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Items
No. Item

61.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

Councillor D Smith disclosed that he knew a member of the public in attendance at the meeting but he was not related to them.

 

Councillor Peart disclosed that she had friends who were foster carers.

62.

CALL-IN FOSTERING ALLOWANCES REVIEW pdf icon PDF 427 KB

On 10 January 2017 the Executive considered the report of the Strategic Director Children’s Services (Executive Document “AS”) which set out the proposals to;

 

Align the level of fostering allowances ensuring that payments for all fostering, special guardianship, Child Arrangement Orders (formerly Residence Orders) and adoption are all paid at the same rates as required by law.

 

The proposal to bring fostering allowances in line with statutory requirements will achieve affordable equity for children for whom Bradford has a financial responsibility by ensuring that they are not disadvantaged as a result of the permanency option that best meets their needs.

 

 

Executive Resolved –

 

That Option 2 – Reducing Fostering allowances to the Government minimum allowances over a two year period with effect from 01 April 2017 be approved.

 

ACTION: Strategic Director Children’s Services

 

Overview and Scrutiny Area:  Children’s Services                                           

 

 

The decision of the Executive has been called in.  The reasons for the call in are set out below:

 

In accordance with Paragraph 8.6.2 of the Council Constitution, I request that the decision of the Executive Committee, 10 January 2017, relating to Agenda Item7, Fostering Allowances Review, be called in for the reasons detailed below.

 

·         It is acknowledged by the council that Foster Carers already possess a strong sense of being undervalued, though the report provides members with no indication or projection of the potential impact that the implementation of the Executive’s decision, may have upon the Council’s Sufficiency Duty in relation to looked after children.

 

·         Whilst the report makes reference to legal requirements relating to payments made to the carers of Looked After Children and the actions of the Courts, in to date rejecting local authority justifications for differences in allowances paid to the different types of carers, the information provided regarding the legal requirements is not sufficient for members to ascertain whether the Council’s circumstances are comparable and thus whether any legal obligations are likely to be breached.  

 

 

 

 

In response to the Call-In, the Strategic Director of Children’s Services will submit Document “AG” (to follow) which provides a commentary on the call-in.

 

In accordance with Paragraph 8.6.9 of Part 3E of the Constitution Members of the Overview and Scrutiny Committee can following consideration of the matter resolve to:

 

(1)       Release the decision for implementation.

 

(2)      Refer all or part of the decision back to the Executive to reconsider it in the light of any representations the Committee may make. The decision may not be     implemented until the Executive has met to reconsider its earlier decision.

 

(3)      Refer the decision to full Council for consideration, in which case the decision may not be implemented until the Council has met to consider the matter.

 

If the Committee makes no resolution, in accordance with paragraph 8.6.9 of the Constitution, the decision may be implemented.

 

 

                                                                        (Jim Hopkinson - 01274 432904)

Additional documents:

Minutes:

 

On 10 January 2017 the Executive considered the report of the

Strategic Director Children’s Services (Executive Document “AS”)

which set out the proposals to;

 

Align the level of fostering allowances ensuring that payments for all

fostering, special guardianship, Child Arrangement Orders (formerly

Residence Orders) and adoption are all paid at the same rates as

required by law.

 

The proposal to bring fostering allowances in line with statutory

requirements would achieve affordable equity for children for whom

Bradford had a financial responsibility by ensuring that they were not

disadvantaged as a result of the permanency option that best meets

their needs.

 

Executive Resolved –

 

That Option 2 – Reducing Fostering allowances to the

Government minimum allowances over a two year period

with effect from 01 April 2017 be approved.

 

The decision of the Executive was called in.  The reasons for the call in were set out below:

 

·         It is acknowledged by the council that Foster Carers already possess a strong sense of being undervalued, though the report provides members with no indication or projection of the potential impact that the implementation of the Executive’s decision, may have upon the Council’s Sufficiency Duty in relation to looked after children.

 

·         Whilst the report makes reference to legal requirements relating to payments made to the carers of Looked After Children and the actions of the Courts, in to date rejecting local authority justifications for differences in allowances paid to the different types of carers, the information provided regarding the legal requirements is not sufficient for members to ascertain whether the Council’s circumstances are comparable and thus whether any legal obligations are likely to be breached.  

 

In response to the Call-In, the Strategic Director of Children’s Services submitted Document “AG” which provided a commentary on the call-in.

 

The Deputy Director, Children’s Social Care expressed his appreciation for the valuable service provided by foster cares to the most vulnerable children in the district and acknowledged their concerns.  He also thanked those who had sent supporting messages.   He summarised the background from 2015 and referred to the decision of the Executive of 10 January Executive which had been called-in.  He referred to the reasons for call-in which related to sufficiency and clarity on legal obligations.

 

 

He added that clear legal advice had been given that the allowance paid in relation to Foster Carers, Special Guardians, Family and Friends and Adoption and Residence Orders should be the same.  He explained that the authority could either equalise up (which would have a financial impact) or revise all rates to that set by the Department for Education (while understanding that this was a reduction).  The introduction of the new rate would be staggered over 2 years.

 

He went on to advise members that fees and allowances had been compared to other authorities in the area.  In the vast majority of circumstances Bradford compared favourably to other authorities.  It was accepted that  there would be circumstances where individual foster cares would do better in another authority.  The vast  ...  view the full minutes text for item 62.