Home > Services > Council and Democracy > Council, Cabinet and Committees > Minutes > 2007-08 > May 2007

Present at the Meeting:

• Councillor P R C Smith (Executive Leader) (In the Chair)
• Councillor K Anderson (Cabinet Champion for Healthier Communities and Older People)
• Councillor K Cunliffe (Cabinet Champion for Neighbourhood)
• Councillor T W Halliwell (Cabinet Champion for Organisational Change)
• Councillor D T Molyneux (Cabinet Champion for Environment)
• Councillor C Ready (Cabinet Champion for Equality)
• Councillor Mrs E Smethurst (Cabinet Champion for Improvement)
• Councillor B M Wilson (Cabinet Champion for Children and Young People)

1. Welcome to new Member: On behalf of the Cabinet, the Executive Leader extended a warm welcome to Councillor Mrs E Smethurst, a new Member of the Cabinet.

2. Apologies for absence: Councillors J A O’Neill (Deputy Leader and Cabinet Champion for Regeneration) and J B Baldwin (Cabinet Champion for Lifestyle).

3. Minutes: The minutes of the meeting of the Cabinet held on 10 May 2007 were approved as a correct record.

4. Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Cabinet discusses the following items for the reasons set out below:-

Agenda Item No.	Title of report	Minute No.	Description of exempt information by reference to the paragraph number in schedule 12A of the Local Government Act 1972
E1	South Lancs Industrial Estate	25	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E2	Extension to b uilding cleaning contract	26	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E4	Centre for Independent Living	27	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E5	Orrell Post junction improvement/Whelley Loop – Greenheart Way	28	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E6	School Admissions Appeals Panel Member	29	1 and 2 ( Information about any named person and Information which might reveal the identity of a person )
E7	Terrier computerisation – acceptance of tender	30	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E8	Decisions authorised by the Director of Adult Services under Chief Officers delegated powers	31	3 ( Information about the financial or business affairs of any person or organisation, including the council )
E9	Remediation of Ince Central Estate	32	3 and 5 ( Information about the financial or business affairs of any person or organisation, including the council and information covered by legal professional privilege i.e. legal advice from a qualified legal representative )

5. Request from Tewkesbury Borough Council: The Cabinet considered a letter from Tewkesbury Borough Council seeking this Council’s support to a campaign to reinstate free postage on parcels to members of the British forces and their families serving overseas.

The Chief Executive reported that at its last meeting (minute 100 of April 2007 refers), the Council had decided as follows:-

Resolved: The Council is of the opinion that requests such as these should be considered by Cabinet in the first instance and refers this request to the Cabinet accordingly.

Resolved: The Cabinet notes letter from Tewkesbury Borough Council and agrees that requests such as these should be considered by Cabinet in the first instance.

6. Projected demand for primary school places : The Cabinet considered a report on the latest primary school roll projections and the implications for primary school places in certain areas of the borough . The Children and Young People’s Panel had noted the report (minute 12 refers).

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to ensure that there were sufficient school places to meet anticipated demand.

Resolved: (1) The Cabinet requests the Director of Children and Young People’s Services to consult the Governing Bodies of:

• Marus Bridge Primary school about the possible temporary increase in the School’s admission number from 45 to 60 for one year in 2008/09;
• Parklee Primary school about the temporary increase in the School’s admission number from 30 to 45 for one year only in 2009/10;

(2) The Cabinet requests the Director of Children and Young People’s Services to submit a further report on the outcome of the above consultations to a future meeting of Panel and Cabinet.

(3) The Cabinet requests the Director of Children and Young People’s Services to submit a further report to the next meeting of Cabinet on the projected demand for primary school places at Tyldesley Primary school.

(Councillor B M Wilson declared a personal and non prejudicial interest in this item because he is a Governor of Tyldersley Primary School).

7. Review of provision and use of resourced schools: The Cabinet considered a report on:-

• the current situation regarding resourced provision for primary-aged pupils requiring observation and assessment, and those with specific speech and language difficulties;
• the need for specific provision for both primary and secondary-aged pupils, with low-severity autism, who have difficulty accessing mainstream provision, even with considerable support; and
• outline proposals for change to address these demands.

The Children and Young People’s Panel had endorsed the report (minute 9 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet :-

• agrees in principle the proposals outlined in the report;
• authorises the Director of Children and Young People’s Services to conduct any necessary informal consultation on the proposals; and
• approves the continuation of enabling work so that the anticipated implementation date of 1 September 2008 can be achieved.

(Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item because she is a Governor of Platt Bridge Community School).

8. Proposed expansion of Landgate School: results of informal consultation (minute 386 of March 2007 refers): The Cabinet considered a report on the outcome of the informal consultation on the proposal to expand the provision at Landgate School; and the need to conduct formal consultation. The Children and Young People’s Panel had endorsed the report (minute 6 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• authorises formal stage consultation on this proposal, through the publication of statutory notices, to:
• extend the school building at Landgate Lane, Bryn;
• extend the age range of the school to cater for pupils up until the age of 19 years;
• approves an increase in the School’s approved number to 70; and
• authorises enabling work to continue to be developed for this scheme, so that the potential opening date of April 2008 can be achieved, depending upon the outcome of formal consultation.

9. Co-location opportunities for a public library at the new Abraham Guest School: projected demand for primary school places: The Cabinet considered a report on the progress being made on the Abraham Guest rebuild project and to seek permission to proceed with the co-location of a public library with the school.

The Chief Executive reported a potential option to join in the Salford procurement process on Building Schools for the Future.

The only alternative option was not to co-locate the public library within the school. The reason for selecting the one recommended was because the library vision, agreed by the Council, established the principle that libraries should, where possible, be co-located with other services to maximise use.

Resolved: (1) The Cabinet

• agrees the principle of a public library being co-located with the new Abraham Guest school;
• agrees to the capital costs of developing a public library within the school building being met from the project budget (£18.1m grant and possibly capital receipts);
• requests the Wigan Leisure and Culture Trust to contribute to the joint library;
• and requests the submission of a further report, if opportunities arise to access capital receipts from library buildings arise.

(2) The Cabinet requests the Chief Executive to explore the option to join in the Salford procurement process on Building Schools for the Future and delegates to her, following consultation with the Executive Leader and the Cabinet Champion for Children and Young People’s Services, authority to make a decision on the option.

(Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item because she is a Member of Wigan Leisure and Culture Trust).

10. Facilities agreement: This item was withdrawn.

11. New school funding arrangements for 2008/11 - consultation paper: Joint The Cabinet considered a report on the Government’s proposals for the new school funding arrangements for 2008/11 and a proposed response to the consultation paper. The Children and Young People’s Panel had noted the report (minute 11 refers).

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to take the opportunity to respond to the consultation.

Resolved: The Cabinet agrees to a response to the consultation on school finance arrangements for 2008/11 as set out in the report.

12. Provision of additional affordable housing and new opportunities for bidding: The Cabinet considered a report on the developing situation with regard to affordable housing and the recently announced opportunities for bidding to the Housing Corporation .

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to maximise the provision of affordable housing in the borough.

Resolved: The Cabinet :-

• authorises the Director of Environmental Services to evaluate the potential benefits of a joint approach with the Housing Corporation and to prepare possible bids; and
• requests him to submit a further report to appoint Housing Association/ALMO partners to help develop bids.

(Councillor C Ready declared a prejudicial interest in this item because he is a Member of Wigan and Leigh Housing and left the meeting during discussion thereon. Councillor K Anderson declared a personal and non prejudicial interest in this item because he is employed by Helena Housing).

(The Chief Executive of Wigan and Leigh Housing was not present during consideration of this item).

13. Review of polling place – Tyldesley ward: The Cabinet considered a report on a replacement polling place required in the Tyldesley ward because of the imminent closure of Shakerley CE Primary School .

There were no alternative options available for consideration.

Resolved: The Cabinet recommends the Council to designate the Shakerley Community Centre, Cumberland Avenue, Tyldesley as the polling place for polling district WYF (Tyldesley) in place of Shakerley CE Primary School.

14. Adult Services budget 2007/08 : The Cabinet considered a report on the risks associated with the Adults Services budget in 2007/08 and corresponding financial pressures. The Adult Services Panel had noted the report (minute 6 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet notes the report.

15. Reporting of racist incidents in schools: The Cabinet considered a report on racist incidents involving children and young people during the Spring Term 2007, and the change from paper-based to web-based reporting . The Children and Young People’s Panel had noted the report (minute 10 refers).

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

16. The review of the children and young people's plan: The Cabinet considered a report on the draft 2006/07 review of the children and young people's plan, a copy of which was attached to the report. The review would be submitted to the Department for Education and Skills as part of the annual performance assessment of children's services in the borough.

There were no alternative options available for consideration.

Resolved: The Cabinet:-

• approves the draft of the children and young people’s plan review for 2006-07 now submitted;
• agrees the proposed self assessment grades; and
• delegates power to the Director of Children and Young People’s Services to amend and update the review as necessary prior to submission .

17. Final accounts 2006/07 - summaryof provisional revenue outturn: The Cabinet considered a report on the provisional spending position for 2006/07. The figures remained subject to further validation work to ensure compliance with statutory requirements and proper accounting practices .

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report.

18. Capital programme provisional outturn 2006/07: The Cabinet considered a report on the provisional outturn of the 2006/07 capital programme and its funding.

There were no alternative options available for consideration.

Resolved: The Cabinet accepts the report and delegates to the Director of Finance and Information Technology in consultation with the Executive Leader, the Chief Executive and the Director of Legal and Property Services authority to finalise agreement with partners involved in the Leigh Sports Village scheme and to take the steps necessary to ensure the management company for the site commences operation.

(Councillor T W Halliwell declared a personal and non-prejudicial interest in this item because he is employed by Wigan and Leigh College. Councillor D T Molyneux declared a personal and non-prejudicial interest in this item because his daughter is employed at Hindley Community High School. Councillor B M Wilson declared a personal and non-prejudicial interest in this item because he is a Governor at Wigan and Leigh College).

19. Commissioning strategy for health and wellbeing: The Cabinet considered a report on the commissioning intentions of the Adult Services Department during 2007/12, in response to the White Paper ‘Our Health, Our Care, Our Say’. The Adult Services Panel had endorsed the report (minite 5 refers).

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to consider the implications of the separate strands of the strategy as they were developed.

Resolved: (1) The Cabinet recommends the Council to approve the commissioning strategy for health and wellbeing as part of the Policy Framework.

(2) The Cabinet appoints Councillors P R C Smith (Executive Leader), K Anderson (Cabinet Champion for Healthier Communities and Older People), Mrs E Smethurst (Cabinet Champion for Improvement) and, if appropriate, B M Wilson (Cabinet Champion for Children and Young People) to sit on the Joint Commissioning Body with the Ashton, Wigan and Leigh Primary Care Trust.

(Councillor K Cunliffe declared a prejudicial interest in this item because he is employed by an independent health provider and his wife is employed by the 5 Boroughs’ Partnership and left the meeting during discussion thereon).

20. Refurbishment of Abram Community Centre : The Cabinet considered a report and form CPR1 on proposals to refurbish the former Abram Library for use as Abram Community Centre . The report gave details of the management arrangements for the Centre and the proposed uses for the facilities provided there.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to use the Council’s resources and skills to deliver the project in the most cost-effective way .

Resolved: The Cabinet:-

• approves budget release in the sum of £155,000 (£85,000 Abram Community Centre Limited £30,000 Maypole Development £40,000 Existing Basic Needs capital programme) and amends the capital programme accordingly; and
• authorises the Officers and Norfolk Properties (North West) Limited to manage the project to completion, subject to no further expenditure falling on the Council.

(Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item because she is a Member of the Abram Community Centre Committee).

21. Procurement of customer relation computer system: The Chairman of the meeting agree to this additional item being considered at the meeting; the special circumstance being the need to obviate any delay.

The Cabinet considered a report on proposals to implement a customer relationship management (CRM) computer system. Such a system would manage requests from citizens and businesses and integrate with service delivery systems to improve the quality of the services delivered to the customers. It would be implemented in the Joint Service Centre (JSC) and its spokes when they opened in 2010 and the report gave details of the acquisition process for the system.

There were no alternative options available for consideration.

Resolved: The Cabinet grants an exception to the Council’s Contracts Procedure Rules public advertising requirements for this procurement and any subsequent procurements that utilise the Office of Government Commerce’s ‘Catalist’ frameworks.

22. Assistive technology fees and charges (minute 144 of August 2006 refers): The Cabinet considered a report on proposals for the introduction of charges to service users who had assistive technology equipment installed in their homes. Assistive technology equipment was designed to increase the range of activities, independence or well being of vulnerable people byenabling them to live more safely at home by providing early warning of when they were at risk, and to make sure they received help quickly.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to bring assistive technology in line with all other services provided by the Adult Services Department in line with the application of fairer charging in Adult Services.

Resolved: The Cabinet:-

• agrees to introduce charges for assistive technology on the following basis:-
• nil charge for the first 6 weeks of installation to encourage take up;
• a charge of £2.90 per week for the monitoring and maintenance of equipment in people’s homes after initial 6 week period; and
• a charge £1.45 per week for the mobile response service after initial 6 week period; and
• requests a review of the level of charges after the first year of operation of the scheme.

(Councillor K Cunliffe declared a personal and non prejudicial interest in this item because his father-in-law is a service user of the call monitoring service. Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item because her mother is a service user of the call monitoring service).

23. Review of early years provision in the Shakerley area (minute 76 of July 2006 refers): The Cabinet considered a report on the outcome of the review of early years provision in Shakerley, following the decision to close Shakerley C of E Voluntary Controlled Primary School.

There were no alternative options available for consideration.

Resolved: The Cabinet notes the report.

24. Discussions with English Partnerships over housing issues in former coalfield communities: The Cabinet considered a report on the English Partnerships offer of discussions on how they could help in regenerating housing areas within former coalfield communities .

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to take advantage of the offer of help from English Partnerships.

Resolved: The Cabinet authorises the Director of Environmental Services to develop bids in response to English Partnerships’ initiative and based on the Bickershaw regeneration area.

25. South Lancs Industrial Estate: This item was withdrawn.

26. Extension to building cleaning contract: The Cabinet considered a report on the potential to negotiate an extension of the current contract for the provision of building cleaning to reflect inflation and value for money .

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to obtain value for money and continuity of service.

Resolved: The Cabinet authorises the Deputy Chief Executive to negotiate an extension to the congtract with ISS Facility Services Limited for a further two years from 1 August 2007 and a further two years thereafter under certain circumstances.

27. Centre for Independent Living: The Cabinet considered a report on the establishment of a Centre for Independent Living in Leigh Sports Village to be funded through the disposal of the Orchards site in Leigh . The Centre would be a user-led organisation modelled on existing Centres of this nature and would be a support service providing advice and information to enable people with different disabilities to become more independent and to take a more active role in their community.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to address the poor condition of the currenct facilities at the existing Orchards site.

Resolved: The Cabinet :-

• supports the continued development of a Centre for Independent Living in the borough;
• approves the development of this in Leigh Sports Village;
• declares the Orchards site in Leigh surplus to the Council’sd requirements, agrees the sale of the site and the re-location of the remaining services at site; and
• agrees the capital receipts from the sale of the Orchards site being used to fund the location of the Centre for Independent Living development at the Leigh Sports Village.
• authorises an exception to the Council’s Contracts Procedure Rules public advertising requirements in relation to the contract to permit a negotiation between the Council and the existing Stadium contractor for the proposed fit out works.

28. Orrell Post junction improvement/Whelley Loop – Greenheart Way: The Cabinet considered a report and forms CPR1 on tenders received for two projects included in the 2007/08 Highways Capital Programme, Orrell Post and Whelley Loop Phase 3 .

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to accept the lowest tender received in each case.

Resolved: The Cabinet:-

• accepts the tender submitted by submitted by George Cox & Sons in the sum of £134,200.83 for Orrell Post junction improvements and grants budget release in the sum of £289,801 and amendment to the capital programme accordingly.
• accepts the tender submitted by submitted by Dowhigh Ltd. in the sum of £305,614.44 for Whelley Loop Line Phase 3 and grants budget release in the sum of £375,090 and amendment to the capital programme accordingly.

29. School Admissions Appeals Panel Member: The Cabinet considered a report on applications received from persons wishing to sit on the abovementioned Panel.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to maintain a pool of properly appointed Panel Members from which to draw individual Appeals Panels.

Resolved: The Cabinet appoints the persons identified in appendix 1 as Lay Members for Admission Appeals Panels in accordance with the Education (Admissions Appeals Arrangements) (England) Regulations 2002.

30. Terrier computerisation – acceptance of tender: The Cabinet considered a report on decision taken by the Director of Legal and Property Services, under delegated powers, to accept a tender from Data Insight Limited to undertake computerisation of the Council’s land and property ownership (terrier) records. The report set outy the reasons why this tender, not the lowest received, had been accepted.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to accept the tender considered to represent the best value for money in terms of quality per cost.

The lowest tender could have been accepted but this was of lesser quality. It had been made clear in the tender documentation that the Council would place greater weight on the quality of the work to be undertaken.

Resolved: The Cabinet:-

• notes the decision of the Director of Legal and property Services; and
• approves the carrying forward of £82,000 remaining at 31 March 2007 from the £108,000 which was vired from the I.T. Investment Account to Legal and Property Services during 2006/07 to fund the terrier computerisation project.

31. Decisions authorised by the Director of Adult Services under Chief Officers delegated powers: The Cabinet considered a report on the decisions made by the Director of Adult Services with a value of less than £150,000.

There were no alternative options available for consideration.

Resolved: The Cabinet notes the report.

(Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item because she is a Member of the Management Committee of the Wigan Victim Support and Witness Service).

32. Remediation of Ince Central Estate: The Cabinet considered a report on the current position regarding the remediation of Ince Central Estate. The Director of Environmental Services informed Cabinet that in view of the urgency, he had exercised authority delegated to him at minute 418(3), February 2005, to proceed with phase 7 of the remediation works, the cost of which would be at risk to the Council whilst the Department for Environment, Food and Rural Affairs considered further bids for funding.

• In addition, the Director of Environmental Services reported that the Mayor had consented to this item being exempt from call-in in view of the urgency to proceed with the remediation works. Not to do so would result in delay and distress to residents on the estate.

The report set out details of the alternative options to be considered. The reason for selecting the one recommended was to avoid unacceptable delay in the undertaking of decontamination works of the Ince Central Estate and may have led to the present contractor withdrawing from site.

Resolved: (1) The Cabinet

• notes the action taken by the Director of Environmental Services in accordance with delegated authority; and
• notes that the Mayor has consented to this decision being exempted from call-in and now resolves that because these decisions are urgent they are not subject to call-in. The reason for urgency is that the delay from the call-in process would seriously prejudice the Council's or the public's or an individual’s interest because the application of call-in would delay the work on Phase 7 of the remediation work .