Agenda, decisions and minutes

Cabinet - Monday 16 December 2019 6.00 pm

Venue: Council Chamber Hackney Town Hall, Mare Street, London E8 1EA

Contact: Clifford Hart 020 8356 3597 Email: Clifford.hart@hackney.gov.uk 

Items
No. Item

1.

Apologies for Absence

Decision:

Apologies for absence were received from Deputy Mayor Clark and Cllrs Rennison, McKenzie and Moema.

Minutes:

Mayor Glanville welcomed everyone to the meeting. He congratulated Meg Hillier and Diane Abbott for their successful re-election to Parliament at last week's General Election.  He also congratulated Deputy Mayor Clark for her successful election as MP for Enfield North.

 

 

Apologies for absence were received from Deputy Mayor Clark and Cllrs Rennison, McKenzie and Moema.

2.

Urgent Business

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear. New items of Urgent Business will be dealt with under Item 13 below. New items of exempt business will be dealt with at Item 16 below).

 

Decision:

There were no items of urgent business.

 

NOTED

Minutes:

There were no items of urgent business.

 

NOTED

3.

Declarations of interest - Members to declare as appropriate

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

 

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

 

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

 

Decision:

There were no declarations of interests.

 

NOTED

 

Minutes:

There were no declarations of interest.

 

NOTED

 

4.

Notice of intention to conduct business in private, any representations received and the response to any such representations

On occasions part of the Cabinet meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

 

This agenda contains exempt items as set out at Item 14 : Exclusion of the Press and Public.  No representations with regard to these have been received.

 

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet meeting will be partly held in private for the reasons set out in this Agenda.

 

Decision:

There were no representations received.

 

NOTED

 

5.

Questions/Deputations

Decision:

There were no questions/deputations.

 

NOTED

 

Minutes:

There were no questions/deputations.

 

NOTED

 

6.

Unrestricted minutes of the previous meeting of Cabinet held on 18 November 2019 pdf icon PDF 303 KB

To agree the minutes of the previous meeting of Cabinet held on 18 November 2019.

Decision:

RESOLVED

 

That the unrestricted minutes of Cabinet held on 18 November 2019 be confirmed as an accurate record of the proceedings.

Minutes:

RESOLVED

 

That the unrestricted minutes of the Cabinet meeting held on 18 November 2019 be approved as a true record.

7.

Unrestricted minutes of Cabinet Procurement Committee held on 7 October 2019 pdf icon PDF 258 KB

To receive the unrestricted minutes of the Cabinet Procurement Committee (CPC) held on 7 October 2019 - for noting only.

Decision:

RESOLVED

 

That the unrestricted minutes of Cabinet Procurement Committee held on 7 October 2019 be received and noted.

 

Minutes:

RESOLVED

 

That the unrestricted minutes of the Cabinet Procurement Committee held on 7 October 2019 be received and noted.

 

8.

Schedule of Local Authority School Governor appointments

To agree the School Governor appointments.

Decision:

There were no School Governor appointments.

 

NOTED

 

Minutes:

There were no School Governor appointments.

 

NOTED

 

9.

Capital update report - Key Decision No. FCR Q1 pdf icon PDF 326 KB

This report updates Members on the current position of the Capital Programme and seeks spending and resource approval as required to enable officers to proceed with the delivery of those schemes as set out in section 9 of this report.

 

Decision:

RESOLVED

 

 

i.  That approval be given to the schemes for Finance and Corporate Resources as set out in section 9.2 of the report, and as follows:

 

ICT Development of Cloud Based REST Application Program Interfaces (API)s: Virement and Spend approval of £1,200k (£600k in 2019/20 and £600k in 2020/21) to fund the Council’s Corporate ICT development of cloud based APIs (connectors to system databases) to enable secure real time integration of data over the internet.   

 

ii.  That approval be given to the allocation of resources for the S106 schemes as set out in section 9.3 of the report and summarised below as follows:

 

 

S106

2019/20 £'000

2020/21 £'000

Total

 

£'000

£'000

£'000

Capital

0

1,271

1,271

Total S106 Resource and Spend approvals

0

1,271

1,271

 

  iii.  That the schemes outlined in section 9.5 of the report be noted.

 

  REASONS FOR DECISION

 

  The decisions required were necessary in order that the schemes within the Council’s approved Capital programme could be delivered as set out in this report.

 

  In most cases, resources had already been allocated to the schemes as part of the budget setting exercise but spending approval was required in order for the scheme to proceed. Where however resources had not previously been allocated, resource approval was requested in this report.

 

  DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

None.

 

Minutes:

The Mayor introduced the report which showed a commitment to investment in infrastructure.  The Mayor highlighted the capital approval for the Children's Centre at Woodberry Down.  Cllr Kennedy welcomed the investment in this project which included a view platform over the reservoir providing a learning environment for the children.  The Mayor also commented that the centre was a facility for a very diverse community.

 

 

RESOLVED

 

 

i.  That approval be given to the schemes for Finance and Corporate Resources as set out in section 9.2 of the report, and as follows:

 

ICT Development of Cloud Based REST Application Program Interfaces (API)s: Virement and Spend approval of £1,200k (£600k in 2019/20 and £600k in 2020/21) to fund the Council’s Corporate ICT development of cloud based APIs (connectors to system databases) to enable secure real time integration of data over the internet.   

 

ii.  That approval be given to the allocation of resources for the S106 schemes as set out in section 9.3 of the report and summarised below as follows:

 

 

S106

2019/20 £'000

2020/21 £'000

Total

 

£'000

£'000

£'000

Capital

0

1,271

1,271

Total S106 Resource and Spend approvals

0

1,271

1,271

 

  iii.  That the schemes outlined in section 9.5 of the report be noted.

 

  REASONS FOR DECISION

 

  The decisions required were necessary in order that the schemes within the Council’s approved Capital programme could be delivered as set out in this report.

 

  In most cases, resources had already been allocated to the schemes as part of the budget setting exercise but spending approval was required in order for the scheme to proceed. Where however resources had not previously been allocated, resource approval was requested in this report.

 

  DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

None.

 

10.

Overall financial position, property disposals and acquisitions report (October 2019) - Key Decision No. FCR Q2 pdf icon PDF 665 KB

This is the fourth Overall Financial Position (OFP) report for 2019/20 and is based on detailed October 2019 provisional outturn monitoring data from directorates. We are forecasting an overspend of  £6,080k at year end.

 

Additional documents:

Decision:

RESOLVED

 

 

i.  That  the overall financial position for October, covering the General Fund and the HRA, and the earmarking by the Group Director of Finance and Corporate Resources of any underspend to support funding of future cost pressures and the funding of the Capital Programme be noted;

 

ii.  that the acquisition of a long leasehold interest in De Beauvoir Square (land shown edged red in Appendix 1) be authorised;

 

iii.  that authority be delegated to the Group Director of Finance and Corporate Resources to settle all the commercial terms of the transaction; and

 

iv.  that authority be delegated to the Director of Legal and Governance to settle and enter into all legal agreements necessary to conclude the matter.

 

   REASONS FOR DECISION

 

  To facilitate financial management and control of the Council's finances and to approve the property proposal.

 

4.2  CHILDREN, ADULT SOCIAL CARE AND COMMUNITY HEALTH (CACH)

 

The CACH directorate was forecasting an overspend of £5,261k after the application of reserves and drawdown - an unchanged position from previous month. 

Children & Families Service

 

Children & Families Service (CFS) was forecasting a £1,562k overspend against budget after the application of reserves and grants. The draw down from reserves included:

 

?  £2,300k from the Commissioning Reserve, set up to meet the cost of placements where these exceeded the current budget.

?  £1,100k for additional staffing required to address a combination of increased demand across the service and management response to the Ofsted focused visit earlier in the year.

?  £460k was drawn down to offset pressures in relation to the increase in young people currently held on remand. 

 

The sustained pressure on CFS budgets was a position that was not unique to Hackney, as shown by the results of a survey on Children’s Social Care spend carried out jointly by the Society of London Treasurers (SLT) and the Association of Directors of Children’s Services (ADCS). The graph below shows how Hackney’s year end position for 2017/18 (before the use of reserves) compared to other London boroughs for Children’s Social Care.

 

 

 

 

A similar survey was currently underway in relation to 2018/19 outturn and this would be reported as soon as it was available.

 

The main budget pressures in CFS were in relation to looked after children (LAC) placements within Corporate Parenting, young people held on remand within Youth Justice and staffing in several areas across the services. Further details are set out below.

 

Corporate Parenting was forecasting to overspend by £1,133k after the use of £2,300k of commissioning reserves and £280k one-off staffing reserves. This position also included the use of £1,200k of non-recurrent Social Care funding that was announced in the October 2018 Budget. Spend on LAC and LC placements (as illustrated in the table below) was forecasted at £20.3m compared to last year’s outturn of £18.3m – an increase of £2m.

 

Table 2: Placements Summary for LAC and Leaving Care

Service

Type

Budget

Forecast

Forecast

Variance

Budgeted

Placements*

Current

Placements

Management Actions

Residential

4,331

5,320

989

21

31

There are a number of initiatives in  ...  view the full decision text for item 10.

Minutes:

The Mayor introduced the report.  He highlighted the continued pressure on Children, Adult Social Care and Community Health and managing this would be challenging.  Despite the publication of the 2019 Spending Review, there was still significant uncertainty about future funding and particularly its sustainability.  Ian Williams highlighted the regularisation of the position regarding the acquisition of a long leasehold for De Beauvoir Square.

 

 

RESOLVED

 

 

i.  That  the overall financial position for October, covering the General Fund and the HRA, and the earmarking by the Group Director of Finance and Corporate Resources of any underspend to support funding of future cost pressures and the funding of the Capital Programme be noted;

 

ii.  that the acquisition of a long leasehold interest in De Beauvoir Square (land shown edged red in Appendix 1) be authorised;

 

iii.  that authority be delegated to the Group Director of Finance and Corporate Resources to settle all the commercial terms of the transaction; and

 

iv.  that authority be delegated to the Director of Legal and Governance to settle and enter into all legal agreements necessary to conclude the matter.

 

   REASONS FOR DECISION

 

  To facilitate financial management and control of the Council's finances and to approve the property proposal.

 

4.2  CHILDREN, ADULT SOCIAL CARE AND COMMUNITY HEALTH (CACH)

 

The CACH directorate was forecasting an overspend of £5,261k after the application of reserves and drawdown - an unchanged position from previous month. 

Children & Families Service

 

Children & Families Service (CFS) was forecasting a £1,562k overspend against budget after the application of reserves and grants. The draw down from reserves included:

 

?  £2,300k from the Commissioning Reserve, set up to meet the cost of placements where these exceeded the current budget.

?  £1,100k for additional staffing required to address a combination of increased demand across the service and management response to the Ofsted focused visit earlier in the year.

?  £460k was drawn down to offset pressures in relation to the increase in young people currently held on remand. 

 

The sustained pressure on CFS budgets was a position that was not unique to Hackney, as shown by the results of a survey on Children’s Social Care spend carried out jointly by the Society of London Treasurers (SLT) and the Association of Directors of Children’s Services (ADCS). The graph below shows how Hackney’s year end position for 2017/18 (before the use of reserves) compared to other London boroughs for Children’s Social Care.

 

 

 

 

A similar survey was currently underway in relation to 2018/19 outturn and this would be reported as soon as it was available.

 

The main budget pressures in CFS were in relation to looked after children (LAC) placements within Corporate Parenting, young people held on remand within Youth Justice and staffing in several areas across the services. Further details are set out below.

 

Corporate Parenting was forecasting to overspend by £1,133k after the use of £2,300k of commissioning reserves and £280k one-off staffing reserves. This position also included the use of £1,200k of non-recurrent Social Care funding that was announced in the October 2018  ...  view the full minutes text for item 10.

11.

Introduction of motorbike charging Key Decision No. NH P58 pdf icon PDF 425 KB

This report seeks Cabinet’s approval to commencing consultation with the general public for a period of twelve weeks in January 2020, in respect of  motorcycle parking proposals that will align motorcycle parking permits across all parking products and services.

Decision:

RESOLVED 

 

i.  That approval be given to the commencement of consultation with the general public to take place for a period of twelve weeks from January 2020, on the motorcycle parking proposals, with the  consultation to include the following proposals:

 

a.  that motorcycles will be required to hold a valid permit to park in any permit holder bays;

 

b.  that visiting motorcycles will be required to obtain an e-voucher to park in any permit holder bays at current visitor parking permit prices;

 

c.  that existing solo motorcycle bays will be converted into solo lockable pay and display bays for short stay parking with fees aligned to pay and display prices, with maximum waiting restrictions applying in line with other pay and display bays in certain areas to discourage commuting;

 

d.  That motorcycles will continue to be charged across the borough for using both pay and display along with shared use parking bays at standard rates; and

 

ii.  That the consultation results be reported to Cabinet in autumn 2020 together with the final proposals on the introduction of the motorcycle parking strategy for reconsideration.

 

  REASONS FOR DECISION

 

  Rationale for the proposed changes

 

  Hackney Council recognised more needed to be done to develop uniform parking policies in order to ensure that it delivers the overall objective of improving air quality across the borough for everyone. Hackney has a statutory obligation to improve local air quality and reducing emissions, being also an objective in the Road Traffic Regulation Act 1984.

 

Approximately five motorcycles could fit into one car space, therefore there was the potential for five times the current level of equivalent car pollution per car space. Furthermore, research has shown that motorcycles emit nitrogen oxide (NOx) within the range of petrol and diesel cars. In particular, we are keen to take action to improve the air quality in parking zone B towards the south of the borough near the city where there was a high demand for commuter motorcycle parking.

 

The Parking and Enforcement Plan (PEP) 2015-20 set out Hackney’s current parking policies. It described the issues facing the Council and explained the recommendations over five years. The PEP had an approved recommendation to introduce motorcycle parking permits and was the basis for requesting to consult on wider proposals.

 

Additionally, the Air Quality Action Plan 2015-19 addressed how the Council planned to tackle air quality across the borough with recommendations designed to influence residents’ businesses and visitor choice of transportation through emissions-based parking charges. This further supported the rationale behind the need to introduce permits for motorcycles, as currently, motorcycles did not need to pay for parking and were often used for commuting, especially in the south of the borough which was close to the city.

 

    DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

Do nothing – this was also rejected as it went against the Mayor's priorities to prioritise quality of life and the environment by tackling air pollution.

 

The removal of all solo motorcycle bays to discourage  ...  view the full decision text for item 11.

Minutes:

Cllr Burke expressed his delight in bringing this report to Cabinet.  It brought motor cycles into the charging regime and it was hoped that it would incentivise motor cyclists to switch to motor cycles with lower emissions.

 

 

RESOLVED 

 

i.  That approval be given to the commencement of consultation with the general public to take place for a period of twelve weeks from January 2020, on the motorcycle parking proposals, with the  consultation to include the following proposals:

 

a.  that motorcycles will be required to hold a valid permit to park in any permit holder bays;

 

b.  that visiting motorcycles will be required to obtain an e-voucher to park in any permit holder bays at current visitor parking permit prices;

 

c.  that existing solo motorcycle bays will be converted into solo lockable pay and display bays for short stay parking with fees aligned to pay and display prices, with maximum waiting restrictions applying in line with other pay and display bays in certain areas to discourage commuting;

 

d.  That motorcycles will continue to be charged across the borough for using both pay and display along with shared use parking bays at standard rates; and

 

ii.  That the consultation results be reported to Cabinet in autumn 2020 together with the final proposals on the introduction of the motorcycle parking strategy for reconsideration.

 

  REASONS FOR DECISION

 

  Rationale for the proposed changes

 

  Hackney Council recognised more needed to be done to develop uniform parking policies in order to ensure that it delivers the overall objective of improving air quality across the borough for everyone. Hackney has a statutory obligation to improve local air quality and reducing emissions, being also an objective in the Road Traffic Regulation Act 1984.

 

Approximately five motorcycles could fit into one car space, therefore there was the potential for five times the current level of equivalent car pollution per car space. Furthermore, research has shown that motorcycles emit nitrogen oxide (NOx) within the range of petrol and diesel cars. In particular, we are keen to take action to improve the air quality in parking zone B towards the south of the borough near the city where there was a high demand for commuter motorcycle parking.

 

The Parking and Enforcement Plan (PEP) 2015-20 set out Hackney’s current parking policies. It described the issues facing the Council and explained the recommendations over five years. The PEP had an approved recommendation to introduce motorcycle parking permits and was the basis for requesting to consult on wider proposals.

 

Additionally, the Air Quality Action Plan 2015-19 addressed how the Council planned to tackle air quality across the borough with recommendations designed to influence residents’ businesses and visitor choice of transportation through emissions-based parking charges. This further supported the rationale behind the need to introduce permits for motorcycles, as currently, motorcycles did not need to pay for parking and were often used for commuting, especially in the south of the borough which was close to the city.

 

    DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND  ...  view the full minutes text for item 11.

12.

Appointments to Outside Bodies

The schedule lists appointments to outside bodies.

Decision:

There were no appointments to outside bodies.

 

NOTED

Minutes:

There were no appointments to outside bodies.

 

NOTED

13.

New items of unrestricted urgent business

To consider any items admitted at Item 2 above.

 

Decision:

There were no urgent items of unrestricted business.

 

NOTED

Minutes:

There were no urgent items of unrestricted business.

 

NOTED

14.

Exclusion of the press and public

Note from the Governance Services Manager

 

Item 15 allows for the consideration of exempt information in relation to item 7.

 

 

Proposed resolution:

 

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 15-16 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

 

Decision:

RESOLVED

 

THAT the press and public be excluded from the proceedings of the Cabinet during consideration of exempt items 15-16 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

 

Minutes:

As there were no members of the press or public present at the meeting, the meeting did not move into an exempt session.

15.

Exempt minutes of Cabinet Procurement Committee held on 7 October 2019

Decision:

RESOLVED

 

That the exempt minutes of Cabinet Procurement Committee held on 7 October 2019 be received and noted.

 

 

Minutes:

RESOLVED

 

That the exempt minutes of Cabinet Procurement Committee held on 7 October 2019 be received and noted.

 

 

16.

New items of exempt urgent business

To consider any EXEMPT items admitted at Item 2 above.

 

Decision:

There were no urgent items of exempt business.

 

NOTED

 

Minutes:

There were no urgent items of exempt business.

 

NOTED