Agenda and minutes

To receive any apologies for absence from Members.

Apologies for absence were received from Councillors Jane Newell, Ron Parker and Michael Weinhonig.

To receive information on any changes in the membership of the Committee.

Note – where members of the Committee are unable to attend they may nominate a substitute member from the same Shadow Authority group to attend in their absence by contacting the proper officer in writing, prior to the meeting, using the contact details on this agenda.

Councillors Ann Stribley and Beverley Dunlop were substitute members for Councillors Jane Newell and Michael Weinhonig for this meeting of the Committee.

DECISION MADE: That Councillor Chris Wakefield be elected as acting Vice Chair for this meeting of the Committee.

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests. Declarations received will be reported at the meeting.

There were no declarations of pecuniary interests or other interests.

a.       To confirm the record of decisions from the meeting held on 9 January 2019, circulated at 4a.

b.       To consider the Committee’s action sheet, circulated at 4b.

a.       The record of decisions of the meeting held on 9 January 2019 was confirmed as an accurate record.

b.       The Committee’s action sheet was noted.

To receive any public questions or statements submitted in accordance with the Constitution.  Further information on the requirements for submitting questions and statements is available to view at the following link:-

https://bcpshadowauthority.files.wordpress.com/2018/07/public-participation-e28093-extract-from-the-constitution.pdf

The deadline for the submission of public questions is 10.00 am on Friday 1 February 2019.

The deadline for the submission of a statement is 12.00 noon on Wednesday 6 February 2019. 

There were no public questions or statements received for this meeting.

To consider an update from officers on the progress of the LGR Programme.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address: https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The LGR Programme Director presented a report which provided the Committee with an update on activity within the programme since last reported in January.

He confirmed that the programme remained consistent with the plan agreed by the BCP Joint Committee. Phase 2 of the programme was now moving towards the final stages of implementation, with significant financial and constitutional milestones being reached. The programme remained within budget, and there were no risks or issues to be escalated at this stage.

DECISION MADE:

That the update provided on the BCP LGR Programme be noted.

To consider a report from officers on the proposed HRA Budget for the new BCP Council.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address: https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The Committee considered a report on the proposed HRA budget for the new BCP Council, jointly presented by the Deputy Director of Housing and Head of Customer, BBC, and the Strategic Director - Corporate for Poole Housing Partnership (PHP).

The Deputy Director of Housing explained that from 1 April 2019 there would be one single HRA for BCP Council. Within the HRA there would be two separate neighbourhood accounts for Bournemouth and Poole. This reflected the different delivery models for each area which would continue into BCP. She explained that Christchurch had previously transferred its own housing to a Housing Association. The importance of the housing stock as a valuable asset in delivering the Council’s duties and priorities was noted. The Strategic Director outlined the key issues in the report, which included setting the financial strategy, recommending rent levels and other charges for tenants and leaseholders, recommending the capital programme and focus on delivery of new affordable homes, recommending the management fee for PHP and setting out the PHP delivery plan.

Officers in attendance responded to questions and comments from Members on the report, including the following main points:

• It was explained that utility costs within the service charges for Bournemouth and Poole differed because they were based on actuals. For example the 10% decrease for utility costs listed in the Poole Neighbourhood leaseholder services charges reflected the fall in usage within the leaseholder blocks in Poole. Service charges were based purely on the cost to the Council and there was no profit made. Adjustments were made at the end of the financial year. It was explained that LGR was not a contributory factor in calculating costs.
• Bournemouth Borough Council’s homelessness housing acquisition programme came under the General Fund and did not form part of the HRA. The programme was progressing well. There were no plans at the moment to extend the scheme beyond its current geographical remit of Bournemouth.
• Members were assured that the partnership approach between Christchurch Borough Council and Sovereign Housing Association and other housing associations in Christchurch would continue into the new BCP Council.
• There may be scope to rationalise the different IT systems going forward.
• A Member was concerned about how the redesignation of sheltered housing stock may affect older tenants. It was explained that the redesignation of some units from Sheltered to General Needs (younger tenants) was due to changing demands.

To consider a report from officers on the proposed mainstream funding formula for 2019/2020.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address: https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The Committee considered a report on the proposed funding formulae for early years and mainstream schools for 2019/20, presented by the Assistant Chief Financial Officer (CFO), B&P.

The Assistant CFO explained that the DSG was a ring-fenced grant, which was highly regulated by the Department for Education (DfE). The two recommendations for setting the formulae, shown at a) and b) in the report, were supported by the Shadow Schools Forum, following consultation with all schools and providers. It was noted that the recommendations at c) and d) related to DfE decisions, the timing of which was outside of the Council’s control.  The Assistant CFO advised that the new BCP Council was required to have one early years single funding formula (EYSFF). The process for bringing together the three current formulae into one single formula was explained in Section 5 of the report. Table 4 set out the final proposal. The development of the mainstream schools formula was explained in Section 6 of the report. Paragraphs 39 – 46 made particular reference to the work of the Shadow Schools Forum in adopting a sensible and equitable approach to a particularly challenging issue. Table 8 set out the final proposal which allowed for a 1.1% transfer of Schools Block funding to High Needs.

Officers in attendance responded to questions and comments from Members on the report, including the following main points:

• A Member expressed concern at the potential impact of the proposals on school budgets. The Committee was advised that there had been an overall increase in funding for 2019/20. Members were referred to Table 6 which set out the impact of the proposed mainstream schools formula compared with school budgets for 2018/19 and the national funding formula for 2019/20. Developing a single formula for BCP Council had resulted in a mixed picture for schools and this was acknowledged. However it was noted that the biggest financial factor affecting schools was numbers on roll.
• The proposed transition from local formulae to a national formula by 2021/22 would still result in differences between schools depending on their individual characteristics.
• There was a separate budget agreed by the Schools Forum which provided for in year pupil growth. The take up of free childcare had been higher than expected since the introduction of the extended entitlement in 2017. A Member asked if there were sufficient places locally to meet demand. The Committee was assured that childcare sufficiency duties were being met and a ‘steady state’ was in place. The situation was being  monitored closely by a working group of providers, which held regular meetings and business planning sessions.
• Pressure on the High Needs Block was a growing national issue. The Shadow Schools Forum had set up a working group of headteachers across the BCP area to consider in more detail the demands on the high needs budget. The Forum had agreed the transfer of £2.2 million from the Schools Block to the High Needs Block in January 2019 in order to protect  ...  view the full minutes text for item 75.

To consider a report from the Interim Chief Financial Officer for the Shadow Authority.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address:

https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The Committee considered a report presented by the Interim Chief Financial Officer (CFO) for BCP on the 2019/20 Budget and consolidated MTFP update.

The Interim CFO referred to the achievement in bringing together four local authority budgets and three finance teams to create one balanced budget for the new BCP Council. The budget had been prepared in accordance with the Financial Strategy agreed in 2018.  He took Members through the key elements of the 2019/20 Budget in accordance with the summary provided in paragraph 31 of the report. He referred Members to the proposed adoption by BCP of a council tax harmonisation strategy in line with the local preference of the Shadow Executive, namely that no Borough’s council tax levels would rise at a rate exceeding the Government’s limits, and that the amount charged in Christchurch would be frozen and/or reduced until the new harmonised rate was applied.  He drew Members’ attention to Appendices 1A and 1B of the report. These set out the modelling for BCP council tax harmonisation and the proposed schedule of BCP council tax charges for 2019/20 respectively. The assumed savings based on the 2019/20 budget and MTFP were listed in Appendix 2B. The Interim CFO confirmed that there were no changes arising from the  announcement of the final Local Government Settlement on 30 January 2019.

The Interim CFO responded to questions and comments from Members on the report, including the following main points:

• A Member asked about specific percentage increases and reductions in council tax rates. The Committee was referred to the council tax harmonisation model at Appendix 1A which gave a comprehensive summary of the proposed council tax position for Bournemouth, Christchurch and Poole up until the year 2025/26.

• He confirmed that no significant assumptions had been made regarding the use of assets to support the capital programme, as this would be a matter for BCP Council to determine. He assured Members that arrangements in respect of the pension fund had been carefully considered by the Actuary to ensure that they reflected the new LGR structure in Dorset going forward.
• He explained that the ‘provision for repayment’ figure of £8.3 million in Appendix 2A was the minimum level required to be set aside for the MRP - Minimum Revenue Provision. This was in accordance with the policy of the Treasury Management Strategy.
• It was noted that there was a technical requirement to list Parish Precepts / Town Councils / Neighbourhood Councils as two separate credit and debit entries in Appendix 2A.
• The process for BCP Council to collect and distribute council tax on behalf of preceptees was in accordance with the regulations.
• A Member asked why the level of council tax income over the next four years was shown as fluctuating in Figure 7 of the report. The Interim CFO referred again to the council tax harmonisation modelling at Appendix 2A, and the application of the assumed parameters set out in paragraph 32 b) of the report.

Councillor Beesley, the Chair of the  ...  view the full minutes text for item 76.

To consider a report from officers on proposals for new partnership arrangements in line with new government guidance and legislation.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address: https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The Committee considered a report presented by the Director of Adults and Children, BBC, on proposed new pan Dorset safeguarding children arrangements for Bournemouth, Christchurch and Poole.

The proposed arrangements had been developed in response to new legislation which abolished local safeguarding children boards. Revised guidance published by the Department for Education (DfE) required new safeguarding children partnership arrangements to be in place by 29 September 2019. The proposed arrangements had been developed by the statutory partners (the two Councils, Health and the Police) and would cover the two new local authority areas in Dorset. The key areas of focus for the new partnership were set out in the executive summary of the report. Once the arrangements had been agreed locally they would be subject to independent scrutiny, to be finalised in May and submitted to the DfE for approval no later than 20 June 2019.

The Director of Adults and Children, BBC, and the Strategic Director - People, BoP, responded to questions and comments from Members on the report, including the following main points:

• Schools had been involved in the consultation on the proposed arrangements through the two Children’s Trusts for Bournemouth and Poole, and the designated safeguarding teachers forum, and early years providers had also been engaged through the early years network.
• Existing networks would be retained and developed further. Networking events would need to be carefully managed to ensure that they were not on such a large scale that opportunities for one to one dialogue and the sharing of issues were lost.
• The process for headteachers raising and escalating safeguarding issues was not affected.
• The inclusion of Somerset was only in relation to the new child death review partnership. Sadly this was for practical reasons, to enable the partnership to better understand trends and patterns using a wider geographical area.
• A Member asked how any changes to referral pathways in relation to Local Government Review would be communicated. The Committee was assured that there would be few material changes to the process of referring Children’s Safeguarding referrals, with calls going to the Multi-Agency Safeguarding Hub as before and then redirected if necessary.
• It would be a matter for the relevant O&S Committee in the BCP Council to determine how it wished to scrutinise the new partnership arrangements.
• Current arrangements for the Safeguarding Adults Board would remain in place for the time being as this was not affected by the legislation. There would be an opportunity to review these arrangements in due course to consider any lessons learned from the implementation of the new safeguarding children partnership.

The Committee agreed to add the proposed new Pan Dorset Safeguarding Children Arrangements to its ‘long list’ of potential items for future scrutiny under BCP.

To consider a report from the Interim Monitoring Officer on the Constitution proposed for the new BCP Council.

Note: The Shadow Executive report on this item will be published on 4 February 2019 at the following address: https://moderngov.bcpshadowauthority.com/ieListDocuments.aspx?CId=138&MId=120&Ver=4

The Committee considered a report presented by the Interim Monitoring Officer for BCP on the proposed new Constitution for BCP Council.

The Interim Monitoring Officer outlined the steps taken to develop the Constitution. The process had been undertaken in consultation with a team of Democratic Services Officers. It had been led from a Member perspective by the Governance Task and Group which had been established by the Shadow Executive Committee. The development of the overview and scrutiny function had been overseen by the Shadow Overview and Scrutiny (O&S) Committee. This Committee had set up a Design Working Group to undertake detailed work to prepare a suggested O&S framework. In addition there had been a number of opportunities for all Members of the preceding Councils to be engaged in the Constitution’s development, and to comment and provide input into the process. She referred to the speed at which the work had been undertaken to ensure that a Constitution was in place from 1 April 2019 which was both fit for purpose and sufficiently flexible to be developed and built on by the new Council. A copy of the final draft of the Constitution was circulated with the report at Appendix A.

The Interim Monitoring Officer referred to some of the key elements in the Constitution, and highlighted those aspects in particular which would benefit from review in the first 12 to 18 months of the new Council. The Committee was advised that the Task and Finish Group had considered the proposed O&S arrangements as presented by the Design Working Group in the papers circulated at Appendix B. In respect of the suggested Listening Committee Task and Finish Group Members had taken the view that there were a number of mechanisms which could be used to facilitate public engagement which should be more fully explored before any final arrangement was agreed.  As a result the Listening Committee had not been included in the final draft of the Constitution and it was recommended that the new Council be asked to take this forward and design the most appropriate mechanism.

The Interim Monitoring Officer asked Members to note the requirement to provide interim arrangements between 1 April and 6 May. These arrangements were included in the Constitution and summarised in paragraphs 25 and 26 of the report. She also reported on the development of a comprehensive induction and training plan to support Members in their role as BCP councillors.

The Interim Monitoring Officer responded to questions and comments on the Constitution, and the following main points were raised:

·         A Member highlighted the need to include an additional item under clause 2.2 (g) of the Planning Committee Functions section for completeness, to ensure that ward councillors were advised of the outcome of planning applications they had requested for referral. The Committee was supportive of this amendment.

·      A Member was concerned that the proposed time limit of 30 minutes for General Questions at Council meetings was insufficient, based on the proposed number of  ...  view the full minutes text for item 78.

To consider verbal update reports from named rapporteurs on the strategic activity taking place under Service Delivery Boards and any risks identified.

The Committee considered verbal updates from its appointed rapporteurs on strategic activity taking place under the four Service Delivery Boards, since last reported to the Committee in January:

Adults – Councillors David d’Orton-Gibson and Lisle Smith

Councillor d’Orton-Gibson gave an update on one of the previously identified areas of risk relating to the implementation of the new IT system, MOSAIC. He had discussed this with the Executive Lead Member and it was hoped that any remaining issues would be mitigated and resolved by the end of February.

Children’s – Councillors Bobbie Dove and Chris Wakefield

Councillor Wakefield gave updates on progress with MOSAIC (as above), the ongoing recruitment of social workers, the finalisation of the Dedicated Schools Grant, and the place management system.

Place/Environment & Economy (E&E) – Councillors Claire Bath, Marion Pope and Sue Spittle

Councillor Bath reported that the Place/E&E rapporteurs had not been able to meet with the Executive Lead Member, Councillor Broadhead, since the December O&S Committee. She hoped they would be able to meet as soon as possible to discuss a number of outstanding issues.

Councillor Pope sought assurance about the future of the Member Engagement Working Group in Poole. It was suggested that this could be covered in the briefing on ‘Planning Services - Day One’ which had been arranged for the pre committee session on 6 March.

Corporate – Councillors Ian Clark and Lawrence Williams

Councillor Clark gave an update on matters arising from the Corporate Delivery Board, including budget savings, the capital investment strategy, MOSAIC, Elections, the Constitution, Member ICT support, the progress of senior tier appointments, keeping residents informed about BCP, the disaggregation of debts, and legal work on contractual and property arrangements as a result of transition.

DECISION MADE:

That the updates from rapporteurs be noted.

The Committee is asked to consider and approve its forward plan – circulated at ‘13’.

In their considerations, Members will also be asked to take account of any additions to the Shadow Executive Forward Plan of Key Decisions, and whether scrutiny is required.  This is available to view at the following link:

https://moderngov.bcpshadowauthority.com/mgListPlans.aspx?RPId=138&RD=0&bcr=1

Members are asked to confirm items for inclusion on the agenda of the next Overview and Scrutiny Committee on 6 March 2019, to be held in the Cattistock Room, Civic Centre, Poole.

The Overview and Scrutiny Specialist referred the Committee to the items listed on its  Forward Plan for consideration at its March meeting.

She gave an update on items added to the Shadow Executive Forward Plan since the last meeting in December. In line with the approach previously taken by the Committee, Members agreed that there was no need to consider those items which would be scrutinised by the preceding authority and/or where the Shadow Executive was acting as a consultative body only, as the risk in this context was low.

The next meeting of the Committee was at 6.00pm on Wednesday 6 March 2019 in the Cattistock Room, Civic Centre, Poole. Members were advised that the pre committee session at 5.00pm would include briefings on Planning Services - Day One and Civic Functions.

DECISION MADE:

That the Committee’s Forward Plan as set out be agreed.

None.