Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 11th April, 2019 10.00 am

Venue: the Banqueting Hall - City Hall, Bradford. View directions

Contact: Claire Tomenson 

Items
No. Item

93.

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:

In the interests of transparency, Councillor Brown disclosed, in relation to the item concerning School Transport Appeals Process (Minute 98), that he was the member of the Education Appeals Panel, however, he had not discussed the item and would consider the report with an open mind.  

 

ACTION:       City Solicitor

 

94.

MINUTES

Recommended –

 

That the minutes of the meeting held on 7 February 2019 be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the minutes of the meeting held on 7 February 2019 be signed as a correct record.

 

95.

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 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. 

 

(Claire Tomenson - 01274 432457)

Minutes:

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

 

96.

MEMBERSHIP OF SUB-COMMITTEES

The Committee will be asked to consider recommendations, if any, to appoint Members to Sub-Committees of the Committee.

 

                                                            (Claire Tomenson – 01274 432457)

Minutes:

No resolution was passed on this item.

97.

HOUSING AND NON DOMESTIC RATES APPEALS PANEL pdf icon PDF 74 KB

The Strategic Director, Corporate Resources and Strategic Director, Place will present a report (Document “AR”) which seeks approval to implement a change to the process for appeals currently considered by the Housing and Non-Domestic Rates Appeals Panel from a Member Appeals Panel to appeals being considered by a Senior Officer.

 

Recommended –

 

(1)       That the option to replace the right of appeal to the Housing and Non-Domestic Rates Appeals Panel with the Officer Appeal process be approved.

 

(2)          That the Committee recommends to Council:

 

(i)            That the Housing and Non-Domestic Rates Appeal Panel be abolished and appeal decisions in relation to grants for renovation, improvement and repair (including appeals against refusals of disabled facilities grant in respect of Council and private housing) be delegated to the Strategic Director, Place and appeal decisions in relation to discretionary housing payments and non domestic rates relief be delegated to the Strategic Director, Corporate Resources.

 

(ii)          That the proposed amendments to the Constitution as set out in paragraph 3.4 of the report be adopted.

 

(iii)         That the City Solicitor be granted delegated authority to make consequential amendments to the Constitution.

 

                                                            (Martin Stubbs – 01274 432056)

 

 

 

                                                           

Minutes:

The Strategic Director, Corporate Resources presented Document “AS” which sought approval to implement a change to the process for appeals currently considered by the Housing and Non-Domestic Rates Appeals Panel from a Member Appeals Panel to a Senior Officer.  He reported that a small saving would be made and the proposal would require a change to the Council’s Constitution, which would need approval by Full Council.  It was noted that the wording in the Constitution was dated with some appeals being defunct and others rarely considered, which resulted in Member training being undertaken prior to each hearing due to their infrequency.  The Strategic Director, Corporate Resources stated that the proposed change could be introduced following the Council’s Annual General Meeting in May and recommended that the right to appeal be removed from a Panel to officer hearings.

 

A Member stated that it was a fundamental matter of principle and the proposal would remove the public’s right of appeal to the Council.  He acknowledged that savings had to be made, however, he indicated that if an appeal process was required in law then it should be considered by Councillors.  In conclusion he reiterated that he could not support the removal of the right of the public to appeal to Councillors.  Another Member echoed these sentiments and suggested that the appeal panels could be amalgamated.  A Member added that the Council could be brought into disrepute. 

 

In order to progress the issue, it was proposed that officers looked at the feasibility of amalgamating those panels that were under the Committee’s jurisdiction. 

 

Resolved –

 

That the feasibility of amalgamating the panels that discharge the functions of the Regulatory and Appeals Committee and determine appeals be considered.

 

ACTION: Strategic Directors, Children’s Services; Corporate Resources; Health and Wellbeing; and Place

98.

SCHOOL TRANSPORT APPEALS PROCESS pdf icon PDF 119 KB

The Strategic Director, Children’s Services will present a report (Document “AS”) which seeks approval to implement a change to the School Transport Appeals from a Member Appeals Panel to a Senior Officer Appeals Panel.

 

Recommended –

 

(1)       That the option to replace the Education Appeals Panel with a senior officer appeals panel for school transport assistance be approved.

 

(2)          That the Committee recommends to Council:

 

(i)            That the elected member Education Appeals Panel be abolished and appeal decisions be delegated to the Strategic Director, Children’s Services.

 

(ii)          That the proposed amendments to the Constitution as set out in paragraph 3.4 of the report be adopted.

 

(iii)         That the City Solicitor be granted delegated authority to make consequential amendments to the Constitution.

 

                                                            (Paul Hart – 01274 439347)

Minutes:

The Strategic Director, Children’s Services presented a report (Document “AS”) which sought approval to implement a change to the School Transport Appeals from a Member Appeal Panel to a Senior Officer Appeals Panel.

 

Members agreed that the proposal would remove the public’s right of appeal to a Councillor and requested that the feasibility of amalgamating those Panels under the Committee’s authority be investigated.

 

Resolved –

 

That the feasibility of amalgamating the panels that discharge the functions of the Regulatory and Appeals Committee and determine appeals be considered.

 

ACTION: Strategic Directors, Children’s Services; Corporate Resources; Health and Wellbeing; and Place