The Strategic Director of Social Care and Education
submitted a report to update the commission on the position for
each of the nine Play Associations that manage the adventure
playgrounds across the city.
The Deputy City Mayor for Social Care, Health and
Community Safety introduced the report and noted that:
- This
report had been requested at the previous meeting to include the
specific combinations of support that had been offered.
- In
addition to this, an additional meeting was being arranged with
Ward Councillors and the play associations to look at those
playgrounds that had not yet submitted sustainability plans to see
if there were any other opportunities that could be taken
up.
- It was
stressed that the playgrounds were run by individual, independent
charities, and whilst the Council could offer information and links
the Council could not tell the organisations what they should
do. Therefore, the Council worked on
facilitation rather than direct support.
- The
Council wanted the playgrounds to succeed in the long
term.
- The
Council was in a financially dire situation. With the information available at the time of the
decision, it had looked as though the Council would be facing a
Section 114 notice within the following 12 months. In the event of a Section 114 notice, grants would
cease immediately. This would have left
the playgrounds exposed and vulnerable, and the Council wished for
the playgrounds to be successful.
The Commission was invited to ask questions and make
comments and the officers and the Deputy City Mayor for Social
Care, Health and Community Safety to
respond. Key points included:
- Regarding a query as to whether grant monies could be spent on
redundancy payments by the organisations, it was noted that whilst
the Deputy City Mayor for Social Care, Health and Community had not
been party to the legal advice to the organisations’
management committees, each organisation was independent, and their
management committees were seeking advice on
liabilities. It was further noted that
many volunteer sector organisations were set up in a way whereby
there was no personal liability, although it was unknown if this
was the case for these organisations. The Council could not pay for both
redundancy and running costs due to its financial
position. The route of open access play
only had not been followed in the spirit of supporting
staff.
- In
response to a query on the use of Capital Funding by organisations,
it was noted that four had applied for Capital Funding:
Mowmacre, What Cabin, Goldhill and New
Parks. The Council had been working
with the play associations to ensure that the correct processes
were observed, particularly with regard
to fencing that was needed.
With regard to Mowmacre and What Cabin, these were on Parks land,
and as such a local consultation needed to be conducted as this
would partly block public land for part of a school
day. In the case of Goldhill,
alternative provision had been considered as it was noted that
September was the quietest time of year and alternative provision
picked up usage throughout the year. A
certain amount of money had been agreed for Goldhill. With regard to New
Parks, the nursery position was being looked at.
- In
response to a query about extended leases and the transfer of
assets, it was explained that in terms of leases, academy land
remained as such. With regards to the
adventure playgrounds, if playgrounds produced a sustainability
plan and a business case, once the business case was evaluated the
council could issue a five year licence
to occupy, and these were free of charge in terms of use for the
site, usually there was a charge for the use of Council buildings,
but this was not the case for playgrounds. The licence was charged for, and this gave the
organisations limited liability and helped the Council to support
them. Options were explored internally
for community asset transfer and long leases, however, there had
been complicated legal issues involved.
Any lease over seven years counted under the Council’s
disposal policy under national legislation, and therefore different
rules needed to be applied. In asset
transfer, it was necessary to say that the site was being offered
for the local community and increased activity and would be open
evenings and weekends, this would leave it open to other
organisations coming in and taking over. The Council had a legal duty to follow the best
value route. For example, if Highfields
was put up for asset transfer, then theoretically another
organisation who offered increased services and offered to pay a
rent could offer to take over, and the Council would have a legal
responsibility to take the best option, and this would not
necessarily protect the adventure playground. The licence process protected the play
associations as best as possible; they had been secured in the
short term whilst keeping a longer-term option open. Additionally, with Highfields on Parks land and
Goldhill being on education land, the government would need to be
applied to for the disposal of the land.
- There
had been discussions over what people from the organisations would
like in terms of meetings, and logs had been kept of these
conversations.
- Having
security of tenure was seen as useful when applying for
philanthropic funding, and the Council had provided letters of
assurance to assist with this. Evidence
gathered from around the country showed that it was necessary to
look at change in the operating model to make it
sustainable. Where play associations
that offered open access play had changed their operating model to
increase their range of services, they had been able to get
long-term sustainability and thrive. An
example of this was Manchester Young Lives.
- The
Deputy City Mayor for Social Care, Health and Community Safety, the
Assistant City Mayor for Culture, Libraries and Community Centres
and the officers involved were thanked for the effort they had put
in to trying to get the best outcome.
AGREED:
1)
That the update be noted.
2)
That comments made by members of this commission to
be taken into account by the lead
officers.