Agenda and minutes
Venue: Committee Room One - Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG. View directions
Contact: Angus Taylor, Democratic Services Tel: 020 7364 4333 E-mail: angus.taylor@towerhamlets.gov.uk
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APOLOGIES FOR ABSENCE To receive any apologies for absence. Minutes: Apologies for absence were received from:
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DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 64 KB 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 Interim Monitoring Officer.
Minutes: No declarations of pencuniary interest were received.
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UNRESTRICTED MINUTES PDF 237 KB To confirm as a correct record of the proceedings the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 30 September 2014.
Minutes: The unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 30th September, 2014 were approved as a correct record of the proceedings.
VARIATION TO ORDER OF BUSINESS
It was:-
Resolved
That the Order of Business be varied to enable the OSC to consider next consider agenda item 7.1 Co-options to Overview and Scrutiny Committee and membership. Thereafter agenda item 7.2 Covert Investigation under the Regulation of Investigatory Powers Act 2000 (“RIPA”) and then agenda item 4 Petitions. Subsequently to return to the order of business detailed in the agenda.
Please note that for ease of reference, OSC deliberations in respect of agenda items 7.1; 7.2 and 4 and subsequent decisions taken, are set out below in the order detailed in the agenda. |
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REQUESTS TO SUBMIT PETITIONS To receive any petitions (to be notified at the meeting).
Minutes: The Chair advised OSC that a petition had been submitted to the Service Head of Democratic Services against proposed closure of all public nurseries in the Borough. It did not meet the criteria as set out in the constitution for the receipt of a petition at OSC (it does not relate to an agenda item and the number of signatories who as live work study in the borough has yet to be fully verified). However, the Chair indicated that he was minded to allow the petitioners to address the Committee and present their petition given the importance of the petition's subject to local residents and the current public consultation exercise on Budget savings proposed for consideration by the Mayor in Cabinet in December.
It was:
Resolved
To suspend Council Procedure Sub Rule 19.4 “Scope of petition, under the provisions of Council Procedure rule 26.1 “Suspension” in order for the Committee to receive the petition.
OSC received and noted a petition presented by Alicja Toij and Dionne Kayley with regard to Public Nursery Provision in Tower Hamlets the main points of the petition are set out as follows:
The petition called on Tower Hamlets Council and Department for Communities and Local Government to reverse proposed cuts and review the proposal regarding the closure of all public nurseries Queen Mary, John Smith, Mary Sambrook, Overland and instead offer fair and robust consultation with public, parents, staff, and Trade Unions to work on a way forward, which will allow the continuation of such a valuable service. Involve parents groups i.e. system such as schools governing body, parents involvement to be introduced to assist the Council in efficient running of the service, public voice, quality assurance.
These nurseries are outstanding and part of the community history and cohesion. Some have been running for over 30 years, with dedicated well trained staff teams. All 4 remaining have provided affordable childcare to children with different type of needs i.e. special educational needs, disabled children, lone parents, students, residents that may require support. Closures will affect parents’ ability to work, study. Disruptions will affect the children's wellbeing. Currently the petitioners understood that over 120 children that are affected by this proposal.
These nurseries offer children quality care and are alternative to often overpriced private sector nurseries. Poverty of families in Tower Hamlets is increasing, so is the younger population of children under 10, therefore as parents and residents of the Borough we call for the Council to withdraw the closure proposals and instead engage with public, parents on how to support the outstanding nurseries to continue their work within the local community. These nurseries provide a real value to community i.e. cost wise and quality, as they have highly skilled staff working with the children.
In addition, the Committee noted that a sample of 30 signatures had been received with the petition and that the petitioners indicated that to date they have collected 1109 signatures.
As a result of discussions on the petition the Committee agreed ... view the full minutes text for item 4. |
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UNRESTRICTED REPORTS 'CALLED IN' No decisions of the Mayor in Cabinet (01 October 2014) in respect of unrestricted reports on the agenda were ‘called in’.
Whether any recent unrestricted decisions of the Mayor outside Cabinet, taken under executive powers, were “Called In” will be notified at the meeting.
Minutes: The clerk informed Committee members that:
1. No unrestricted decisions of the Mayor in Cabinet on 1st October, 2014 had been “Called In”; and 2. No recent unrestricted decisions of the Mayor outside Cabinet, taken under executive powers, had been “Called In”.
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SCRUTINY SPOTLIGHT - SOCIAL HOUSING PROVIDER To receive an oral presentation from Mick Sweeney, Group Chief Executive One Housing Group or John Gregory, Group Director of Housing Services - One Housing Group, with a focus on performance.
Minutes: The Committee noted that on 2nd September, 2014 they had agreed that One Housing Group be formally requested to attend an OSC in the near future to discuss serious concerns, held by Members across the Borough, with housing management on estates in the Borough managed by OHG. In addition, the Corporate Director Development and Renewal had been in dialogue with Mick Sweeney the CEO of OHG and he had agreed to attend a future OSC and officers were liaising on a date that would be congruent with the OSC work programme
Unfortunately it was noted that One Housing Group had declined this invitation to attend this evening, however they had asked for the date of the Committee’s next meeting in December so that they can programme their attendance.
Resolved
The Committee requests:
A. The Corporate Director Development & Renewal and Service Head Corporate Strategy and' Equality to continue their efforts to engage OHG in this important partnership working.
B. The Service Head Corporate Strategy andEquality to extend an invitation to the following Housing Providers to January and February meetings of this Committee:
i. Old Ford and Circle Anglia (the local provider and their Group owner) January, 2015; and ii. Tower Hamlets Homes February, 2015.
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UNRESTRICTED REPORTS FOR CONSIDERATION |
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Co-options to Overview and Scrutiny Committee and membership update PDF 75 KB To note the current position in relation to the co-option of representatives in respect of education matters, agree to extend the co-option of current Parent Governor representatives, and subsequently to note the current membership of the OSC.
Additional documents: Minutes: The Committee received and noted a report that provided an update on the current position in relation to the co-option of Parent Governor and Muslim Community representatives in respect of education matters.
As a result of consideration of the report the Committee:
1. Noted the current position in relation to the co-option of representatives in respect of education matters, as set out at paragraphs 3.1 to 3.4 of the report; 2. Agreed to the extension of the co-option of Parent Governor representatives, co-opted to the membership of the Committee at the start of the Municipal Year, until new nominations are approved by full Council, as set out at paragraph 3.4.4 of the report; and 3. Noted the current membership of the Committee as set out in Appendix 2 of the report.
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Covert investigation under the Regulation of Investigatory Powers Act 2000 PDF 48 KB To consider and comment on the information contained in Appendix 1.
Additional documents: Minutes: Councillor Ohid Ahmed (Cabinet Member for Community Safety) introduced and highlighted the key points in the report.
The main points of the discussion on this report may be summarised as follows. The Committee:
· Expressed satisfaction with the use of RIPA but would wish to see its wider use in the Borough to tackle Anti-Social Behaviour. The Committee noted that the use of RIPA by the Council and the Police would be dependent on whether it was considered to be the most appropriate measure to address a particular situation. · Asked if RIPA is used to address drug related crime, they were informed that RIPA is primarily a statutory function of last resort as directed surveillance. This is why the Council have employed other resources such as paying for additional Police Officers and deployment of Tower Hamlets Enforcement Officers. · Noted the observations made by the Council’s Standards Committee when it considered the Councils use of covert investigations. · Noted that the Council cannot undertake surveillance without a court authority. · Noted that RIPA has been utilized on a case by case basis in the Borough and has particularly been used to address such crimes as breach of licences, and. touting and underage sales. · In relation to the other priority areas in the policy the Committee was informed that their inclusion was to enable rather than require action. The Committee was reminded that RIPA is not always the most appropriate method to address such crimes. The Council and its partner agencies do utilise a range of tried and tested methods which require very careful consideration of the level of intervention that is actually required together with the need to ensure that they satisfy the Courts and the Surveillance Commissioner that all the potential alternative methods have been duly considered and utilised. · Asked if there was bench marking data available on the use of such methods by other local authorities. In response it was noted that when the Council reviewed the enforcement activity across Tower Hamlets in 2012 consideration had been given to the extent of enforcement and what had been the impact. · Whilst noting this point felt that their experience as ward councillors and community representatives seemed to indicate that crimes such as ASB are not being properly addressed and action is required. In response it was noted that there has been considerable activity to address such crimes, although it is recognised that the prosecution or threat of prosecution does not always lead to a change in behaviour by the perpetrators of such crimes. · Whilst acknowledging that RIPA is one of a number of enforcement measures to consider in response to certain criminal activity and needs to be considered within the broader context of enforcement, they wanted to know what was being done by the Housing Providers with the support of the Council and other Partner Agencies to address these crimes. · Noted that notices under RIPA for the use of particular covert techniques can only be given once an order approving the authorisation or notice ... view the full minutes text for item 7.2 |
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Complaints and Information Governance Annual Report PDF 74 KB To consider and comment on the content of the annual report.
Additional documents:
Minutes: Councillor Aminur Khan (Cabinet Member for Policy, Strategy and Performance) introduced and highlighted the key points in the report. The Committee:
The Chair thanked Councillor Aminur Khan (Cabinet Member for Policy, Strategy and Performance) for attending tonight’s meeting and it was:-
Resolved
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Progress Report: Removing Barriers to Youth Employment PDF 179 KB To consider a progress report on implementation of the Removing Barriers to Youth Employment Scrutiny Review recommendations, and whether further scrutiny is required or further progress monitoring.
Additional documents: Minutes: The Committee received and noted a report presented by Anne Canning (Service Head Learning and Achievement, Education Social Care and Wellbeing) and Andy Scott (Interim Service Head Economic Development, Development and Renewal) that had been prepared following the consideration by the Committee of a scrutiny report entitled ‘Removing barriers to youth employment’ that had been taken to Overview and Scrutiny Committee in July 2013 and a six month update report on the progress of recommendations that had been received in March 2014 when a further report had then been requested on those recommendations which had not been fully implemented. The main points of the discussion following consideration of the report by the Committee are summarised as follows:
The Committee:
Resolved
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Reference from Council - Judicial Review on the Best Value Inspection PDF 58 KB To note the referral request and consider a response.
Additional documents: Minutes: The Committee noted that at its meeting on 10th September 2014, Council considered an urgent motion on the Council’s decision to judicially review the Best Value Inspection. After debating the matter, Council had resolved to request that the Overview and Scrutiny Committee review the process whereby the decision to seek a Judicial Review was implemented and to present a report back to Council for consideration.
Council had also recommended that the Overview and Scrutiny Committee, in conjunction with the Head of Paid Service, engage a completely independent legal advisor to provide assistance to the Committee during the consideration of this matter. The main points of the discussion following consideration of the report by the Committee are summarised as follows:
The Committee:
Asked about the procuring of independent legal advice to assist them. Officers undertook to speak to the appropriate officer about the procurement of this assistance.
Agreed that OSC should consider the Executive response to the Best Value inspection once this had been produced and, in any event, should consider the findings with regard to the scrutiny specific elements of the report at its next meeting. The Chair also indicated that the Popular Town Hall report should also be considered against the findings of this report.
Resolved
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VERBAL UPDATES FROM SCRUTINY LEADS To receive an oral update from each of the Scrutiny Lead Members.
Minutes: The Committee received and noted the following brief verbal updates from the Scrutiny Leads:
Cllr John Pierce (Scrutiny Lead for Communities Localities & Culture)
The Scrutiny Review on Family Homes would take place on 17th November, 2014 at St. Paul’s Church. It was noted that the invitation to this event included the Committee’s Co-opted Members
Cllr Abjol Miah (Scrutiny Lead for Resources)
The Review of Veolia Waste Management Contract would be taking place in January, 2015 and all Members of the Committee were encouraged to attend.
Cllr Dave Chesterton (Scrutiny Lead for Development and Renewal)
With regard to the Review of Section 106 potential witnesses had been identified and dates at the end of this month were currently under consideration.
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PRE-DECISION SCRUTINY OF UNRESTRICTED CABINET PAPERS To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.
Minutes: The following pre-decision questions submitted to the Mayor in Cabinet [05 November, 2014].
Agenda Item 6.1
Watts Grove – Selection of Preferred Bidder
Question: The Committee asked for a response on the implications of the Best Value Inspectionfor schemes such as Watts Grove.
Summary of response at Cabinet: The Best Value Inspection has no impact on the scheme as the Council is not disposing of the site.
Agenda Item 6.2
New Homes Development Schemes at 4 New Sites
Question: The Committee asked that with regard to these 4 New Developments that a proposal be brought forward whereby local residents are given priority for these new homes. Then the properties that they have vacated are brought up to an agreed standard so that other borough residents may also benefit from these developments.
Summary of response at Cabinet: The Council had examined options for a local lettings plan but that there were restrictions on what you could do. The Council allocation policy did seek to prioritise those with the highest need but that where funding was provided by the GLA there may also be additional restrictions in those cases. It was also confirmed that the Council’s policy was to bring vacated homes up to a Decent Homes Standard.
Agenda Item 8.1
Extension of Substance Misuse Strategy
Question: The Committee indicated that they wished to receive assurances that those providers involved in the programme meet the requirements of the contract.
Summary of response at Cabinet: Officers thought that this referred to the Recommissioning Drug Services report that was also in progress at this time and they confirmed that they would consider this as part of the work on that report.
Agenda Item 10.1
Tower Hamlets Fairness Commission: One year on
Question: As a result of discussions on the petition regarding the closure of Public Nursery’s (Item 4 refers) the Committee agreed that this issue should be referred to the Fairness Commission. Summary of Officer Response: Officers requested more detail on what aspects of the Borough’s nursery provision the Committee would like the report to cover.
Agenda Item 10.3
Establishment of a Joint Committee of the Six Growth Boroughs
Comment: In Section 10.1 on the Inter Authority Agreement it states that the Chief Executives of the Six Boroughs’ shall meet on a regular basis as the Chief Executives Board.
Question: The Committee indicated that it wanted to know if the Board accepts the Head of Paid Service in the absence of the Chief Executive.
Officer response: The Board terms of reference will accept the Head of Paid Service in the absence of a Chief Executive.
Comment In Section 5.6 of the covering report it states that the Joint Committee is subject to Overview & Scrutiny requirements under section 9(f) of the Local Government Act 20000 which provides that executive arrangements by a local authority must ensure their overview and scrutiny committee (or their overview and scrutiny committees between them) have power to scrutinise decisions made, or other actions taken, in connection with the discharge ... view the full minutes text for item 9. |
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ANY OTHER UNRESTRICTED BUSINESS WHICH THE CHAIR CONSIDERS TO BE URGENT To consider any other unrestricted business that the Chair considers to be urgent.
Minutes: Nil items
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EXCLUSION OF THE PRESS AND PUBLIC In view of the contents of the remaining items on the agenda the Committee is 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.”
EXEMPT/CONFIDENTIAL SECTION (Pink Papers)
The exempt committee papers in the agenda will contain information, which is commercially, legally or personally sensitive and should not be divulged to third parties. If you do not wish to retain these papers after the meeting, please hand them to the Committee Officer present. Minutes: Nil Items
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EXEMPT/ CONFIDENTIAL MINUTES To confirm as a correct record of the proceedings the exempt/ confidential minutes of the meeting of the Overview and Scrutiny Committee held on 22nd July 2014 (to follow).
Minutes: Nil items
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EXEMPT/ CONFIDENTIAL REPORTS 'CALLED IN' There were no decisions of the Mayor in Cabinet (01 October 2014) in respect of exempt/ confidential reports on the agenda, and therefore none eligible for ‘Call In’.
Whether any recent exempt/ confidentialdecisions of the Mayor outside Cabinet, taken under executive powers, were “Called In” will be notified at the meeting.
Minutes: Nil items
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PRE-DECISION SCRUTINY OF EXEMPT/ CONFIDENTIAL) CABINET PAPERS To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.
Minutes: Nil items |
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ANY OTHER EXEMPT/ CONFIDENTIAL BUSINESS THAT THE CHAIR CONSIDERS URGENT To consider any other exempt/ confidential business that the Chair considers to be urgent.
Minutes: Nil items
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