Agenda and minutes
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Apologies
To receive any apologies for absence. Additional documents: Minutes: Apologies were received from Councillors Cavill, Stone and Wheatley.
Councillors Habgood, Prior-Sankey and Lithgow attended as substitutes. |
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Minutes of the previous meeting of the Scrutiny Committee
To approve the minutes of the previous meetings of the Committee held on 27th January and 3rd February 2021. Additional documents: Minutes: (Minutes of the meeting of the Scrutiny Committee held on 27 January and 3 February 2021 circulated with the agenda)
Resolved that the minutes of the Scrutiny Committee held on 27 January and 3 February 2021 be confirmed as a correct record. |
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Declarations of Interest
To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.
(The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.) Additional documents: Minutes: Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-
Cllr Darch declared a personal interest as a friend of Mr and Mrs Langham. |
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Resolution to adjourn items 10, 11 and 12.
Additional documents: Minutes: RESOLVED to adjourn Scrutiny Committee to resume at 6.15pm on the 4th March 2021 to consider the Performance report, 2020/21 Budget Monitoring Report Quarter 3 and Scrutiny Chair Annual Report.
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Public Participation
The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.
For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.
Temporary measures during the Coronavirus Pandemic Due to the Government guidance on measures to reduce the transmission of coronavirus (COVID-19), we will holding meetings in a virtual manner which will be live webcast on our website. Members of the public will still be able to register to speak and ask questions, which will then be read out by the Governance and Democracy Case Manager during Public Question Time and will either be answered by the Chair of the Committee, or the relevant Portfolio Holder, or be followed up with a written response. Additional documents: Minutes: The following members of the public had requested to speak in relation to item 5.
David Langham
I wish to make a formal complaint regarding the councils actions in allowing the continuation of the highly inappropriate homeless and rehabilitation encampment at Canonsgrove, Trull, a rural residential area.
As a long standing member of the local community, I have been dismayed by the lack of respect shown to the local population, the lack of governance and due diligence shown by the council and the inattention to due process and planning law consultation.
I request written confirmation of receipt of this complaint and confirmation that it will be duly considered, circulated and included in the ongoing decision making process regarding the future of the encampment. I understand that today is the last day for correspondence to be included in the March meeting.
I would like to highlight that the chief reason for my complaint is that my 3 young children have been subject to the most appalling and inappropriate sights and situations involving the residents of the encampment. I would not expect to have seen the prevalence of this type of behaviour in either inner city London or Bristol, where there is a significant police presence. The action to burden an ill-equipped rural community with the complex and dangerous issues that have been demonstrated by the inhabitants of the facility, is highly inappropriate.
I am completely outraged that as a local resident, at no stage have I been formally consulted in any way by the Council on this matter. The first correspondence to residents requesting consultation was a survey on behalf of the parish council last week. This confirms to me that there is a gross disregard for the local community and the absence of any governance, or independent audit of the process.
The local population appear to have been deliberately misled by the council that the encampment was intended an emergency measure only. This now appears to be a gross misrepresentation of the situation and an abuse of powers.
There is a clear difficulty faced by residents to accurately express their views for fear of appearing unsympathetic to the plight of the vulnerable and ‘primary homeless’. The council has actively exploited this by not holding appropriate public consultation. I therefore request that the elected councillors now whistleblow on this very poor and underhand performance by the council.
Andy Langham
I wanted to address you about the illegal homeless settlement at Cannonsgrove for which you are responsible.
My representation is being read by an Officer of SWT which I expressly object to as you have removed my right to personal representation which I and my advisers consider ultra vires and will be the subject of further challenge.
That said, I wanted to restate my (and many others) objections to a homeless settlement at Canonsgrove.
I can’t possibly say everything I want to in 3 minutes (my full arguments are set out in my correspondence), here are my key points:
Firstly, This is ... view the full minutes text for item 140. |
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Scrutiny Committee Request/Recommendation Trackers
To update the Scrutiny Committee on the progress of resolutions and recommendations from previous meetings of the Committee. Additional documents: Minutes: (Copy of the Scrutiny Committee Action Plan, circulated with the agenda).
Resolved that the Scrutiny Committee Action Plan be noted. |
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Scrutiny Committee Forward Plan
To receive items and review the Forward Plan. Additional documents: Minutes: (Copy of the Scrutiny Committee Forward Plan, circulated with the agenda).
Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.
Resolved that the Scrutiny Committee Forward Plan be noted. |
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Executive Forward Plan
Additional documents: Minutes: (Copy of the Executive Forward Plan, circulated with the agenda).
Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.
Resolved that the Executive Forward Plan be noted.
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Full Council Forward Plan
Additional documents: Minutes: (Copy of the Full Council Forward Plan, circulated with the agenda).
Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.
Resolved that the Full Council Forward Plan be noted.
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This matter is the responsibility of the Portfolio Holder for Housing Services Councillor Fran Smith.
The Executive in November 2020 requested officers to return in early 2021 to present the best options to deliver accommodation to support the identified demand and needs for single homeless and rough sleepers. This report provides; · An update on progress made since November, · Recommendations in relation to the future use of Canonsgrove, and · Future actions and activity to increase the supply of accommodation and · Better outcomes for single homeless in the District. Additional documents: Minutes: The Executive in November 2020 requested officers to return in early 2021 to present the best options to deliver accommodation to support the identified demand and needs for single homeless and rough sleepers. This report provided;
· An update on progress made since November, · Recommendations in relation to the future use of Canonsgrove, and · Future actions and activity to increase the supply of accommodation and better outcomes for single homeless in the District.
Since the report to Executive in November 2020 the Council has progressed its support for single homeless by maintaining the volume of accommodation required to support some of the most vulnerable people in the District during the Coved crisis including the challenge of the second national lockdown. The following has been achieved:
Successful allocation of circa £1m Next Steps capital funding to support the YMCA Dulverton Group purchase the Gascony Hotel, Minehead providing eighteen units of single homeless accommodation and grant revenue funding to support the continuation of the Canonsgrove accommodation up to October 2021.
Established an understanding of the accommodation gap for Single Homeless in the District (87 units) and the relative demand of twelve requirement categories to reflect the variety of vulnerability and needs of the single homeless. The required accommodation need on an ongoing basis is 374 of which 287 is available on an on-going basis leaving 87 units of unsecured accommodation including Canonsgrove which needs to be retained or replaced to meet single homeless demand.
Produced a draft Single Homeless Accommodation Strategy setting out the aspirations and requirements of the Council to single homeless need and single homeless provision by 2027 (appendix 1)
Commenced discussions with existing and new partners to support the provision of new accommodation supply and ensure existing supply is supporting the outcomes identified in the draft Single Homeless Accommodation Strategy and avoid the eviction of rough sleepers once the Coved emergency has ended
Reduced the number of single homeless living in B&B to circa 10 households.
The Homeless Reduction Board has developed its Terms of Reference and will meet in May to drive forward improved commissioning and partnership working to achieve better outcomes for Somerset’s most vulnerable people. The Homeless Reduction Board will ultimately seek to influence service delivery through an ‘integrated commissioning’ approach across health, care and housing.
SWT has also carried out an option appraisal on the future contribution of the Canonsgrove site. The recommendations of the option appraisal are presented below and the details of this appraisal form much of this report and appendix 2. The option appraisal was required to understand the future contribution of Canonsgrove to support the Council’s ambition as presented in the report to Executive November 2020 and presented in more detail in the draft Single Homeless Accommodation Strategy (appendix 1).
The paper proposed a number of future steps should the Executive support the recommended option including; · Return to Full Council for approval of the Single Homeless Accommodation Strategy along with implementation plan, any budget request, information about the first schemes ... view the full minutes text for item 145. |
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Quarter 3 Performance Report
This matter is the responsibility of the Portfolio Holder for Corporate Resources Cllr Ross Henley.
This paper provides an update on the council’s performance for the first 9 months (April – December) of the 2020/21 financial year. The report includes information for a range of key performance indicators. Additional documents: Minutes: Due to the number of items being considered this item was deferred to a second Scrutiny meeting held on 4th March. |
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2020/21 Budget Monitoring Quarter 3
This matter is the responsibility of the Portfolio Holder for Corporate Resources, Cllr Ross Henley.
This report provides an update on the projected outturn financial position of the Council for the financial year 2020/21 (as at 31 December 2020). Additional documents: Minutes: Due to the number of items being considered this item was deferred to a second Scrutiny meeting held on 4th March.
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Scrutiny Chair Annual Report
This matter is the responsibility of the Chair of the Scrutiny Committee, Councillor Gwil Wren.
To approve the Annual report on the Scrutiny Committee 2020/21 for consideration by Full Council. Article 6 of the SWT Constitution states that “The Scrutiny Committee(s) must report annually to Council on their work.” Additional documents: Minutes: Due to the number of items being considered this item was deferred to a second Scrutiny meeting held on 4th March.
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This matter is the responsibility of the Scrutiny Committee.
As per the Constitution, the Scrutiny Committee may appoint Task and Finish Groups. At the 27th January Scrutiny Committee the Committee resolved that:
“A Task and Finish Group on funding sources and approaches for a zero carbon retrofit programme for SWT’s council housing is further investigated with a further report brought back to the Scrutiny Committee to decide on establishment, with Terms of Reference.”
The Scrutiny Committee are to consider and decide whether to establish said Group and establish the Terms of Reference. Additional documents: Minutes: The purpose of this report is to consider and decide whether to establish a Task and Finish Group investigating the topic of Council Housing Zero Carbon Retrofit and, if approved, to also establish the Terms of Reference for said Group (Appendix A).
As per the Somerset West and Taunton Council Constitution, the Scrutiny Committee may appoint Task and Finish Groups. At the 27th January 2021 Scrutiny Committee the Committee resolved that:
A Task and Finish Group on funding sources and approaches for a zero carbon retrofit programme for SWT’s council housing is further investigated with a further report brought back to the Scrutiny Committee to decide on establishment, with Terms of Reference.”
There are no risks identified with establishing this Group, or associated with the Corporate or Directorate Risk Registers, although the 2030 Carbon Neutrality target is identified on the Corporate Risk Register.
Background and Full details of the Report
As its title suggests a Task and Finish Group is set up for a specific purpose to undertake a review and report back within a defined timescale.
Task and Finish Groups allow Councillors to look at an issue in which they have a particular interest in more detail. They can take a variety of forms, from a detailed review to a short, sharp concentrated focus on a high profile issue. The length of a review and its scope will define how frequently a task group meets, but it is usual to have at least one meeting at the start for planning, and one (possibly two) at the end to settle the report’s findings and recommendations. They offer the opportunity to use a variety of more diverse working methods (working flexibly to adapt to the needs of different reviews), including making visits, and use of interviews and publicity events to encourage community participation and public engagement in scrutiny. For example, the task and finish group can gather evidence through a variety of ways, such as: · written evidence · oral evidence and interviews with external and internal witnesses · site visits · visiting other organisations - partners, user groups, other councils · research · talking to people who are affected by the issue
Once the evidence has been gathered, the task and finish groups will produce a report to be submitted to the relevant Scrutiny Committee outlining details of the review process, evidence gathered, conclusions and subsequent recommendations. The Scrutiny Committee can then consider the report and decide whether to recommend the report on to the Executive, or Council as appropriate.
The final decision of whether to form a Group rests with Members of the Committee but it is recommended that Councillors undertake careful consideration of the advice of the relevant Director when seeking to establish. The Chair of Scrutiny has established in communication with the Housing Portfolio Holder, Cllr Fran Smith, that this group would not be duplicating the work of the Housing Development Member Working Group resolved to be established by Council in December 2020, but would be seeking to look at separate issues.
Links ... view the full minutes text for item 149. |
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Access to Information - Exclusion of the press and public
During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 13 13.02(e) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Scrutiny Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. If Councillors on the Committee wish to discuss any of the confidential appendices included in the following reports, a motion to exclude will have to be passed as follows;
Recommend that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).
Additional documents: Minutes: Resolved that:- The Scrutiny Committee Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the ground that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).
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Confidential Capital Loan to Third Party
This matter is the responsibility of the Portfolio Holder for Corporate Resources, Cllr Ross Henley. Minutes: The Section 151 Officer introduced the report and proposal and basis for the Loan to the third party.
During the debate the following comments and questions were raised:-
· Clarification was provided to the committee that these were unsecured loans · Concerns were expressed that if other funding options couldn’t be accessed why should the Council provide a loan. Members were made aware there was no responsibility from the Council to provide a loan. · It was questioned what securities were being held by other loan providers. · The bank would hold the first charge but the council would be looking to hold the second charge. · A range of assets were held on the balance sheet. · The risks from a budget perspective along with future liabilities was a concern for the committee and was also recognised by officers.
Scrutiny recommends Executive and Full Council approves the following:
(a) Agree the principle of a secured capital loan expected to be for up to 9 years.
(b) A Supplementary Budget as an Investment Loan for Service Purposes in the Council’s Capital Programme.
(c) Delegated authority to the S151 Officer, in consultation with the Chief Executive and Portfolio Holder for Corporate Resources, to agree the final detailed terms and conditions of the loan.
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