Agenda and decisions

Executive - Tuesday, 7th June, 2022 10.30 am

Venue: Council Chamber- City Hall, Bradford

Contact: Jill Bell / Yusuf Patel 

Items
No. Item

1.

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.

 

2.

MINUTES

Recommended –

 

That the minutes of the meeting held on 1 March and 5 April 2022 be signed as a correct record (previously circulated).

 

(Jill Bell / Yusuf Patel - 01274 434580 434579)

 

3.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jill Bell / Yusuf Patel - 01274 434580 434579)

4.

APPOINTMENT OF DEPUTY CHAIR

The Chief Executive will report on the allocation, by the Leader of the
Council, of the appointment of Deputy Chair for the Municipal Year
2022/2023.

(Kersten England – 01274 434353)

 

Decision:

Resolved -

 

That it be noted that Councillor I Khan had been appointed, by the Leader of Council, as Deputy Chair for the Municipal Year 2022/2023.

 

ACTION: City Solicitor

 

5.

ALLOCATION OF PORTFOLIOS OF EXECUTIVE FUNCTIONS pdf icon PDF 246 KB

 

(Executive Procedure Rules – Part 3D of the Constitution)


The Chief Executive will report on the allocation, by the Leader of the
Council, of Portfolios of Executive functions to members of the
Executive.


(Kersten England – 01274 434353)

 

Decision:

Resolved –

 

That the allocation, by the Leader of the Council, of Portfolios of Executive functions to Members of the Executive be noted.

 

ACTION: City Solicitor

 

6.

RECOMMENDATIONS TO THE EXECUTIVE

To note any recommendations to the Executive that may be the subject of report to a future meeting.  (Schedule to be tabled at the meeting). 

 

 (Jill Bell / Yusuf Patel - 01274 434580 434579)

 

CHILDREN AND FAMILIES PORTFOLIO

RECOMMENDATIONS
12.1 Recommendations have been made based on the assumptions within the
report / working assumptions and are required in order to successfully
progress the effective establishment of the Children’s Trust.
12.2 It is recommended that:
i. Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, City Solicitor, Trust
Chair Designate and the DfE) to agree the final name for the
Children’s Trust.
ii. Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
sign the Memorandum of Understanding on behalf of the
Council, recognising that although it is not technically, a legally
binding document it will, in practice, commit the Council to the
course of action described within it.
iii. The Executive approves the establishment of the Children’s Trust
as a wholly owned Company Limited by Guarantee. Following
the appointment of the Chair and the other directors, the
company should then decide whether to seek registration as a
Community Interest Company.
iv. Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
adopt the Articles of Association on behalf of the Council.
v. Delegated Authority be given to the Chief Executive to lead
negotiations with DfE on behalf of the Council to (amongst other
matters):
Page 26
27
a. negotiate the suite of corporate, commissioning and
ancillary documentation necessary for the
implementation of the arrangements with the Children’s
Trust.
b. Undertake appropriate consultation with the Section 151
and Monitoring Officer.
c. Agree the contract sum and the corporate support
services (amongst other matters such as VAT and tax
treatment).
d. Establish the ‘best negotiated position’ for the Council
that meets the legal requirements imposed by the
Direction and references the needs of the Company in
relation the effective delivery of the transferring services.
e. In reference to the recommendations contained in
subparagraphs a-d above, negotiate and agree the
terms of any other contractual and corporate
documentation referenced within the MoU such as the
Governance Side Agreement, Service Delivery Contract,
any support services agreement, pensions agreements,
occupation agreements for property, deed of novation of
third party contracts and other formal agreements, legal
or otherwise, including satisfying and complying with all
procurement and corporate or Council governance
requirements that may be required to enable these
recommendations to be implemented.
f. Any key decisions in relation to the above to be
undertaken in consultation with the Leader of the
Council and the relevant Portfolio Holders.
vi. In order to provide effective strategic leadership of the Children’s
Trust a Chief Executive be appointed. The recruitment of the
Chief Executive should commence immediately in liaison with
the Chair of the Children’s Trust as per the terms of the MoU that
are summarised in Appendix 3 of this report. Agreement that
Interim arrangements may need to be put in place in order to
Page 27
28
make progress with the establishment of the Children’s Trust
board and associated contract negotiations.
vii. The Executive approve the following proposed scope of services
for which the Children’s Trust will be responsible from 1 April
2023:
i. Children’s Social Care
ii. Early Help & Prevention
iii. Youth Justice Board
And reserve for future decision, the process for finalising the
scope of corporate support services.

viii.

Bi-monthly reports are brought to the Executive with the next
report scheduled for August.

13.3 The Executive is asked to note:
a) The DfE appointment of Steve Walker and Eleanor Brazil as
Commissioners to support Children’s Social Care Improvement and the
establishment of the Children’s Trust.
b) The appointment of PWC to provide Programme Director / Programme
Management support to the process.
c) The appointment of Bevan Brittan as external legal advisors to the
Council
d) The appointment of Eileen Milner as Chair of the Children’s Trust
following a competitive selection process undertaken in partnership with
the DfE. The Council welcomes Eileen to the role and looks forward to
future working relationships.
e) Consultation and engagement will continue. This will include full TUPE
consultation with employees due to transfer to the Trust.
f) The high-level programme plan and governance arrangements
programme to establish the Children’s Trust
Page 28 (Councillor Duffy)

7.

FOSTERING FEES FOR BRADFORD FOSTER CARERS pdf icon PDF 1 MB

The report of the Strategic Director of Children’s Services (Document “A”) outlines proposals regarding fostering fees paid to foster carers.

The report details proposals for changes to the schedule of allowances for foster carers approved by City of Bradford Metropolitan District Council. These revisions will ensure equality and fairness across all approved foster carers, competitive rates of remuneration for recruitment and retention of carers and a clear process for progression through the skill levels. We have ensured that no existing foster carer will experience financial loss as a result of these proposals. A draft Policy is annexed to this Report.

 

 

Recommended -

 

That the Executive is invited to:

 

(1)  Note this Report and to approve the implementation of the scheme, set out in the annexed Foster Carer Payments Policy, with immediate effect; and

 

(2)  Authorise the Strategic Director of Children’s Services to receive and, in consultation with the Foster Carer Association, consider feedback on the Policy quarterly during the first 12 months of its operation, and to decide in the light thereof, together with any other considerations including equality impact assessment, whether to continue operation of the Policy in its current form or refer it back to the Executive for further consideration and modification.

 

 (John Heron – 01274 43

 

Additional documents:

Decision:

Resolved –

 

(1)       That Document “A” be noted, and the implementation of the scheme, set out in the annexed Foster Carer Payments Policy, be approved with immediate effect.

 

(2)       That the Strategic Director of Children’s Services be authorised to receive and, in consultation with the Foster Carer Association, consider feedback on the Policy quarterly during the first 12 months of its operation, and to decide in the light thereof, together with any other considerations including equality impact assessment, whether to continue operation of the Policy in its current form or refer it back to the Executive for further consideration and modification.

 

ACTION: Strategic Director of Children’s Services

 

8.

DEVELOPMENT PLAN FOR CHILDREN'S HOMES pdf icon PDF 315 KB

 

The report of the Strategic Director of Children’s Services (Document “B”) details proposals for the future development of the children’s homes maintained by the City of Bradford Metropolitan District Council. It is essential that the Council as a corporate parent is able to provide high quality care for children requiring residential provision within premises which are homely and fit for purpose. The range of needs that can be met within the homes also needs to be tailored to meet our strategic needs in line with the recently completed sufficiency strategy for placements.

 

 

Recommended -

 

(1)       That the children’s home at Valley View that has previously provided care for disabled children should be confirmed for closure on the basis that it has been effectively inoperative for nearly twelve months and does not provide a physical environment that is consistent with the care of children.

 

(2)     That alongside the decision to close Valley View it is also recommended that the former BEST service does not resume on the basis that the health funding that underpinned it has been directed into other alternative projects.

 

(3)       That the previous decision to allocate capital funding for a new build project at Fell Lane is rescinded on the grounds that the scale and nature of the proposed project is no longer consistent with the services strategic needs.

 

(4)     That in principle agreement is given for a potential new build project aimed at increasing short term break capacity for disabled children and in particular those with complex needs associated with neuro-diversity developmental issues.

 

(5)       That in principle, agreement is given for the development of six additional small group homes via either purchase or rental to include the disposal of the site at Meadowlea, to be replaced with two linked small group homes with a revised focus.

 

(6)       That in principle agreement is given to the development of linked staying close flats via either purchase or rental for the supported transition of young people from the homes into the community

 

(Philip Segurola – 01274 431867)

Additional documents:

Decision:

Resolved -

 

(1)       That the children’s home at Valley View that has previously provided care for disabled children should be confirmed for closure on the basis that it has been effectively inoperative for nearly twelve months and does not provide a physical environment that is consistent with the care of children.

 

(2)     That alongside the decision to close Valley View it is also recommended that the former BEST service does not resume on the basis that the health funding that underpinned it has been directed into other alternative projects.

 

(3)       That the previous decision to allocate capital funding for a new build project at Fell Lane is rescinded on the grounds that the scale and nature of the proposed project is no longer consistent with the services strategic needs.

 

(4)     That in principle agreement is given for a potential new build project aimed at increasing short term break capacity for disabled children and in particular those with complex needs associated with neuro-diversity developmental issues.

 

(5)       That in principle, agreement is given for the development of six additional small group homes via either purchase or rental to include the disposal of the site at Meadowlea, to be replaced with two linked small group homes with a revised focus.

 

(6)       That in principle agreement is given to the development of linked staying close flats via either purchase or rental for the supported transition of young people from the homes into the community

 

ACTION: Strategic Director of Children’s Services

9.

OFSTED MONITORING VISIT pdf icon PDF 228 KB

The Strategic Director Children’s Services will present a report (Document “C”) following Ofsted’s Inspection of Children’s Social Care Services from the 17 to 28 September 2018, the seventh of a series of Monitoring Visits took place on the 2 and 3 February 2022.  

 

The focus of the Monitoring Visit was around the protection of vulnerable adolescents (contextual safeguarding).

 

The findings were published by Ofsted on 9 March 2022.

 

 

Recommended -

 

The Executive is asked to note the contents of the letter from Ofsted.

 

(David Johnson – 01274 432904)

 

 

Additional documents:

Decision:

Resolved -

 

That the contents of the letter from Ofsted be noted.

 

ACTION: Strategic Director of Children’s Services

 

10.

ESTABLISHING THE CHILDREN'S TRUST pdf icon PDF 781 KB

The report of the Chief Executive (Document “D” To Follow) outlines the background to the establishment of the Children’s Trust, the progress to date and critical next steps. The report also makes a number of recommendations to the Executive.

 

NOTE: due to the complex and evolving nature of the information informing this item, the report is still under finalisation and will therefore be delayed in distribution, but will be provided as soon as it is finalised.

 

 

(Chris Chapman – 01274 433656)

Decision:

Resolved that –

 

i.     Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, City Solicitor, Trust
Chair Designate and the
DfE) to agree the final name for the
Children’s Trust.

 

ii.     Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
sign the Memorandum of Understanding on behalf of the
Council, recognising that although it is not technically, a legally
binding document it will, in practice, commit the Council to the
course of action described within it.

 

iii.    The Executive approves the establishment of the Children’s Trust
as a wholly owned Company Limited by Guarantee. Following
the appointment of the Chair and the other directors, the
company should then decide whether to seek registration as a
Community Interest Company.

 

iv.   Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
adopt the Articles of Association on behalf of the Council.

 

v.    Delegated Authority be given to the Chief Executive to lead
negotiations with
DfE on behalf of the Council to (amongst other
matters):

 

a.    Negotiate the suite of corporate, commissioning and ancillary documentation necessary for the implementation of the arrangements with the Children’s Trust

 

b.   Undertake appropriate consultation with the Section 151
and Monitoring Officer.

 

c.   Agree the contract sum and the corporate support
services (amongst other matters such as VAT and tax
treatment).

 

d.   Establish the ‘best negotiated position’ for the Council
that meets the legal requirements imposed by the
Direction and references the needs of the Company in
relation the effective delivery of the transferring services.

 

e.   In reference to the recommendations contained in
subparagraphs a-d above, negotiate and agree the
terms of any other contractual and corporate
documentation referenced within the
MoU such as the
Governance Side Agreement, Service Delivery Contract,
any support services agreement, pensions agreements,
occupation agreements for property, deed of novation of
third party contracts and other formal agreements, legal
or otherwise, including satisfying and complying with all
procurement and corporate or Council governance
requirements that may be required to enable these
recommendations to be implemented.

 

f.    Any key decisions in relation to the above to be
undertaken in consultation with the Leader of the
Council and the relevant Portfolio Holders.

 

vi.    In order to provide effective strategic leadership of the Children’s
Trust a Chief Executive be appointed. The recruitment of the
Chief Executive should commence immediately in liaison with
the Chair of the Children’s Trust as per the terms of the
MoU that
are summarised in Appendix 3 of this report. Agreement that
Interim arrangements may need to be put in place in order to
make progress with the establishment of the Children’s  ...  view the full decision text for item 10.

HEALTHY PEOPLE AND PLACES PORTFOLIO

(Councillor Ferriby)

11.

HOW DO WE MAXIMISE THE LEGACY OF UK CITY OF CULTURE BID? pdf icon PDF 501 KB

The bid for UK City of Culture has galvanised the city, generated unprecedented positive media coverage with an editorial value of £1,497,820 of positive media coverage and has already laid several strong foundations for the development of culture and the creative industries. In 2019 a strategic investment of £1,435,000 was committed, this investment has generated a return of £5,231,928.  The report of the Strategic Director of Place (Document “E” TO FOLLOW) looks at how the district can maximise momentum, address gaps in place and investment marketing and continue the commitment to culture & creative industries as driver to support our ambitions for clean growth, making the Bradford district a stronger palace to invest, promote and live. The report also requires a decision on the strategic development of a Place Marketing and Investment Partnership for Bradford. (See Appendix 1)

 

It looks at how can we optimise the momentum and legacy of bidding to the greatest advantage for Bradford district.

 

NOTE: due to the complex and evolving nature of the information informing this item, the report is still under finalisation and will therefore be delayed in distribution, but will be provided as soon as it is finalised.

 

 

 

(Nicola Greenan – 01274 431301) 

 

Additional documents:

Decision:

Resolved –


(1)       That the Executive recognises the importance of securing and maximising the legacy of bidding UK City of Culture irrespective     of the             outcome of the bid and sees the cultural, economic and    social benefits to be gained by 2030 in both scenarios.


(2)       That in the event of winning, the executive considers further full          legacy investment for district of £7,119,434 will be required to    realise levelling up gains of a successful bid.


(3)       That the Strategic Director of Regeneration explores further      funding opportunities from external agencies and partners   alongside the Council’s own funding.


(4)       That additional investment is proposed to be identified within   2023/24 budget proposals and Medium Term Financial Planning     considerations and reported to the Executive as part of future          budget consultation exercises.


(5)       That support recommendations to invest in a Place and Investment   Marketing Partnership at £309,000 a year for staff          costs, and hosting costs, with additional marketing, PR and             campaigns resourced at £275,000 through realignment of some             existing budgets and securing funding from other partners which       is included in the above commitment            of £7,119,434 million

 

ACTION: Strategic Director of Place

REGENERATION, PLANNING & TRANSPORT PORTFOLIO

(Councillor Ross-Shaw)

12.

COUNCIL OWNED LAND AT NORTH STREET/CAVENDISH STREET, KEIGHLEY pdf icon PDF 403 KB

The Strategic Director of Corporate Resources will present a report (Document “F”) in respect of recommendations relating to the Petition received by the Council in support of the proposed development of the Health and Wellbeing hub on the former Keighley College sites on North Street and Cavendish Street, Keighley.

 

Recommended -

 

To accept the Petition and progress with the proposal for the development of the Community Health & Wellbeing Centre as detailed in Document “F”.

 

 

 

(Alistair Russell – 07973 885399)

 

 

Additional documents:

Decision:

Resolved -

 

That the Petition be accepted and the proposal for the development of the Community Health & Wellbeing Centre as detailed in Document “F” be progressed.

 

ACTION: Strategic Director of Corporate Resources

 

13.

EXCEPTION TO THE FORWARD PLAN

NOTE

 

The following item is included on this agenda as an exception to the Forward Plan in accordance with the provisions of Paragraph 10 (General Exception to the Forward Plan) of Part 3D of the Constitution.

Accordingly, the proper officer has notified in writing the Chair of the Regeneration and Environment Overview and Scrutiny Committee of the matter on which the decision is to be made.

 

 

14.

BRADFORD ENTERPRISE ZONES BUSINESS RATES RELIEF SCHEME pdf icon PDF 684 KB

In 2017 Bradford was successful in obtaining Enterprise Zone status for three sites in the District.  Enterprise Zone status allows businesses locating or expanding within the designated zones to apply for relief from Business Rates for a set period.

 

The Strategic Director of Place will present Document “G” which seeks approval for the implementation of a business rates relief scheme which awards relief to eligible companies.

 

Recommended -

           

(1)  That Executive approve adoption of the Bradford Enterprise Zone Business Rate Relief scheme.

 

(2)  That Delegated authority be given to Strategic Director – Corporate Resources to recommend approvals of rate relief under the scheme.

 

(3)  That the Strategic Director of Place be given delegated authority to undertake discussions with the West Yorkshire Combined Authority on the treatment and payment of Enterprise Zones business rates in consultation with the Director of Finance & IT, Strategic Director of Corporate Resources and the Leader of the Council, the terms of any agreement will be referred to the Executive for approval. 

 

(Regeneration & Environment Overview & Scrutiny Committee)

(Dave Partridge – 01274 432161)

 

Decision:

Resolved -

           

(1)  That the adoption of the Bradford Enterprise Zone Business Rate Relief scheme be approved.

 

(2)  That Delegated authority be given to Strategic Director – Corporate Resources to recommend approvals of rate relief under the scheme.

 

(3)  That the Strategic Director of Place be given delegated authority to undertake discussions with the West Yorkshire Combined Authority on the treatment and payment of Enterprise Zones business rates in consultation with the Director of Finance & IT, Strategic Director of Corporate Resources and the Leader of the Council, the terms of any agreement will be referred to the Executive for approval. 

 

ACTOIN: Strategic Director of Corporate Resources

 

15.

NATIONAL REVIEW INTO THE MURDERS OF ARTHUR LABINJO-HUGHES AND STAR HOBSON pdf icon PDF 441 KB

NOTE: The Leader has permitted an additional item relating to the National Review into the deaths of Star Hobson and Arthur Labinjo Hughes to be considered at this meeting owing to the reasons of special urgency. 

 

This is because the report was published on the 26 May 2022 and this report could not be published prior to this due to a national embargo from DfE.  This cannot be delayed until the next meeting of the Executive.

 

Following the tragic deaths of Arthur Labinjo-Hughes in Solihull in June 2020, Star Hobson in Keighley, Bradford in September 2020, and the subsequent two murder trials and convictions in December 2021 of their parents and partners, a national review of learning from the two cases was initiated.

 

The review was undertaken by the national independent Child Safeguarding Practice Review Panel. This panel commissions reviews of serious child safeguarding cases, focusing on improving learning, professional practice and outcomes for children, based on the possibility of identifying improvements from cases that it views as complex or of national importance.

 

The review's primary focus was to try and understand how and why public services and systems designed to protect children were not able to do so. The review looked in detail at service responses to the two children's experiences, to make sense of what can be learned and must do differently in the future locally and nationally. The review, published on 26May 2022 has six local and eight national recommendations. The Executive report (Document “H”) focuses primarily on the national and local recommendations in respect of Star Hobson.

 

RECOMMENDATIONS

 

(1)  There is nothing more important than getting services right for children young people in the district.

 

(2)  The Council Executive commit to working closely with the partners to deliver on every one of the recommendations within the developmental action plan, and progressing at pace the extensive wider work underway across the partnership.

 

(Children’s Services Overview & Scrutiny Committee)

 

(Darren Minton – 01274 434361)

Decision:

Resolved -

 

That there is nothing more important than getting services right for children young people in the district.  The Council Executive commit to working closely with the partners to deliver on every one of the recommendations within the developmental action plan, and progressing at pace the extensive wider work underway across the partnership.

 

ACTION: Chief Executive