Agenda and minutes

The Deputy Leader welcomed Barbara Peacock, the new Director of Children and Adults Services to the meeting.  

Apologies were received from Councillors Rodney Chambers (Leader) and Wicks (Children’s Services).

The record of the meeting held on 7 August 2012 was agreed and signed by the Deputy Leader as correct.

The record of the urgent decision taken by the Deputy Leader on 23 August 2012 was agreed and signed by the Deputy Leader as correct.

Councillor Mason disclosed an interest in agenda item 10 (Medway NHS Foundation Trust – Blue Badge Holder Parking Charges) insofar as he was a blue badge holder, and having sought advice from the Monitoring Officer as to the nature of this interest, he retained his right to speak and vote on the item.

Background:

This report provided details of the outcome of consultation on a proposal to introduce a new policy on how Medway fulfilled its statutory duties in supporting the transport arrangements for children and young people with special educational needs (SEN). The main differences in the proposed new policy, which would take effect from 1 January 2013, for new entrants, were set out in paragraph 3.1 of the report.

The report stated that there were 136 responses to the consultation and an analysis of the responses was set out in Appendix B to the report. It was noted that some of the concerns raised demonstrated a misunderstanding of the wording and the legal framework outlined in the policy, therefore, this had been made more user friendly in the final draft of the Policy, which was attached at Appendix A to the report.  

The Children and Young People Overview and Scrutiny Committee had considered this report on 17 July 2012 and its comments were set out in paragraph 9 of the report.

A Diversity Impact Assessment screening had been carried out on the draft Policy which was set out in Appendix C to the report. It showed that Medway would continue to meet its statutory duties and the policy change did not discriminate unfairly on any particular group in Medway. Children and young people would continue to have their needs met albeit, for some, this would be discharged in a different way. An implementation plan would be drawn up in order to give parents and carers sufficient notice of specific changes to their child’s mode of transport/ transport arrangements.

Reasons:

The current policy was outdated and required revision to ensure compliance with legislation. The practice in Medway was also out of step with other local authorities. The changes within the proposed policy would enable better value for money as well as support independence.

Background:

This report provided details of the outcome of the Overview and Scrutiny Task Group in-depth review of fair access to credit, which had originated from a motion considered at Full Council on 12 January 2012 on the issue of affordable credit and the decision to refer this issue to a cross party Overview and Scrutiny Task Group.  

The Task Group met with representatives from a number of organisations. This included the Medway Citizens Advice Bureau, Credit Unions, trade associations, a loan provider, the Youth Parliament and officers from various sections of the Council. This was supported by additional written submissions from a number of organisations/individuals working within the remit of the review and further desktop research, which led to the Task Group developing 29 recommendations.

Following the conclusion of the review, the Task Group’s report was submitted to both the Business Support and Regeneration, Community and Culture Overview and Scrutiny Committees, details of which were set out in paragraphs 5 and 6 of the report.

It was noted that the main findings/recommendations of the review responded to the Task Group’s consideration of:

• The role of the Council in supporting Medway residents affected by unaffordable credit. This included work to enable credit unions, promote financial literacy and support the establishment of a Social Impact Board;

• Strengthening the rules governing the issue of lending licences and, recognising that an effective strategy in combating illegal lending was an alternative supply, addressing the lack of affordable credit. This included focus on giving local authorities greater control over the planning process and enabling affordable alternatives such as credit unions and;

• How the Council could promote financial literacy and affordable lending and debt counselling recommendations focused on promoting the integration of financial education into the curriculum, financial literacy for all and promoting the timely access to appropriate and quality advice.

A Diversity Impact Assessment (DIA) screening form had been completed and was attached at Appendix 1 to the review document. The assessment focused primarily on the recommendations for Council services, as the Government departments would have their own assessment frameworks for anything that they decided to action. The screening form showed that it was not necessary to undertake a full assessment on the review document.

Background:

This report provided details of the Government’s plans to localise support for council tax by 2013/2014 together with the intention to reduce expenditure by 10%. The report set out the current position in relation to council tax benefits and the new framework for a council tax support scheme, including requirements for any new local scheme, which would be subject to consultation with major precepting authorities including the Kent Police Authority and the Kent and Medway Fire and Rescue Authority, and the public.

The preferred draft scheme for consultation was set out in Appendix A to the report, together with other possible additional options set out in Appendix E to the report. The proposed timetable, including consultation, was set out in Appendix C to the report.

An initial Diversity Impact Assessment screening had been undertaken on the proposals to look at discounts and exemptions under the new arrangements and on the scheme itself, as set out in Appendix F to the report.

Reasons:

The Council will be obliged to make a council tax support scheme by 31 January 2013 or a default scheme will be imposed upon it. The council will be further obliged to consult with the public prior to adopting the new scheme.

The default scheme will be based upon the current council tax benefit (CTB) scheme and as such the Council would be obliged to find the predicted £4 million shortfall from either a cut in services and/or increase in council tax.

The preferred local scheme for consultation in conjunction with the recommended amendments to certain discounts and exemptions meets the projected shortfall in funding thus protecting existing services and council tax levels.

By basing the new local scheme on the current CTB scheme, the Council is ensuring that any special provisions made for specific groups (eg disabled, war widows, families with children) will continue. It will also retain extended payments which allow a run on of benefit for people entering work, thus meeting the need to incentivise work.

Background:

This report advised the Cabinet of the content of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 which were laid before Parliament on 15 August and would come into effect on 10 September 2012. These regulations clarified and extended the circumstances in which local authority executive decisions were to be open to the public.

These regulations affected and made changes to the following areas in connection with executive decision making: publicity in connection with key decisions (Forward Plan); procedures prior to Cabinet meetings where the public may be excluded; cases of special urgency; inspection of background papers; additional rights of access to documents for Members; additional rights of access to documents for Members of Overview and Scrutiny Committees and the reporting of Cabinet proceedings.

The report noted that the working arrangements would need to be changed with immediate effect and that the necessary changes to the Constitution would be reported to Full Council, for consideration and approval, on 18 October 2012.

Appendices A and B were circulated in Supplementary Agenda No.1 on 29 August 2012.

An addendum report was tabled at the meeting which provided additional information regarding the recording of executive decisions made by individuals.

Reasons:

The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 require a number of changes to arrangements for executive decision-making and access to information to be in place by 10 September 2012.

Background:

This report provided details of the statutory duty to establish a Police and Crime Panel for the local Police force, namely Kent and Medway, as required under the Police Reform and Social Responsibility Act 2011.

The role of the Police and Crime Panel would be, primarily, to scrutinise and maintain a check and balance on the new Police and Crime Commissioner, although the Panel would not have direct control over the Police and Crime Commissioner’s decisions. In addition, the Panel would be able to: review and veto the proposed precept; review and veto the decision to appoint a Chief Constable and; review but not veto the appointment of various other senior staff.

There had been two meetings of the Shadow Police and Crime Panel earlier in 2012, which had discussed and agreed to recommend terms of reference, panel arrangements and procedure rules to all of the local authorities in Kent and Medway, as set out in Appendices 1-3 of the report.  

Reasons:

To enable the establishment of the Police and Crime Panel by November 2012.

Background:

This report provided details of the provisions of the Education Act 2011 which gave parents of disadvantaged two-year-old children a new right to free early years education and care. This duty on local authorities would be introduced in two stages – the first stage in 2013 involved all of the least advantaged children followed by the entitlement extended to 40% of the population in September 2014 which would be equivalent to 1,400 to 1,600 children in Medway.

The report set out the details as to how this provision would be provided together with the funding which would be provided through the Dedicated Schools Grant (DSG).

A Diversity Impact Assessment initial screening had identified that the differential impact of this programme, which explicitly focused on lower income households and vulnerable children, could be justified on the grounds of promoting equality of opportunity for these children and families who currently had poorer outcomes and life chances. The screening form was attached at Appendix A to the report.

Reasons:

The local authority is obliged to meet the new duty within the Education Act 2011 to secure places for children aged two years from eligible families.

The development of a robust project plan, and a programme of working with existing good quality providers in the private, voluntary, independent and maintained sectors, across the next 12 to 24 months will provide a secure basis for expansion of places whilst maintaining a focus on high quality provision for both the child and the family as  ...  view the full minutes text for item 10.

Background:

This report set out a reference from the Health and Adult Social Care Overview and Scrutiny Committee held on 21 August 2012 in relation to the introduction of blue badge parking charges at Medway Maritime Hospital.

The report provided details of the motion considered at Full Council on 26 July 2012, together with a response from the Director of Operations at Medway Maritime Hospital, as well as details of the discussion held at the Overview and Scrutiny Committee, at which the Chief Executive of the Medway NHS Foundation Trust attended to discuss and answer questions on the issue.

Reasons:

The Cabinet stated that it was regrettable that Medway Maritime Hospital had taken the stance of charging Blue Badge Holders to park whilst visiting and using hospital facilities.

Medway Council had led the way together with its partners in business, commerce and retail whereby blue badge holders were allowed free parking.

The Cabinet was disappointed that Medway Maritime Hospital Management as a key partner had not followed this lead and chosen, without consultation, to introduce a charge.

Background:

This report provided details of a proposal from NHS Kent and Medway to purchase the freehold interest of part of the Temple School Block 3 and ancillary buildings, following Cabinet’s previous decision on 9 November 2010 to grant a lease to NHS Kent and Medway for this site, for conversion to a Child Development Centre.

The report noted that consultation had taken place with the service directorates and there were no objections to this new proposal.

Reasons:

In order to reduce revenue costs, realise capital receipts and gain investment and improved services in the Medway area.

Background:

This report presented information on vacancies that officers had requested approval to commence recruitment for, following the process agreed by Cabinet on 7 January 2003 (decision number 9/2003).

Appendix 1 to the report provided details of the posts.

Reasons:

The posts presented to Cabinet will support the efficient running of the Council.