Scrutiny At Work in Amber Valley Helping the Council to make a difference and improve community well-being Fifteenth Annual Improvement and Scrutiny Report - 2016 2 | Amber Valley Borough Council Scrutiny in Amber Valley Annual Report 2016 Contents Page number Introduction by the Chairman, 4 Councillor Paul Hillier What is scrutiny? 5 Councillors Call for Action (CCfA) 6 Developing Scrutiny and Learning 6 Public Scrutiny Office 6 Scrutiny work undertaken in Amber Valley from 7 January 2016 to December 2016 Work Programme for 2016/17 13 Members of the Scrutiny Committee 2016 14 Suggestion form 17 Improvement & Scrutiny Report 2016| 3 Introduction by Councillor Paul Hillier Each year the Improvement & Scrutiny Committee produces an Annual Report which both looks back at the work it has done and sets out its plans for the coming year. The Committee’s work programme never stands still - it often has to adapt to reflect public demand. The Committee is particularly well placed to look at matters which impact on communities, so if you have an important matter that needs examining, please contact the Public Scrutiny Office and we will consider your suggestion. The Improvement and Scrutiny Committee is an influencing body not a decision making body. The role of scrutiny at Amber Valley, therefore, is to be a ‘critical friend’ of the Council who makes suggestions designed to improve services for the community. The first part of this report explains how scrutiny works and is followed by details of the work we have done over the past year which is set out on pages 7 – 11. Managing financial constraint is an integral part of the activities of all public sector organisations. Much of our focus over the last year has therefore been driven by looking at how the Council and other public services can adapt what we do so we stay within budget, but still remain efficient. This is a constant challenge for the Council and it is something that cannot be ignored. Although I am a relatively new Chairman of the Committee, having been appointed in May this year, I would like to say thank you to Councillors Trevor Ainsworth, Celia Cox, Erik Johnsen, Paul Moss, Sheila Oakes, Martin Tomlinson and Mick Wilson who all stood down from the Committee in 2016. We all appreciate their contribution to the work of the Committee. Finally I would like to welcome new members Councillors Ben Bellamy, Teresa Curran, Stephen Hayes, John McCabe, Maurice Neville and David Wilson Councillor Paul Hillier Chairman of the Improvement and Scrutiny Committee, December 2016 4 | Amber Valley Borough Council What is scrutiny? Scrutiny allows the decisions made by the Authority, including the Council’s Cabinet and officers to be questioned by other Borough Councillors. It’s a common sense approach to reviewing decisions and policies and considering whether they are right for the Borough and its communities. Not only does it provide a means to review the Council’s own achievements against planned targets, but also enables reviews to be carried out in relation to services provided by other public organisations and bodies on issues affecting the public and make reports and recommendations. Article 6 of the Council’s Constitution sets out more detail of this Committee’s role and Part 4.5 of the Constitution describes it’s procedural rules. Accessing scrutiny - by councillors using the ‘call-in’ mechanism Under this system, Members can ask the Committee to have another look at a decision made by Cabinet before it is implemented, to examine the reasoning for the decision and to consider an alternative solution if one has been suggested. Amber Valley Borough Council holds Cabinet meetings approximately every six weeks. It makes decisions on a wide range of local issues such as public health and the environment, community safety, leisure and regeneration. Decisions made by Cabinet are normally published within two working days of the meeting and can be found at www.ambervalley.gov.uk. Any decision can be ‘called-in’ by a Borough Councillor in the two working days following publication. The scrutiny function allows for Borough Councillors to ‘call-in’ decisions made by Cabinet prior to implementation. This is to ensure transparency of the decision making process of the Cabinet and Officers and demonstrates the Council’s commitment to involving local people in decisions that affect the community. As part of this commitment, the Council is keen to promote greater public awareness of the role and responsibilities of local Borough Councillors and how they can help local people or groups. Under the ‘Call-in’ process anyone may ask their local Borough Councillor (or any other Borough Councillor if they are unable to act) to be their advocate and have a qualifying decision called-in for examination. ‘Call- in’ effectively freezes implementation of the decision until the matter has at least been considered by the Improvement and Scrutiny Committee. Remember, if you wish to request a ‘Call-in’ you must contact your local Borough Councillor promptly i.e. normally within two working days of the publication of the Cabinet minutes. The contact details of Borough Councillors are published on the Council’s website and a Guide to Councillors is available at the Town Hall, Ripley and at Town Centre Offices. Alternatively, contact Chris Potter on 01773 841397 for assistance. By local residents, voluntary groups and/or businesses in the Borough Local residents, voluntary groups and/or businesses in the Borough can also request the Committee to review a subject or matter of concern in the Borough. With public speaking encouraged at Improvement and Scrutiny Committee meetings, members of the public can now directly influence and help shape the scrutiny agenda. Under the Council’s Petition Scheme, petitions containing at least 750 signatures may require senior Council officers to be called to give evidence to the Improvement and Scrutiny Committee to explain progress on an issue or to explain the advice given to elected members to enable them to make a particular decision. This additional means of public access to scrutiny is designed to give petitioners a means of raising concerns where there are no formal appeal mechanisms or procedures. Improvement & Scrutiny Report 2016| 5 Councillor Call for Action (CCfA) In addition to the ‘call-in’ process, any member of the public can ask a Borough Council to refer an issue to the Improvement and Scrutiny Committee for consideration - this is called Councillor Call for Action. Details of how this operates are set out on the scrutiny pages of the Council’s website. Paper copies can also be supplied to anyone on request. CCfA bolsters the role of Councillors to respond to the needs of their area by giving them a new right to put issues of local concern on to the agenda of the Improvement and Scrutiny Committee. It is not intended as a first point of action, but instead is designed to be used where normal methods of resolution, such as use of the Council’s complaints system, have been exhausted. A local protocol has been prepared to explain how CCfA will work in practice. It is available on the website or from the Public Scrutiny Office. Since its introduction on 1 April 2009 we have not received a formal CCfA — we believe this is because councillors are usually able to resolve matters through less formal channels. Developing scrutiny and learning Scrutiny is a fundamental element of the Council’s political management system. All members are affected by scrutiny operations and actions and can access the service. As part of our commitment to learning and sharing information and good practice with other local authorities, we are members of the East Midlands Scrutiny Network and the Derbyshire Liaison Group. Public Scrutiny Office For further information about the role of Scrutiny at Amber Valley Borough Council please contact either of the following: Chris Potter Assistant Director (Legal and Democratic Services) Amber Valley Borough Council, Town Hall, Ripley, Derbyshire DE5 3BT Telephone: 01773 841397 E-mail: [email protected] Rebecca Smith Democratic Services Officer (Regulatory & Standards) Telephone: 01773 841631 E-mail: [email protected] Details are also available on the Council’s website: www.ambervalley.gov.uk 6 | Amber Valley Borough Council Scrutiny work undertaken in Amber Valley from January 2016 to December 2016 1. Roles and Responsibilities In October 2016, Chris Potter, the Assistant Director (Legal and Democratic Services) gave us refresher training on the roles and responsibilities of the Improvement and Scrutiny Committee. This was a useful reminder of our functions and duties. 2. Review of the Revenue and Capital budget 2016/17 Scrutinising the Council’s budget is one of our major tasks. We will be considering a Review of the budget for 2017/18 and the Revised Outturn for 2016/17 budget outturn at out meeting on 22 February 2017. In the latter part of 2015 and early part of 2016 we carried out a review of the priorities, budgets and performance indicators for each of the Cabinet Portfolios. Presentations were made by Cabinet Members with question and answer sessions. In October 2016, we considered an Officers Report that had previously been considered at the Full Council meeting held on 23 March 2016 in relation to the Capital Programme 2015/16 Revised Estimate & 2016- 17 Estimate. 3. “Call-in” of Cabinet Decisions One of the most important functions of the Committee is to exercise the right to “call in”, for reconsideration, decisions made but not yet implemented by the Cabinet. Although no requests to “call in” Cabinet decisions were made this year, in December we received a request to scrutinize the post-decision process relating to CCTV Capital Investment Decisions in 2014 and 2015, including implementation and the action plan timetable and we also received a request to scrutinize the Officer Establishment Restructure. We decided to timetable this on our work programme for 2017/18. 4. Policy Portfolio In April 2016 Councillor A Cox, Cabinet Portfolio Holder for Policy, gave us a presentation outlining the activities covered by his portfolio, how they met the Corporate Plan and an insight into the finances concerning the portfolio. Councillor Cox explained that the portfolio was wide in scope and he would focus on three key areas: Information Technology (IT), Exchequer and Democratic Services. With regard to IT, he reported that a computer virus had managed to get through the Council’s virus checker and as a result much of the Council’s work had had to stop for three days. The importance of the Council keeping on top of IT advances, especially security issues was noted. Exchequer pay 6000 invoices each year, deal with the payroll for 325 members of staff and issue over 3500 debtor invoices each year, for a wide range of activities including funerals, collection of commercial waste and large items. Improvement & Scrutiny Report 2016| 7 The Business Rates and National Non-Domestic Rates department bills, collects and recovers £32 million each year on behalf of the Council and other public bodies. In 2014/2015 the collection rate for Business Rates was 98.9% and this had increased in 2015/2016 to 99.0% The Council Tax department bills, collects and recovers £60 million in respect of 56,000 properties. In 2014/2015 the collection rate for Council Tax was 98.7% and this had increased in 2015/2016 to 98.8%. The Council collects as much Council Tax and Business Rates as it can, but in a fair and equitable way ensuring that procedures are followed. He explained that the Democratic Services department arranges and administers meetings and circulates reports and minutes. There are 92,000 voters in the Borough, and during implementation of the Individual Electoral Registration system some did not respond to the first three stages of canvassing and had been taken off the system as a result. 5. Housing and Public Health in the Borough In April 2016 Councillor David Taylor, the Cabinet Portfolio Holder for Housing and Public Health gave a presentation outlining the activities covered by his portfolio and how they met the Corporate Plan. We heard that over 95 affordable homes have been provided in Amber Valley in 2015/16 with 30 being delivered through the New Homes Bonus. The total number of additional homes provided in Amber Valley in 2015-16, as monitored through the planning process, was 431. A major initiative in recent years has been the Amber Valley Health Profile and life expectancy, based on the Public Health England annual report. This had been the basis for much of the work in this service area. He reported that in March, the Council had endorsed a proposal to create Amber Valley Dementia Action Alliance to sign up to the National Dementia Declaration and to work towards becoming a Dementia Friendly Community, and in September the Empty Property Strategy 2015-2019 had been adopted. A presentation had been held at Ripley Leisure Centre about the MediFit scheme, which enables members of the leisure centres to obtain medical advice from a consultant. Graham Taylor OBE, former England manager and Football Foundation Ambassador, officially opened a new floodlit third generation(3G) artificial grass pitch at Belper Leisure Centre in June Ripley and Alfreton Tennis Clubs had merged with the building of a new clubhouse already underway All of the Council’s leisure centres had retained the ‘Outstanding’ rating in a tough combined assessment by Sport England’s leading national quality scheme, Quest. The Council had made two successful prosecutions for major breaches of Health and Safety: an accident at Lockwood Holdings in Belper where the court fined the company £40,000 plus costs; and a fatal accident at Milford House care home with the owner fined £60,000 plus costs. 8 | Amber Valley Borough Council 6. Environment Portfolio In April 2016 Councillor David Wilson, the Cabinet Portfolio Holder for Environment gave a presentation outlining the activities covered by his portfolio, how they met the Corporate Plan and an insight into the finances concerning the portfolio. 87 full time employees are engaged on services covered by the portfolio, which has a net budget of £3.7 million (£5.8 million expenditure and £2.1 million income). The Council currently holds eight Green Flag Awards, the benchmark national standard for parks and green spaces in the UK, more than any other council in Derbyshire. Somercotes Park narrowly missed out and staff are working towards achieving the award this year. The Council has five open cemeteries and undertakes around 175 burials and 150 interments of cremated remains each year. Marpool and Ripley cemeteries will be full in the relatively near future, so the Council is exploring whether land off Aldreds Lane might be suitable for burials. Prior to 2009 the Alfreton Indoor Market had been leased out to a market operator but the operator invoked a break clause in the lease and it was handed back to the Council. It became apparent that there had been significant under-investment and since taking back the market the Council has replaced the roof and introduced new kiosks to improve the quality and usage of the market. We heard that general refuse collection costs are approximately £1.2 million each year, with additional costs incurred in relation to recycling, garden and trade waste, bringing the total cost of the service to £2.4 million each year. The Council does receive some income from trade waste and recycling credits, and a contribution from Derbyshire County Council in relation to the cost of delivery clinical waste for incineration. Following the introduction of new legislation, officers have been involved in wide scale microchipping of dogs. 7. Regeneration in the Borough In April 2016 Councillor Kevin Buttery, the Cabinet Portfolio Holder for Regeneration gave a presentation outlining the activities covered by his portfolio, how they met the Corporate Plan and an insight into the finances concerning the portfolio. Efforts are being made to reduce inequalities but investment is needed to grow the economy to achieve this. Infrastructure also needs greater investment and the provision of quality affordable housing is a priority. 28 employees are engaged on services covered by the portfolio, which has a net budget of £642,000 (£1.4 million expenditure and £802,200 income). There are 3,769 businesses in the Borough and 56,163 properties. The Council is working with other local authorities in Derbyshire to develop a ‘health check’ for the town centres. The challenge is to ensure local businesses expand and stay within the Borough, and the Council is mindful of competition from other local authorities who may be able to offer incentives for relocation. There are a variety of informal partnerships which give the opportunity to network and generate opportunities for businesses to gain access to training, funding and resources. Improvement & Scrutiny Report 2016| 9 It is also important to create a positive impression that will attract new businesses and assist in retaining existing ones, in turn leading to increased income. A negative impression will have the opposite effect and substantially increase the risk of disinvestment and decline, but whilst it can take many years to create a good impression, this can be lost very quickly. A STEAM Report has been undertaken for the Amber Valley Borough Council area by Global Tourism Solution (UK) Ltd which has highlighted how important visitor economy is to the area and emphasised the need to support and promote tourism. The Council is represented on the Board of ‘Visit Peak District & Derbyshire’, a destination management organisation that has been set up to promote the area. 8. Annual Crime and Disorder Meeting We held our annual crime and disorder meeting on 5 October 2016 at the Town Hall, Ripley and invited members of the public and representatives from various local organisations including Parish Councils and Derbyshire Fire and Rescue Service to join us to look at the work being carried out by the Police and partners to reduce crime in Amber Valley. The Chairman welcomed Inspector Howitt and Sergeant Curtis from Derbyshire Constabulary, together with Jo Selby and Bob Molloy from the Community Safety Partnership. The Community Safety Partnership had circulated a report in advance of the meeting and Jo Selby highlighted some of the key points from the report. Mrs Selby explained that due to changes to the Police records management system, data was only available up to May of this year, but showed a 6.6% reduction in anti-social behaviour, and that violent crime was in line with County and national trends, with approximately half relating to domestic violence. She also told us about the introduction of Theatre in Education performance and workshops to teach older primary school children about internet safety and child sexual exploitation, which had received extremely good feedback. Inspector Howitt explained that significant changes to the Policing model were taking place, and that Safer Neighbourhood Teams were under review, but that there would be four new police officers from November. Members of the Committee were given opportunity throughout to raise questions and receive a response. 9. Regulation of Investigatory Powers Act 2000 In line with the national Code of Practice, the Committee regularly reviews the Council’s use of RIPA under its surveillance policies. It was once again noted that legislative changes made by the Protection of Freedoms Act 2012, which came into effect on 1 November 2012, meant that authorisations for surveillance are subject to Magistrates’ Court approval. RIPA is potentially a matter of great sensitivity and raises civil liberties issues. Although usage of these surveillance powers have been used sparingly, it is in the public interest that periodic reports are made to this Committee. At our meeting on 5 October 2016 we were advised that the Office of surveillance Commissioners had undertaken an assessment of the Council’s procedures. On 23 August 2016, Sir David Clarke, one of the Assistant Surveillance Commissioners, confirmed that he had sent a report to the OSC and that a copy would be sent by the Chief Surveillance Commissioner to the Council in due course. He confirmed that he would not be making any formal recommendations. 10 | Amber Valley Borough Council