Local democracy

Agenda, decisions and minutes

Venue: Committee Room 1 - City Hall, Bradford. View directions

Contact: Kanwal Amrez 07929070288 

Items
No. Item

41.

ALTERNATE MEMBERS (Standing Order 34)

The Director of Legal and Governance will report the names of alternate Members who are attending the meeting in place of appointed Members. 

 

42.

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 must consider their interests, and act according to the following:

 

Type of Interest

You must:

 

 

Disclosable Pecuniary Interests

Disclose the interest; not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

 

Other Registrable Interests (Directly Related)

OR

Non-Registrable Interests (Directly Related)

Disclose the interest; speak on the item only if the public are also allowed to speak but otherwise not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

 

 

Other Registrable Interests (Affects)

OR

Non-Registrable Interests (Affects)

Disclose the interest; remain in the meeting, participate and vote unless the matter affects the financial interest or well-being

 (a) to a greater extent than it affects the financial interests of a majority of inhabitants of the affected ward, and

(b) a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest;

in which case speak on the item only if the public are also allowed to speak but otherwise not do not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

(2)       Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(3)       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. 

 

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

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

43.

MINUTES

Recommended –

 

That the minutes of the meeting held on 24 November 2022 be signed as a correct record.

 

(Kanwal Amrez – 07929 070 288)

Minutes:

Resolved –

 

That the minutes of the meeting held on 24 November 2022 be signed as a correct record.

44.

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. 

 

(Kanwal Amrez – 07929 070 288)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

45.

AUDIT COMPLETION REPORT 2021/22 - AUDIT OF CBMDC - PROGRESS UPDATE pdf icon PDF 94 KB

The External Auditor will present Document “Y” which summarises the findings from the audit of the City of Bradford Metropolitan District Council.

 

The report provides the Governance and Audit Committee with an update on progress in delivering the responsibilities of the external auditors. It also includes a summary of recent national reports and publications for information.

 

 

Recommended –

 

That the update detailed in Document “Y” be noted.

 

(Nicola Hallas – 07824 086 593)

Additional documents:

Minutes:

The External Auditor presented (Document “Y”) which summarised the findings from the audit of the City of Bradford Metropolitan District Council.

 

The report provided the Governance and Audit Committee with an update on progress in delivering the responsibilities of the external auditors. It also included a summary of recent national reports and publications for information.

 

Members of the Committee were advised that the final report will be presented at the next Governance and Audit Committee in March 2023.

 

Resolved –

 

That the update detailed in Document “Y” be noted.

 

 

46.

STATEMENT OF ACCOUNTS 2021/22 - PROGRESS UPDATE

The Director of Finance and IT will provide a verbal update on progress on the Council’s 2021-22 draft Statement of Accounts.

 

Due to a national issue effecting infrastructure both the Statement of Accounts and the Audit Completion Report will not be brought to Governance and Audit, until March 2023. The Government is putting a statutory override into place on 25th December 2022, however guidance for the application of this statutory override, is not expected until January 2023 (no date has yet been specified).

 

Until this guidance has been received and interpreted (from both an accounting practitioner and auditor’s perspective) the impact on the 2021-22 Statement of Accounts cannot be assessed, implemented and audited.

 

As such the Statement of Accounts and Audit Completion Report will not be ready for sign off by the Governance and Audit Committee, in January 2023. This is an issue which will impact the sign off dates of all Authorities with infrastructure assets, with many other Authorities still awaiting sign off of their 2020-21 Statements.

 

 

 

Recommended –

 

That the financial position of the Council’s 2021-22 Statement of Accounts be noted.

 

(Rachel Gledhill-Moseley – 07966 307065)

Minutes:

The Director of Finance and IT provided a verbal update on progress on the Council’s 2021-22 draft Statement of Accounts.

 

Members of the Committee were advised that the final written report will be presented at the next Governance and Audit Committee in March 2023.

 

 

Resolved –

 

That the financial position of the Council’s 2021-22 Statement of the Accounts be noted.

 

ACTION: Director of Finance and IT

 

47.

REGULATION OF INVESTIGATORY POWERS ACT 2000 (RIPA 2000) - LEVEL OF USE (QUARTERLY REVIEW) pdf icon PDF 100 KB

The Director of Legal and Governance will submit Document “Z” which provides information relating to:

·         The number of authorised and approved covert surveillance operations (Nil return) undertaken by the Council’s criminal investigation teams during 2022.

 

·         The use of the Council’s CCTV equipment by the Police/ Department of Work and Pensions (DWP) for covert surveillance.

 

 

Recommended –

 

That the contents of the report Document “Z” be noted.

 

(Linda Bailey - 07814 779 093)

Minutes:

The Director of Legal and Governance submitted (Document “Z”) which provided information relating to:

 

·         The number of authorised and approved covert surveillance operations (Nil return) undertaken by the Council’s criminal investigation teams during 2022.

 

·         The use of the Council’s CCTV equipment by the Police/ Department of Work and Pensions (DWP) for covert surveillance.

 

It was reported that that all departments returned a nil return for 2022, this indicated that the enforcement teams’ criminal investigators were able to obtain evidence without the need for covert surveillance.

 

The Officer reported that the Council owned a substantial CCTV system which assisted the West Yorkshire Police and the Council in the prevention and detection of crime within the centres of Bradford, Bingley, Shipley, Keighley, Silsden, Ilkley, Baildon, Wrose, Oakworth, Wibsey and Idle. The CCTV equipment was occasionally used by the Police or DWP. In order for the Police or DWP to use the Council CCTV for directed surveillance evidence must be provided to the Council’s CCTV manager that the use of the CCTV was necessary and proportionate to detect or prevent crime in a police operation.

 

 

The Officer reported that the Council’s RIPA Co Coordinator and Monitoring Officer reviewed the Council’s Policy and Guidance document in January each year and the review was currently being undertaken.

 

Members were keen to understand what the total number of criminal investigations were carried out in the last 6 months.

In response the Officer advised that he did not have the figures but would be happy to provide.

 

Members were keen to understand how useful CCTV was in solving crimes.

In response the Officer advised that the next report would have more context including figures.

 

 

 

Resolved –

 

That the contents of the report Document “Z” be noted.

 

48.

LGO COMPLAINTS pdf icon PDF 125 KB

The Strategic Director for Health & Wellbeing will present Document “AA” the report will provide details of an investigation into a complaint lodged by a Bradford resident into the service he received from Bradford Council’s Adult Care Social Service in 2019, the LGSCO undertook a detailed investigation and found fault causing injustice with recommendations made. The LGSCO have published this as a public interest report, with a request that the report is presented to a committee of elected members.

 

 

Recommended –

 

That Members formally receive this report and comment on its content and the response from the Council.

 

(Iain Macbeath - 01274 432990)

Additional documents:

Minutes:

The Strategic Director for Health & Wellbeing presented (Document “AA”) the report provided details of an investigation into a complaint lodged by a Bradford resident into the service he received from Bradford Council’s Adult Care Social Service in 2019, the LGSCO undertook a detailed investigation and found fault causing injustice with recommendations made. The LGSCO published this as a public interest report, with a request that the report was presented to a committee of elected members.

 

Members of the Committee were concerned to read the extent of the poor experiences of the complainant, reflected that the report made a ‘pretty damning reading’ and that a number of opportunities to support him more appropriately had been missed.

 

The Committee also commented positively on the council’s comprehensive response to the report, but explored in detail why the Care Act 2014 had not been properly embedded into the council’s practice at that time for people with autism and sought assurances that this would not happen again.

 

Members were particularly interested in how the service user was passed around between mental health teams and adult social care, and commented that this did not suggest the two organisations were working together as one.

 

Members of the Committee sought assurance that this was now resolved and no similar complaints had been received.

 

Members also explored the training offer to social workers, that this was a rolling programme of training to deal with turnover of staff and that there was higher level training continually available for autism champions.

 

Members explored the possibility of practice quality audit processes being part of the council’s internal audit plan for adults and children’s social care in 2023/24.

 

Members were keen to understand if there was an audit process in place to identify such issues in the service.

 

In response the Officer reported that there was an internal audit process in place and assessments were checked by managers. The Officer provided assurance that there was a much more robust system in place to ensure good level of service.

 

 

Resolved –

 

That Members noted the report and the responses from Council.

 

ACTION: Director of Health & Wellbeing

49.

ANNUAL GOVERNANCE STATEMENT REVIEW pdf icon PDF 144 KB

The Director of Finance and IT will submit Document “AB” the report reviews progress on the significant governance concerns reported in the Council’s Annual Governance Statement 2021-22.

 

Recommended -

 

That members –

 

·         Review the information contained in this report and the progress made in addressing the significant governance challenges.

·         Endorse the further actions planned.

·         Alert officers and Members to any emerging governance concerns requiring review during the 2022-23 process.

 

(Mark St Romaine - 07890 418375)

 

Minutes:

The Director of Finance and IT submitted Document “AB” the report reviewed progress on the significant governance concerns reported in the Council’s Annual Governance Statement 2021-22.

 

It was reported that the Governance and Audit Committee would be kept informed of the progress in addressing weaknesses and areas of concern.

The following governance challenges were identified by the Annual Governance Statement;

-          Safeguarding Vulnerable Children

-          Elective Home Education

-          Ensuring an effective, integrated system of health and social care

-          Key Staffing Skills

-          Budget pressures

-          Procurement

The Officer reported that a review of these governance issues had been undertaken and the update was provided in Appendix 1 of the report.

 

Members sought further clarification on how cases and needs were assessed for Elective Home Education (EHE) and the new Schools Bill.

 

The Officer reported that the Schools Bill is set to deliver on the government’s mission to raise standards across the country, increasing attendance and improve safeguarding for children wherever they are educated. However, the new Bill would not provide any funding. The parent does not need the agreement of the school or Local Authority to home educate your child, however, a parent could request a statutory assessment or reassessment of their child’s needs in the same way as a child attending a school if the child was attending a special school.

 

Members were concernedthat there was an increasing number of vulnerable children educated at home or outside school who may not be receiving an effective education. Some also may not be known to the agencies that were there to protect them. As stated in the report, there was a potential risk that children who were home educated may be perceived as ‘unseen’ and therefore possibly more at risk.

 

The Officer reported that there were new requirements set out by the Schools Bill which required local authorities to keep a register of Children Not in School but this would require significant extra resource.

 

 

Resolved –

 

1.    That Members noted the information contained in the report and Document “AB” and the progress made in addressing the significant governance challenges.

2.    That Members endorsed further actions planned as detailed in Appendix 1.

3.    That officers and Members are made aware of any emerging governance concerns requiring review during 2022-23.

 

ACTION: Director of Finance and IT