Agenda and minutes

In accordance with the Council’s Constitution, Members are asked to declare any personal or prejudicial interest they may have in any matter which is to be considered at this meeting. Members are reminded that the provisions of paragraph 12.3 of Article 1, Part B in relation to Council Tax arrears apply to the “Calculation and Setting of the Council Tax Base 2010/11” report (item 8)

There were no declarations of interest.

Agreed.

Further to Minute 142 (20 February 2007), received a report from the Chief Executive on the proposals for the structure and draft Business Plan for the Barking Riverside Community Development Trust (BRCDT) will take over the role of the long-term caretaker of the Barking Riverside area of the Borough.  The BRCDT will be responsible for providing and maintaining community and recreational facilities, funding towards sustainable transport, participating in the multi-utility service company (and taking an active role in promoting sustainability and CO2 reduction) and providing community support, educational involvement and employment opportunities to local residents.

Noted in particular some of the key benefits of the proposals and also discussed issues regarding the adoption of roads and public areas within the area, which the Council would retain the option on within the proposed terms of the agreement.

Agreed, in order to assist the Council in achieving all of its Community Priorities, to:

  (i)  The proposed structure and draft Business Plan of the BRCDT as detailed in Appendix 1 to the report;

  (ii)  Authorise the Chief Executive to agree on the final Business Plan for the BRCDT;

  (iii)  Recommend the Assembly that the Cabinet Member for Regeneration (presently Councillor M McCarthy) and a Thames Ward Member (Councillor W Barns) be appointed as the Council’s representatives on the BRCDT; and

  (iv)  A further report being presented to Executive Members on the detailed proposals in respect of the adoption of roads and public areas within the area.

Received a report from the Corporate Director of Children’s Services on proposals to tender a contract to provide an alternative education service for Year 11 children with effect from September 2010.  The service would cater for those children moving into the Borough and who do not have an allocated school place and those who would benefit from alternative provision. 

Agreed, in order for the Council to continue to meet its statutory duties, improve the service received, ensure value for money and to assist in achieving the Community Priority of ‘’Inspired and Successful”, to the procurement of a three-year contract for an Alternative Education Provision for Year 11 Children with an option to extend for a further two years, as detailed in the report.

Received a report from the Corporate Director of Finance and Commercial Services providing an update on the Council’s revenue and capital position for the 2009/10 financial year as projected at 31 October 2009.

The current forecast for revenue expenditure across the Council shows in-year pressures amounting to £4.9m, for which current recovery plans requested by the Chief Executive have identified expected savings of £2.9m.  In addition to this potential shortfall, there are net potential corporate risks of a further £1.6m. 

Discussed a number of the overspends / pressures and noted the additional steps being taken by the Corporate Director of Finance and Commercial Services to improve the Council’s financial position.  Also noted the legal implications associated with the setting of a balanced budget, adequate levels of reserves and the responsibilities of the Corporate Director of Finance and Commercial Services as Chief Financial Officer.

Agreed, as a matter of good financial practice, to note:

  (i)  The current projected position for 31 March 2010 of the Council’s revenue and capital budget as detailed in sections 3 and 5 and Appendices A and C to the report;

  (ii)  The position for the Housing Revenue Account (HRA) as detailed in section 4 and Appendix B to the report;

  (iii)  That in light of the current potential overspend, departments are continuing work to identify recovery plans to eliminate overspends;

  (iv)  That the Corporate Director of Finance and Commercial Services has imposed mechanisms to reduce in-year expenditure; and

  (v)  That potential additional actions may be required which will be the subject of further reports as appropriate.

Deferred.

Received a report from the Corporate Directors of Finance and Commercial Services and Customer Services on the calculation of the Council Tax Base for 2010/11 and information on powers available to the Council in respect of awarding discounts.

Agreed, in order to comply with the Council’s statutory responsibilities, that:

  (i)  In accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the amount calculated by the London Borough of Barking and Dagenham as its Tax Base for the year 2010/11 shall be 53,227.4 Band ‘D’ properties; (Note: This figure was subsequently revised to 51,630.5 and reported to the Executive on 16 February 2010).

  (ii)  The discount for long-term empty properties and second homes continue to be set at 10%;

  (iii)  There be no locally determined discounts based on categories of property or occupier for 2010/11 but reconsidered for possible implementation in 2011/12; and

  (iv)  There be no award of reductions for prompt payment during 2010/11 but reconsidered for possible implementation from 2011/12 onwards.

Appendix A – the Council officers’ report provided for the Annual Review Meeting with the Care Quality Commission – is published under separate cover as Supplementary 1.

The Corporate Director of Adult and Community Services presented a report on the Care Quality Commission’s (CQC) annual performance assessment of the Council’s adult social care services for 2008/9, which received an overall rating of “excellent” across the seven outcome areas.  Together with the report was the Council’s Annual Review Meeting submission which formed part of the assessment along with the CQC’s Annual Performance Assessment Report and Letter for 2008/9.

The Corporate Director advised that the Council has now received the CQC’s highest possible rating for the past three years and is recognised in the report published on 3 December 2009 as one of only six Councils London-wide and only 11 from across the country to be demonstrating overall improvements.

Agreed, in line with reporting and publishing requirements, to:

  (i)  Note the CQC’s Annual Performance Assessment Report 2008/9 in respect of the Council’s adult social care services; and

  (ii)  Place on record our congratulations to all staff within the service.

Received a report from the Corporate Director of Adult and Community Services on the proposal to introduce a Borough-wide Designated Public Place Order (DPPO) in response to the local community’s concerns regarding alcohol-related problems across the Borough.

Under Section 13(2) of the Criminal Justice and Police Act 2001, local authorities have powers to make areas where alcohol use is a problem a ‘Designated Public Place’ (sometimes referred to as an ‘alcohol control zone’) through the introduction of a DPPO.  At present, the Borough has three DPPO’s in place, in Barking Town Centre and around Rainham Road South and Martins Corner in Dagenham.  Public concerns have led to a further five areas being identified where this power could be used to tackle street drinking and consultation with partner agencies on the practicalities has led to the proposal for a Borough-wide DPPO.  The key reasons are to avoid confusion and aid enforcement by the Police and address Borough-wide concerns which are borne out by the available data on alcohol-related incidents, while also proving to be the most cost-effective option. 

The Divisional Director of Community Safety and Neighbourhood Services explained that DPPOs are not a ban on public drinking but are intended to be used to address alcohol-related disorder, whether on the street or in parks, alongside a range of other initiatives.  In this latter respect, the Divisional Director confirmed that the Council’s licensing policies are being reviewed to ensure that they are in line with overall objectives. 

It was suggested by Members that in order to tackle the nationwide problems associated with alcohol but particularly the issues affecting Barking and Dagenham, the Government should be lobbied to introduce powers for local authorities to ban drinking in public places, which would also go some way to encouraging individuals to use the pubs, clubs and other venues in the Borough which are well managed and intended for such purposes.

Agreed, in order to assist in dealing with alcohol-related disorder and public perception around this issue as well as helping to achieve the Community Priority of a “Safe” borough, to:

  (i)  Support the proposal for a Borough-wide Designated Public Place Order as detailed in the report;

  (ii)  Authorise the Corporate Director of Adult and Community Services to undertake the necessary steps in preparation for the making of the Order by the Assembly at its meeting on 24 March 2010;

  (iii)  Recommend the Assembly that it use its powers under Section 13(2) of the Criminal Justice and Police Act 2001 to make the London Borough of Barking and Dagenham a Designated Public Place; and

  (iv)  Ask officers to consider how the Council could lobby for new powers which would allow local authorities to ban the drinking of alcohol in public places.

Received a report from the Corporate Director of Children’s Services on the proposed formal expansion of Thames View Infant School from a three form to a four form entry from 1 September 2010, thereby increasing the standard admission number to 120 pupils in each of the three year groups (Reception, Year 1 and Year 2) to meet the increasing demand for school places.

Noted that interim arrangements were made with effect from September 2008 to increase the intake for Reception and Year 1 to four forms of entry and this proposal would, in effect, formalise that arrangement as well as introducing an additional form for Year 2 pupils.  Also noted that discussions are underway with the Governing Body of Thames View Junior School to increase its admission number to accommodate the pupils that will move up from the Infant school in the years to come. 

Agreed, in order to assist the Council to achieve its Community Priority “Inspired and Successful” and fulfil its duty to provide every child in the borough with a school place, to the formal expansion of Thames View Infant School from a three form to a four form entry with effect from the start of the Autumn Term 2010, as detailed in the report.

Received a report from the Corporate Director of Children’s Services on ‘Project SAFE’ which has been implemented in response to the key findings of Ofsted’s inspection of children’s contact, referral and assessment services, which took place on 18 and 19 November 2009. 

The inspection highlighted a number of strengths, some areas for development and one area of priority action which related to the management procedures and decision making in relation to the child protection practice.  For example, decisions about contacts and referrals were not always made within prescribed timescales, the recording of decisions was sometimes unclear and risks to children in need of protection were not always being carried out and written up in line with procedures.

Project SAFE incorporates four main work strands, namely:

·  Systems – Accurate factual approach follows procedures, checked by Managers

·  Accountability – Robust recording, timeliness and evidence for decisions

·  Family Focus (child and parent views recorded)

·  Effective actions, intervention rather than repeat assessment

Under each work strand are a number of priority actions that are being addressed by the Local Safeguarding Children’s Board (LSCB) Partnership and that discussions are to take place with Headteachers and Governing Bodies. 

Agreed, in order to ensure that the Council is able to meet its statutory requirements to provide a safe and robust service to the most vulnerable children living in Barking and Dagenham, to:

  (i)  Approve the implementation of Project SAFE as detailed in the report; and

  (ii)  The Corporate Director giving a further presentation to Executive Members on the details of Project SAFE to enable more consideration to be given to the issues.

Agreed to exclude the public and press for the remainder of the meeting by reason of the nature of the business to be discussed which included information exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended).

Concerns the financial and business affairs of third parties (paragraph 3)

Received a report from the Corporate Director of Adult and Community Services on the outcome of a comprehensive review of a range of externally provided adult social care contracts, the majority of which are due to expire on 31 March 2010.

The review has been influenced by a number of new national initiatives and strategies as well as individual assessments of the contracts across a number of value-for-money criteria, including service user satisfaction.  Other factors taken into account have been the need to create a breathing space in which to develop new services and align health and social care priorities, which will be based on the latest Joint Strategic Needs Assessment undertaken by the Council and NHS Barking and Dagenham.  As a result, the proposals include a combination of contract termination, extensions with reduced volume pending re-commissioning, extensions under current arrangements pending re-commissioning and re-tendering. 

Discussed a number of aspects relating to the contracts, the composition of management boards of external organisations and the Council’s exposure to various risks.

Agreed, in order to assist the Council to achieve all of its Community Priorities and a balanced budget within Adult and Community Services for the financial year 2010/11, to:

  (i)  The proposals in respect of the individual contracts for each contractor as detailed in the private and confidential document Appendix A, subject to the variation of the contract listed at no. 21 having an indicative extension period up to 30 September 2010;

  (ii)  Delegate authority to the Corporate Director of Adult and Community Services, in consultation with the Legal Partner (Procurement, Property and Planning), to progress all aspects of the proposals contained within the report, including the discussions and negotiations with current providers, the extension of current contracts and the procurement and award of new contracts as appropriate;

Further agreed that:

  (iii)  All future Council contracts with external parties should include an appropriate clause, to be determined by the Legal Partner (Procurement, Property and Planning), aimed at protecting the Council’s image and reputation in the event of inappropriate action by the external party (including its employees, agents, sub-contractors etc.); and

  (iv)  The Divisional Director of Legal and Democratic Services carry out a review of representation on external organisations, to:

a.  Ensure that appointed Member representatives are receiving appropriate advice and support from officers, and

b.  Ascertain the number of Members that are appointed to external organisations’ Management Boards in an independent capacity and not as a representative of the Council.

(* The Chair agreed that these items could be considered at the meeting as a matter of urgency under the provisions of Section 100B (4) (b) of the Local Government Act 1972.)