Agenda and minutes

To approve the record of the meeting held on 7 February 2013.

The record of the meeting held on 7 February was agreed and signed as correct by the Chairman. 

Apologies for absence were received from Councillors Irvine, Tolhurst and Watson. 

The Chairman will announce any late items which do not appear on the main agenda but which he has agreed should be considered by reason of special circumstances to be specified in the report.

There were none. 

The Chairman revised the order of business of the agenda to enable Item 12 (Six month review of Corporate Risk Register) to be considered immediately after Item 8 (Members Item – Medway Community Learning OFSTED Report)

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons.

There were none.

Councillor Maple advised that although not a disclosable pecuniary interest, he wished it to be recorded that he is a member of both the Kent Savers and Medway Credit Union. 

This report advises the Committee of a notice of call-in received from the Labour Group of a Cabinet decision (61/2013) not to create a local discretionary rate relief system at this time.

Discussion:

The Chairman welcomed David Frais, Linda Hutcheon and Pauline Bingo to the meeting to speak on behalf of Chatham High Street Traders on the call in item.

The Chief Finance Officer outlined the background to the report considered by Cabinet on 12 March 2013 and explained that Clause 69 of the Localism Act 2011 had introduced a new power for local authorities to award local discretionary relief where it was in the Council Tax payers interests to do so.

He confirmed that the Cabinet at decision 61/2013 had agreed not to create a local discretionary rate relief system at this time.

The Chairman then invited the three Chatham High Street Traders to address the Committee.

David Frais, Linda Hutcheon and Pauline Bingo on behalf of the Chatham High Street Traders requested that the Committee refer the decision back to Cabinet for reconsideration based on the following factors:

·        Many Chatham High Street Traders have been trading in the High Street up to 30 years and wished to remain trading in Chatham.

·        In the past few years there have been many changes in the Chatham area that have had the affect of reducing the footfall of visitors to the Town Centre including roadworks, changes to the one way system and the development of the new bus depot.

·        The national average of vacant premises within High Streets currently stands at 14.6%, however in Chatham High Street the level of vacant premises is currently 16% which exceeds the national average.

·        Chatham High Street can be considered as a special case in isolation to other Medway High Streets as their vacancy rates are much lower at 4% in Rainham, 6.5% in Gillingham, 7% in Rochester and 8.8% in Strood.

·        The level of vacant shops and Charity shops in Chatham High Street is off putting to customers.

·        The current one way system in Chatham has had a detrimental affect on incoming traffic from Brompton and Gillingham resulting in reduced visitors.

·        A number of traders are coming to the end of their leases and are considering whether to continue running their businesses in Chatham.

·        Traders are already affected by the recession and can only reduce expenditure so far, therefore a discretionary rate relief for a temporary period of two years would go some way towards helping small businesses and independent retailers.

·        Medway Council has identified that it wishes Chatham to be a City Centre and yet the town is dying as more and more traders are leaving.

·        Current rates and rate reviews are not in line with landlords rents.

·        There is a need to make Chatham Town Centre more attractive to visitors.

·        The support requested is for small and medium businesses and would therefore not apply to the larger corporate companies and banks.

The High Street Traders then answered questions put to them by the Committee.

The Committee then discussed the issues raised and Members made the following points:

·        The Government is encouraging local authorities to help small businesses and therefore this was recognised as a  ...  view the full minutes text for item 971.

The Portfolio Holder for Finance will attend the meeting in order to be held to account for matters within the remit of this committee. 

Discussion:

The Portfolio Holder for Finance, Councillor Jarrett attended the meeting to be held to account for the area of his portfolio that fell within the remit of this committee.  A number of Members asked questions and commented and Councillor Jarrett responded as follows: -

• The all encompassing hotline for reporting all potential fraud building on the existing benefit fraud hotline – It was noted that the introduction of this helpline was a welcome development.

• Localisation of Council Tax Support – This was an issue that affected a large number of people in Medway and imposed on the Council as part of the deficit recovery agenda for the Government. The supposed 10% reduction in funding was actually nearer 19% for the Council. The Government had offered an interim relief scheme that the Council had not been able to take up because it would have left a balance of £1.6 million to find. However, other local authorities that had introduced schemes with lower reduction in benefit, using the non-recurring interim relief would have to return to their taxpayers with revised positions at some point in the future and therefore it was considered that the way in which Medway had set its budget was considered to be more sustainable.

Whilst it was not possible to provide an estimate of the number of persons who may default on their Council Tax bills at this early stage an assurance was given that the Council would do all it could to help those in genuine hardship.

·        Contracts and tendering procedures, in particular the lateness of recent Social Fund and Health Watch contracts and the way in which these contracts had been let – The new Category Management regime was now in place and this would enable the Council to employ relevant experts and specialists to ensure that contracts and the tendering processes were carried out in a timely manner.

·        The possibility of helping traders across Medway through the Business rates in 2014/15 – In response to the debate on Item 5 on the agenda (minute 971 refers), the Portfolio Holder stated that to single out Chatham High Street for possible business rate relief would not be appropriate when the Pentagon Centre had an impact on the level of vacant premises. In addition, a blanket approach of say 10% discount for all traders may not be right for every business as some might need help whilst others may not. Individual businesses could apply for rate relief in their own right and this was the method to be encouraged should any individual trader consider that they were experiencing difficulties. On this basis, had decision 61/2013 been referred back to Cabinet for consideration, it was most likely that Cabinet would have adopted its previous position.

The Portfolio Holder undertook to give further thought to a number of points raised during the debate, namely that the area of Chatham City Centre could benefit from being defined and opportunities taken to energise Chatham High Street. It was recognised that the  ...  view the full minutes text for item 972.

This report provides Members with an update on progress made with the Committee’s recommendations from the Fair Access to Credit in-depth review, which were agreed by the Cabinet on 4 September 2013. 

Discussion:

The Chairman of the Fair Access to Credit Task Group introduced a report setting out an update on progress on the Committee’s recommendations from the Fair Access to Credit in-depth review agreed by Cabinet on 4 September 2012

He drew attention to the letters appended to the report from the Department for Business Innovation and Skills, The Office of Fair Trading and the Department for Education.

Attention was drawn to paragraph 4.1 of the report setting out the outcome of a compliance review of the pay day lending sector undertaken by the Office of Fair Trading published on 6 March 2013.

Members expressed their appreciation to those officers that had supported the Task Group in undertaking the review.

Referring to Appendix 1, Members sought clarification on  a number of points.

In response, the Assistant Director – Front Line Services provided the following information:

·        The establishment of a multi-agency Social Impact Board was being led by the Medway Citizens Advice Bureau (CAB) and information was awaited as to progress. He undertook to contact CAB to establish the current position and provide a briefing note to members.

·        He would also chase responses to the letters referred to at Decisions 8 and 11 and provide an update to Members

·        It was hoped that an announcement could soon be made on progress in identifying a suitable High Street location for the Medway Credit Union.

·        He would share with colleagues in Children and Adults Directorate the information as to the UK Youth Parliament’s current campaign on curriculum for life which included financial skills so that this could be referred to the Medway Youth Parliament

·        He would also circulate information on financial literacy support across all Medway Wards in a briefing note to members.

Members requested that a further update report be submitted to both the Business Support and Regeneration, Community and Culture Overview and Scrutiny Committees in 12 months time and therefore this item remain on the Committees work programme.

Decision: 

a)    that the Assistant Director – Front Line Services provide an update via a briefing note on the following:

·        The establishment of a multi-agency Social Impact Board by the Medway Citizens Advice Bureau.

·        An update on responses to letters referred to at Decisions 8 and 11 set out on Appendix 1 of the report

·        An update on progress in identifying a suitable High Street location for the Medway Credit Union.

·        Information on financial literacy support across all Medway Wards.

b)    that the Assistant Director – Front Line Services share with colleagues in Children and Adults the information as to the UK Youth Parliament’s current campaign on curriculum for life which included financial skills so that this could be referred to the Medway Youth Parliament

c)    that a further update report be submitted to both the Business Support and Regeneration, Community and Culture Overview and Scrutiny Committees in 12 months time and therefore this item remain on the Committees work programme.

This report sets out a response to a matter raised by Councillor Maple on the recent OFSTED report on Medway Community Learning.

Discussion:

Councillor Maple thanked Officers for producing at short notice, a report on the outcome of the recent OFSTED inspection of the Medway Adult Learning. He explained the importance of this issue and his reasons for asking for this Member’s item.

The Assistant Director – Organisational Services undertook a brief presentation and explained that the Medway Adult Learning Service had been inspected by OFSTED during the week commencing 4 March 2013 and a report published on 15 March 2013 had identified Level 4 (inadequate).

She drew attention to the positive comments on various elements of the service and the outcomes for learners and the quality of teaching and learning which remained at level 3 but drew attention to the fact that the service was rated at level 4 due to a lack of progress in improving the service overall.

The level 4 score related to concerns around management of the service and, in particular, the level and breadth of information provided to senior leaders to enable them to challenge and scrutinise performance.

It was also pointed out that the inspection was carried out under a new OFSTED regime which placed greater emphasis on leadership and management and that regardless of scores received in other elements of the inspection, a level 4 in the leadership and management section could only lead to an inadequate outcome.

The service was now required to provide a clear improvement plan to the Skills Funding Agency within 6 weeks of the inspection and a number of actions were outlined as follows:

·        Following the departure of the Service Manager, a very experienced Interim Manager has been appointed to move the service forward and manage the improvement plan;

·        An Improvement Board had been established, chaired by the Portfolio Holder and attended by the AD, Organisational services and MALS Senior Management Team to monitor progress on the improvement plan and review statistical data to ensure that retention and performance on outcomes improves and is bench-marked against national and local trends

·        An improvement plan had been drafted and would be reviewed by an external professional to ensure that it is robust

·        Additional resources would be transferred from the Council’s learning and development team to support the improvement plan

·        External support will be provided from the Learning and Skills Improvement Services

·        Self-assessment panels have been reinstated with the curriculum managers and will be collated into an overall self assessment for the service. This in turn will feed into a cohesive approach to improvement planning

·        Regular monitoring meetings have been agreed with the Skills Funding Agency to update on progress

·        Curriculum Managers would receive immediate training to ensure that they are aware of the need for a robust approach to lesson observation, use of technology and individual learner plans

·        The senior management structure would be reviewed to ensure that there is sufficient capacity to meet the improvement agenda with a view to adding resource (from within the current budget) to quality improvement support

Decision: 

a)                 That the report be noted and the  ...  view the full minutes text for item 974.

This report sets performance against the Council’s Key Measures of Success for the third quarter of 2012/13. 

Discussion:

The Assistant Director Communications, Performance and Partnerships reported upon performance against the Council’s Key Measures of Success for the third quarter of 2012/13 drawing attention to the following areas:

·        Citizens Panel 2012 results

·        Adults maintain their independence and live healthy lives

·        Children and young people having the best start in life

·        Everybody travelling easily around Medway.

·        Everyone benefiting from the areas regeneration

·        Safe, Clean and Green Medway

·        Better for Less

The Committee discussed the report and the Assistant Director responded to the various points raised.

Decision: 

The third quarter performance against the Key Measures of Success used to monitor progress against the Council Plan 2012/13 be noted along with the actions to be undertaken as follows:

a)     The Assistant Director Communications, Performance and Partnerships make the necessary changes to those sections of the report at pages 110 and 111 to clarify terminology ‘Schools in Medway’ and ‘Medway Schools’

b)     The Assistant Director Communications, Performance and Partnerships refer the information on page 111 to the relevant officer pointing out that the information supplied does not indicate how the local authority’s support is making a difference.

c)      It be noted that the Assistant Director Communications, Performance and Partnerships will provide a briefing note on the following;

1)           The suggestion that the Council should ensure that care leavers have opportunities to take up apprenticeships with the Council.

2)           Information as to the content of the Citizen’s Panel Survey and the reasons why only 50% of surveys had been returned.

d)     That stat F4 will be expanded to provide details of the wider impact of events e.g. economic impact.

e)     That it be noted that a team of Officers were are currently investigating the feasibility of increasing use of electronic technology and that a pilot scheme may be introduce in the near future.

This report details the revenue budget forecasts as at the end of Quarter 3 (April to December 2012) and highlights the major financial risks remaining in respect of the 2012/2013 General Fund revenue budget. 

Discussion;

The Chief Finance Officer introduced a report detailing the revenue budget forecasts as at the end of Quarter 3 (April – December 2012) and highlighting the major financial risks remaining in respect of the 2012/13 General Fund revenue budget.

He drew attention to the continuing inclement weather and stressed that this would likely create further pressures on the winter maintenance budget.

A member requested information as to the actual cost to the Council of one day’s inclement weather.

Attention was also drawn to a correction in paragraph 61 of the report in that the figure of £385,000 required correction to £365,000 to accord with the figures detailed in Table 1.

Decision: 

a)     That the report on the forecast outturn position for the revenue budget 2012/13 and any proposed management action to reduce the potential deficit be noted; and

b)     The Assistant Director – Front Line Services be requested to provide a  briefing note on the actual cost to the Council of one day’s inclement weather.

This report presents the capital monitoring for the period to December 2012, with an outturn forecast for 2012/13. 

Discussion:

The Chief Finance Officer introduced a report setting out capital budget monitoring for the period ending December 2012 with an outturn forecast for 2012/13.

A member, referring to Appendix 5 (Members Priorities) requested that future reports include a brief summary of those schemes where expenditure is over £50,000. 

Decision:

a)     The spending forecasts summarised at Table 1 be noted;

b)     The budget virements and additions to the capital programme as detailed in paragraphs 4.2.2, 4.2.3 and 4.3.1 be noted; and

c)      Future reports include a brief commentary on Member Priority Schemes where expenditure is over £50,000. 

This report sets out the 6 monthly review of the Council’s Corporate Business Risk Register.

Discussion

The Quality Assurance and Client Manager reported upon the 6 monthly review of the Council’s Corporate Risk Register and drew attention to a number of proposed amendments proposed by risk owners as set out at paragraph 3 of the report.

The Committee discussed the report and suggested a number of additional changes.

Decision:

The Management Team’s recommendations on amendments to the Council’s Risk Register as detailed in Section 3 of the report be supported along with the following additional suggested changes:

• Officers investigate the addition of a risk section relating to welfare reform either as a separate risk or by being more explicit in current risks.
• SR21 Procurement be changed to ‘Procurement and Tendering’.
• SR17 Delivering Regeneration be amended or a new risk be created to reflect the impact on the Council’s regeneration programme should development not proceed.
• Officers consider a change to Risk 32 (Outsourcing) from C2 to B2.

This report invites the Committee to discuss and agree a programme of in- depth scrutiny reviews for 2013/14 with indicative timescales. 

Discussion:

The Head of Democratic Services introduced a report setting out a programme of in-depth scrutiny reviews for 2013/14 with indicative timescales.

Decision: 

a)                 The following reviews be included in the scrutiny in-depth review work programme as follows:

• Health Inequalities across Medway wards and how to direct investment where it is most needed
• Impact of Welfare Reforms
• Preventing Looked After Children from becoming criminalised
• Housing in Medway – demand, supply and affordability

b)                 The additional items to be added to the Overview and Scrutiny work programme arising from discussion about potential in-depth review topics as set out in paragraph 4.3 of the report be approved

This item advises Members of the current work programme and allows them to adjust it in the light of latest priorities, issues and circumstances. It gives Members the opportunity to shape and direct the Committee’s activities over the year. 

Discussion:

The Democratic Services Officer introduced the report and drew attention to the publication of the latest Forward Plan on 18 March which included three new items in the remit of this committee set out at paragraph 4.2 of the report.

In addition, referring to paragraph 4.3 of the report she requested that the Committee consider the request of the Rural Liaison Committee on 19 March for a report to be submitted to this committee on the implementation of charges for the production of paper copies of planning applications to Parish Councils. The Chairman of the Rural Liaison Committee was in attendance at the meeting and suggested that ideally this report should be submitted for consideration before September 2013. 

Attention was also drawn to paragraph 7 of the report setting out a number of actions aimed at improving and developing overview and scrutiny arrangements in Medway.

A member suggested that the following items also be included on this Committee’s work programme:

·        IT in Medway

·        Participatory Budgeting

In addition, the Committee was reminded that in accordance with the decision of the committee at 973 above, a report on Fair Access to Credit was required to be added to the Work Programme.

Decision: 

a)                 The committee note its work programme as attached at Appendix 1.

b)                 The Committee agree that the new items referred to at paragraph 4.2 of the report be added to its work programme

c)                  In line with the request of the Rural Liaison Committee, referred to at paragraph 4.3 of the report, a report be added to the committee’s work programme to be submitted by September 2013 at the latest

d)                 The following items also be added to the committee’s work programme:

·        IT in Medway

·        Participatory Budgeting

e)                 A further 12 month review report on the Fair Access to Credit be included on both this committees work programme and that of the Regeneration, Community and Culture Overview and Scrutiny Committee

f)                    The work programmes of all other overview and scrutiny committee’s be updated as set out in appendicies 2 and 3 of the report be noted.