Agenda Item No. 11

 

The Vale of Glamorgan Council

 

Cabinet Meeting: 3 September 2018

 

Report of the Cabinet Member for Learning and Culture

 

Reshaping Services - Catering Project Update

 

Purpose of the Report

  1. To provide Cabinet with an update regarding the Reshaping Services Catering Project and the intended creation of the Council's first Local Authority Trading Company ('LATC'), specifically the progress made following on from Year 1 of the business plan, including progress against the actions taken, any changes required to the underpinning assumptions and further to set out proposals relating to the governance of the company.

Recommendations

  1. That Cabinet notes the contents of this report in which an update on the Reshaping Services Catering Project is provided, which forms part of the Council's overall Reshaping Services Programme and the creation of the Council's first LATC.
  2. That a further update is brought to Cabinet in March 2019 to report on progress and readiness to trade as a LATC for the provision of Catering Services.
  3. That Cabinet refers the report to Scrutiny Committee (Learning and Culture) for its consideration.

Reasons for the Recommendations

  1. To provide Cabinet with an update on the development of proposals for the Catering Service (minute C3547 refers) and to comply with the following resolutions made by Cabinet on the 24 April 2017:
  • That the contents of the report, which addresses the issues raised during the on-going consultation relating to the Reshaping Services Catering Project, be noted.
  • That the proposals contained in the business plan (attached at Appendix C of Appendix 1 to the report) to create a LATC as outlined in the report, be approved.
  • That subject to resolution two above, the implementation plan as outlined in the report and the proposed creation of a LA in Year 3 as referred to in the business plan as set out in Appendix 1 attached to the report, be approved.
  • That subject to resolutions two and three above, delegated authority be granted to the Director of Learning & Skills, in consultation with the Leader, Cabinet Member for Regeneration & Education and Managing Director to:

-  Undertake the necessary consultation and engagement activity as described in the report;

-  Respond as appropriate to any points raised as part of the engagement and consultation process;

-  Report back to Cabinet any material changes to the proposals resulting from the consultation process; and

-  Progress the implementation of the proposals following conclusion of all necessaryconsultation and engagement activity.

  • That Cabinet receive a further report detailing the progress made following implementation of the first year of the business plan, including progress made against the actions taken; and to take account of any changes required to the underpinning assumptions made as implementation progresses and further the setting out of proposals related to the governance arrangements of the proposed company.
  1. To ensure that Cabinet is satisfied that all necessary work has been undertaken to allow the LATC to begin trading for the provision of Catering Services.
  2. Scrutiny Committee (Learning and Culture) has requested an update on progress.

Background

  1. The Catering Service was identified as a Tranche 1 project as part of the Council's Reshaping Services Programme with total required savings of £347,000. All savings were achieved in October 2015 through cost-saving measures and the principle aim of the project then changed to focus on the sustainability of services for the future, in light of reduced budgets.
  2. Three key objectives were set in respect of the following:
  • To identify and implement the most suitable service delivery model for the Catering Service
  • To create an efficient service that is able to adapt to future financial challenges
  • To capture opportunities to increase uptake and promote healthy school meals
  1. In April 2017, Cabinet approved the business plan which was based upon the proposed creation of a LATC for the delivery of Catering Services. This model was deemed to be the most sustainable, following a robust options appraisal which evaluated a range of options for the future of the Catering Service to meet the above objectives. The Cabinet Report containing the business plans and options appraisal, is attached as Appendix 1 to this report for reference.
  2. It was recommended that the proposals be subject to scrutiny by the Learning and Culture Scrutiny Committee and Corporate Performance and Resources Scrutiny Committee respectively. Following unanimous support from the respective Committees, it was subsequently resolved by Cabinet that a LATC should be created from April 2019.
  3. The main rationale for this decision was to give:
  • Legal separation from the Council which reinforces changes to the way the service is run.
  • Potential to reduce costs and increase the commercial nature of the business.
  • Increased ownership of the service by key stakeholders.
  • Transformation of the service and sense of ownership amongst staff.
  • Invoke significant culture change amongst staff in delivering the new service.
  • Flexibility in procurement including access to Teckal exemptions (A Teckal exemption allows Local Authority Trading Companies to undertake 20% trading with third parties based on three years' turnover, with the other 80% of trading remaining for its public sector owner).
  • Sponsorship and income generating opportunities.
  • Ability to bid for service specific funding streams.
  • Opportunity to invest external trading surpluses into schools.
  1. It was also resolved by Cabinet that a further report be brought to Cabinet in 2018 to provide an update regarding the progress made following on from Year 1 of the business plan.
  2. This report updates Cabinet on the Catering project, including progress made against the actions taken, any changes required to the underpinning assumptions and outlines proposals relating to governance of the company and next steps.

Relevant Issues and Options

  1. A number of activities have taken place since April 2017 in line with the business plan and associated Short Term Strategy, which outlines the Council's aspirations for the first two years ('the transition phase').  An update on these activities is outlined below.
  2. The Short Term Strategy outlined in the business plan for the development of the LATC aims to:
  • Facilitate cultural change and staff 'buy-in' across both the service and wider Council;
  • Establish a new brand and identity across the service;
  • Implement opportunities to increase meal uptake;
  • To establish a shared understanding of commercialisation as it relates to the aims of the LATC by developing a bespoke training plan and supporting staff through the transition;
  • Further develop commercial business plans to be implemented in the next phase as outlined in the business plan.
  1. In order to facilitate cultural change and staff 'buy-in' ahead of April 2019, a number of communication, engagement and training activities for Catering staff have taken place and further sessions are planned. Eight staff engagement sessions have taken place between August 2016 and July 2018, which were workshop based and included presentations which provided updates on project progress, activities for staff to contribute to the further development of the business plan and 'Q&A' sessions to elicit feedback and concerns from staff.  Each session was well received and staff were positive about the planned changes for the service, subject to their terms and conditions remaining in place.  The opportunities for professional development and variety of duties presented to staff under the LATC model were well received and staff are keen on further engagement as plans develop to define the operational aspects of these opportunities, and how they could be facilitated.
  2. A Catering Staff Reference Group has been created comprising representatives from the service who receive bi-monthly project updates and the opportunity to 'feed-back' any concerns from Catering staff.
  3. The outputs from both groups and sessions held have been recorded, considered, addressed, and utilised to inform future engagement and communication activities.
  4. A Customer Care course has been developed and began to be 'rolled out' during July 2018 to all Catering staff ahead of the LATC being created. This course aims to put customer focus at the forefront of employee's minds and to ensure staff are engaged in the changing nature of the service to be provided in accordance with the intended contractual relationship between the school and the LATC.
  5. A Training Provider has been identified to explore options for the enrolment of staff onto a Commercial Awareness course ahead of the creation of the LATC and the team will work with the provider to ensure that any training delivered is relevant.
  6. The staff engagement sessions included activities to explore the creation of a new brand and identity across the service. The outputs recorded will be used to inform future sessions and further development of the company's brand during the later part this year.
  7. Headteachers have been engaged from the outset and continue to receive updates through regular cluster meetings on project progress. Headteachers continue to indicate that value for money is their main priority for the future delivery of the service.
  8. As set out in the business plan, it is proposed that the LATC will operate with a "co-operative ethos". It is envisaged that the company's 'customers' will be involved in decision making with the proposal that there will be Headteacher representation on the Board of Directors.
  9. A stakeholder group comprising members of the Project Team and Primary School Headteachers from all three areas of the Vale of Glamorgan, met in June 2018 to discuss project progress and to discuss a draft service catalogue produced to outline services to be offered by the LATC. The Headteachers appeared positive about the plans for the service and the more they learned about the proposals of the company the more interested they became.  It is proposed that this stakeholder group will continue to meet on a quarterly basis and further updates will feature within cluster meetings.
  10. Engagement with relevant Trade Unions will continue to ensure that they are well equipped to support their members during the transition to the new model. A firm commitment has been made in this regard with no plans to deviate from this.
  11. Alongside the engagement activities that have taken place, the catering team have been exploring ways to increase meal uptake in schools, including the introduction of 'theme days' for the provision of school meals, 'bespoke' menu options for a number of the Council's schools, lunch events for parents and  ongoing communication with Headteachers. Initial results have demonstrated an increase in uptake.
  12. As alluded to above, work has started on branding and marketing which has commenced at a local level. The intention is to focus on establishing a brand identity, vision and values starting with the project team defining a list of options and then engaging with key stakeholders to ensure any decisions made are robust and take into consideration a range of opinions and expertise. A key output of this exercise will be the development of marketing collateral to develop and increase brand awareness as the LATC develops.
  13. The Council has created an Income Generation and Commercial Opportunities Strategy, which aims to support the delivery of Strong Communities with a Bright Future through the development and implementation of a range of income generation and commercial opportunities, which will complement other sources of funding. The strategy forms part of the Council's Reshaping Services Programme. There is a Programme Board which meets on a monthly basis to consider and prioritise commercial opportunities across the authority of which the Catering Project forms part of the programme of work. It should be noted that one of the objectives of the LATC is that all profits will be reinvested to develop the company and the schools that use the service, rather than generating income for the Council. As the Council intends to establish the LATC as a "Teckal" company, in accordance with the requirements of the Public Contracts Regulations 2015 ('PCR15') this will enable the Council to enter into public contracts directly with the LATC, without the need for prior procurement under the PCR15.  It is intended that the company will become self-sufficient by trading up to the Teckal value with the external market.
  14. Work is underway to determine how the LATC will engage with the Council and to review how the client/contractor relationship will work both on a Council wide level and with individual service areas. During the next phase of implementation, an assessment will be made as to how ready the Council is to provide services externally. This will be considered in the context of the intention included in the business plan for the LATC to use Council services for the first three years of trading.
  15. As part of the above piece of work, central recharges will be considered and discussions take place around whether these charges should apply to a Council company providing a statutory provision on behalf of the Local Authority and if so, how these charges compare to external options and any internal implications which may arise as a result of any possible changes to arrangements. 
  16. During June 2018, an external gateway review of the Catering Project was undertaken by a company called CCo (who are part of CIPFA). The review approach was to conduct an initial 'desktop' review of project documentation and to discuss key elements of the project during an on-site period. The assessment was undertaken using an established, evidence-based model for local government 'spin outs' that considers implications and responsibilities for governance, Human Resources; ICT; Legal; Finance; together with arrangements for the buyback of Council services.
  17. The key findings of the review were that the project is still deliverable but will require a structured project plan with clear priorities and accountability for the delivery of actions, the clear commitment of the wider organisation to the project's priority status, the designation and freeing up of appropriate resource to support the delivery of the project and the recognition and remediation of the Council's commercial knowledge and skills gaps.
  18. The recommendations from the CCo review are a focus for the project team going forward and have been incorporated into the implementation plan to ensure they remain a priority.
  19. As mentioned previously, the project is being governed by the Project Sponsor acting as a liaison between the Project Team and the Income Generation and Commercial Opportunities Programme Board who meet on a monthly basis. The Income Generation and Commercial Opportunities Programme Board is a programme of work, which forms part of the Council's Reshaping Services Programme. It is intended that as the project progresses this continues as the formal mechanism for reporting project progress, as it ensures all key stakeholders are represented and updated.
  20. Governance arrangements for the LATC are currently being considered as part of the project. Initial proposals are that the Board of Directors for the company will constitute seven members including an Independent Chair, a Primary School representative, a Secondary School representative, one Officer, one Member, the Managing Director of the LATC and an Industry Expert, as it has been recognised that there is a need for expert advice in regard to external trading.
  21. A full equality impact assessment ('EIA') has been undertaken which has had due regard to the protected characteristics shared within schools for both staff and pupils. This document is attached as Appendix 2. It concluded  that the creation of a LATC will have a neutral impact on the protected characteristics shared within the service which will continue to comply with Section 512 of the Education Act 1996 (LEA functions concerning the provision of school meals).  Any changes to this function will be reported in a timely manner to Cabinet.

Resource Implications (Financial and Employment)

Human Resources and Employment Implications:

  1. Members will be aware that there are important Human Resource and Employment related implications associated with the implementation of the LATC. The process requires the continuation of a clear communication and engagement strategy with staff and respective Trade Unions throughout the implementation period.
  2. It is the intention of the Council that the LATC will ensure on-going recognition of the recognised Trade Unions and discussions will continue to ensure support to their members during the transition to the new model.
  3. The EIA, found at Appendix 2 makes reference to the current staffing profile and to the TUPE implications associated with the creation of the LATC. The EIA identifies that the proposals will have a neutral impact upon staff as their contractual terms and conditions will remain the same.
  4. The business plan was drafted on the basis that the existing number of staff at all levels within the Catering service are retained. No changes are proposed to the number, grade or the nature of the duties required of staff at the current time. As such, no redundancy costs have been considered as part of the business plan.
  5. The impact of the National Living Wage and associated National Pay Awards during 2017/18 and 2018/19  have been considered as part of  the calculation of salary costs, with forecast uplifts in this rate across the five years of the business plan. Uplifts have further increased since the development of the original business plan as a result of an increase in the National Living Wage and projected 2019/20 National Pay Award and the impact of this upon the Financial Appraisal has yet to be determined as the scale of the increases is currently unknown. The implications from any increases and any mitigating factors which may need to be considered will be reflected in the business case as details become available.
  6. The Council have undertaken a process to engage a Commercial Development Officer by undertaking a recruitment exercise to employ someone with the necessary skills to drive forward commercial activities within the Catering service. Unfortunately the recruitment exercise was not successful (which may be due to the temporary nature of the post and/or salary level). Council officers are currently reviewing options to determine how to provide this resource to the Catering project and other services, including the potential to recruit a corporate resource for this activity as part of the Income Generation and Commercial Opportunities Strategy.
  7. A proposed timeline for the change in the service process has been designed based upon a go live date for the LATC of 01 April 2019 and reflects the complexities outlined in the business plan. This was formulated by Human Resources and Legal officers. The timeline aims to ensure the continuing engagement of staff and Trade Unions and ensures all statutory consultation requirements are met. 
  8. A summary of the timeline for the project is as set out below and sets out key tasks (which may be subject to change as the project progresses).

Key HR Activities

Description

Time-scale

On-going communication and engagement

Engagement and communication with staff and the trade unions.

Current - March 2019

Pension Transfer

Company would be required to apply for admitted body status to the LGPS

January 2019 - March 2019

Formal consultation in relation to a TUPE transfer

To meet statutory requirements.

To be undertaken by the transferring council and the company.

To include any "measures" that will be undertaken post transfer (i.e. any proposals regarding the staffing that the company is considering as required by the legislation).

January 2019 - March 2019

Management of TUPE transfer exercise.

Final scoping of transferring staff.

Exchange of information.

Completion of "due diligence".

March - April

2019

Potential Transfer Date.

Formal transfer of remaining staff to new company employer.

April 2019

 

Financial Implications:

36.      The table below shows the current operating model for the Catering Service and compares the 17/18 forecast from the original business plan to the 17/18 outturn.

 

 

2017/18 Forecast

2017/18 Actual

EXPENDITURE

   

Staff

£1,886,946

£1,935,527

Premises

£103,333

£80,053

Transport

£19,755

£18,938

Supplies and Services

£1,319,864

£1,442,747

Profit share to Secondary Schools

 

£49,215

Central Recharges

£167,618

£150,735

Asset Rent

 

£42,118

TOTAL EXPENDITURE

£3,497,516

£3,719,333

INCOME

   

Free School Meals

(£1,045,228)

(£896,259)

School Meal Income

(£2,249,269)

(£2,290,172)

Client charges to Secondary Schools

 

(£63,367)

Miscellaneous Income

(£122,984)

(£123,690)

Special school residential/respite recharge

(£22,116)

(£65,983)

Vending Income

 

(£41,368)

Traded Income

(£3,865)

(£3,582)

TOTAL INCOME

(£3,443,462)

(£3,484,421)

PRE TAX (SURPLUS)/DEFICIT

£54,054

£243,912

Corporation Tax

£0

£0

NET (SURPLUS)/DEFICT

£54,054

£243,912

  1. The 2017/18 expenditure forecast illustrated in the above table is based on the figures presented in the original business plan.  The actual 2017/18 expenditure outturn is different for a number of reasons:
  • The staffing costs were higher than projected by 3% due to the pay award being higher than anticipated for Kitchen Assistants and staffing costs relating to the now discontinued vending function being omitted from the original projection.
  • The premises costs were 23% lower than forecasted primarily due to refuse, recycling, repairs and maintenance costing being less than anticipated.
  • The supplies and services expenditure was £123k or 9% higher than projected for a number of reasons.  The main reason for this variance was an additional £96k spent on gas safety testing and remedial works to ensure legislative compliance which was budgeted at £100k in the original business plan. A budget for gas safety testing will be included in the business case. The actual expenditure includes costs associated with the now discontinued vending and function provisions which were not factored into the original forecast. 
  • The changes to the secondary school method of delegation for catering did not take place in April 2017 as planned.  The catering service therefore maintained the previously agreed profit share model and allocated £49k to secondary schools. 
  • Central recharges were £15k lower than projected due to the savings on corporate resources.
  • The asset rental of £42k was not factored into the original forecast.
  1. The 2017/18 income forecast illustrated in the above table is based on the figures presented in the original business plan.  The actual 2017/18 income outturn is different for a number of reasons:
  • The drop in forecasted income related to free school meals relates to the delay in the secondary method of delegation, which did not take place in April 2017 as planned.  In addition there was also a decrease in the number of free school meal entitlements across all sectors. This resulted in an adverse variance on free school meal income.
  • The £63k relating to client charges to secondary schools is an anomaly as it relates to the secondary delegation that did not happen and the comprehensive schools were recharged for their client costs e.g. repairs, purchase of equipment. This will not happen again due to the way that the charging process had changed for 2018/19 and future.
  • The catering service receives a recharge from the education department to provide an out of hours service at Ysgol Y Deri for the residential and respite provision.  The nature of this provision has now changed and the service no longer requires the same level of out of school hours catering provision.  It was anticipated in the business plan that this change would take place for the 17/18 financial year however this change was delayed until April 2018.  As a result the catering service received £44k more income than forecast in the 17/18 financial year.  From April 2018, this income will reduce to £15k per financial year.
  • Vending income of £41k was not factored into the original forecast
  1. The above table illustrates that the overall 2017/18 deficit is £189k more than anticipated for the reasons above. The main reason for this variance is the delay in the changes to the secondary delegation which were implemented a year later in April 2018.
  2. With the above table being a summary of the current operating model for the catering service, it should be noted that it does not include any forecasting for external trading, which is one of the main drivers for setting up the LATC. The business plan outlined in Appendix 1 illustrates that the LATC will seek to trade up to 20% of its total turnover (up to £800k) to generate income, using the Teckal exemption, which allows a company to continue providing services to the Council, without being subject to procurement regulations.
  3. In times of austerity and given the fact that the Vale of Glamorgan Council is the lowest funded Council in Wales, opportunities for sustainable income enabling delivery of services are being considered. As Catering Services are currently being run, trading with the public is not an option and so is reliant on funding from the Council.  This is an ongoing cost-pressure within reducing budgets.
  4. As the company increases its meal numbers through the marketing strategy the value of the 20% Teckal will also increase. Currently 20% of the school meals income is c.£800k, but as this income increases by marketing the service, additional opportunities for increasing trading will also be seen.
  5. The figures outlined in the business plan in Appendix 1 do not take into consideration any of the variances described above that were experienced during the 2017/18 Financial Year. This will have an impact on the business plan projections, but is unclear as to what level these will be impacted due to a number of work packages that are also ongoing as part of the next phase of the project. The outcomes of these work packages will result in changes to the Financial Appraisal for the company.
  6. A table of the key work packages being undertaken over the next phase can be found below.

Work Packages

Description

Time-scale

Rent

Review how rent and accommodation is handled as the LATC is established. 

How the contract between the LATC and the Council is set up for the rental of kitchen space outside of core school service delivery, and any associated state aid implications.

Current - October 2018

Assets

A review of the relationship between the council owned school assets in kitchens, the LATC and schools, with regards to maintenance, asset renewal and accountability.

Current - October 2018

Central Recharges

A review of central recharges is planned as part of Tranche 4 of the Reshaping Services programme, seeking to review the value of the offer available to services, both internal and external, alongside the cost and relevance of the charges currently in place and any implications of any implications of any proposed changes for the Council.

Current - March 2019

External Trading Opportunities

Consideration of options to provide commercial development resource to the project to capitalise external trading opportunities and maximise income, and drive commercial activity under the Income Generation and Commercial Opportunities Strategy.

Current - April

2019

Core Business Development

Continue to develop further opportunities with existing schools around bespoke menus and promotional activity to increase meal uptake.

Current - March 2019 (and onwards)

ICT Systems

Consider the ICT system requirements for the company, including accounting, stock management and cashless catering.

Current - March 2019

  1. It is inevitable that the Council will need to supplement the company with funding in the first few years of trading and this has been reflected in the initial business plan agreed by Cabinet. It should be noted that the investment required from the Council would not be over and above the current budget apportioned to the Catering Service. The LATC will also be supported by traded income and as mentioned previously a review of existing charges will take place in the next phase of implementation as part of the work packages described above to ensure the company is as efficient as possible.
  2. To ensure compliance with state aid criteria, the amount of the aid intended to be provided is less than the "de minimis" threshold of no more than 200,000 euros, circa £176K of aid provided in any three year period.
  3. As part of recommendation 2 of this report, an updated financial plan will be included in the business case to reflect the impact of the variables above.

Sustainability and Climate Change Implications

  1. This report is consistent with the Council's duty under the Well-being of Future Generations (Wales) Act (2015) which places a duty on the Council to exercise the sustainable development principle. In doing so, the Council is required to consider five things or ways of working to demonstrate that it is applying the principle. These ways include looking to the longer term when making decisions. This project is concentrated on the long-term viability of the service and the proposed model has been developed based on long-term sustainability. The development of the project has also demonstrated the involvement of staff, trade unions and headteachers. There is the potential for future collaboration on this service and there have been discussions with other local authorities regarding the potential for future collaboration in this area.

Legal Implications (to Include Human Rights Implications)

  1. During the next eight months, the Project Team will focus on the Legal requirements for the creation of a LATC.
  2. The one year period since the Cabinet's resolution in April 2017 has enabled the service to focus on increasing school meal uptake, establishing, at a local level, the development of commercial opportunities around branding and marketing, as outlined elsewhere in this report, and completing all preparatory work for the creation of the LATC prior to its incorporation in Year 3. To ensure transparency and competitiveness in line with the private sector and to ensure compliance with state aid rules, should these be applicable, the LATC, when created, should not be subsidised by the Council, which means that the Council should ensure that any contract opportunities are provided to the LATC at market rates.  In relation to the kitchen equipment and premises this will involve ensuring that the LATC receives no more than a market operator would receive for carrying out the contract, or pays no less than a market operator would be required to pay in exchange for the opportunity.
  3. The following table outlines the key tasks that are required to set up an LATC from a legal perspective:

Task

Description

Timescale

Incorporating the LATC - Governance Documents and Incorporation

The LATC will be incorporated with VOG as the sole shareholder and with bespoke Articles of Association (as below) that will reflect the requirements for the LATC's planned governance structure

October 2018

Articles of Association/Memorandum

Drafting bespoke Articles of Association for the LATC to be adopted on incorporation to ensure that they reflect the requirements for the LATC's planned governance structure including reserved matters. To also include, among others, provisions relating to the role and responsibility of directors; board meeting requirements; shareholder meetings and decisions; the rights to be attached to the shares held by VOG; exit strategy; and dividends.

Checking the Council's ability to use the chosen name for the LATC.

October 2018

Drafting the Transfer Deed/Agreement

Drafting an asset transfer agreement/deed, to deal with the commercial terms relating to the transfer of any assets/property/employees from VOG to the LATC (including advice in relation to the implications for the VOG employees on transfer including pension considerations, and advice relating to contract terms.

October 2018

Service Agreement/Contract between the VOG and the LATC

Drafting a service agreement/contract  between VOG and LATC relate to the provision of catering services, to ensure the LATC will fulfil VOG's statutory responsibilities relating to such services.

October 2018

Drafting letters of appointment for Directors

To be made up of 1 Independent Chair, 1 LA Councillor, 1 LA Officer (L&S), 1 Primary HT, 1 Secondary HT, 1 MD, 1 Industry expert.

January 2019

Drafting Non-Executive Director Letters of Appointment

If required.

January 2019

Drafting Director Service Agreements

If required

January 2019

Drafting ancillaries relating to the transaction

Drafting other ancillary documents required to document the commercial terms of the transfer of the in-house service to the LATC which could if necessary include the production of premises lease/licence and/or the novation of any existing supplier agreements.  Drafting of agreements relating to the operating model of the LATC including supplier service contracts.  Advice/drafting of any agreement relating to the LATC accessing as an independent organisation existing Council contracts for support or other ancillary services

January 2019

Dealing with all Companies House filings

Completion and filing of all appropriate Companies House forms

March 2019

Crime and Disorder Implications

  1. There are no specific crime and disorder implications associated with this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Council has to satisfy its public sector duties under the Equalities Act 2010, including specific Welsh public sector duties. Pursuant to these legal duties Councils must in making decisions having due regard to the need to (1) eliminate unlawful discrimination, (2) advance equality of opportunity and (3) foster good relations on the basis of protected characteristics. Protected characteristics include:
  • Age
  • Gender reassignment
  • Sex
  • Race - including ethic or national origin, colour or nationality
  • Disability
  • Sexual orientation
  • Religion or belief - including lack of belief
  • Pregnancy and maternity.
  1. An equality impact assessment may have four possible outcomes, though more than one may apply to a single policy. These include:
  • No major change - the impact assessment demonstrated that the policy was robust; there was no potential for discrimination or adverse impact. All opportunities to promote equality have been taken.
  • Adjust the policy - the impact assessment identified potential problems or missed opportunities. The policy was adjusted to remove barriers or better promote equality.
  • Continue the policy - the impact assessment identified the potential for adverse impact or missed opportunities to promote equality. The justification(s) for continuing with it have been clearly set out. (The justification must be included in the impact assessment and must be in line with the duty to have due regard. Compelling reasons will be needed for the most important relevant policies.)
  • Stop and remove the policy - the impact assessment identified actual or potential unlawful discrimination. The policy was stopped and removed, or changed.
  1. A full Equalities Impact Assessment has been completed and is appended to this report as Appendix 2 considering the implications of implementing the LATC. As highlighted throughout this report, this proposal is considered to have a neutral impact on protected characteristics. Any changes will be reported to members in a timely manner.

Corporate/Service Objectives

  1. This project forms part of the Reshaping Services transformational change programme and as such contributes to the Council's Corporate Plan 2016-2020.
  2. The catering service makes an important contribution to the Council's Well-being Outcomes, in particular in an Aspirational and Culturally Vibrant Vale and an Active and Healthy Vale.
  3. This project will contribute to the following internal/external plans, policies and strategies:
  • Corporate Plan 2016-20
  • The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013
  • Food Information for Consumers Regulations (EU FIC)
  • School Standards & Organisation (Wales) Act 2013

Policy Framework and Budget

  1. This is a matter for Executive decision by the Cabinet.

Consultation (including Ward Member Consultation)

  1. The project team will maintain a regular consultation and communication process as part of the implementation of the LATC with both staff and Trade Unions.

Relevant Scrutiny Committee

  1. Learning and Culture.

Background Papers

None.

Contact Officer

Carole Tyley, Catering Manager

Officers Consulted

Managing Director

Head of Finance

Head of Human Resources

Head of Strategy, Community Learning and Resources

Monitoring Officer/Head of Legal and Democratic Services

Operational Manager, Human Resources

Operational Manager, Legal Services

Operational Manager, Accountancy

Operational Manager, Performance & Policy

Finance Manager, Learning and Skills

Senior Lawyer (Employment)

HR Officer

Equalities Officer

Responsible Officer:

Paula Ham, Director of Learning and Skills