Agenda and minutes

The Cabinet stood for a minutes silence in tribute to the late Councillor Mrs Jean Middleton.

The Cabinet is asked to note the membership as detailed on the front of the agenda.

The Chair welcomed both Councillors Gill and Ramsdale who were new members of the Cabinet.

RESOLVED:

that the membership of the Cabinet be noted.

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

There were no delcarations.

The Cabinet is asked to approve the following dates of meetings for 2004/2005.

All meetings are to commence at 5pm.

RESOLVED:

that the dates of meetings for the forthcoming year be approved:-

All meetings to commence at 5pm.

Leicester Mercury Debt Campaign

Councillor Blackmore welcomed and gave his support to the Leicester Mercury debt campaign which sought to raise awareness of the growing problem of indebtedness. He expressed particular concerns about the problem of door to door money lenders who operated in the city charging very high rates of interest.

Architecture Week

Councillor Blackmore noted it was architecture week and commented that there were a number of events happening as part of this. He also noted that the recently completed Sparkenhoe Community Theatre, by Ash Sakula Architects was being considered for a regional RIBA award. He congratulated all of those involved in making the theatre a success.

The minutes of the meeting held on 17 May 2004, have been circulated to Members. There is a reference in Minute 291 to the Education and Lifelong Learning Scrutiny Committee Minutes of 28 April 2004. This date should read 12 May 2004. Subject to this amendment, the Cabinet is asked to approve the minutes as a correct record.

RESOLVED:

that the minutes of the meeting of Cabinet held on 17 May 2004, having been circulated to Members, be taken as read and signed by the Chair as a correct record, subject to minute 291 being amended to read in the second paragraph that the date of the meeting of the Education and Lifelong Learning Scrutiny Committee was 12 May 2004.

Employees (Retirements) Committee – 26 May 2004

Requests for Early Retirement: Education and Lifelong Learning Department

A full minute extract is attached at Appendix A1. An officer response report will be circulated as soon as it is available.

RESOLVED:

that Cabinet be requested to:

(1)look at the Council’s Premature Retirement policy;

(2)seek options on the decision making cycle with regard to early retirements in schools.

Councillor Coley to respond.

Employees (Retirements) Committee – 26 May 2004

Requests for Early Retirement: Education and Lifelong Learning Department

The Committee resolved the following at the above meeting:-

-           that Cabinet be requested to;

            i)             look at the Council’s Premature Retirement policy

ii)         seek options on the decision making cycle with regard to early retirements in schools

Councillor Coley noted that Committee Members had concerns at the level of compensation that was being paid out to teachers who were retiring early. He also noted concerns raised at the Employees Consultative Forum about staff leaving on early retirement only to return shortly after as consultants. He did however report that the Audit Commission had supported the Council’s policies, but in view of the concerns raised he felt it would be useful for Members to review the issues raised at the Cabinet Sub-Group which had already been considering issues in this area, but was currently in abeyance.

RESOLVED:

that the Cabinet Sub-Group be reconvened, under the Chair of Councillor Metcalfe and that the Working Group be asked to consider the latest issues raised by the Employees (Retirements) Committee as part of its ongoing work and include them in a future report to Cabinet.

Councillor Coley submits a report that presents an operational framework for the establishment of Area Committees in Leicester and a guidance document to support Councillors in their role as members of Area Committees. The Cabinet is asked to make a number of recommendations to Council for the implementation of Area Committees.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 28 April 2004 is attached to the report.

Councillor Blackmore submitted a report that presented an operational framework for the establishment of Area Committees in Leicester and a guidance document to support Councillors in their role as members of Area Committees.

Councillor Blackmore commented that the Cabinet had listened to a range of views and these informed the decision on the boundaries for the Area Committees. He also commented that there was opportunity for further discussion before this report was considered by Council to give further consideration to where the initial area committees would be held.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 28 April 2004 was attached to the report.

RESOLVED:

that the following be recommended to Council for approval:-

(1)the Terms of Reference for Area Committees and their incorporation into the Council’s Constitution; 

(2)the Rules of Procedure for Area Committees and their incorporation into the Council’s Constitution;

(3)the final boundaries for Area Committees and the city centre, be as shown at Appendix B, Map A of the report; 

(4)that there be a phased introduction of Area Committees;

(5)that the criteria for selecting initial areas for Area Committees, as detailed in the report be agreed;

(6)that on the basis of the agreed criteria the first areas in which Area Committees operate be:-

Area 2 – Humberstone, Hamilton & Thurncourt

Area 6 – Aylestone, Eyres Monsell & Freemen

(7)that Area Committees do not have delegated decision making powers in the first instance, pending the review of the initial areas;

(8)that the suggested minimum standards for community engagement (public involvement in Area Committees and consultation by Area Committees), be approved;

(9)that ‘promoting community cohesion’ be an eighth role for Area Committees; and

(10)that the detailed operational guidance; ‘Toolkit for Area Committees’, be endorsed.

The Chief Executive submits a report that provides a periodical review of past achievement and that gives an opportunity to recognise and thank Members and staff for their significant contribution to the success of the Council and City; acknowledges certain threats and dangers that need to be understood if the Council and its substantial resources are to be best placed to overcome the difficulties that all large enterprises must face; seeks political guidance on the key cross-service priorities for delivery in the coming year and beyond to give a focus for corporate effort and collaboration to drive forward the large and complex agenda encapsulated in the corporate plan. The Cabinet is asked to acknowledge the Council’s achievements over the past year, give guidance on the proposed key service priorities for delivery in the coming year to ensure the Council’s corporate energy and plans fully reflect political priorities and to give guidance on the priorities for improving organisational effectiveness.

Councillor Blackmore submitted a report that provided a periodical review of past achievement and gave an opportunity to recognise and thank Members and staff for their significant contribution to the success of the Council and City. The report acknowledged certain threats and dangers that needed to be understood if the Council and its substantial resources were to be best placed to overcome the difficulties that all large enterprises must face. The report also sought political guidance on the key cross-service priorities for delivery in the coming year and beyond to give a focus for corporate effort and collaboration to drive forward the large and complex agenda encapsulated in the corporate plan.

The Chief Executive outlined for the Cabinet, the key points of the report. He commented that its focus was on the fundamental aim of the new Corporate Plan, which was to make Leicester more attractive. He outlined a number of achievements of the past year and the challenges ahead faced by the Council. He underlined the three key priorities of making Leicester more attractive to children, diverse communities and to investors. He saw more effective performance management as the key to providing more consistency to the level of service that was provided by the Council and would be bringing a report to Cabinet which looked at ways of making more services ‘excellent’.

The Chief Executive further indicated that, he would be seeking Members views in three areas. These were; ways in which poor performance could be tackled; issues of consistency, where performance was weak and guidance as to whether Members felt the priorities of the Audit Commission were all appropriate to Leicester.

RESOLVED:

(1)that the Council’s achievements over the past year, be acknowledged;

(2) that the proposed key service priorities for delivery in the coming year, and the priorities for improving organisational effectiveness be endorsed;

(3)that the Chief Executive be asked to prepare a report on improving performance management throughout the authority.

Councillor Gill submits a report providing an update on the continuing work to address the areas for improvement within the Social Services Inspectorate evaluation of the City Council’s self audit following the inquiry Report. The Cabinet is asked to note the action / progress following the completion of the Climbie self audit and the information now available on comparative findings; to note the continuing the continuing responsibility on all Departments to maintain a clear focus on ensuring that safeguarding children is embedded in policies and accountabilities within all departments of the Council and that it is recommended in the strongest terms that awareness training on child protection be made compulsory to all Members.

The relevant minutes extract from the Social Services and Personal Health Scrutiny Committee held on 28 April 2004 are attached to the report.

Councillor Gill submitted a report providing an update on the continuing work to address the areas for improvement within the Social Services Inspectorate evaluation of the City Council’s self audit following the inquiry Report.

The relevant minute extract from the Social Services and Personal Health Scrutiny Committee held on 28 April 2004 was attached to the report. Councillor Gill noted the Committee’s recommendation to make awareness training on child protection compulsory to all Members. He commented that although it would be unworkable to make such training compulsory he recognised its importance. The Chair sought a legal view on the matter and was informed that the Council was only able to make training in an area compulsory where it was required to carry out a specific role.

RESOLVED:

(1) that the action/progress following the completion of the Climbie self audit and the information now available on comparative findings be noted;

(2) that the continuing responsibility on all Departments to maintain a clear focus on ensuring that safeguarding children is embedded in policies and accountabilities within all departments of the council be noted; and

(3) that it be recommended to all Members in the strongest terms that awareness training on child protection be taken up by all Members.

Councillor Metcalfe submits a report which considers a new and more equitable way of funding Tenant and Tenant and Resident Associations in the City in accordance with the commitment given by the Cabinet Link Member for Housing, to Council in January 2004. The report also recommends a service level agreement of Tenant and Tenant and Resident Associations as part of the contract for receiving funding from the Council. The Cabinet is asked to approve a number of recommendations with regard to moving to a new way of funding Tenant and Tenant and Resident Associations.

Councillor Metcalfe submitted a report which considered a new and more equitable way of funding Tenant and Tenant and Resident Associations in the city in accordance with the commitment given by the Cabinet Link Member for Housing to Council in January 2004.  The report also recommended a service level agreement of tenant and Tenant and Resident Associations as part of the contract for receiving funding from the Council.

Councillor Metcalfe commented that the proposals in the report should not mean any Tenants Associations or Tenants and Residents Associations facing closure.

An addendum was circulated which outlined views from tenants and contained a new proposed service level agreement. Councillor Metcalfe noted that the tenants were opposed to the proposed two tier system for different Associations. As a result he was now proposing a one tier system to be put in place with a new set of service level agreements. He also noted that tenants had concerns over the restrictions on the resources to provide for accommodation and he was therefore proposing that Associations would be allowed up to 400 square foot in size and up to £4000 in cost. He also noted that the tenants requested that paragraph 6.1 be removed. This paragraph referred to the use of Council funds subsidising other activities by the Associations. He acknowledged there were difficulties in this area but on balance felt the paragraph should remain. He also noted there was a minor change to Point 29 on page 24 of the Service Level Agreement. He commented further that Tenants Association were mostly happy with the new arrangements.

RESOLVED:

that the Cabinet endorse the full report and proposals and after discussion with the Housing Scrutiny Committee and the Tenants Movement and the Housing Management Board, delegate to the Corporate Director of Housing in Consultation with the Cabinet Link Member for Housing the authority to determine how to proceed on the outstanding matters.

Councillor Mugglestone submits a report which reviews project management arrangements for the Performing Arts and Convention Centre during its construction period along with new proposals for the project management of the city centre. The new arrangements are intended to link up major developments in the city centre and ensure joined up management and overview. The Cabinet is asked to note the proposals for project management of the city centre, agree the wider brief for the current Cultural Quarter Cabinet Sub-Group, and the change of name for that group to City Centre Cabinet Sub Group, consider the membership for City Centre Cabinet Sub Group and agree to the formation of a Performing Arts and Convention Centre Policy Group and consider its membership.

Councillor Scuplak submitted a report which reviewed project management arrangements for the Performing Arts and Convention Centre during its construction period along with new proposals for the project management of the City Centre. The new arrangements were intended to link up major developments in the City Centre and ensure joined up management and overview.

RESOLVED:

(1)that the proposals for project management of the city centre, be noted;

(2)that the wider brief for the current Cultural Quarter Cabinet Sub-Group, and the change of name for that group to City Centre Cabinet Sub Group, be approved;

(3)that the membership of the City Centre Cabinet Sub-Group be Councillors R. Blackmore, Coley, Mugglestone, Scuplak and that Councillors Sandringham and Farmer also be invited to attend;

(4)that the Performing Arts and Convention Centre Policy Group be formed and the Membership be Councillor R. Blackmore and one representative from each of the political parties, the Conservative nomination to be Councillor Mugglestone and the other nominations to be provided by the group whips.

Councillor Coley submits a report which reports on the 2004 – 2005 Best Value Performance Plan. The Council is required by Law to publish information every year on its annual performance in delivering services to Leicester residents and businesses. The Cabinet is asked to recommend to Council to approve the Best Value Performance Plan for 2004/05 and recommend that publication is done electronically.

The WORKING DRAFT (which is subject to further amendment) of the Best Value Performance Plan for 2004/05 is attached for members of the Cabinet only. Copies of this Document can be obtained either from the Council’s website at www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coley submitted a report which reported on the 2004-2005 Best Value Performance Plan. The Council was required by law to publish information every year on its annual performance in delivering services to Leicester residents and businesses.

Members of the Cabinet enquired about the performance figures for waste recycling. Councillor Ramsdale commented that as far as he was aware they had improved considerably over the past year. Cabinet Members welcomed this news.

RESOLVED:

(1)that Council be recommended to approve the Best Value Performance Plan for 2004/05;

(2) that the plan be published electronically.

Councillor Coley submits a report seeking approval for this year’s Best Value review programme. The Cabinet is asked to note the strategic programme for improvement across the Council now in place, approve the programme of improvement action set out in paragraph 5.5, note the proposed audit and inspection programme for next year and to agree to reconsider the programme again next year following consideration of the performance report for 2003/4.

Councillor Coley submitted a report seeking approval for this years Best Value review programme.

Councillor Coley noted that as the Council was now rated as ‘Good’ there would be no requirements for additional plans to be written this year and there would also be a saving in fees for audits to be undertaken.

RESOLVED:

(1)that the strategic programme for improvement across the Council now in place, be noted;

(2)that the programme of improvement action set out in paragraph 5.5, be agreed;

(3)that the proposed audit and inspection programme for next year, be noted;

(4)that the programme be reconsidered again next year following consideration of the performance report for 2003/4.

Councillor Coley submits a report reviewing progress in implementing the Council’s Risk Management Strategy and seeking agreement to the proposals set out within the report. The Cabinet is asked to approve a number of recommendations involved with implementing a revised Risk Management Strategy.

Councillor Coley submitted a report reviewing progress in implementing the Council’s Risk Management Strategy and seeking agreement to the proposals set out within the report.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 14 June 2004 was circulated to the Cabinet. Councillor Coley noted the Committee was supportive of the report.

Members of the Cabinet expressed concerns that departments of the Council were not making sufficient progress in developing risk registers and had not given the work the appropriate priority. The Chief Finance Officer commented that he felt Corporate Directors were aware of the importance of the provision of risk registers but that departments faced many competing priorities.

RESOLVED:

(1)that it be confirmed that the existing policy statement remains appropriate (See Appendix 1 of the report) and the roles and responsibilities (Appendix 2 of the report) remain appropriate;

(2)that the use of a risk assessment matrix in all reports seeking significant decisions, be supported;

(3)that the continued development of risk registers in each department, be supported;

(4)that the designation of specific officers in all departments to be departmental risk officers with responsibility for progressing risk management and maintaining risk registers, including regular review and update by each department’s management team, be supported;

(5)that the Risk Management Fund be used as pump priming money for the Departmental Risk Officers, to be allocated to departments with reference to the amount of operational risk faced by each, the allocation of funds to be managed by the Corporate Risk Management Group;

(6)that the Procedures Working Party considers and recommends to the Council the changes to the Finance Procedure Rules set out in Appendix 4 of the report;

(7)that the action plan for 2004/05 be noted (see Appendix 5 of the report);

(8)that the Communication Strategy be noted (see Appendix 6 of the report.

Councillor Coley submits a report showing the final summary outturn position comparing spending with the budget for all General Fund Services and the Housing Revenue Account. The Cabinet is asked to approve a number of recommendations which detail the outturn position at the end of the year. The Cabinet is also asked to approve the establishment of new earmarked reserves, approve the carry forward of the residue of the city centre improvements money which was set up in 2002/03 to pay the final costs of the projects and approve virements as detailed in section 4.2 of the report.

Councillor Coley submitted a report showing the final summary outturn position comparing spending with the budget for all General Fund Services and the Housing Revenue Account.

Members of the Cabinet congratulated Councillor Coley and officers for ensuring that the positive budget position was achieved in the last financial year.

The Cabinet also noted the budgetary position of the schools revenue reserves and the level of increase. The Chief Finance Officer commented that a full explanation would be given to the Education and Lifelong Learning Scrutiny Committee. He informed the Committee that the Government had proposed that a system for the clawback of schools reserves be introduced.

RESOLVED:

(1)that the final outturn for 2003/04 for each department and the Council as a whole, be noted;

(2)that the reasons for the variances between the 2003/04 budget and the final outturn, be noted;

(3)that the position of the Council’s general reserve, be noted;

(4)that a contribution of £0.3m to the capital fund resulting from surpluses generated by investment property and general fund traded services, be approved;

(5)that the position in respect of significant earmarked reserves, be noted;

(6)that the proposals for the use of underspends, be noted;

(7)that the draw down of earmarked reserves to meet revenue costs incurred in 2003/04, be approved;

(8)that the establishment of new earmarked reserves (proposed in section 10.17 of the supporting report), be approved;

(9)that the carry forward of the residue of the city centre improvements money which was set up in 2002/03 to pay the final costs of the projects, be approved;

(10)that the virements as detailed in section 4.2 of the supporting report, be approved.

Councillor Coley submits a report meeting the Council’s requirement under the Accounts and Audit regulations to formally approve the accounts prior to audit. The Cabinet is asked to note the Statement of Accounts for 2003/2004 and to recommend them to Council for approval.

Councillor Coley submitted a report which met the Council’s requirement under the Accounts and Audit regulations to formally approve the accounts prior to audit.

Members of the Cabinet congratulated finance officers for preparing the accounts three months earlier than would usually be the case to meet new legal requirements.

RESOLVED:

that the Statement of Accounts for 2003/2004 be noted and that they be submitted to Council for approval.

Councillor Ramsdale submits a report advising the Cabinet of Urgent Works carried out under paragraph 4.1(k) of the Contract Procedure Rules and approved by the Service Director, Highways and Transportation. The Cabinet is asked to note the urgent action.

Councillor Ramsdale submitted a report advising the Cabinet of Urgent Works carried out under paragraph 4.1(k) of the Contract Procedure Rules and approved by the Service Director, Highways and Transportation.

RESOLVED:

that the urgent action of the Service Director (Highways and Transportation), taken under Contract Procedure Rule 4.1(k), be noted.

Councillor Coley submits a report informing the Cabinet of the Members current roles and responsibilities under the Council protocol for Organisational and Staffing Change and evaluate the lessons learnt from recent staffing review and it presents Cabinet with initial options for improvement as part of a planned review of the protocol in the forthcoming months. The Cabinet is asked to note the report and provide an initial steer on isssues they wish to be included within the review of the protocol.

Councillor Coley submitted a report informing the Cabinet of Members’ current roles and responsibilities under the Council’s protocol for Organisational and Staffing Change and evaluated the lessons learnt from recent staffing reviews and presented Cabinet with initial options for improvement as part of a planned review of the protocol in the forthcoming months.

The relevant minute extract from the Finance Resources and Equal Opportunities held on 14 June 2004 was circulated to the Cabinet. Councillor Coley noted that the Committee were largely negative about the report but he sought to assure the Committee that it was not the intention of the review to amend the constitution or to reduce the rights of Scrutiny Committees to investigate the purpose and impact on services of staffing reviews.

RESOLVED:

(1) that the Cabinet’s initial view is: 

i)in general the role of Members in individual staffing matters should be confined to service directors and above,

ii)the role of Members is in relation to strategies, policies and service objectives before and after an organisational review,

iii)an organisational review is a management process to deliver defined policies and service objectives;

(2).that the rights of Scrutiny Committees to information should be fully observed and these rights be clarified in relation to organisational reviews and confidential staffing matters;

(3).that a final decision be taken after the review of the protocol and a further report to Finance, Resources and Equal Opportunities Scrutiny Committee and to the Cabinet.

Councillor Coley submits a report seeking approval to the release and expenditure of the additional resources for premises as approved in the budget. The Cabinet is asked to approve the proposed indicative three year spending programme, approve the proposed maintenance programme for 2004/05, authorise the Town Clerk in consultation with the Cabinet Link for Property, to agree any significant variations in the spending profile, agree the proposed initial pilot programme of Property Health Surveys and estimated expenditure release of £200,000, indicate which of the options, in relation to combining new Central Maintenance Funds and LEA / DfES funding for schools is to be implemented and to approve use / part of the additional resources for premises to facilitate Property Efficiency Review.

This report was withdrawn by the Corporate Director of Resources, Access and Diversity.

This report was withdrawn by the Corporate Director of Resources, Access and Diversity.

The Chair agreed to take the following item as urgent business:-

SECRETARIAL SUPPORT TO POLITICAL GROUPS

The reason for urgency is that as the proposal was linked to savings in this year’s budget, it was imperative that the matter was resolved urgently.

Councillor Coley submitted a report which had been referred from the Procedures Working Party about the level of secretarial support offered to political groups.

RESOLVED:

that secretarial support for political groups on the Council be discontinued immediately.

The meeting closed at 6.15pm.