CABINET

 

 

MINUTES of a meeting held on 2nd April, 2008.

 

Present:  Councillor Ms. M.E. Alexander (Chairman); Councillor N. Moore (Vice-Chairman); Councillors R.F. Curtis, S.C. Egan, N.J. Gibbs, Mrs. V.M. Hartrey, G. John, Mrs. M.R. Wilkinson and C.J. Williams.

 

 

C3454                        APOLOGIES FOR ABSENCE -

 

These were received from Councillor Mrs. M. Randall.

 

 

C3455                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 12th March, 2008 be approved as a correct record.

 

 

C3456                        DECLARATIONS OF INTEREST -

 

Councillor N.J. Gibbs declared an interest in Agenda Item No. 12 in that he was a Member of Penarth Town Council.

 

Councillor S.C. Egan declared an interest in Agenda Item No. 8(a) in that he was a Member of the YMCA Board.

 

 

C3457                        WALES COUNCIL FOR VOLUNTARY ACTION: 2008 LOCAL GOVERNMENT ELECTIONS MANIFESTO (REF) –

 

The Wales Council for Voluntary Action (WCVA) represented a large proportion of the voluntary or third sector in Wales.  WCVA had produced a manifesto for the 2008 local elections on behalf of the voluntary sector.  The Vale of Glamorgan Council had managed to meet several of the goals outlined in the manifesto but it was suggested by voluntary sector representatives that the Council might wish to consider support for the adoption of all aspects of the document.

 

The Voluntary Sector Joint Liaison Committee had

 

AGREED -

 

(1)       T H A T the Wales Council for Voluntary Action manifesto be noted and circulated to all Members of the Council for information.

 

(2)       T H A T the Wales Council for Voluntary Action manifesto be referred to Cabinet for consideration.”

 

Cabinet, having considered the recommendations of the Voluntary Sector Joint Liaison Committee

 

RESOLVED – T H A T the decisions of the Voluntary Sector Joint Liaison Committee be noted, and be reconsidered following the Local Government elections in May 2008.

 

 

C3458                        CCTV IN THE VALE OF GLAMORGAN – REPORT OF THE TASK AND FINISH GROUP OF THE SCRUTINY COMMITTEE (COMMUNITY WELLBEING AND SAFETY) (REF) –

 

The Scrutiny Committee (Community Wellbeing and Safety) had appointed a Task and Finish Group to examine CCTV systems in the Vale of Glamorgan.  The report of the Task and Finish Group detailed the Members that had taken part in the review, the information that had been received in order to reach its conclusions and the meetings and visits that had been made in consideration of the topic.

 

Scrutiny Committee were also advised that the Task and Finish Group had considered that  CCTV in the Vale could have considerable budget implications and that further work would need to be undertaken that the Group had considered was not within their remit.  However, the Group had made 12 recommendations and Members present at the meeting highlighted to the Scrutiny Committee that one of its main concerns had been in relation to the fact there was no overall responsibility for advice and guidance that existed within the Vale in relation to the purchase of equipment for CCTV on Council premises or for the siting of such equipment. To this end one of the recommendations that the Group had considered was particularly important was that a Lead Officer should be designated to take overall responsibility for advice and guidance, in particular on the purchase of equipment for CCTV on Council premises, including schools throughout the Vale and prior to any decision being made on the purchase or siting of such equipment.

 

Having considered the report and the comments from some of the Members who had taken part in the review, Scrutiny Committee had

 

RECOMMENDED -

 

(1)       T H A T the 12 recommendations as detailed below together with the report, be forwarded to Cabinet for consideration:

 

            R1       T H A T  consideration be given to include the provision of CCTV  in new developments where appropriate through planning conditions or Section 106 agreements.

 

R2       T H A T the Council continues at every opportunity to publicise the presence and use of CCTV and its successes to assist the Police to deal with crime and disorder in the Vale of Glamorgan.

 

R3       T H A T a lead officer be designated to take overall responsibility for advice and guidance, in particular on the purchase of equipment for CCTV on Council premises, including schools, throughout the Vale, and prior to any decision being made on the purchase and siting of such equipment.

 

            R4       T H A T the CCTV co-ordinator contacts all departments / schools to offer advice and guidance when considering the installation or upgrading of CCTV equipment. 

 

            R5       T H A T any project being undertaken within the Vale of Glamorgan Council be required to consider CCTV requirements within its briefs.

 

R6       T H A T an annual report be submitted to the Safer Vale Partnership, the Council’s Cabinet and the Scrutiny Committee (Community Wellbeing and Safety) in relation to the use of all new and existing CCTV installations throughout the Vale.

 

R7       T H A T the Lead Officer be responsible for ensuring that effective communications exist between schools and Council premises in the Vale that are not linked to or monitored by the Control Room.

 

R8       T H A T the data protection principles and the Code of Practice issued by the ICO (Information Commissioner’s Office) be fully considered and adhered to when installing CCTV on Council premises.

 

R9       T H A T the Safer Vale Partnership and Cabinet continue to consider the use and location of new CCTV technology throughout the Vale.

 

R10     T H A T the Council continues to develop close working relationships with the Police to ensure strategic monitoring to enable them to use CCTV to greatest effect in combating crime and promoting community safety.

 

R11     T H A T the Safer Vale Partnership be asked to develop links with the Transport Police in relation to Security on railway stations.

 

R12     T H A T the Vale Auditor’s report be presented to Cabinet for consideration at the earliest opportunity.

 

(2)       T H A T the Scrutiny Committee takes this opportunity to thank the Members of the Task and Finish Group for the work undertaken in relation to CCTV within the Vale of Glamorgan.

 

Cabinet, having considered the recommendations of the Scrutiny Committee (Community Wellbeing and Safety)

 

RESOLVED -

 

(1)       T H A T appreciation of the efforts of the Scrutiny Committee (Community Wellbeing and Safety) and the Task and Finish Group be placed on record.

 

(2)       T H A T a further report on the implementation of the recommendations be brought  before a future meeting of the Cabinet.

 

Reasons for decisions

 

(1)       To record the appreciation of the Cabinet.

 

(2)       To consider the implementation of the recommendations.

 

 

C3459                        CONTRACT FOR SERVICES: SOUTH EAST WALES BIOLOGICAL RECORDS CENTRE LIMITED (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Cabinet received a report on progress of the biodiversity initiative regarding the South East Wales Biological Records Centre Limited (Sewbrec), and considered a request for approval for a Contract for Services. 

 

The importance of access to up to date biological data and the need for a commitment and contribution to local record centres had been highlighted by the Welsh Assembly as part of guidance on the Natural Environment and Rural Communities Act 2006 (DEFRA 2007 guidance for local authorities on implementing the biodiversity duty). 

 

Further guidance from the Welsh Assembly, Countryside Council for Wales and the Wales Biodiversity Partnership highlighted the importance of investing in an Agreement with a Local Records Centre, citing it as best practice in the fulfilment of the Assembly Government’s Environment Strategy for Wales (Biodiversity checklist for local authorities, available from the Wales Biodiversity Partnership). 

 

Services provided by Sewbrec included species and habitat audits, digitisation of data and biodiversity information searches relating to Council owned or managed land, development control and the Local Development Plan. 

 

These services would enable a more complete and efficient delivery of aspects of the authorities statutory obligations as well as providing essential data for the Vale’s local biodiversity action plan.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T a Contract for Services with the South East Wales Biological Records Centre Limited to provide ecological services be approved upon such terms and conditions as deemed appropriate by the Director of Legal, Public Protection and Housing Services.

 

(2)       T H A T a further report be brought before a future Cabinet regarding the funding of Resolution (1) above and for future years.

 

Reasons for decisions

 

(1&2)  Sewbrec is able to provide essential ecological data to enable compliance with both legislation and guidance from the Welsh Assembly, Countryside Council for Wales and the Wales Biodiversity Partnership.

 

 

C3460                        CROWD CONTROL BARRIERS – CWRT Y VIL PLAYING FIELDS (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

 

Approval was sought to progress the installation of crowd control barriers around the senior pitch at Cwrt y Vil Playing Fields in response to a request for the improvement of facilities at the football pitch, to permit the progression of Penarth Town Football Club to the South Wales Senior League. 

 

The request from Penarth Town Football Club involved the installation of crowd control barriers which would be 900mm high and be positioned 2 metres away from the pitch touchline.  The barrier was to be manufactured using 1 ½ inch galvanised steel tubing finished in white and jointed using key clamp fixings.  The support posts would be fixed underneath the ground with concrete.

 

The barrier would be installed by the Club with no construction costs to the Council and it would be a requirement that the structure be covered by the Club’s own liability insurance.

 

In addition, the Club would also be responsible for any maintenance.  The barrier would be installed under the control of the Council which, in addition to monitoring the quality of work undertaken, would also ensure that all access requirements were maintained.  Furthermore, in order to preserve the greatest area of recreational land available for use in the summer, the barrier would be removed by the Club at the end of the football season. 

 

The Club had also asked that the current pitch be moved, effectively siting the pitch closer to St. Martin’s Close.  Members were aware that there had been a longstanding issue with residents of St. Martin’s Close as regards access to the playing fields from St. Martin’s Close and resultant anti-social behaviour.  There had also been anti-social behaviour experienced by footballers and spectators when, at a previous time, the pitch had been located closer to St. Martin’s Close.  It was proposed that no movement of the pitch be granted at this time until full agreement could be obtained from nearby residents.  As this would not be possible in the short term it was proposed that the crowd control barriers be installed around the senior pitch at its current location. 

 

In recognition of the longstanding issue concerning access to the fields through St. Martin’s Close, Penarth Town Football Club had offered to install an additional fence at the boundary of St. Martin’s Close and the playing fields, to effectively prevent access to the fields from St. Martin’s Close.  It was felt that, whilst this offer was commendable, the Council was not currently in a position to agree the permanent denying of access to the fields from St. Martin’s Close.  It was therefore not proposed to accept this offer of fencing from the football club at this time. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T should Penarth Town Football Club obtain promotion to the Senior or Amateur League for 2008/09, the club be authorised to erect a barrier around the senior pitch at the Cwrt y Vil Playing Fields marked (b) on the plan attached to the report, to a standard and design to be agreed by the Director of Environmental and Economic Regeneration on the basis that no objections had been received from local members. 

 

(2)       T H A T the barrier be removed by the Club at the end of the football season and re-installed again prior to the start of the football season.

 

Reasons for decisions

 

(1)       To enable the Club to meet the requirements of higher league football.

 

(2)       To encourage greater use of the playing field in the summer.

 

 

C3461                        COWBRIDGE LEISURE CENTRE – ACCESS (DFICTP) (SCRUTINY – CORPORATE RESOURCES AND ECONOMY AND ENVIRONMENT) –

 

Authority was sought to grant a right of access across the land at the leisure centre from the Broadshord to the adjoining Bearfield to serve the proposed new heath facility to be constructed there.

 

The access road from the Broadshord currently serving Cowbridge Leisure Centre as well as other uses adjacent to it was a private road and was not to adoptable standards.  The access configuration from the Broadshord was also substandard. 

 

The request for access had raised serious concerns as to whether it could be technically and safely achieved.  Following detailed discussions within and without the planning process, a design solution had been developed which satisfied the highway criteria and which afforded improved pedestrian and vehicular access.  The existing road would be slightly realigned and the new/existing upgraded to adoptable standards.  The realignment would also necessitate the reconfiguration of the existing car parking to mitigate the loss of any parking spaces.  The works would require a drain to be laid under the car park to an adjoining watercourse.  All the works would be carried out at no cost to the Council. 

 

The District Valuer had negotiated the consideration due to the Council for the privilege to be granted and had certified that it was proper and in accord with the Council’s legal obligations. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the right of access and associated drainage easement be granted.

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to agree and settle the terms and conditions of the grant and to accept the negotiated fee therefore. 

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute any necessary legal documentation required.

 

Reasons for decisions

 

(1)       To facilitate the provision of the new health facility for Cowbridge and to gain an improved access to the leisure centre.

 

(2)       To enable the transaction to proceed.

 

(3)       To effect the completion of the grant.

 

 

C3462                        BARRY YMCA – LOAN (DFICTP) (SCRUTINY – CORPORATE RESOURCES) –

 

(Councillor S.C. Egan withdrew from the meeting whilst this matter was considered)

 

Cabinet considered an application from the Barry YMCA for a variation in the terms of the loan which they had received from the Council and for the associated legal charge on their premises to be demoted or discharged. 

 

The YMCA had provided projected accounts that indicated its finances over the next three years were expected to be insufficient to provide for re-payment of the Council’s loan on its existing basis, and had requested that the Council reconsider the terms. 

 

A request had been received from the YMCA for the Council to agree to its charge on the property being amended, so that it would have equal ranking with the other three existing charges i.e. WAG, the National Council of the YMCA of Wales and the Big Lottery Fund.  This was a condition of Big Lottery Funding, and solicitors for the YMCA had advised that WAG and the National Council for the YMCA had agreed to their existing charges being amended to have equal ranking. 

 

With regard to registering further charges or varying existing charges there was a restriction on the title register, entered when WAG altered their priority position with the National YMCA, that no additions or alterations deemed prejudicial to the other charge holders may be made without their consent.

 

The YMCA was seeking to identify new sources of income, however, there was no evidence that its finances in the foreseeable future were likely to sufficiently improve to allow for repayment of the loan on the original terms.  Further, the continued burden of loan repayments could have a serious detrimental impact on the further development of a much valued community facility. 

 

Whilst repayment of the loan could be further deferred, in light of the anticipated financial position of the organisation and the desire of the Council for the facility to be retained and improved, it was proposed that the loan be converted to a grant. 

 

The effect of this proposal would be to remove the Council’s legal charge in its entirety.  Whilst the Council could consider raising a charge for the grant, this would require permission of the other chargees which may not be forthcoming. 

 

This was a matter for Executive decision.

 

RESOLVED – T H A T consideration of the report be deferred for a further report outlining all the alternatives available to resolve this issue, including an extension to the original loan period or waiving the grant or any combination of a resolution available.  The report should also include all the costs and legal implications to both the Council and the YMCA, where possible.

 

Reason for decision

 

To consider further options..

 


 

 

C3463                        CRIMINAL RECORDS BUREAU DISCLOSURES POLICY (DLD) (SCRUTINY – CORPORATE RESOURCES) –

 

Endorsement was sought for the implementation of a Criminal Records Bureau Disclosures Policy. 

 

As an organisation using the CRB disclosure service for assessing the suitability of applications for positions of trust, the introduction of a policy would need to comply fully with the CRB Code of Practice.  The policy had been divided into separate sections as follows:

 

Main Policy Statement –

 

·                   Criminal Records Bureau Disclosures (information from CRB)

·                   Policy Statement on the Secure Storage, Handling, Use, Retention and Disposal of Disclosures and Disclosure Information

·                   Policy Statement on the Recruitment of Ex-offenders

·                   CRB Disclosure Outcomes (this was specific to Social Services but to be adapted to each Directorate/Department)

·                   CRB Disclosure Outcomes specific to taxi licensing applicants.

 

There were currently two levels of CRB checks being processed within the Council, namely Standard and Enhanced disclosures.  Standard disclosures applied to individuals who did not directly work with vulnerable people but who may work in an environment where there could be access to vulnerable people.  Enhanced disclosures applied to individuals who had access to vulnerable people or access to related sensitive administrative documentation in respect of vulnerable people. 

 

Although the majority of CRB disclosures were undertaken in relation to check eligibility for employment within the Council, a number of disclosures were also administered for a number of reasons (e.g. taxi licence, foster carers, consultants, contractors/agency workers acting on behalf of the Council).

 

In accordance with CRB advice, portability of CRB disclosures from Outside Agencies would not be accepted by the Council.  Disclosures from other ‘Services’ (transferred within the Council) would only be accepted if the original Disclosure received the correct level of check for the new post and that if an individual was to work with the same vulnerable people.  This did not apply to taxi licensing applications or to those disclosures undertaken within Children and Adult Services, Social Services, where internal portability was not accepted as prescribed by the Care Council.

 

It was currently proposed that there would be a period of three years before renewal of a Disclosure for those Non Teaching staff employed within schools and within Social Services.  Taxi drivers may be required to receive annual renewals at the discretion of the Licensing Committee, likewise foster carers may require more regular CRB reviews.  Registered teachers remained subject to provision of the General Teaching Council for Wales Scrutiny arrangements which in essence provided for any serious criminal allegation/conviction to be reported to them and onward to the employer.  These arrangements would continue pending implementation of the forthcoming independent Safeguarding Authority consultations and implementation arrangements which were expected to come into force this October, at which point a further report would be referred to the Cabinet.

 

As an ‘Umbrella Organisation’, the Council acted on behalf of external organisations to undertake CRB checks on their employees/volunteers on condition that the external organisation provides a service for the Council on behalf of public residing in the area of the Vale of Glamorgan.  These arrangements are subject to the outside organisation adhering to the conditions set by the Council. 

 

The central administration of the CRB process was covered by the Human Resources Division, with the Operational Manager Human Resources currently being the Council’s Lead Signatory.

 

This was a matter for Executive decision.

 

It was noted that the word “Recruitment” in Paragraph 4.4 of Appendix C should read “Rehabilitation”.

 

RESOLVED –

 

(1)       T H A T the implementation of the new CRB policy within the Council as soon as practicable be endorsed.

 

(2)       T H A T a further report be submitted to Cabinet in respect of the potential impact of the Council’s CRB Policy and Procedures on implementation and supporting arrangements in respect of the Independent Safeguarding Authority as proposed by the Government.

 

Reasons for decisions

 

(1)       To meet the Council’s obligation to ensure a safe environment for vulnerable people.

 

(2)       To provide progress reports on Government proposals, likely impact, and an assessment on the existing CRB arrangements along with any appropriate recommendations to support the introduction of the Independent Safeguarding Authority requirements within the Council.

 

 

C3464                        CHANGE OF USE (DLD) (SCRUTINY – LIFELONG LEARNING) –

 

Cabinet received a report which

 

·                   sought approval to submit a planning application for change of use for the annexes at Cowbridge Community College, Old Hall, Cowbridge from residential to business use

·                   sought authority to enter into any agreement(s)/lease(s) required subsequent to grant of planning consent for change of use.

 

The annexes at Cowbridge Community College, Old Hall, Cowbridge had previously been let for residential purposes.  Over the years they had been used for educational and community purposes as they became vacant.  The approval for change of use on these annexes had already been granted by the former South Glamorgan County Council.

 

There were currently four annexes, units 3, 4, 5 and 6 which were vacant and required approval for change of use. 

 

Should the annexes be let for residential use, the ‘right to buy’ legislation would apply after a period of time. 

 

The Creative Rural Communities Partnership had proposed a regeneration initiative that could be delivered from the annexes, but a funding application would depend on the appropriate terms of a lease.  Therefore, Cabinet approval was required to submit a planning application seeking change of use. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the submission of a planning application seeking change of use from residential to business use for the vacant annexes 3, 4, 5 and 6 at Cowbridge Community College be approved.

 

(2)       T H A T Members approve entry into any subsequent lease agreements.

 

Reasons for decisions

 

(1)       To submit the planning application in accordance with Council regulations.

 

(2)       To enter subsequent lease agreements in accordance with Council regulations.

 

 

C3465                        SURPLUS ASSET: COWBRIDGE SCHOOL CARETAKER’S HOUSE (DLD) (SCRUTINY – LIFELONG LEARNING) –

 

Cabinet were requested to declare the Caretaker’s house nearby to the Cowbridge School Lower Site surplus and authority was sought for its disposal.

 

In light of the planned redevelopment of the school at the Aberthin Road site, the school would no longer require a residential caretaker located near the Town Mill Road site, and the house was therefore surplus to operational requirements.

 

The sale of the house would generate a capital receipt that the Council could consider using to make a contribution to redevelopment of Cowbridge School at Aberthin Road.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Caretaker’s house be declared surplus and approval be granted for its disposal. 

 

(2)       T H A T the Director of Finance, ICT and Property be authorised to accept the best offer received for the premises.

 

(3)       T H A T the Director of Legal, Public Protection and Housing Services be authorised to prepare, complete and execute any necessary legal documentation required.

 

Reasons for decisions

 

(1)       To enable marketing of that house to generate a capital receipt.

 

(2)       To comply with financial regulations.

 

(3)       To effect the completion of the disposal.

 

 

C3466                        PROGRESS ON THE NEW YOUTH FACILITY IN PENARTH (DLD) (SCRUTINY – LIFELONG LEARNING) –

 

Approval was sought to complete a lease agreement with Penarth Town Council for the use of the former Citizens Advice Bureau premises as a new youth facility.

 

The Director of Finance, ICT and Property had negotiated suitable heads of terms with Penarth Town Council for the lease of the premises which could be funded within existing budgets of the Council’s Youth Service. 

 

The Director of Legal, Public Protection and Housing Services required Cabinet approval to complete the negotiations to establish a lease agreement. 

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the Director of Legal, Public Protection and Housing Services be authorised to complete the lease.

 

Reason for decision

 

In order to complete the transaction.

 

 

C3467                        MAKING THE CONNECTIONS – ILLEGAL MONEY LENDING PROJECT – AUTHORISATION OF OFFICERS (DLPPHS) (SCRUTINY – CORPORATE RESOURCES AND COMMUNITY WELLBEING AND SAFETY) –

 

Approval was sought for the Vale of Glamorgan Council to authorise Cardiff County Council Officers of the Illegal Money Lending Unit (IMLU) to investigate and institute proceedings against illegal money lenders operating within the Vale of Glamorgan Council area.

 

The Department of Business Enterprise and Regulatory Reform had provided ring fenced funding to provide regional teams to combat illegal money lending through to 31st March, 2009.  The Wales Head of Training Standards submitted a bid to the Department of Business Enterprise and Regulatory Reform for a Cardiff based project to cover Wales.  Pilot schemes had been operating in Birmingham and Glasgow.

 

The primary legislation governing the consumer credit industry was the Consumer Credit Act 1974.  This was enforced in local authorities by the Trading Standards Service.  The Act was based upon a licensing system and all consumer credit and consumer hire business operating in the U.K. (with certain exemptions) must possess an appropriate licence issued by the Office of Fair Trading (OFT).  The OFT must be satisfied that an applicant for a Consumer Credit Licence was a fit and proper person before issuing that person with a licence to trade. 

 

To operate a Consumer Credit Business without being licensed was a criminal offence and carried a maximum penalty of £5,000 and/or up to two years imprisonment.  Further, the OFT could revoke licences where it could be established that the licensee had acted inappropriately.  The OFT could issue warnings and add conditions to the licence where necessary. 

 

Illegal money lending covered a range of activities, from persons that are actually licensed but are acting unlawfully (for example by canvassing off trade premises) to the extreme of a person offering cash loans without being licensed at all (loan sharks).

 

The Illegal Money Lending Units remit was to investigate illegal money lending activity and establish if a problem existed and, if so, bring to justice those persons carrying on this activity.  Evidence so far indicated that illegal money lenders were widespread and prevalent. 

 

With regards to enforcement activity, the investigation of illegal money lending had proven to be very resource intensive.  Targets needed to be observed and monitored to determine their activity, to identify them and if possible establish their address.  A significant proportion of targets were also what was termed ‘lifestyle criminals’, which meant that evidence of other illegal activity could surface during the course of an investigation.  This may not only involve other agencies but also extend the life of an investigation, thereby adding to the pressure on resources. 

 

Along with any enforcement, the Cardiff Illegal Money Lending Unit will help victims of illegal money lenders with practical help and support through and in conjunction with the services of local Debt Advice Teams and the National Debt Line. 

 

In order to extend the scheme into the Vale of Glamorgan the existing Cardiff Illegal Money Lending Unit required proper officer authorisation to carry out the investigations and for all the associated legal processes and costs thereof to be delegated to Cardiff County Council.  A draft protocol, attached at Appendix 1 to the report, contained all the required conditions and consents to enable Cardiff County Council officers to undertake investigations and legal procedures on behalf of the Vale of Glamorgan Council.

 

There was no alternative means to access the funding for an Illegal Money Lending Unit, and the degree of expertise and scale of operation required for such a service would not be viable as a stand alone unit in the Vale of Glamorgan. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the discharge of the Council’s function of the enforcement of Part III of the Consumer Credit Act 1974 be carried out in the Vale of Glamorgan by Cardiff County Council (pursuant to Section 101 of the Local Government Act 1972, Regulation 7 of the Local Authority (Arrangements for Discharge of Functions) (Wales) Regulation 2002 as amended and the Local Government Act 2000).

 

(2)       T H A T the Protocol for Illegal Money Lending Unit Investigations attached at Appendix 1 to the report be agreed and that authority be delegated to the Director of Legal, Public Protection and Housing Services to enter into an agreement on behalf of the Vale of Glamorgan Council and to approve minor alterations if required.

 

Reasons for decisions

 

(1&2)  Authorising Cardiff Council’s Illegal Money Lending Team to extend their service to the Vale of Glamorgan will provide a fully under-written service that would improve the financial prospects of our most vulnerable residents.

 

 

C3468                        SUPPORTING PEOPLE CONTRACTS (DLPPHS) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY) –

 

Authority was sought to enter into a further three-year contract with existing support providers for the continuing provision of housing related support services for selected schemes and that standing orders be waived to enable the contracts to be entered into.

 

Legacy funding to pay for existing housing related support services transferred to the Council in April 2003 to the Supporting People agenda under two funding streams:

 

(a)       Supporting People Grant – this was to fund sheltered housing, elderly people services and projects jointly funded with Social Services.

 

(b)       Supporting People Revenue Grant – this was to fund the Council’s Tenant Support Scheme.

 

Both funding streams were paid by WAG in the form of a grant to the authority and were ring-fenced for expenditure on housing related support services only.

 

In compliance with WAG guidance, interim contracts were put into place between the Council and support providers to cover these services, which ended on 31st March, 2006.  Cabinet, on 1st February, 2006, granted authority to enter into new two-year study state contracts with support providers pending a joint re-tendering strategy being developed in partnership with Social Services for jointly funded services.

 

The re-tendering exercise was duly undertaken and completed in late 2007 and new contracts were issued.  Some services were however, not covered by the process and were now due to expire on 31st March, 2008.  These were:

 

(a)       The four external contracts between the Council and small landlords who have one vulnerable client that they have taken into their own home where support had been provided over many years, including prior to the introduction of Supporting People.  The approximate total value was £45,000 per annum.

 

(b)       The four external contracts between the Council and Housing Associations and the Abbeyfield Society to fund the warden and emergency alarm services provided in their own accommodation.  The approximate value totalled £90,000 per annum.

 

(c)        The one internal Contract between the Supporting People Team and the Council’s Vale Community Alarm service for the provision of the alarm service in the Council owned properties designated for the elderly.  The approximate value totalled £43,000 per annum.

 

(d)       The one internal Contract between the Supporting People Team and the Council’s Housing Management Service for the provision of the warden services provided to Council tenants in sheltered accommodation.  The approximate value totalled £38,000 per annum.

 

(e)       The seven external Contracts with seven support providers who provide support to vulnerable people placed in accommodation by the Council, which were funded under a tariff based system determined by WAG.  The approximate value totalled £867,000 per annum.

 

(f)         The two internal Contracts with the Social Services Department of the Council for housing related support by the Adult Placement Service and domiciliary care staff in addition to personal care funded by Community Care Finance.  The approximate value totalled £201,000 per annum.

 

There was no statutory requirement to re-tender any of these services.  In addition, one of the major reasons for the introduction of Supporting People was to bring stability to the vulnerable people who receive support.  In the case of small landlords, the service users have lived as part of the family for many years with their landlords.  Internal staff in the Council and the Housing Associations provide the Warden and alarm services and it would be impractical to award the contract for service delivery to another organisation, as the services were provided under a tenancy agreement.  Finally, in the case of the Tenancy Support Scheme, if the service were to be re-tendered it would not generate any efficiency savings for the Council as the payment level was set under a tariff system by the Welsh Assembly Government.  In addition, these services had been extensively reviewed annually by the Supporting People Team since 2003 and were providing a vital service for vulnerable clients.  These support workers had built up a close relationship with the service users and changing support worker would impede a service user’s progress in achieving the desired outcomes of independence, maintaining their home and integrating successfully into the community at the earliest possible time.  In extreme cases it could even lead to a service user becoming destabilised and needing to seek crisis intervention from the statutory services of Health or Social Services.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the Council enter into a three-year contract extension for those projects delivered in partnership with Social Services, within a landlords own home, within a sheltered complex, through an emergency alarm provision or those which are funded under the Welsh Assembly Government’s tariff system. 

 

(2)       T H A T standing orders be waived to enable the contract to be entered into. 


 

 

Reasons for decisions

 

(1&2)  To ensure the stability of very vulnerable service users who receive support in the Vale of Glamorgan.

 

 

C3469                        RENT SETTING FOR 2008/2009 FINANCIAL YEAR AT HAFAN TREHARNE HOSTEL FOR THE HOMELESS (DLPPHS AND DFICTP) (SCRUTINY – COMMUNITY WELLBEING AND SAFETY AND CORPORATE RESOURCES) –

 

Cabinet were advised of the notification received from the Department for Works and Pensions (DWP) regarding the rent setting for Hafan Treharne Hostel for 2008/2009. 

 

It was proposed that the weekly rent charge should remain at the DWP threshold of £105.59, in addition there would be no change to the heating, water and lighting charge of £11.05, giving a total weekly charge of £116.64. 

 

As the majority of tenants were in receipt of Housing Benefits any increase above the threshold limit would have an impact on those tenants. 

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the rent for the Hostel for 2008/2009 remain at £116.64 per week as recommended by the DWP, to be implemented from 7th April, 2008.

 

(2)       T H A T the use of the Urgency Procedure under Article 13.09(a) of the Constitution be approved.

 

Reasons for decisions

 

(1)       To ensure that the DWP threshold limits for Homeless persons is not breached.

 

(2)       The rent needs to be set before the expiration of the call-in period.

 

 

C3470                        REVENUE MONITORING FOR THE PERIOD 1ST APRIL, 2007 TO 20TH FEBRUARY, 2008 (CMT) (SCRUTINY – ALL) –

 

The projected outturn for the 2007/08 Revenue Budget was shown in comparison with the Amended Revenue Budget at Appendix 1 to the report.  The current forecast was for an underspend on the General Fund of £2.108 million and the Housing Revenue Account £0.300 million. 

 

Education and Schools – reference was made to previously reported underspends on the central education budget which would be used to fund overspends elsewhere in the Directorate.  In addition, savings would be used to support the residential special schools provision, where a combined deficit balance was projected to total £378k. at 31st March, 2008 as a result of the financial implications of Care Standards legislation.  Although there were a number of pressures on the service, the expenditure on placements in independent schools included in the Access and Inclusion budget was forecast to be £130,000 less than was estimated.  This was due to a number of pupils returning to placements within the authority.  At present, there was also potential additional income of £350,000 as a result of more out of county pupils.  However, given the volatile nature of this budget the income was not considered secure at this time.  In addition, within the Strategic Planning and Performance Budget, as a result of the combination of a recent re-tendering exercise on certain home to school transport routes and contract inflation for other routes being lower than expected, there was a projected saving of £137,000 on home to school transport.  The education based budget currently included £450,000 to support the School Investment Strategy.  In 2007/08 the budget would be used to help fund the costs of the external design team.  Any further savings that were realised by the end of the financial year would also be available to further support the School Investment Strategy.  Probable underspending on the service on the service had reduced compared to earlier reports mainly due to the agreed reallocation of costs from Lifelong Learning. 

 

Lifelong Learning – costs had been reallocated to education and schools which resulted in a reduced predicted adverse variance of £46,000 when compared to earlier reports.  The variance was primarily due to a delay in starting new learning programmes to the economically inactive and low enrolments over the summer period (£36,000), premises costs at the Heritage Skills Centre (£10,000). 

 

Catering – an adverse variance of £30,000 was predicted for this service, a reduction of £60,000 from that previously reported.  This was as a result of more active promotion/marketing of school meals to improve uptake, an increase in meal prices from September 2007, realignment of school kitchen staff with output of meals and a review of administrative arrangements between Education and the Catering Service.

 

As regards Social Services, Appendix 1 to the report showed the budget for each Division of Service and reflected the allocation of the original Temporary Uplift of £3,641,000 approved by the Council, the savings of £2,000,000 originally needed to achieve a balanced budget and the additional temporary uplift of £1,110,000 to meet the cost of increase Care Home fees and arbitration.  The budget was currently projected to outturn with a deficit of £231,000 a further reduction of £341,000 on previously reported figures.  In addition to the savings resulting from the revised action plan, income from transferred grant funding and continued improved income generation had been reflected in the current projected outturn figures.  However, many of the budget savings were ‘one-off’ and there was still an underlying departmental overspend on care packages.  This needed to be addressed during 2008/2009. 

 

Children’s Services – the probable outturn was currently showing a surplus of £760,000.  The increased surplus was mainly due to the use of ‘one-off’ grant allocations.  The main reasons for the underspends were a reduction in the costs of children placements £66,000, savings on fostering costs £185,000, vacant posts £353,000, grant income £214,000 and release of contingency items £85,000 off-set by additional costs associated with adoption allowances and court expenses. 

 

Community Care and Health – details of budget and spend related to each client group was shown at Appendix 1 to the report.  The Service was projected to outturn with a deficit of £1,011,000 at the year end, a decrease of £89,000 on the previous months reported figures.  The projected outturn reflected the savings identified in the revised Actions Plans and continued improved income generation.  The projection also reflected the continued pressures on Community Care packages.  It included the increase in Care Homes fees already agreed and an estimate of new commitments that may be made before the year end.  This was an extremely volatile budget and would be adjusted as information became available.  Currently the unallocated Community Care commitments were shown under the Elderly Client Group and would be allocated to the other client groups as contracts were finalised.  The additional uplift to the budget of £1,110,000 had been allocated over client groups pro rata to current commitments.

 

Policy – the underspending of £2,339,000 was as reported previously.

 

Housing Revenue Account – the underspending of £300,000 was mainly due to staff vacancies and savings on the supplies and service budget.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the position with regard to the Authority’s 2007/08 Revenue Budget be noted and that Cabinet’s thanks be passed to all staff in acknowledgement of the efforts made to achieve a balanced budget.

 

Reason for decision

 

That the Members are aware of the projected revenue outturn for 2007/08.

 

 

C3471                        CAPITAL MONITORING FOR THE PERIOD 1ST APRIL, 2007 TO 29TH FEBRUARY, 2008 (CMT) (SCRUTINY – ALL) –

 

Cabinet were advised of the progress on the 2007/08 Capital Programme for the period 1st April, 2007 to 29th February, 2008 and where necessary were requested to approve changes to the programme. 


 

 

Director of Education –

 

School Target Hardening Grant – further to an initial allocation of £29,642 which was already included in the current Capital Programme, WAG had now made a further grant of £9,902 for Ysgol Gyfun Bro Morgannwg.  It was requested that this additional sum be incorporated into the 2007/08 Capital Programme. 

 

Director of Legal, Public Protection and Housing Services –

 

Disabled Facilities Grant – due to an on-going staff shortage in the Grants Sections it had not been possible to process the anticipated number of disabled facility grant applications this year.  It was therefore necessary to transfer the sum of £200,000 from the Council-funded DFG budget to the Penarth Renewal Area within the existing 2007/08 Capital Programme.  Emergency powers had been sought in order to approve this transfer. 

 

Director of Environmental and Economic Regeneration –

 

Land drainage pre-feasibility – Wag had recently approved a grant of £15,300 for pre-feasibility studies at various sites throughout the Vale of Glamorgan following the flooding problems encountered recently.  The anticipated cost of the study was £18,000 of which WAG had agreed an 85% grant allocation, whilst the Council had identified match funding of £2,700 from within existing revenue budgets.  It was requested that the 2007/08 Capital Programme be increased by £18,000 in order to fund the initial cost of the studies. 

 

Transport Grant – the recent bid for further funding to the Welsh Assembly Government for the Barry Central Station Scheme had been approved and the Council had duly submitted a claim on the additional funding of £293,000. 

 

General Asset Renewal 2007/08 – included within the Visible Services budget was a scheme for the construction of a gulley recycling facility at Pant y Lladron whereby the anticipated costs of the works was to be shared between the Vale, Bridgend County Borough Council and Cardiff County Council.  Each participant’s anticipated share of the cost was initially £50,000 and a budget of that amount was included within the 2007/08 General Asset Renewal allocation.  Additional costs were incurred with the design and construction of infrastructure for the collection/capture, treatment and recycling of all rainfall at the site.  An additional tank was constructed to reuse treated gully water.  The facilities capacity was also increased to cope with potential private commercial customers, or other adjacent local authorities, in the future.  The increase was to be shared equally between the three parties, increasing this Council’s contribution to £72,000.  The additional cost was to be funded from within existing revenue budgets. 

 

It was anticipated that the following schemes would not be completed on target.

 

Director of Education –

 

Rhoose Primary Additional Accommodation – delays in the tender process for this scheme had meant a lower than anticipated spend this financial year and works could not commence until the next financial year.  It was requested that a further slippage amount of £440,000 be made in order to progress the building works in 2008/09.

 

Director of Legal, Public Protection and Housing Services –

 

Transfer of Woodlands to Holm View – it was necessary to vacate Woodlands as its condition had deteriorated over years and had been uneconomic to upgrade.  Initial cost estimates of £200,000 had been based on the assumption that the centre could be accommodated in Holm View with some moderate alterations.  However, on further investigation, due to the type of existing and to meet the requirements of the service potentially there would be more work involved especially in the conversion of the mechanical and electrical installation.  The final specification of works was yet to be specified at this stage and therefore the only costs to be incurred during 2007/08 were the design fees for the scheme.  It was therefore requested that the unspent balance of the current budget of £184,000 be slipped into 2008/09 Capital Programme to fund future works. 

 

Director of Environmental and Economic Regeneration –

 

Barry Regeneration Partnership – included within this budget was a research project at £5,000 which was not possible to commence this year due to the long term sickness of the professor due to undertake the project.  The work was now expected to be undertaken during April and it was therefore requested that the budget of £5,000 be slipped into 2008/09.

 

Cogan Hall Farm – the current unspent budget of £88,000 could not now be spent by the end of March due to the requirement to obtain CADW Listed Monument Consent.  It was therefore requested that the £88,000 be slipped into the 2008/09 Capital Programme. 

 

Relocation of Road to Dunraven Beach – delays due to land issues had meant that though works were progressing on site they were now not able to be completed before the end of this financial year and it was therefore requested that the anticipated unspent balance of £138,000 be slipped forward into the 2008/09 Capital Programme. 

 

Penarth Marina Escarpment – works to stabilise the escarpment at Penarth Marina had been delayed pending the outcome of drainage investigations at Penarth Heights development.  It was therefore requested that the unspent balance of £109,000 be slipped into the 2008/09 Capital Programme.


 

 

Marcross Cesspits – problems encountered in acquiring the land required to progress this scheme further had meant that it was now requested that the remaining unspent balance on this budget of £14,000 be slipped into the 2008/09 Capital Programme.

 

Knap Development – works to the two shelters along the Knap Promenade were proceeding but were not likely to be complete until May 2008 and it was therefore requested that £170,000 be slipped into the 2008/09 Capital Programme.

 

Multi Use Games Area Cadoxton – as works would not be commenced this financial year, it was requested that the remaining unspent budget of £13,000 be slipped through to the 2008/09 Capital Programme.

 

Dyffryn House External Restoration – it had not been possible to proceed with the intended works from this budget and it was requested that the remaining budget of £7,000 be slipped into the 2008/09 Capital Programme.

 

Penarth Pier Decking – the first phase of works on refurbishing the decking area at Penarth Pier had been completed, but at a cost of £82,000 on a budget of £75,000 as a slightly larger area required replacement than had originally been anticipated.  The additional funding had been identified from within existing revenue budgets within Visible Services.  Phase 2 of the works were scheduled for early Spring 2008.

 

Policy –

 

Court Road Accommodation – the works were not likely to commence until April and as such the only expense this financial year would be fees.  It was therefore requested that the remaining budget of £325,000 be slipped into the 2008/09 Capital Programme.

 

Dyffryn Enveloping – the scheme was likely to be underspent by approximately £170,000 which included an underspend on the main enveloping contract itself.  It was requested that the remaining budget of £170,000 be slipped into the 2008/09 Capital Programme.

 

Glamorgan Record Office – the Council had been instructed that delays with implementing the scheme had meant that the Council had been requested to contribute £120,000 of the budget of £1,000,000 this financial year.  It was therefore requested that the balance of £880,000 be slipped into the 2008/09 Capital Programme.

 

In response to a question at Council on 20th February 2008 regarding the Council’s commitment to the Pont Y Werin Bridge scheme, the Deputy Leader had confirmed that an amendment to the Capital Programme was to be put forward to include a provision of up to £200,000 for the forthcoming financial year towards the project, and it was

 

RECOMMENDED - T H A T this sum be included in the 2008/09 Capital Programme.

 

A number of recommendations were a matter for Council because they were contrary to and not wholly in accordance with the budget.

 

RESOLVED -

 

(1)       T H A T the following changes to the 2007/08 Capital Programme be approved:

 

            (i)      School Target Hardening Grant - increase the budget by £9,902 funded from WAG grant.

            (ii)     Land Drainage Feasibility - increase the budget by £18,000, funded £15,300 from WAG grant and £2,700 from within existing revenue budgets.

 

(2)       T H A T the following changes be referred to Council for approval:

 

            (iii)    Rhoose Primary Additional Accommodation - reduce the budget to £360,000 (carry forward £440,000 to the 2008/09 Capital programme).

            (iv)    Transfer of Woodlands to Holm View - reduce the budget to £16,000 (carry forward £184,000 to the 2008/09 Capital Programme).

            (v)     Multi Use Games Area Cadoxton - reduce the budget to nil (carry forward £13,000 to the 2008/09 Capital Programme).

            (vi)    Barry Regeneration Partnership - reduce the budget to £377,000 (carry forward £5,000 to the 2008/09 Capital Programme).

            (vii)   Cogan Hall Farm - reduce the budget to £1,000 (carry forward £88,000 to the 2008/09 Capital Programme).

            (viii)  Relocation of road to Dunraven Beach - reduce the budget to £250,000 (carry forward £138,000 to the 2008/09 Capital Programme).

            (ix)    Penarth Marina Escarpment - reduce the budget to £11,000 (carry forward £109,000 to the 2008/09 Capital Programme).

            (x)     Marcross Cesspits - reduce the budget to £1,000 (carry forward £14,000 to the 2008/09 Capital Programme).

            (xi)    Knap Development - reduce the budget to £30,000 (carry forward £170,000 to the 2008/09 Capital Programme).

            (xii)   Dyffryn House external restoration - reduce the budget to nil (carry forward £7,000 to the 2008/09 Capital Programme).

            (xiii)  Glamorgan Record Office - reduce the budget to £120,000 (carry forward £880,000 to the 2008/09 Capital Programme).

            (xiv)  Dyffryn Enveloping - reduce the budget to £721,000 (carry forward £170,000 to the 2008/09 Capital Programme).

            (xv)   Court Road Accommodation - reduce the budget to £25,000 (carry forward £325,000 to the 2008/09 Capital Programme).

            (xvi)  Pont Y Werin Bridge scheme - increase the 2008/09 Capital Programme by £200,000, funded from the Project Fund.

 

Reasons for decisions

 

(i) - (ii)          To allow schemes to be undertaken in this financial year.

 

(iii) - (xvi)     To allow schemes to be undertaken/completed in future financial year.

 

 

C3472                        MATTERS WHICH THE CHAIRMAN HAD DECIDED WERE URGENT –

 

RESOLVED – T H A T the following matters which the Chairman had decided were urgent for the reasons specified be considered.

 

 

C3473                        DRAFT SUPPLEMENTAL PLANNING GUIDANCE: COUNTY TREASURES (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

Urgent by reason of the need to make a decision prior to the next Committee

 

Cabinet received a report which advised of the draft Supplementary Planning Guidance (SPG) ‘County Treasures’, which had been developed to support the policies and proposals contained within the Adopted Vale of Glamorgan Unitary Development Plan 2005 (UDP).

 

Once approved, the SPG shall be used for development control purposes and shall be a material consideration in the determination of planning applications.  A copy of the guidance was attached at Appendix A to the report. 

 

The County Treasures survey uniquely contained a ‘unified’ list of historic built assets found within the Vale of Glamorgan.  It therefore contained listed buildings, Scheduled Ancient Monuments, as well as 362 entries identified as being of ‘local importance’.  The SPG was designed to provide planning guidance as advice on this locally listed element of the survey. 

 

The document provided information on the following issues:

 

·                   Background

·                   Identification of Local Entries

·                   Criteria for Selection and Review

·                   Status and Policy Background

·                   Planning Control: Strategic Policy Context

·                   Planning Control: Detailed Implications

·                   Where to View County Treasures.

 

This was a matter for Executive decision.


 

 

RESOLVED

 

(1)       T H A T a copy of the report and SPG attached at Appendix A to report be referred to Planning Committee and the Conservation Area Advisory Group for consultation purposes.

 

(2)       T H A T subject to the views of the Planning Committee and the Conservation Area Advisory Group, a consultation exercise be undertaken on the contents of the draft SPG targeting ‘interested parties’. 

 

(3)       T H A T subject to the views of the Planning Committee and the Conservation Area Advisory Group, the draft SPG be approved for interim development control purposes and made available on the Council’s website.

 

(4)       T H A T a further report be presented to Cabinet outlining the responses to the consultation exercise, together with any proposed changes to the draft SPG.

 

Reasons for decisions

 

(1)       To obtain the views of the Planning Committee and the Conservation Area Advisory Group on the draft SPG.

 

(2)       To obtain the views of interested parties on the draft SPG.

 

(3)       To allow the draft SPG to be considered in the determination of any planning applications.

 

(4)       To advise Cabinet of the results of the consultation exercise together with any proposed changes to the draft SPG.

 

 

C3474                        COUNTY TREASURES: THEATRE ROYAL, GLADSTONE ROAD/BROAD STREET, BARRY (DEER) (SCRUTINY – ECONOMY AND ENVIRONMENT) –

Urgent by reason of the request by the Leader

 

Consideration was given to the inclusion of the Theatre Royal on the County Treasures list. 

 

It was reported that the building’s two main public frontages were architecturally undistinguished having been improved in recent years by the provision of a modern canopy and window details.  Nevertheless, it related in scale to other public buildings in the area, notably the Savoy and Memorial Hall. 

 

The Supplementary Planning Guidance on County Treasures had a particular emphasis on the locally listed entries contained within each community.  It considered criteria for the candidacy and admission of new entries onto the list and the timing of overall reviews.  With reference to the Theatre Royal it was noted that the guidance did recognise opportunity for candidacy, as circumstances warrant, between periods of review.

 

In respect of the Theatre Royal, it was considered that this was not a building which was of particular architectural quality, although it was recognised that some, limited remaining elements of historic fabric remained in evidence.  As an historic building, however, it was more notable as a centre for public assembly and entertainment and did, therefore, have some recognisable value in the historic and cultural development of the town.  For this reason, it was felt that the Theatre Royal should be included as a County Treasure under criteria 2 of the list.

 

This was a matter for Executive decision.

 

RESOLVED – T H A T the Theatre Royal be included on the County Treasures list. 

 

Reason for decision

 

The Theatre Royal, as a place of entertainment and public assembly was recognised as having a strong identity in the history and cultural development of the town.

 

 

C3475                        NATIONAL UNION OF TEACHERS – INDUSTRIAL ACTION (DLD) (SCRUTINY – LIFELONG LEARNING) –

Urgent by reason of the need to advise Cabinet of the threat of industrial action in Vale Schools

 

Cabinet received a report which advised of the measures being put into place to respond to potential industrial action by the National Union of Teachers on 24th April, 2008.

 

On 28th March, the National Union of Teachers (NUT) ballot for strike action concluded with a majority of those participating voting in favour of strike action on 24th April, 2008.

 

At this point it was not possible to predict the response to the NUT call for strike action, as any decision about whether or not to participate remained a matter for individuals.  In this regard, NUT members who did not participate in the ballot had the same choice as those who did.

 

Members of other Teaching Associations and Trade Unions which had not conducted a ballot for strike action, were not entitled to ask their members to participate in the Industrial Action.  To do so without conducting a ballot, would amount to unlawful Industrial Action and open the Trade Union to the risk of legal challenge.

 

The National Employers Organisation (NEOST) had confirmed that it would be issuing advice on the Industrial Action.  There would also be a need for local advice on issues for schools to address i.e.

 

·                   Contingency plans

·                   Communications

·                   Implications for other agencies (Catering/School Transport)

·                   Contractual conditions/pay

·                   Administrative arrangements.

 

It was recommended that the Director of Learning and Development be authorised to issue the necessary advice to schools following discussions with the National Employers and consultation with the Cabinet Member for Education and Lifelong Learning.

 

This was a matter for Executive decision.

 

RESOLVED –

 

(1)       T H A T the arrangements being put into place to respond to the threat of industrial action be noted.

 

(2)       T H A T the Director of Learning and Development be authorised to make the necessary arrangements and issue advice to schools as appropriate, following consultation with the Cabinet Members for Education and Lifelong Learning.

 

(3)       T H A T the Director of Learning and Development update Cabinet at the next meeting.

 

Reasons for decisions

 

(1)       To bring this matter to the attention of Members.

 

(2)       To enable consistent advice to be issued to schools.

 

(3)       To ensure Members are kept informed of developments.