Apologies for absence were received from:

1.    Halima Islam (Co-Opted Member); and

2.    Councillor Asma Islam (Cabinet Member for Environment and Planning).

Members are reminded to consider the categories of interest in the Code of Conduct for Members to determine whether they have an interest in any agenda item and any action they should take. For further details, please see the attached note from the Monitoring Officer.

Members are reminded to declare the nature of the interest and the agenda item it relates to. Please note that ultimately it’s the Members’ responsibility to declare any interests form and to update their register of interest form as required by the Code.

If in doubt as to the nature of your interest, you are advised to seek advice prior to the meeting by contacting the Monitoring Officer or Democratic Services

The following Members for transparency declared a potential interest in relation to:

1.    Item 9 Pre-Decision Scrutiny Questions Councillor Marc Francis due to his wife Councillor Rachel Blake being the Deputy Mayor and Cabinet Member for Adults, Health and Wellbeing.

2.    Item 9 Pre-Decision Scrutiny Questions Councillor Ehtasham Haque due to wife Councillor Sabina Akhtar being the Cabinet Member for Culture, Arts and Brexit; and

3.    Item 8.1 Cumulative Impact Assessment Policy 2021 - 2024 Councillor Denise Jones due to her being the owner a property in Brick Lane.

To confirm as a correct record of the proceedings the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 20/09/2021.

RESOLVED

That the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 20^th September 2021 be approved as a correct record of the proceedings and the Chair was authorised to sign them accordingly.

MATTER ARISING

Minute 3. - Update on attendance at the Mayors Advisory Board (MAB) Improvement Session

Further to earlier discussions regarding the LGA’s one-day ‘light-touch’ Corporate Health Check (CHC) on 28^th September 2021. It was noted that after the last meeting the LGA Peer Review Team had been approached to find out what availability could manage in terms of ensuring who the Team got to speak to and the Chair of Overview and Scrutiny was able to speak with them together with a range of people including residents; partners and officers during the one-day visit. Also it was noted that when the LGA return to undertake a full Peer Review then it would be expected that they would be meeting with wider selection of members, residents, partners, and officers.

To receive any petitions (to be notified at the meeting).

Nil items.

Councillor Mohammed Pappu (Chair) provided the Committee with the following update:

v  The latest COVID update information from public health had been circulated today by officers and will aim to continue with this for every meeting.

v  The final session of the Centre for Governance and Scrutiny (CfGS) training session on chairing skills had now taken place. The Chair indicated that he trusted that members had found these CfGS sessions useful and informative and would be incorporated within their scrutiny role.

v  The Chair encouraged members to complete their evaluation feedback so that a better assessment can be undertaken for any future training.

v  The Chair had, had a meeting with the Executive Mayor and the Director of Strategy, Improvement and Transformation to raise those concerns identified by the Committee about (i) engagement with scrutiny; (ii) the relationship between management and scrutiny; and (iii) other members of the wider Council.

v  Stressed the importance of the Councils own Communications Team in raising the profile of Scrutiny, both internally and externally as a means to improving the effectiveness of the function and felt that with regard to the Liveable Streets item 10.1 refers this support had not been provided.

This report follows the 12^th August 2021 by-election, election of Councillor Kabir Ahmed and the subsequent creation of the new Aspire Group on the Council.

The meeting of Council on 30^th September considered a report reviewing the proportionality calculations for the Council’s Committees.

Following that review, the Overview & Scrutiny Committee is asked to consider the proportionality implications for (i) Children & Education; (ii) Health & Adults Scrutiny; and (iii) Housing & Regeneration Scrutiny Sub-Committees and agree their arrangements

The Committee noted that at the meeting of Council on 30^th September a report had been considered that had reviewed the proportionality calculations for the Council’s Committees. This had followed the election of Councillor Kabir Ahmed and the subsequent creation of the new Aspire Group on the Council.

It was noted that whilst this minor change in proportionality did not alter the overall proportions on the 3 Scrutiny Sub-Committees which remain at 5 elected Members nominated by the Labour Group and one Member nominated by an opposition group. There are now two opposition groups on the Council and both have two Members. The Committee is therefore required to set out how it should be determined which of the two opposition groups on the Council should fill each sub-committee vacancy.

As a result of discussions on the report the Committee resolved to agree the following allocations and nominations to the sub committees

Allocations

Nominations (Conservative and Aspire)

1. Children and Education Scrutiny Sub-Committee – Cllr Andrew Wood (substitute Cllr Kabir Ahmed).
2. Health & Adults Scrutiny Sub-Committee – Cllr Kabir Ahmed (substitute Cllr Andrew Wood).
3. Housing & Regeneration Scrutiny Sub Committee – Cllr Andrew Wood (substitute Cllr Kabir Ahmed).

Nominations (Labour)

1. Children and Education Scrutiny Sub-Committee Substitute – Cllr Marc Francis.
2. Health & Adults Scrutiny Sub-Committee Substitute – Cllr Bex White.
3. Housing & Regeneration Scrutiny Sub Committee – Substitute Cllr David Edgar.

The Committee is asked to note:

1.    Forward Plan as published on 28^th of September 2021.

2.    The Forthcoming Decisions Plan (or 'Forward Plan') will be published at least 28 days before each Cabinet meeting setting out information on all the Key Decisions that are expected to be taken at that meeting, along with other Cabinet decisions where known.

3.    Publication dates for future Forthcoming Decision Plans are available on the Cabinet web pages. In advance of being published on the new Plan, individual notices of new Key Decisions will be published as they are known and these are listed as New Issues.

Noted.

No decisions of the Mayor in Cabinet (22/09/2021) in respect of unrestricted reports on the agenda were ‘called in’.

Nil Items.

The Committee is asked to:

1.    Consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Benthal Green; and

2.    Consider and agree the reviewed CIA Policy Statement, which has been reviewed in light of the consultation. 

The Committee received a report regarding the Councils Cumulative Impact Assessment (CIA) Policy for 2021 – 2024.

The Committee noted that the Council (i) as a Licensing Authority must review its Cumulative Impact Policies every 3 years; (ii) has two Cumulative Impact Policies or Cumulative Impact Assessments (CIA) as they are now referred to in the legislation and government guidance; (iii) introduced the first CIA in Brick Lane which has been in place for approximately 7 years and the second one, which is in Bethnal Green, has been in place for 3 years.The main points of the discussion and questions arising may be summarised as follows.

The Committee:

v  Observed that the Cumulative Impact Assessment forms part of the Council’s Statement of Licensing Policy and therefore if CIAs are adopted, then the Statement of Licensing Policy needs to reflect this change. As part of the review of these CIAs a statutory consultation process took place between the 28th of January and 22nd April 2021. If accepted, the reviewed CIAs, which form part of the Statement of Licensing Policy, will go to full Council for adoption.

v  Understood that the concept of Cumulative Impact has been included within Section 182 Licensing Guidance issued by the Home Office since the implementation of the Licensing Act 2003. The Act regulates the sale of alcohol, late night refreshment and the provision of entertainment. Section 5 of the Act requires licensing authorities to publish a Statement of Licensing Policy every five years (amended by the Police Reform and Social Responsibility Act).

v  Commented that a Borough Wide Policy would help to address if there are hotspots of anti-social behaviour or crimee.g. many residents indicate that antisocial behaviour is they feel linked to the use of nitrous oxide or some licensed premises is a significant concern. In response it was noted that before acting LBTH would have to ensure that there is adequate evidence from partner agencies that there is a high concentrations of issues and at present these are addressed through the existing CIAs in Brick Lane and Bethnal Green.

v  Requested that they receive details on the mechanisms that the resident’s and councillors can bring premises in front on a licensing committee.

v  Noted that with regards to individual premises or individual locations LBTH have other powers that that could be used in regards licensed premises and the predominant power is about reviewing a licence where local residents or ward Councillors can bring a licensed premise in front of the Licensing Committee for review of that licence which could result in that licence being revoked or further conditions being put on that licence.

v  Noted that LBTH has looked at the data used to address issues in relation to licensed premises and were very confident that the data especially that from the Metropolitan Police Service (MPS) and in relation noise nuisance provided from the LBTH own service. However, that the data is one element the other element of the information being outlined  ...  view the full minutes text for item 9.1

To review progress of the Liveable Streets Programme

The Committee received a presentation on the Liveable Streets programme which is intended to improve the look and feel of public spaces in neighbourhoods across the Borough and aims to make it easier, safer, and more convenient to get around by foot, bike, and public transport. The programme also aims to reduce people making ‘rat runs and shortcuts through residential streets to encourage more sustainable journeys and to improve air quality and road safety.

The Chair welcomed Mayor John Biggs and Councillor Kahar Choudhry Cabinet Lead for Highways and Public Realm here in person today, Ann Sutcliffe Corporate Director for Place and Dan Jones Divisional Director for Public Realm who are joining virtually for attending this evening. However, before the Chair handed over to the Mayor he stated that the Committee would like to know the following (i) which of the schemes have been delivered so far and will continue given the recent announcement on the pausing of the Scheme; (ii) what does the recent announcement on the pausing of the scheme mean; (iii) What were the challenges faced and what does the future of the scheme or any schemes similar to this will look like; (iv) the budget implication on the financial implication to this programme and decision; (v) listening to ward councillors representing the views of their constituents and their own experience.  The main points of the discussion and questions arising may be summarised as follows.

The Committee:

v  Expressed concern regarding the failure of the Councils own Communications Team to support scrutiny in promoting its activities and especially on this item. Also it was noted that whilst a press release had been sent out today there is a need of further support in raising the profile of Scrutiny, both internally and externally as a means to improving the effectiveness of the function.

v  Noted that the Chair had, had to publish a video on his own social media account to increase wider awareness of tonight’s meeting.

v  Noted the concerns that residents had raised in terms of the apparent short notice of this item however the work programme for Overview and Scrutiny had been published in June 2021 and this item was on the was on the list.

v  Noted that (i) an open letter had been received signed by 217 residents highlighting concerns regarding the Liveable Streets Programme; (ii) the Chair had also received a range of e-mails highlighting concerns and questions on the programme which had been shared with Members. The Committee were asked to be mindful of those concerns in tonight’s discussions.

v  Noted on the whole residents are supportive of the Liveable Streets Scheme but many have expressed frustration of the slowness of the implementation

v  Agreed that the Liveable Streets Scheme was always about so much more than closing a few roads and with COP26 (Conference of the Parties) coming up there are concerns especially amongst young people about what is happening across the planet and the impact on our  ...  view the full minutes text for item 10.1

The Committee will receive updates from all the Scrutiny Leads in regard to their portfolio’s.  The written updates are attached any verbal updates will be presented at the meeting.

The Committee received and noted the updates submitted and also received the following verbal update from Councillor Bex White on the recent SEND inspection.

The Committee:

v  Noted that the Special educational needs and disabilities (SEND) has been a regular item on the Children’s Sub-Committee agenda throughout including a “deep dive” in October 2019 the Sub-Committee then had an update to the Committee on SEND inspection preparation in February 2021 and James Thomas, Corporate Director, Children and Culture commented that of the three SEND inspections that this will be the most challenging the inspection and the Sub-Committee had a brief update at the September 2021 meeting but the outcome of the inspection was at that point embargoed by Ofsted and it was not possible to be shared at that point. 

v  Noted that Councillor White as the Chair had not been made aware of the outcome of the inspection about point because of the embargo and therefore, limited what could be shared at that time.

v  Noted that the outcome of the inspection was that LBTH is required to produce a written statement of action because of some areas of significant weakness within the SEND service as the outcome letter did highlight a number of strengths and some key areas for development and the written statement of action will cover those areas of significant weakness. Which are the poor quality and oversight of Education, Health and Care Plans (EHCP) plans including annual the process; the lengthy waiting times for assessment and diagnosis of Autistic Spectrum Disorder (ASD); fragmentation in the provision of speech and language therapy which means too many children and young people do not get the specialist help and support they need; weaknesses in communication between area leaders and parents e.g. misunderstandings for many families are not aware of services they could access and do not have knowledge of the areas plans to improve.

v  Noted that there is a plan for a “deep dive” discussion at the February meeting of the Sub-Committee and we chose this date so LBTH has the opportunity to begin to address the areas of significant weaknesses and so that we can then input into that process as it goes along and there are further plans in place to improve support for children with SEND more generally these are via the SEND improvement plan which is monitored by the multi-agency SEND improvement board which is sub-group of the Health and Wellbeing Board.

v  Noted that work on the return SEND Action Plan has begun and is this would be submitted to the Office for Standards in Education, Children's Services and Skills (Ofsted) and the Department for Education (DfE) by the end of December 2021 Meaning that when the Sub-Committee looks at the issue it will be the first meeting that has had an opportunity to look at that response and Councillor White agreed to keep the Committee updated on this issue as it progresses.

To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.

Following comments by the Committee the Pre-Decision Scrutiny Questions (PDSQ) Members agreed the particular questions/recommendations that they wanted to raise with Cabineton the 20^{th of} September 2021 (See attached appendix).

To consider any other unrestricted business that the Chair considers to be urgent.

Councillor Francis raised the following:

New Homes Bonus

Councillor Francis place on record his thanks for officers who had provided information about the New Homes Bonus benchmarking and whilst he indicated that he would like to know which local authorities were included in the benchmarking process it was appreciated that this information would not necessarily within the public domain.  However, it would be of use to have that information when the Committee next scrutinises the Budget.

Victoria Park

The Committee noted an issue about commercial contracts for events in Victoria Park which went to the Cabinet in January 2017 after a long history of problems with “Live Nations” events and the new contract was awarded to AEG and under that contract events had been much better managed than by their predecessors.

However, it was noted that this year AEG came back with a variation of the contract to hold an event in August and that was supposed to be a one off but it was noted that AEG want to hold the event in August at least next year if not the year after as well and so there's a lot of issues about the way that these decisions are being made or delegated to officers to drawn up that contract.

It was noted that if this had been considered as a key decision this would then be subject to some kind of public information and scrutiny. In addition, the committee needs to have an explanation about how LBTH came to be in a position where LBTH is not perhaps as well placed to negotiate any changing variation in that contract.

In conclusion, the Chair called this meeting to a close; thanked all those attending for their contributions and informed the Committee that the next meeting would be on Monday, 22^nd of November 2021.

Noted.

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

To consider any other exempt/ confidential business that the Chair considers to be urgent.

Nil items.