is extended for a maximum of two years to undertake a full consultation and resident-led appraisal of option 1: in-house management;
  • That the Council arranges a peer review for delivery of housing options, assisted by an independent advisor experienced in finance, risk and partnerships to undertake economic and governance modelling of housing options; and informed by a full risk register and comprehensive risk assessments; and
  • Undertake economic modelling of financial implications of housing options that reflects the lifting of the HRA debt cap.

Call-in members presented to the Committee the reasons for call-in and their proposed alternative course of action, and added that:

·         Across London, other Local Authorities Arm’s Length Management Organisations (ALMO) are different to that as presented in the consultant’s/Altair’s report;

·         Engagement with residents was insufficient and contrary to LBTH engagement policy and good practice regarding engagement and consultation; and

·         The Altair report wasn’t part of the consultation and didn’t consider HRA debt, value of in-house management, or savings potential for in-house management/options.

Committee then posed a number of questions concerning:

·         The implications of the two year delay, or four year extension

·         Opportunities to make savings, and performance improvements in house

·         Whether consultation was sufficient

·         Whether the benefits of in house consultation were described in enough detail

·         What the issue with HRA debt cap was

·         Whether Full Council considers this decision

·         Whether there may be THH workforce implications

The Lead Member then advised the Committee that the consultation had been undertaken according to legislation, and that lifting the HRA debt cap has no impact for the management.

The Committee then raised concerns over:

·         The adequacy and extent of consultation

·         The period of extension

·         What residents feel about the proposal

·         Savings and performance potentials

·         Risk of bringing in-house, or maintaining externally

After  ...  view the full minutes text for item 2.2

3.

EXCLUSION OF THE PRESS AND PUBLIC

  • View the background to item 3.

The Call-In documents are presented as unrestricted documents on the agenda. However, should the committee need to discuss any matters that were exempt/restricted then the Committee are recommended to adopt the following motion:

 

“That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.”

 

Additional documents:

  • Webcast for 3.

Minutes:

As the agenda circulated contained no exempt/ confidential business and there was therefore no requirement to exclude the press and public to allow for its consideration.

 

 

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