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 interest were received.

The report “Securing the future of early years services – local authority day nurseries” was considered by the Mayor in Cabinet on 27th June 2018. The following decisions were agreed and published on Friday 29^th June 2018:

1.            To note the proposal to undertake a phased closure of the council’s three childcare day nurseries.

2.            To agree that consultation take place in respect of the said proposal(s) and that the feedback of the said consultation to be brought back to the mayor for consideration.

3.            To note what further actions will be undertaken to improve the availability of affordable and accessible childcare.

Decision (2) above has been ‘Called-In’ by Cllr Puru Miah; Cllr Tarik Khan; Cllr Eve McQuillan; Cllr Shad Chowdhury and Cllr Gabriela Salva Macallan.  This is in accordance with the provisions of rule 16 of the Overview and Scrutiny Procedure Rules in Part 4 of the Council’s Constitution.

The Call-in Submission is presented as Document 1 under agenda item 3.1, the report presented to Cabinet is presented as Document 2.

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.

1.    Noted that the Mayor in Cabinet had decided that the Council consult on the proposal of a phased closure of the Local Authority Day Nurseries and that the feedback of the consultation be brought back to the Mayor for further consideration. The consultation proposal set out that Mary Sambrook Local Authority Day Nursery would close at the end of July 2018, followed by John Smith Local Authority Day Nursery and Overland in the first half of 2019;

2.    Was advised that the Cabinet Report had been published on Friday, 22^nd June, 2018 before the Mayor in Cabinet made his decision on Wednesday, 27^th June, 2018. Accordingly, Call-in Members raised concerns that Councillors had insufficient time to (i) consider the report in full, (ii) carry out appropriate due diligence on a key decision and (iii) explore alternative options available;

3.    Noted that the Call-in Members also raised concerns that the proposed consultation does not constitute full and meaningful consultation with residents e.g. the proposed consultation of twenty eight days combined with the start of the phased closure of the Local Authority Day Nurseries at the end of July, provided a very short period of time in which to explore options, consult with parents and staff and consider feedback fully;

4.    Noted that the Call-in Members had also highlighted that the consultation only proposed the options to close the Local Authority Day Nurseries or to maintain the status quo and had suggested that further options should be consulted on;

5.    Was advised the Call-in Members therefore proposed that a working group of Executive and Non-executive Councillors should be set up and provided with sufficient information to explore more options to consult on, particularly around the financial viability of the Local Authority Day Nurseries. It was suggested that the working group work with unions, parents and obtain information from other Local Authorities could look at the funding gap and draw up alternative options. The Call-in Members then proposed consulting in September;

6.    Also noted tabled information on a public consultation by Salford City Council on proposals to find a more cost effective way to deliver local authority nurseries. The Committee noted that the Salford City Council consultation proposed a 90 day consultation with parents, staff, schools and the private and voluntary sector.

The Committee then received and noted the response from the Lead  ...  view the full minutes text for item 2.1

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.”

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.