Overview and Scrutiny Committee - Monday 12 January 2009

Present at the meeting

• Councillor M Aldred (Chairman)
• Councillor J Miller (Vice Chairman)
• Councillor H L Cadman
• Councillor M A Dewhurst
• Councillor J Ellis
• Councillor B J Fagan
• Councillor Ms P L Holland
• Councillor Mrs J Hurst
• Councillor M Klieve
• Councillor C Rigby
• Councillor R T Splaine
• Councillor F B Walker
• Councillor Mrs M J Whiteside
• Councillor N R Whittingham
• Councillor G Wilkes

Co-opted Member

• Mr D Barber
• Rev Deacon R Moore

104 Apologies for absence: Councillors J Moodie (Vice Chairman), J S Birch, Mrs B Bourne, G M Bretherton, R J Derricutt, G W Fairhurst, P Thompson and P A Tushingham and Rev R Buckley and Mr B Turrell (Co-opted Members).

105 Minutes: The minutes of the meeting of this Committee held on 1 December 2008 were approved as a correct record.

106 Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:-

107 Whipping declarations: The Service Director – Borough Solicitor reminded the Committee that government guidance expected Members of Overview and Scrutiny Committees not to act in accordance with party whipping and that, if they did, they were to declare it.

There were no declarations made.

108 Questions (if any) on the Business of the Cabinet: There were none.

109 Forward plan for February to May 2009: The Deputy Chief Executive reported that, under the provisions of the Local Government Act 2000, the Executive Leader was required to publish a forward plan of key decisions that the Council expected to make in the following four months. Each plan would be submitted to this Committee for comment at least fourteen days before its publication. The Committee considered the plan that was to be published in February 2009.

Resolved: The Committee notes the report and requests further details in relation to the Strategic Management arrangements for Bickershaw Country Park at a future meeting.

110 Select Committee No 1 (PACT’s) minutes – 24 November 2008: The minutes of the meeting of Select Committee No 1 (PACT’s) held on 24 November 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee - Select Committee No. 1 – PACTs - 24 November 2008

Present at the meeting:

• Councillor J S Birch (Chairman)
• Councillor M Aldred
• Councillor Mrs B Bourne
• Councillor B J Fagan
• Councillor M Klieve
• Councillor Mrs P L Holland
• Councillor R T Splaine

110.1 Apologies for absence: Councillors J Moodie, P Thompson and P A Tushingham.

110.2 Minutes: The minutes of the meeting held on 13 November 2008 were approved as a correct record.

110.3 Interview on the PACT Process with Ms A Fell (Area Manager), Mr S Morton (Development Manager) and Ms Paula Richmond (Advanced Practitioner), Wigan Children and Young People’s Service: The Select Committee welcomed the representatives from Wigan Children and Young People’s Service and invited them to answer a range of questions regarding their involvement in the PACT process.

The Select Committee questions, and officer responses, centred on:

• organisational involvement with PACTs to date, corporate reflections on experience, ‘value added’ and lessons to be learned in forward refinement of the process;
• approaches to sustaining the legacy of youth service activity developed via the PACT process, within communities; and
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• engagement and involvement of young people in community decision making.

Resolved: The Select Committee formally note their gratitude to the Children and Young People’s Service colleagues for their attendance and fulsome responses on the questions put/challenges presented.

110.4 PACT Review Process: Work Plan Update: The Policy Officer updated the Select Committee on interview dates agreed with colleagues from Environmental Services and the Chief Executive’s Service. The Policy Officer provided an overview of research that is underway to investigate the approaches to PACT that have been developed by other authorities. Copies of the Cabinet Office report, ‘Engaging Communities in Fighting Crime’ and a summary of the approach to neighbourhood management developed by the London Borough of Barking and Dagenham, were distributed to members of the Select Committee.

Resolved: The Select Committee notes the progress to date.

110.5 Date and time of next meeting: Resolved: The next meeting of this Select Committee will be held on 8 December 2008 at Wigan Town Hall.

Chairman

111 Select Committee No 1 (PACT’s) minutes – 8 December 2008: The minutes of the meetings of Select Committee No 1 (PACT’s) held on 8 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee - Select Committee No. 1 – PACTs - 8 December 2008

Present at the meeting:

• Councillor J S Birch (Chairman)
• Councillor Mrs B Bourne
• Councillor Ms P L Holland
• Councillor J Moodie

111.1 Apologies for absence: Councillors M Aldred, R T Splaine and P A Tushingham.

111.2 Minutes: The minutes of the meeting held on 24 November 2008 were approved as a correct record.

111.3 Interview on PACT Process with Ms S Wolstencroft, Assistant Director (Cleaner, Greener Neighbourhoods), Environmental Services, Wigan Council: Ms S Wolstencroft received and responded to a number of questions from the Select Committee, covering the following areas:-

• service involvement with PACTs to date, ‘value added’, reflections on and learning from experience thus far;
• recommendations on process improvement for consideration by the Community Engagement Team (Neighbourhood Services Division, Environmental Services) in their leadership on PACTs;
• new works in partnership initiated through or enabled by PACTs – their effectiveness and impact;
• locality focus in service-shaping and delivery – changes made in internal organisation and resource deployment;
• PACT scrutiny arrangements;
• PACTs’ impact on community capacity and legacy in the form of locally-led improvement works/project activity responsive to neighbourhood needs;
• Environmental Services’ proposed call on Brighter Borough funds to support works that will address dog fouling and litter – campaigning, enforcement and removal;
• Environmental Services’ forward intentions towards assuring the sustainability of community involvement; growing strong working relationships with local people in the interests of informed service planning and achieving optimum impact

Resolved: The Select Committee:-

• thanks Ms S Wolstencroft for her attendance, considered and informative responses to the questions put; and
• requests Cleaner, Greener services’ maintenance of a dialogue with the Select Committee in roll-out on their new cleansing, highways and waste management arrangements; connection with partners and delivery on local works responsive to issues identified by communities across the Borough; success in joined-up, mutually supportive working with local people; and reporting on performance targets – qualitative and quantitative data collected

111.4 PACT Review Process: Work Plan Update: The Policy Officer updated the Select Committee on progress with desk-top research into the good practice community involvement models set in place by other authorities and scope for our local learning and reflective improvement. She referred to police-led work in Lancashire in particular and circulated a report for members’ review and comment.

Discussion followed and the high impact approach taken by Sunderland was highlighted by Councillor Holland – further to its showcase at a Community Empowerment Seminar recently attended in London. The opportunity of a visit to speak with Knowsley Council colleagues was also noted further to the Deputy Chief Executive’s advice on a worthwhile contact. All agreed that to ensure the report and recommendations set presented in the Spring was as helpful as could be it was important that scope for learning was actively explored.

Resolved: The Select Committee:-

• asks Councillor Holland to provide the Policy Officer with presentation slides and supporting papers on the Sunderland approach; also contact details for their lead officer;
• asks the Policy Officer to identify possible dates and times for a daytime research visit to Knowsley Council in the new year, reporting back and extending invitation to the Select Committee at the earliest opportunity

111.5 Date and time of future meetings: Resolved: The Select Committee requests that;-

• the Policy Officer work with Mr I Harrison (Head of Sustainable Communities, Environmental Services) and J Ridgway (Service Manager – Community Engagement Team, Environmental Services) to agree a January date for the open members’ briefing proposed on PACTs. With the same colleagues she will agree a format, plan and prepare for the session drawing on the Support Officer’s assistance as required;
• in the Chair’s absence, Councillor Mrs B Bourne will chair the January 2009 briefing, question and answer session;
• the Overview and Scrutiny Select Committee 1 (PACTs) will next meet on 10 February 2009 at 6 p.m. at Wigan Town Hall;
• the New year meeting dates beyond February 2009 will be set at the meeting on 10 February 2009 when more members are in attendance.

Chairman

112 Select Committee No 2 (Recycling) minutes – 3 December 2008: The minutes of the meeting of Select Committee No 2 (Recycling) held on 3 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee - Select Committee No 2 - Recycling - 3 December 2008

Present at the meeting:

• Councillor F B Walker (Chairman)
• Councillor Ms P L Holland
• Councillor G Wilkes

112.1 Apologies for absence: Councillors R J Derricutt, G W Fairhurst, J Miller and N R Whittingham and Mr B Turrell (Co-opted Member)

112.2 Minutes: The minutes of the meeting of this Select Committee held on 12 November 2008 were approved as a correct record.

112.3 Draft municipal waste management strategy discussion: Members considered the contents of the executive summary, referring to the main body of the report where necessary.

Members were content with the overall objectives and specific targets, but made several suggestions and asked the lead policy officer to seek further information and clarification on some of the actions intended to help meet those targets.

Resolved: The report to be noted

112.4 Date of next meeting: Resolved: The next meeting of this Select Committee be held on 17 December 2008.

Chairman

113 Select Committee No 2 (Recycling) minutes – 17 December 2008:

The minutes of the meeting of Select Committee No 2 (Recycling) held on 17 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee - Select Committee No 2 - Recycling - 17 December 2008

Present at the meeting:

• Councillor F B Walker (Chairman)
• Councillor N R Whittingham
• Councillor G Wilkes

113.1 Apologies for absence: Councillors R J Derricutt, G W Fairhurst, Ms P L Holland and J Miller and Mr B Turrell (Co-opted Member)

113.2 Minutes: The minutes of the meeting of this Select Committee held on 3 December 2008 were approved as a correct record.

113.3 Detailed discussion on section 3 (action plan) of the draft municipal waste management strategy: Members had a detailed discussion around all action points intended to help meet targets. Gail Robinson, (Waste Disposal and Recycling Manager) was present to answer any questions members had.

Resolved: The report to be noted

113.4 Date of next meeting: Resolved: The next meeting of this Select Committee be held on 13 January 2009.

Chairman

114 Select Committee No 3 (Tendering) minutes – 1 December 2008: The minutes of the meeting of Select Committee No 3 (Tendering) held on 1 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee No. 3 - Tendering - 1 December 2008

Present at the meeting

• Councillor Mrs M J Whiteside (Chairman)
• Councillor Mrs B Bourne
• Councillor G Wilkes
• Reverend Deacon R Moore (Co-opted Member

114.1 Apologies for absence: Councillors H L Cadman, B J Fagan and G W Fairhurst.

114.2 Minutes: The minutes of the meeting of this Select Committee held on 11 November 2008 were approved as a correct record.

114.3 Audit Reports: The Policy Officer tabled an email from the Head of Risk Management, which explained the approach to probity when Audit is not directly involved. A debate followed on the role of Internal Audit and the presentation given to the Select Committee on the 3 November 2008.

Resolved: The Select Committee:

• confirms that they are confident in the ability of Internal Audit to ensure probity in tendering;
• agrees to recommend that the use of e-documents be explored to make the tendering process easier; and
• agrees that Corporate Procurement should examine the balance between cumulative “one off” payments and contracts.

114.4 Audit Commission: The Policy Officer made a statement to the Select Committee to the effect that no recommendations were made to Wigan specific to the tendering process as a result of the last inspection.

Resolved: The Select Committee accepts the statement made by the Policy Officer.

114.5 Contracts Register: The Select Committee examined the Council’s contracts register downloaded from its web pages. A debate followed around the length of contracts and the procurement of Christmas Decorations, which was not included on the register.

Resolved: The Select Committee agrees:

• to examine the contracts relating to energy prices;
• to invite Adult Services to explain their tender process as a department;
• to invite Highways DLO to talk to the Select Committee about their contract to provide Christmas Decorations;
• to recommend that in-house tenders are also recorded on the contracts register; and
• to invite the Head of Legal Division to a future meeting to speak on the decision process for the length of contracts.

114.6 Dates and time of next meeting: The next meetings of Select Committee No.3 will be held on 8 December 2008 and 12 January 2009, both meetings to commence at 4pm.

Chairman

115 Select Committee No 3 (Tendering) minutes – 8 December 2008: The minutes of the meeting of Select Committee No 3 (Tendering) held on 8 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee No. 3 - Tendering - 8 December 2008

Present at the meeting

• Councillor Mrs M J Whiteside (Chairman)
• Councillor Mrs B Bourne
• Reverend Deacon R Moore (Co-opted member)

115.1 Apologies for absence: Councillors H L Cadman, B J Fagan, G W Fairhurst and G Wilkes

115.2 Minutes of the last meeting: The minutes of the meeting of this Select Committee held on 1 December were approved as a correct record.

115.3 The role of Legal Division in the tendering process: The Head of Legal Division, Mr J Mitchell, spoke to the Select Committee regarding his involvement in the tendering processes of the Council. A debate followed on the details of contract management and the assessment of tenders.

Resolved: The Select Committee:

• thanks Mr Mitchell for his presentation to the Select Committee;
• agrees to recommend that the criteria for evaluating tenders be agreed before the process begins;
• agrees to recommend a session to produce a process map of how tenders should be evaluated for departments. This should be a joint effort between Legal Division, Corporate Procurement and Internal Audit;
• agrees to recommend that the tender process be ratified and that some new guidelines be produced for the middle level of management.

115.4 Dates and time of next meeting: The next meeting of Select Committee No.3 will be held on the 12 January 2009 at 4pm.

Chairman

116 Select Committee No 4 (Health) minutes – 17 December 2008: The minutes of the meeting of Select Committee No 4 (Health) held on 17 December 2008 were submitted for information.

Resolved: The Committee notes the minutes now submitted as referred to below:

Overview and Scrutiny Committee - Select Committee No 4 – Health - 17 December 2008

Present at the meeting:

• Councillor G M Bretherton (Chairman)
• Councillor Mrs J Hurst
• Councillor B J Fagan
• Councillor M W Winstanley

116.1 Apologies for absence: Councillors M A Dewhurst, Ms P L Holland and C Rigby.

116.2 Minutes: The minutes of the meeting of this Select Committee held on 19 November 2008 were approved as a correct record.

116.3 Performance information on the topic indicators: The Select Committee received a briefing from Mrs L Sutton, Service Director Personalisation and Community services, Adult Services

The presentation was followed by a question and answer session.

Resolved: The Select Committee :

• thanks Mrs L Sutton for her briefing; and
• agrees to invite representatives to attend a future meeting to look at the assessment and discharge processes

116.4 Foundation Trust Status Update: The Select Committee received a verbal update from Mr A Foster Chief Executive of Wrightington, Wigan and Leigh NHS Trust to confirm that the Trust had been awarded Foundation Trust Status.

Resolved: The Select Committee thanks Mr Foster for the update

116.5 Care Closer to Home Overview of Services : The Select Committee received a presentation from Mrs G Gaskell and Mr H Chandarana, Ashton, Wigan and Leigh Community Healthcare.

The presentation was followed by a question and answer session

Resolved: The Select Committee thanks Mrs Gaskell and Mr Chandarana for the presentation.

116.6 Conference and event feedback The Select Committee received an update from Councillor G M Bretherton regarding information about recent events which he had attended.

Resolved The Select Committee:

• thanks Councillor Bretherton for the update; and
• requests that Mrs A Cain circulate the conference feedback template

116.7 Date and time of next meeting: Resolved: The next meeting of this Select Committee will be held on Wednesday 21 January 2009.

Chairman

117 Japanese Knotweed: The Committee considered a report from the Executive Director of Environmental Services on the progress being made to develop a co-ordinated approach towards the management and eradication of Japanese Knotweed on Council owned land and the progress being made in completing the recommendations set out in the Select Committee’s report to Cabinet (minute 37, June 2007 refers).

Members asked questions on the report, to which the Officers of the Council responded.

Reference was made in particular to raising awareness of how to deal with the invasive weed, the duties of private landowners, ways to eradicate the problem and problems when a landowner cannot be identified.

The Service Director Neighbourhoods explained the benefits of three Departments working together to combine resources to treat the problem and gave details of a new herbicide being tested which would hopefully be more cost effective.

Councillor Mrs Whiteside congratulated the Department on the eradication of the weed from the Firs Garage site at Leigh.

Resolved: The Committee:

• notes the progress being made in achieving the tasks outlined in the Japanese Knotweed Action Plan;
• welcomes the publication of the Government’s comprehensive national policy framework on invasive non-native species, the Invasive Non-Native Species Framework Strategy for Great Britain; and
• awaits a further report in Spring 2009.

118 Call ins: There were none.

119 Response to Haringey Joint Area Review: The Chairman agreed to the following item being considered as urgent, the special circumstances being the need to obviate any delay.

The Committee considered a report from the Executive Director of Children and Young People’s Services outlining the actions being undertaken in Wigan in response to the recent Joint Area Review in Haringey, following the death of Baby P.

Members asked questions on the report, to which the Officers of the Council responded.

Members were of the opinion that the safety of the child was paramount and supported the need for a Members Seminar on child protection issues and to include details of the procedures given to schools to avoid risks.

Councillor Rigby also reminded the Committee that there were forthcoming changes to the role of Panel, with proposals that they become Scrutiny Committees. He asked Officers to ensure that Safeguarding issues were picked up during any transition and not lost.

Reference was also made to the Section 33 visits undertaken by Members of the Children and Young People’s Panel to children’s homes and the need to increase these visits if possible and look at the possibility of engaging other Members who are not necessarily on that Panel. The recent child protection case in Doncaster was also referred to at the meeting.

The Executive Director of Children and Young People’s Services explained the processes within schools in relation to child protection.

The Head of Service - Social Care -Children and Young People's Services was also present at the meeting and explained the number and types of cases undertaken by Social Workers within the Council. She reported that part of the action plan was to look at using back office staff to free up time for the front line Social Workers involved in child protection cases.

Resolved: The Committee:

• notes and agrees with the proposed actions to the audit practice;
• receives recommendations for action and implementation when the audit is completed in March 2009;
• agrees to participate in a programme of awareness raising in relation to their responsibilities for Child Protection/ Safeguarding; and
• reviews financial and human resource requirements in the light of action agreed through the Safeguarding Board.

(Councillor B J Fagan declared a personal and non prejudicial interest in the above item because he is on the Children and Young People’s Panel. Councillor M Klieve declared a personal and non prejudicial interest in the above item because his wife is a member of the Fostering Panel and he is on the Children and Young People’s Panel. Councillor R T Splaine declared a personal and non prejudicial interest in the above item because his grand daughter is employed by the Children and Young People’s Services Department of the Council).

120 Private Sector Leasing: The Committee considered a report to inform Members of proposals for a Private Sector Leasing scheme and sought approval to enter into long term leasing arrangements as part of an initiative to deliver 150 new affordable homes.

Members asked questions on the report, to which the Officers of the Council responded.

Reference was made to the conditions of the houses involved, the Wigan Housing Solutions charge of 15% and whether this could be waived in special cases, funding issues and the management agent.

Resolved: The Committee:

• approves of the Private Sector Leasing scheme;
• requests that the service level agreement with Wigan Housing; Solutions proceeds; and
• agrees that financial support be given from existing budgets.

(The Chairman (Councillor M Aldred) and Councillor N R Whittingham declared a personal and non prejudicial interest in the above item because they are private landlords).

Chairman