4 December 2008 4.00pm

Meeting of the Council of The City and County of Swansea

4th December 2008 4.00pm

COUNCIL SUMMONS

You are hereby summoned to attend a Meeting of the COUNCIL OF THE CITY AND COUNTY OF SWANSEA to be held in the Council Chamber, Civic Centre, Swansea on Thursday, 4th December 2008 at 4.00 p.m. The following business is proposed to be transacted:

1. Apologies for Absence.

2. To Receive Disclosures of Personal and Prejudicial Interests from Members in accordance with the provisions of the Code of Conduct adopted by the City & County of Swansea.

(NOTE: You are requested to identify the Agenda Item / Minute No. Planning Application No. and Subject Matter to which the interest relates).

3. To receive and sign as a correct record the Minutes of the following

Council meetings: Council of 23rd October 2008 Extraordinary Council of 20th November 2008

7-24

25-27

4. Presiding Officer’s Announcements

5. Leader’s Announcements

6. Public Questions in accordance with Procedure Rule 16 Questions must relate to matters on the open part of the Agenda of the

meeting and will be dealt within a ten minute period

7. Public Presentation – Swansea City of Sanctuary Group

8. Cabinet Member Reports

(A) Housing Portfolio (1) Petition – Request for Adequate Parking at Heol Y Gors Sheltered

Complex. 28-29

(B) Business Improvement & Efficiency Portfolio (1) Freedom of Information – Publication Scheme. 30-34

(C) Community Leadership and Democracy Portfolio (1) Membership of Committees. 35-36 (2) Independent Remuneration Panel for Wales. 37-46 (3) The Standards Committee (Wales) Regulations 2001-Appoinment of

Independent Member. 47-48

(4) Local Government Act 1972 – Section 249 – Honorary Alderman. 49-50

(D) Leader (1) Hackney Carriage Demand Survey 2008. 51-131

(E) Education and Community Leadership & Democracy Portfolio’s (1) Employment of Children Byelaws. 132-147

(F) Environment Portfolio (1) Clean Neighbourhood & Environment Act 2005. 148-152(2) Houses in Multiple Occupation Mandatory and Additional Licensing

Policy. 153-173

(3) Gypsy Traveller Policy 2008. 174-211

(G) Finance Portfoilo (1) Council Tax Base Calculation 2009/10. 212-217

9. Report of the Chief Executive (1) Review of Electoral Arrangements. 218-225

10. Joint Report of the Presiding Officer, Monitoring Officer and

Head of Community Leadership and Democracy

(1) Amendments to the Council Constitution. 226-229

11. Reports from Overview and Scrutiny Boards (A) A Review of Population Estimates and the Census. 230-263(B) Response To Referral Of Notice Of Motion: Human Trafficking. 264-268(C) Response To Referral Of Notice Of Motion: Post Office Closures. 269-272(D) Response To Referral of Notice of Motion: Welsh Assembly

Government’s Grants to Local Authorities. 273-274

12. Reports of the Head of Communications (A) Overview & Scrutiny Strategic Work Programme 2008/09 - Update. 275-284

13. Joint Report of the Head of Communications and Overview &

Scrutiny Co-ordinating Group

(A) Overview & Scrutiny Annual Report for 2007/08. 285-297

14. Councillors’ Questions under Procedure Rule 15 298-299

15. Notice of Motion from Councillors D Phillips, J Burtonshaw, A Lloyd, R J Lloyd, C Thomas, J Miles, M Child, R Francis-Davies and R Stewart "We support the initiative to make Swansea into a recognised ‘City of Sanctuary’, welcoming those fleeing violence and persecution in their own countries. We recognise the contribution of refugees and people seeking sanctuary to the City of Swansea. We are committed to taking practical steps to welcome and include them in our activities and are actively seeking ways of supporting them wherever we can. We are willing for our organisation’s name to be added to a list of supporters of City of Sanctuary. We are also willing to be contacted by the Swansea City of Sanctuary group with further ideas for how we can turn this pledge into practical action."

16. Notice of Motion from Councillors D. Phillips, J Burtonshaw, A.

Lloyd, J. Miles, C. Thomas, R. Stewart, M. Child, B. Lloyd, C. Richards, R. Francis-Davies. “Council recognises the historic victory of Senator Barak Obama in the recent U.S. Presidential elections and resolves to send it congratulations to the President-elect signed by the three Group Leaders on the Council”.

17. Notice of Motion from Councillors R H Kinzett, P R Hood-Williams,

M Smith and A C S Colburn. ‘’This Council notes that in the Introduction to the Corporate Improvement Plan 2008-11, the figure given to illustrate how well Swansea's schools are doing showed that 68.9% of students GCSE grade A*-C. However, within the text of the introduction, signed by the Leader and Chief Executive, there is no mention that this figure only relates to those students who achieve one GCSE A*-C in WJEC examinations only. This Council notes that the actual performance indicator used to show how well schools are doing is how many pupils achieve 5 or more GCSEs at grades A* - C or the vocational equivalent, which was 55.60% across Swansea's schools. Council further notes that despite Councillor Kinzett raising concerns about the inclusion of the misleading figure, which is not an accepted performance indicator, nothing was done to correct the printed version of the Corporate Improvement Plan prior to it being sent to print. Council also notes the reply received by Councillor Kinzett from the Education Department, in response to Councillor Kinzett's assertion that the statistic in question should not have been quoted in the way it was: "I agree - it needs to show the 5+A*-C figure. I was not involved in this plan, but we have provided corrected text. The A*-C figure shown was probably taken from the press release on results day, where we give a figure for the percentage of all entries gaining a C grade or higher, based on WJEC exams only. This of course is a totally different figure." Council is concerned that within a week of Councillor Kinzett's concerns being raised in Council, in the presence of the Leader, Chief Executive and CMT, the document was printed and already distributed and demands to know whether the document had in fact already been printed prior to the Council approving its publication. Council believes that the use of misleading statistics should be reserved for Lib Dem leaflets, not official documents funded by the taxpayer.

Council calls upon paid officers of this Authority to prevent further abuses of publicly-funded publications from being used to propagate misleading spin from this Administration’’.

18. To authorise the affixing of the Common Seal to any document

necessary to carry into effect any resolution passed or confirmed at this meeting.

David Daycock Head of Legal and Democratic Services Civic Centre Swansea 27TH November 2008 To: All Members of the Council Z: Agenda /Council /2008-2009 /08 Dec 4

Z:\Committees\A Agenda Pack\Council\2008-09\08 June 26\02 - Disclosures of Personal Interest.doc

Item No. 2

Disclosures of Personal Interest from Members To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest. NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.

1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.

2. If you have a Personal Interest which is also a Prejudicial Interest as

set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)

3. Where you have a Prejudicial Interest you may attend the meeting but

only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).

4. Where you have agreement from the Monitoring Officer that the

information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.

5. If you are relying on a grant of a dispensation by the Standards

Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -

- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted;

and - your signature

CITY AND COUNTY OF SWANSEA MINUTES OF THE COUNCIL OF THE CITY AND COUNTY OF SWANSEA

HELD AT CIVIC CENTRE, SWANSEA ON THURSDAY 23rd OCTOBER

2008 AT 4.00 P.M. PRESENT: Councillor N J Tregoning (Presiding Officer) presided Councillor(s): Councillor(s): Councillor(s): V N Abbott B J Hynes B G Owen V A Bates Hughes D H James D Phillips P M Black D I E Jones G Phillips N S Bradley J W Jones D Price J E Burtonshaw M H Jones T H Rees A R A Clement M R Jones S J Rice A C S Colburn S M Jones I M Richard W J F Davies W E A Jones J C Richards A M Day J B Kelleher D A Robinson C R Doyle R H Kinzett G Seabourne J Evans E T Kirchner R Speht W Evans R D Lewis M Smith E W Fitzgerald A Lloyd P B Smith R Francis-Davies R J Lloyd R L Smith M E Gibbs K E Marsh R C Stewart J B Hague P Matthews C Thomas M J Hedges P N May D W W Thomas C A Holley P M Meara L G Thomas N A Holley J T Miles J M Thomas P R Hood-Williams W K Morgan N J Tregoning D H Hopkins H M Morris D P Tucker D T Howells J Newbury J Woodman 106. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors A Jopling, C L Philpott, R J Stanton, D G Sullivan and S M Waller Thomas.

107. DISCLOSURES OF PERSONAL AND PREJUDICIAL INTEREST

The Monitoring Officer gave advice regarding declaring interests in relation to the LEA Governor Panel Report, the Standards Committee Report and the Children and Young Person’s single Plan. In accordance with the provisions of the Code of Conduct adopted by the City & County of Swansea, the following interests were declared:

Minutes of the Meeting of the City and County of Swansea (23.10.08) Cont’d

Councillor V N Abbott - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor of Plasmarl Primary - personal.

Councillor P M Black - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Pentrehafod Comprehensive School - personal.

Councillor N S Bradley - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Townhill and Gors Community Schools - personal.

Councillor J E Burtonshaw - Minute Nos. 114, 117 and 121 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel, Petition Traffic Regulation Orders on Llangyfelach Road/Heol Ddu and Councillors’ Questions 3 - Governor of Daniel James School and daughter works for Capgemini - personal. Councillor A R A Clement - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Clase and Gwyrosydd Primary Schools - personal. Councillor A C S Colburn - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 - and LEA Governor Panel - Governor of Newton and Oystermouth County Primary Schools - personal. Councillor W J F Davies - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School of Governor of Morriston Comprehensive and Morriston Primary School - personal. Councillor A M Day - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor at Sketty Primary School - personal. Councillor C R Doyle - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor of Birchgrove Comprehensive - personal. Councillor J Evans - Minute Nos. 113, 114 and 117 - Standards Committee - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Talycopa Primary and Ombudsman Report.


Councillor W Evans - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor of Tre Uchaf Primary School and Pontybrenin Primary School. Councillor R Francis-Davies - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Government at Pentrepoeth Infants. Councillor E W Fitzgerald - Minute No. 113 - Standards Committee Report - reference to Penllergaer Community Council of which I am a Member - personal. Councillor M E Gibbs - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor of Cefn Hengoed Community School and Pentrechwyth Primary School. Councillor J B Hague - Minute Nos. 114, 117 and 128 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and Council Question 4 - School Governor and membership of the Stadium Management Company - personal. Councillor M J Hedges - Minute Nos. 114, 117 and 127 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and Scrutiny Work Programme - School Governor - personal and relative attending school. Councillor C A Holley - Minute Nos. 117 and 120 - LEA Governor Panel and Children and Young People Plan - personal. Councillor P Hood-Williams - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor of Cila and Crwys Primary Schools - personal. Councillor D H Hopkins - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - personal. Councillor D T Howells - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor Pontarddulais Comprehensive and Primary - personal. Councillor B J Hynes - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - Waun Wen Primary School and St Helens Primary School - personal.


Councillor D H James - Minutes Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - Trallwn School - personal. Councillor J W Jones - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 200812 and LEA Governor Panel - Governor at Dunvant Primary - personal. Councillor M H Jones - Minute Nos. 113, 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and Standards Committee - School Governor and Member of Killay Community Council - personal. Councillor M R Jones - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Danygraig and St Thomas Primary Schools - personal. Councillor S M Jones - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan, 2008/12 and LEA Governor Panel - Governor of Tregwyr Infants School - personal. Councillor W E A Jones - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor - personal. Councillor J B Kelleher - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor at Waunarlwydd Primary School - personal. Councillor E T Kirchner - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor at Terrace Road School and St Joseph’s RC - personal. Councillor R D Lewis - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal. Councillor A Lloyd - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal. Councillor R J Lloyd - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Graig Infants and Pentrepoeth Infants School - personal. Councillor K E Marsh - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Bishopston Primary and Bishopston Comprehensive School - personal.


Councillor P Matthews - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Birchgrove and Trallwn School. Councillor P N May - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of YGG Brynymor and Brynmill and parent of daughter - YGG Brynymor - personal. Councillor P M Meara - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - personal. Councillor J T Miles - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor Pontarddulais Comprehensive and YGG Bryniago, Pontarddulais - personal. Councillor W K Morgan - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Waunarlwydd Primary School Y Logan Fach YGG - personal. Councillor H M Morris - Minute Nos. 114, 117 and 121 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and petitions Traffic Regulation Orders on Llangyfelach Road/Heol Ddu - School Governor Daniel James and Ward Member Penderry. Councillor J Newbury - Minute Nos. 114, 117 and 127 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and Council Question 4 - LEA Governor, Dunvant Primary School and in respect of Membership of the Stadium Management Company - personal. Councillor B G Owen - Minute Nos. 114, 117 and 127 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and petition Traffic Regulation Orders on Llangyfelach Road/Heol Ddu - School Governor - Clase and Daniel James - personal. Councillor D Phillips - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor Dylan Thomas and Terrace Road - personal. Councillor G Phillips - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal.


Councillor D Price - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor at Tre Uchaf Primary School - personal. Councillor T H Rees - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - personal. Councillor S J Rice - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - LEA Governor - Brynmill - personal. Councillor I M Richard - Minute No. 113 - Standards Committee - personal. Councillor J C Richards - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - LEA Governor - Penyrheol Comprehensive and Casllwchwr Primary - personal. Councillor P A Robinson - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Danygraig and St Thomas Schools - personal. Councillor G Seabourne - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal. Councillor M Smith - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Pennard Primary - personal. Councillor R L Smith - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Graigfelen School - personal. R Speht - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal. Councillor R C Stewart - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor of Glyncollen Primary School - personal. Councillor C Thomas - Minute Nos. 114 and 121 - Annual Corporate Improvement Plan 2008/12 and petition Traffic Regulation Order on Llangyfelach Road/Heol Ddu - School Governor Daniel James Community School - personal.


Councillor D W W Thomas - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - personal. Councillor L G Thomas - Minute Nos. 114, 117 and 121 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel and Council Questions 4 - Governor of Pentrehafod School and Manselton Primary School and Member of the Stadium Management Board - personal. Councillor N J Tregoning - Minute Nos. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - Governor at Penyfro School - personal. Councillor J Woodman - Minute No. 114 and 117 - Annual Corporate Improvement Plan 2008/12 and LEA Governor Panel - School Governor - personal.

108. MINUTES RESOLVED that the Minutes of the Meeting of Council of 11th

September 2008 be accepted as a correct record subject to the following amendments:- Minute No. 92 - Membership of Committees - substitute Councillor M R Jones for Councillor R Jones. Minute No. 95 - Substitute “UDP” for “UPD” in Resolution 1. Minute No. 92 - Substitute Council of Swansea University for Council of University of Wales, Swansea.

109. PRESIDING OFFICER’S ANNOUNCEMENTS Condolences

The Presiding Officer referred with sadness to the death of former Councillor Doreen Jones and paid tribute to the services she had rendered to the Council and its predecessor Council from 1989 until her resignation due to ill health in February 2008. Councillor David Phillips also paid tribute to Councillor Jones who had been a life-long member of the Labour Party and Consort to her husband, the late Councillor Tom Jones, during his year of office as Chairman of the West Glamorgan County Council in 1984-85.


The Leader of the Council also expressed his great sadness at the news. All present stood as a mark of sympathy and respect. Congratulations The Presiding Officer was pleased to refer to the fact that Natalie Richards, a Drama Teacher at Bishop Gore School had been named Specialist Schools and Academy Trust (SSAT) Outstanding New Teacher of the Year at the Teaching Awards Ceremony in London. Welcome The Presiding Officer welcomed Dr Gerhard Mersman and Mr Christian Hubel from Mannheim City Council who were visiting Swansea on a learning exchange visit.

110. LEADER’S ANNOUNCEMENT

The Leader asked Councillor S J Rice to update Council on its financial position in the light of the current financial crisis. Councillor Rice confirmed that the Council held no direct funds linked to the Icelandic situation and observed the CIPFA Code of Practice. The Council’s position was monitored on a day to day basis.

111. PUBLIC QUESTIONS

Mr A Beddow asked a question in respect of Item 11B (Question 3) - Private Care Home Providers. The Cabinet Member for Social Services responded.

Mr I Phillips asked a question in relation to Item 9D(1) - Petition - Traffic Regulation Orders on Llangyfelach Road/Heol Ddu. The Cabinet Member for the Environment responded.

Mr T Hennegan asked a question in respect of Items 9B(1) - Shadow Community Strategy. The Leader undertook to give a written reply (copy to all Members).

112. PUBLIC PRESENTATIONS

In accordance with the provisions of Procedure Rule 16, the Council received presentations in respect of the following:-

Swansea Central Mosque - Arjan Ali Peace Mala - Pam Evans


The Cabinet Member for Regeneration, Councillor Alan Robinson, responded and thanked both Mr Ali and Ms Evans for their informative and interesting presentations.

113. REPORT OF THE STANDARDS COMMITTEE 2006-2007

Professor Iwan Davies, Chair of the Council’s Standards Committee, presented the report of the Standards Committee for 2006-2007 and outlined the work that the Standards Committee and Community Council Standards Sub-Committee had undertaken during that period.

Professor Davies then answered questions from Members in respect of the content of the report and was pleased to note that a further training session had been arranged on the new Code of Conduct on Tuesday 4th November 2008 and hoped that those Members who had not yet received training would take up the offer. He also paid tribute to the retiring Members of the Committee, Mrs Sian Jones and Mrs Wilma Hainsworth and to former Councillors Vanessa Webb and Claire Waller for their services to the Committee.

114. CORPORATE IMPROVEMENT PLAN 2008-12

The Leader submitted the Corporate Improvement Plan (CIP) 2008-12 to meet the statutory deadline for publication. The CIP sought to combine into one document the previously separate Corporate and Improvement Plans. He stated that the CIP outlined the aims and priorities of the Council and described how the Council intended to achieve these priorities. The CIP also reported on performance and set out proposals for improvement action and targets.

RESOLVED that the Corporate Improvement Plan (CIP) 2008-12 be approved for publication by the statutory deadline of 31st October 2008 and the production of a Summary Plan within one month of that deadline.

115. SHADOW COMMUNITY STRATEGY

The Leader reported that the Local Government Act 2000 required every Local Authority to facilitate the production of a Community Strategy for its area. Swansea’s Community Strategy was first produced in 2004 and had been updated annually since that date. The ongoing process of developing and delivering the Community Strategy was overseen by the Better Swansea Partnership.


RESOLVED that:

(1) Council formally endorse the Shadow Community Strategy as the basis for the revision of the existing Community Strategy in 2009;

(2) Council request the relevant Overview Boards to review the

document to ensure that it was consistent with the principles of sustainable development, equality, social inclusion and community regeneration;

(3) Council request the relevant Scrutiny Boards to develop

effective arrangements for the ongoing scrutiny of the shared partnership priorities.

116. OVERVIEW AND SCRUTINY BOARD MEMBERSHIP

The Leader reported on a proposal to increase the membership of the Council’s Overview and Scrutiny Boards which had been reviewed in the light of concerns as to whether the Boards were of optimum size. He stated that in reviewing this issue, research had been conducted to seek out best practice across the UK and relevant advice/guidance in relation to representation on Overview and Scrutiny. In the light of the information it was proposed to increase the membership of the Overview and Scrutiny Boards from nine to eleven. This would facilitate representation from all political groups.

RESOLVED that:

(1) the membership of the Council’s Overview and Scrutiny Boards be increased from nine to eleven;

(2) the Constitution be amended accordingly. 117. LEA GOVERNOR PANEL

The Leader reported that the LEA Governor Panel had been established by the Council on 14th April 2005 with responsibility for recommending the appointment and removal of LEA Governors. The Panel currently comprised of six Members selected from the pool of eleven Members which was politically proportionate.

He reported that the Constitution Working Group had considered the Constitution of this Panel following the decision of the Challenge Panel held on 4th December 2007 which agreed as part of its recommendations that the CWG be recommended to consider the


proposals and practicalities of the LEA Governor Panel becoming a standing panel rather than a panel of twelve from which six Members would be chosen. The CWG at its last meeting held on 13th October 2008 had agreed the amended terms of reference of the LEA Governor Panel based on a fixed panel of eleven Members (six Swansea Administration, four Labour and one Conservative) with a casting vote for the Independent Chair only in the event of a tie in voting. The quorum of the panel would be three Members and the Independent Chair would not count towards the quorum. RESOLVED that the amended terms of reference for the LEA Governor Panel be approved.

118. CHANGES TO COMMITTEE MEMBERSHIP

The Cabinet Member for Community Leadership and Democracy reported that the Council, at its Annual Meeting on 15th May 2008, had agreed membership of the various Committees/Boards as reflected in the lists submitted by the political groups. He indicated that the groups shown had since submitted further minor changes/nominations which were outlined. He also referred to an addendum to the report which had been prepared since the Council papers had been published.

RESOLVED that the following changes be approved:- Swansea Administration Group

Area 1 Development Control Committee Change Councillor P Black from voting to non-voting member and Councillor J Stanton as voting member.

Licensing Committee Replace Councillor K Morgan with Councillor V Bates-Hughes. Health, Social Care and Well Being Overview Board Replace Councillor P Tucker with Councillor A Jopling. Environment, Regeneration and Culture Overview Board Replace Councillor A Jopling with P Tucker. West Glam Archives Committee Replace Councillor V Bates-Hughes with Councillor J Thomas. Children and Young People Overview Add Councillor I Richard.


Children and Young People Scrutiny Add Councillor P Meara Environment, Regeneration and Culture Overview Add Councillor D Price Environment, Regeneration and Culture Scrutiny Add Councillor J Thomas. Finance, Audit and Business Improvement Overview Add Councillor N Holley. Finance, Audit and Business Improvement Scrutiny Add Councillor R Lewis. Health, Social Care and Well Being Overview Add Councillor D Howells. Health, Social Care and Well Being Scrutiny Add Councillor M R Jones. Labour Group Environment, Regeneration and Culture Overview Add Councillor B J Hynes. Finance, Audit and Business Improvement Scrutiny Add Councillor D I E Jones. Conservative Group Children and Young People Overview Add Councillor M Smith. Children and Young People Scrutiny Add Councillor A Colburn. Environment, Regeneration and Culture Overview Add Councillor A Colburn. Environment, Regeneration and Culture Scrutiny Add Councillor R Kinzett. Finance, Audit and Business Improvement Overview Add Councillor R Kinzett.


Finance, Audit and Business Improvement Scrutiny Add Councillor P Hood-Williams. Health, Social Care and Well Being Overview Add Councillor P Hood-Williams. Health, Social Care and Well Being Scrutiny Add Councillor M Smith. 119. ROTA VISITS

The Cabinet Member for Community Leadership and Democracy referred to the process of rota visits to Social Services establishments for many years. Following the introduction of the Local Government Act 2000 which brought into being new constitutional arrangements, a report had been presented to Council on 29th July 2004 which reconfirmed the carrying out of rota visits as authorised Council business. The carrying out of rota visits was linked to the Council’s Corporate Parenting and Protection of Vulnerable Adults responsibilities and met some of the relevant requirements of the Children Act 2000 as well as the National Assistance Act 1948. There was also a clear expectation by CSSIW that rota visits take place to the Authority’s children’s residential homes as part of the Child and Family Improvement Programme. He reported on proposals to revise rota visits based on a team of fourteen Members. It was stressed that these arrangements did not preclude any Member visiting a Social Services day or residential service at any time. RESOLVED that: (1) the Council accept the proposals contained in the report to

ensure the Authority’s Corporate Parenting and Protection of Vulnerable Adults responsibilities were met;

(2) the Council nominate fourteen Members to carry out rota visits

and those Members identified take advantage of an induction/briefing provided by the Directorate prior to undertaking the visits;

(3) the Council agree to the reporting on rota visits activity to the

Health and Social Care Scrutiny Board as set out in the report;

(4) the Council agree to amending the rota visits arrangements as set out Minute No. 42 of Council of 29th July 2004.


120. THE CHILDREN AND YOUNG PEOPLE’S SINGLE PLAN 2008-2011

The Cabinet Member for Education reported on the outcome of consultation on the Children and Young People’s Single Plan which ran from 1st March to 31st May 2008. An analysis of the consultees was submitted together with comments.

RESOLVED that: (1) the response to the consultation be noted;

(2) the revised Children and Young People’s Single Plan 2008-2011 be approved.

121. PETITION - TRAFFIC REGULATION ORDERS ON LLANGYFELACH

ROAD/HEOL DDU

The Cabinet Members for Environment and Education reported jointly on a proposal to introduce Traffic Regulation Orders to ensure that Heol Ddu was clear for the passage of vehicles and residents able to gain access/egress to their properties at all times. In addition, Traffic Regulation Orders would ensure that there were clear lines of visibility on the approach to the pelican crossing on Heol Ddu to maximise pedestrian safety.

Mr Trinka made representations on behalf of the petitioners who objected to the proposed Traffic Regulation Orders.

Mr Geraint Williams also made representations on behalf of the residents of Heol Ddu who were in support of the proposals.

An amendment was moved by Councillor A R A Clement, seconded by Councillor R D Lewis. A vote having been requested in accordance with the provisions of Procedure Rule 21.1, the voting was recorded as follows:

FOR AGAINST Councillors: Councillors: P M Black V A Bates Hughes A R A Clement N S Bradley E W Fitzgerald J E Burtonshaw C A Holley A C S Colburn N Holley W J F Davies D T Howells R Doyle J Jones J Evans


M H Jones W Evans M R Jones R Francis-Davies S Jones M E Gibbs J B Kelleher J B Hague R H Kinzett P Hood-Williams R D Lewis D H Hopkins K E Marsh B J Hynes P N May D H James K Morgan D I E Jones I M Richard W E A Jones D A Robinson E Kirchner R Speht A Lloyd R J Lloyd (19) P Matthews P M Meara J T Miles H M Morris J Newbury ABSTENTIONS B G Owen D Phillips Councillors: G Phillips J C Richards V Abbot G Seabourne A M Day P B Smith D Price R L Smith T H Rees R Stewart C J Rice C Thomas M Smith D W W Thomas J M Thomas L G Thomas N J Tregoning D P Tucker J Woodman (8) (38) The amendment was lost. The substantive motion was then put and carried. RESOLVED that: (1) the petition be noted;

(2) Council recommend that the Traffic Regulation Orders be implemented;

(3) that officers work with Tirdaenaw and Daniel James Schools to

produce a Safer Routes in Communities Bid to the Welsh Assembly Government in future years.

122. PETITION - TEMPORARY ROUTING OF THE CELTIC TRAIL CYCLE

ROUTE THROUGH CAE CASTELL, LOUGHOR

The Cabinet Member for Environment reported that a petition had been reported to Council on 19th June 2008 objecting to the temporary routing of the Celtic Trail Cycle Route through Cae Castell, Loughor.

Council resolved that consideration of the matter be deferred pending a site visit which was held on 6th August 2008.

He advised that in the light of the petition of objection to the temporary routing of the Celtic Trail Cycle Route through Cae Castell, Loughor an alternative route using Bwrw Road, had been identified and a letter sent to the residents advising them of the temporary route. No adverse comments had been received. He stated that at the site visit it was agreed that the temporary route via Bwrw Road was appropriate. Furthermore, it had been agreed that a meeting should be arranged with the two housing developers as soon as possible in order to progress the permanent route. This meeting was being arranged. RESOLVED that: (1) the petition be noted and that temporary route via Bwrw Road

be confirmed; (2) a meeting be arranged with the developers to progress the

missing link.


123. TALL BUILDING STRATEGY

The Leader reported that the Draft Tall Building Strategy had been presented to Council earlier this year following a period of public consultation.

Issues were raised at the Council meeting and accordingly it was resolved that the Draft Strategy should be deferred to a further meeting of Council to allow an opportunity to consider the points raised and to incorporate any other comments from Councillors.

He stated no further issues had been raised and the report was limited to the issues raised at the Council meeting on 4th December 2008.

RESOLVED that:

(1) the amendments to the Draft Tall Building Strategy, as set out in the Response Schedule in Section 2 of the report, be agreed;

(2) the Tall Building Strategy, as amended, be adopted as

supplementary planning guidance (in line with policy CC4 and EB1 of the UDP) following the successful conclusion of the UDB form of adoption period.

124. RESPONSE TO REFERRAL OF NOTICE OF MOTION: HUMAN

TRAFFICKING

RESOLVED that consideration of this matter be deferred to the next meeting of the Council on 4th December 2008.

125. RESPONSE TO REFERRAL OF NOTICE OF MOTION: POST

OFFICE CLOSURES

RESOLVED that consideration of this matter be deferred to the next meeting of the Council on 4th December 2008.

126. RESPONSE TO REFERRAL OF NOTICE OF MOTION:

e-GOVERNMENT PROGRAMME - PAYROLL

Council received the report the Finance, Audit and Business Improvement Scrutiny Board on the Board’s response following the referral of a notice of motion. The Scrutiny Board had met on 30th July to discuss the referral and agree an appropriate course of action and response to Council. The Board was aware that a report was due to be considered by Council on 31st July on the e-Government Programme, including the payroll element, from the Corporate Director (Resources). As the notice of motion was clearly directed to and required action from


an individual, the Board agreed to take no further action and refer the notice of motion back to Council. Additionally, the Board wished to inform Council that it was concerning with the practice of referral of motions without debate. RESOLVED that: 1) the report be noted. 2) the Constitution Working Group be requested to consider the

merits of establishing a Petitions Committee. 127. OVERVIEW AND SCRUTINY STRATEGIC WORK PROGRAMME

2008-09 - UPDATE The Presiding Officer presented the report of the Overview and Scrutiny Co-ordinating Group on an update on the Work Programme for 2008-09. RESOLVED that the report be noted.

128. MEMBERS’ QUESTIONS UNDER PROCEDURE RULE 15

Fourteen Member Questions were submitted under Council Procedure Rule 15. The relevant Cabinet Members responded by way of written answers. Supplementary Questions in respect of Questions 1 to 4 were dealt with in the allotted time and the relevant Cabinet Members responded.

129. NOTICE OF MOTION

Proposed by Councillor A Lloyd, seconded by Councillor J E Burtonshaw, “That the Notice of motion in respect of the “City of Sanctuary” be deferred to the next meeting of the Council on 4th December 2008.

130 COMMON SEAL

RESOLVED that the Common Seal be affixed to any document necessary to bring into effect any decision made at this meeting.

The meeting ended at 8.37 p.m.

CHAIRMAN

CITY AND COUNTY OF SWANSEA

MINUTES OF THE EXTRAORDINARY MEETING OF THE COUNCIL OF THE CITY AND COUNTY OF SWANSEA

HELD AT COUNTY HALL, SWANSEA ON THURSDAY, 20th NOVEMBER,

2006 AT 4.00 P.M. PRESENT:- Councillor N J Tregoning (Presiding Officer) presided Councillors: Councillors: Councillors: G H Burtonshaw P R Hood-Williams J T G Peters J E Burtonshaw B J Hynes D Phillips A R A Clement D I E Jones G Phillips G G Clement R H Kinzett T H Rees A M Day W E A Jones M Smith P Downing E Kirchner R L Smith J Evans R D Lewis D G Sullivan W G Evans A Lloyd D W W Thomas E W Fitzgerald A T Lloyd L G Thomas M E Gibbs R J Lloyd R M Thomas J B Hague K E Marsh D P Tucker M J Hedges J T Miles C Waller C A Holley J N Newbury A R Welsby .

131. APOLOGIES Apologies for absence were received from Councillors V N Abbott, W J

F Davies, J Evans, D T Howell, A Jopling, D Price, R Speht, M Smith, P B Smith, R L Smith, R C Stewart and R J Stanton.

132. DISCLOSURES OF INTEREST No disclosures of interest were made.

133. PRESIDING OFFICER’S ANNOUNCEMENTS The Presiding Officer had no announcements. 134. LEADER’S ANNOUNCEMENTS The Leader had no announcements. 135. LOCAL GOVERNMENT ACT 1972 RESOLVED on the motion of the Leader (Councillor C A Holley),

seconded by Councillor D Phillips, that:- “The City and County of Swansea confer the title of Honorary Alderman

on, Mr David Raymond James, SBStG, a past Member of the former Llwchwr Urban Council, the former West Glamorgan County council and the City and County of Swansea in recognition of his long and eminent service”.

Councillor R H Kinzett and Councillor C Richards also paid tribute to

former Councillor Honorary Aldermen Allison then responded and thanked the Council for the honour bestowed upon him.

The Presiding Officer, the Leader, Councillor C A Holley, the Leader of the main opposition party, Councillor D.Phillips, Councillors R D Lewis, A Lloyd and G Phillips paid tribute to the services Mr Allison had rendered to the former Swansea County Borough, Swansea City and West Glamorgan County Councils over many years.

136. COMMON SEAL RESOLVED that the Common Seal be affixed to any document

necessary to carry into effect any resolution passed or confirmed at this meeting.

The meeting ended at 4.33 p.m.

CHAIRMAN S: Extraordinary Council - 9 November 2006 (SHR)

Item No. 8 (A) (1)

Council – 4th December 2008

PETITION - REQUEST FOR ADEQUATE PARKING AT THE

HEOL Y GORS SHELTERED COMPLEX

Summary

Purpose:

To provide a response to a petition from residents of Heol Y Gors Sheltered Complex that requests adequate parking at the site

Policy Framework:

Welsh Housing Quality Standard 2003

Reason for Decision:

To allow a response to be sent to the lead petitioner

Consultation:

Legal and Finance.

Recommendation(s):

That the proposal to increase the number of parking spaces at Heol Y Gors sheltered complex in financial year 2009/10 is agreed. That the lead petitioner is informed

1. Introduction 1.1 The Housing Service has received a petition containing 81

signatures requesting adequate parking spaces at the Heol Y Gors sheltered complex, Townhill.

2. Background 2.1 The sheltered complex, existing parking spaces and surrounding

site are within HRA ownership. The complex is made up of 16 one bed bungalows and a single house and is served by 6 car parking spaces and one ambulance space. None of the current spaces are designated for disabled persons.

2.2 Residents are concerned that parking is inadequate for both

themselves and the support workers that frequently need to visit the residents.

2.3 Parking on the Heol Y Gors road (immediately outside the

complex) is considered difficult particularly for tenants with limited mobility.

3. Proposal 3.1 The sheltered complex site at Heol Y Gors contains a parcel of

grassed land between the existing parking spaces and the main Heol Y Gors road. The proposal is that the existing off street parking is extended into the adjacent grassed area to provide approximately 6 additional spaces at a cost of £24,000.

3.2 The additional parking spaces will create additional off-street

parking and will be within the HRA portfolio. 4. Financial Implication 4.1 The initial cost of providing the additional parking spaces would be met

within the HRA’s Capital Programme for financial year 2009/10. 4.2 The parking area will require minimal future maintenance and where

this is required, it will be met within existing HRA responsive repair arrangements.

5. Legal Implications 5.1 The proposed works have received the consent of Corporate

Property Services. 6. Recommendation(s) 6.1 It is recommended that the proposal to increase the number of

parking spaces at Heol Y Gors sheltered complex in financial year 2009/10 is agreed.

6.2 That the lead petitioner is informed Background Papers: None Contact Officer: Dave Bratley, Senior Programmes Officer

01792 635215 Legal Officer: Sandie Richards File Reference: Ts Files\Capital Programme\2008\Petition – Heol Y Gors Inadequate Parking – Report to Council Date Prepared: 08/09/2008

Item No. 8 (B) (1)

Report of the Cabinet Member for Business Improvement & Efficiency


FREEDOM OF INFORMATION

PUBLICATION SCHEME

Summary

Purpose:

This report proposes that the Authority adopt a new Publication Scheme based on the Model Publication Scheme issued by the Office of the Information Commissioner.

Policy Framework:

Freedom of Information policy.


It is a requirement of the Information Commissioner that all Local Authorities adopt a new Publication Scheme by 1st January 2009.

Consultation:

Legal and Finance.

Recommendation(s):

That Council adopts the new Publication Scheme based on the Model Publication Scheme without modification set out at Appendix 1 to the Report.

1. INTRODUCTION 1.1 Section 19 of the Freedom of Information Act (the Act) obliges every

Public Authority to adopt a Publication Scheme. The intention of a Publication Scheme is to require Authorities to make certain kinds of information routinely available to the public.

1.2 The City and County of Swansea’s first Publication Scheme was

approved by the Information Commissioner’s Office (the ICO) and came into force in February 2003. At that time, all Public Authorities produced their own versions of a Publication Scheme. The approval of the first Publication Scheme expires on 31 December 2008.

1.3 The ICO aims to encourage maximum disclosure of information but

also to reduce the burden on public authorities. The ICO has therefore approved (under section 20 of the Act) a Model Publication Scheme which is suitable for every Public Authority to adopt. The Model

Scheme has been developed in conjunction with representatives from a wide range of public bodies.

1.4 It is a requirement of the ICO that the Authority adopts a new

Publication Scheme based on the Model Publication Scheme by the 1st January 2009 and puts in place arrangements to publish information in line with that scheme.

2. THE NEW PUBLICATION SCHEME 2.1 Attached at Appendix 1 is the Model Publication Scheme for adoption. 3. FINANCIAL IMPLICATIONS 3.1 None 4. LEGAL IMPLICATIONS 4.1 It is a legal requirement to adopt the new Publication Scheme by the 1st

January 2009. 5. RECOMMENDATIONS 5.1 That Council adopts the new Publication Scheme based on the Model

Publication Scheme without modification set out at Appendix 1 to the Report.

BACKGROUND PAPERS Guidance on Publication Schemes from the Information

Commissioners Office Contact Officer: Sharon Heys Legal Officer: Janet Hooper/Sharon Heys Directorate Lawyer Tel Ext: 6148

Model Publication Scheme

V1.0


This model publication scheme has been prepared and approved by the Information Commissioner. It may be adopted without modification by any public authority without further approval and will be valid until further notice. This publication scheme commits an authority to make information available to the public as part of its normal business activities. The information covered is included in the classes of information mentioned below, where this information is held by the authority. Additional assistance is provided to the definition of these classes in sector specific guidance manuals issued by the Information Commissioner. The scheme commits an authority:

• To proactively publish or otherwise make available as a matter of routine, information, including environmental information, which is held by the authority and falls within the classifications below. • To specify the information which is held by the authority and falls within the classifications below. • To proactively publish or otherwise make available as a matter of routine, information in line with the statements contained within this scheme. • To produce and publish the methods by which the specific information is made routinely available so that it can be easily identified and accessed by members of the public. • To review and update on a regular basis the information the authority makes available under this scheme. • To produce a schedule of any fees charged for access to information which is made proactively available. • To make this publication scheme available to the public.

Classes of Information

Who we are and what we do.

Organisational information, locations and contacts, constitutional and legal governance.

What we spend and how we spend it. Financial information relating to projected and actual income and expenditure, tendering, procurement and contracts.

What our priorities are and how we are doing.

Strategy and performance information, plans, assessments, inspections and reviews.

April 2008 1


V1.0

How we make decisions.

Policy proposals and decisions. Decision making processes, internal criteria and procedures, consultations. Our policies and procedures. Current written protocols for delivering our functions and responsibilities.

Lists and Registers.

Information held in registers required by law and other lists and registers relating to the functions of the authority. The Services we Offer.

Advice and guidance, booklets and leaflets, transactions and media releases. A description of the services offered. The classes of information will not generally include:

• Information the disclosure of which is prevented by law, or exempt under the Freedom of Information Act, or is otherwise properly considered to be protected from disclosure.

• Information in draft form. • Information that is no longer readily available as it is contained in files that have

been placed in archive storage, or is difficult to access for similar reasons. The method by which information published under this scheme will be made available The authority will indicate clearly to the public what information is covered by this scheme and how it can be obtained. Where it is within the capability of a public authority, information will be provided on a website. Where it is impracticable to make information available on a website or when an individual does not wish to access the information by the website, a public authority will indicate how information can be obtained by other means and provide it by those means. In exceptional circumstances some information may be available only by viewing in person. Where this manner is specified, contact details will be provided. An appointment to view the information will be arranged within a reasonable timescale. Information will be provided in the language in which it is held or in such other language that is legally required. Where an authority is legally required to translate any information, it will do so. Obligations under disability and discrimination legislation and any other legislation to provide information in other forms and formats will be adhered to when providing information in accordance with this scheme.

April 2008 2


V1.0

Charges which may be made for Information published under this scheme The purpose of this scheme is to make the maximum amount of information readily available at minimum inconvenience and cost to the public. Charges made by the authority for routinely published material will be justified and transparent and kept to a minimum. Material which is published and accessed on a website will be provided free of charge. Charges may be made for information subject to a charging regime specified by Parliament. Charges may be made for actual disbursements incurred such as:

• photocopying • postage and packaging • the costs directly incurred as a result of viewing information

Charges may also be made for information provided under this scheme where they are legally authorised, they are in all the circumstances, including the general principles of the right of access to information held by public authorities, justified and are in accordance with a published schedule or schedules of fees which is readily available to the public. If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may be requested prior to provision of the information. Written Requests Information held by a public authority that is not published under this scheme can be requested in writing, when its provision will be considered in accordance with the provisions of the Freedom of Information Act.

April 2008 3

Item No. 8 (C) (1)

Report of the Cabinet Member for Community Leadership and Democracy


MEMBERSHIP OF COMMITTEES

Summary

Purpose: That Council agrees the nominations for membership of

the Groups below.

Policy Framework: None

Reason for Decision: To agree nominations for Committee Membership.

Consultation: Political Groups.

Recommendation(s): It is recommended that:

1)

That Council agrees the nominations for membership of the Committees/Boards outlined and notes the change in the Outside Body.

1.1 The Council, at its Annual Meeting on 15th May 2008, agreed

membership of the various Committees / Boards as reflected in the lists submitted by the political groups to the Head of Community Leadership and Democracy.

2. CHANGES TO COMMITTEE MEMBERSHIP/OUTSIDE BODIES 2.1.1 The Groups shown have since submitted further minor

changes/nominations which are outlined below some of which are following the review of proportionality as a result of the increase in numbers on Scrutiny/Overview Boards.

Swansea Administration Group Trustees Panel Add Councillor J W Jones Trustees Panel Remove Councillor J Woodman and replace with Councillor C Philpott Health Social Care & Well Being Overview Board Remove Councillor J Woodman and replace with Councillor S Waller Thomas WLGA Remove Councillor S Rice and replace with Councillor LG Thomas

Labour Group Chief Officer Disciplinary Committee Add Councillor C Richards General Purposes Panel Add Councillor C Thomas LEA Governor Panel Add Councillor B Hynes Trustees Panel Add Councillor G Seabourne Area 1 Development Control Committee Make Councillor J Miles Voting Member Area 2 Development Control Committee Remove Councillor R Stewart

Conservative Group Chief Officer Disciplinary Committee Remove Councillor P Hood-Williams General Purposes Panel Remove Councillor M Smith LEA Governor Panel Remove Councillor M Smith Trustees Panel Remove Councillors M Smith and T Colburn Area 1 Development Control Committee Remove Councillor P Hood-Williams Area 2 Development Control Committee Make Councillor P Hood-Williams Voting Member

3 RECOMMENDATION

That Council (1) agrees the nominations for membership of the

Committees/Boards outlined and notes the change in the Outside Body.

Background papers: Local Government & Housing Act 1989, the Local Government (Committees & Political Groups) Regulations 1990. Contact Officer: Gareth Borsden

01792 636824 26.11.2008 Z: Word /Committee /Reports/Council

Item No. 8 (C) (2)

Report of the Head of Legal and Democratic Services

Council - 4th December 2008

INDEPENDENT REMUNERATION PANEL FOR WALES

Summary

Purpose: This report outlines the recommendations of the Independent Remuneration Panel for Wales (“the Panel”) on the maximum rates of allowances payable to members and seeks a decision on a scheme of Members Allowances for 2008/2009.


Reason for Decision: To consider the Council’s scheme of allowances in the light of the Panel’s determinations and recommendations by 29th December 2008

Consultation: Legal and Finance Recommendation(s): (1) confirm that the Basic and SRA levels be frozen at 07/08 levels in

accordance with the budget agreed by Council; (2) confirm that the Care Allowance be made available to those Members

who qualify; (3) determine that the travelling rate as set out in paragraph 12.4 be

implemented; (4) confirm the continuation of the current annual subsistence allowance

arrangements and review that matter when the Panel has carried out its further work;

(5) confirm that the present arrangements currently operated by the Council enabling Councillors to join the Local Government Pension Scheme, be continued;

(6) the date by which the Council publishes details of Allowances paid for the previous year ( the Panel recommends that this coincide with the date of the publication of the Council’s statement of account).

1 Introduction

1.1 The Independent Remuneration Panel for Wales was appointed in January 2008 by the Welsh Assembly Government Minister for Social Justice and Local Government under the provisions of the Local Authorities (Allowances for Members) (Wales) Regulations 2007 (“the 2007 Regulations”).

1.2 The Panel has been established to undertake a comprehensive review of the range and levels of allowances available to Councillors.

1.3 The Panel consists of a Chair (appointed by the Minister), Vice-Chair (elected by the Panel at its first meeting) and three others with a quorum of three (which must include the Chair or Vice-Chair). Panel members are appointed for up to four years and can be reappointed.

2 REMIT OF THE PANEL Initial Report 2.1. The first task required of the Panel was to undertake a comprehensive

review of the range and levels of allowances available to Councillors and to produce an initial report setting out:

• the responsibilities or duties which may attract an Special Responsibility Allowance (SRA)

• the responsibilities or duties which may attract a Co-optees’ allowance

• the maximum amounts of Basic Allowances, SRAs, Care Allowance, Travelling and Subsistence Allowances and Co-optees Allowance.

Under the 2007 Regulations the Panel is able to set different maximum allowances for different Councils and different amounts of SRAs and Co-optees’ allowances for different responsibilities and duties.

Annual Reports 2.2 In each subsequent year the Panel must produce an annual report, which

prescribes the maximum level of adjustment (uprating) that may be made to Councillors’ allowances (by index or otherwise). Again, the Panel will be able to prescribe different maximum annual adjustments for different Councils. Each annual report must be produced prior to the year in which the report relates.

Supplementary Reports 2.3 The Panel may produce supplementary reports at any time. Through such

reports the Panel will be able to respond to specific requests from Councils on any matter concerning the responsibilities and duties that may attract an SRA or a Co-optees’ Allowance and the maximum level of all the allowances available to Councillors.

General 2.4 The Panel is able to make recommendations in its initial and

supplementary reports about which Councillors of an Authority are to be entitled to pensions.

2.5 The Panel is able, in the performance of its functions, to seek information or advice from any body or person. For the purposes of producing its initial report the Panel has been obliged to consider representations received from Councils.

3 REQUIREMENTS ON COUNCILS 3.1 All Councils in Wales are required to amend their schemes of allowances

in accordance with the Panel’s findings within four months of the Panel’s report being published. The levels set by the Panel in their Initial, Annual and Supplementary Reports are statutory maximums which cannot be exceeded.

4 WELSH ASSEMBLY GOVERNMENT 4.1 Although not contained within the Panel’s statutory remit, WAG has made

it clear that it would welcome proposals from the Panel for further reform of the remuneration regime for Councillors in Wales for any related matter, particularly any proposals which would be designed to encourage wider participation in Welsh Local Government and there will be further reports published in the future.

5 BASIC ALLOWANCES 5.1 In its initial report the Panel has decided that the increase in the Basic

Allowance should be based upon the relevant percentage increase in local government pay. Hence, the maximum level of the Basic Allowance for 2007/08 (£12,718 p.a.) will be increased in line with the 2.45% pay offer for local government staff in 2008/09. This results in a maximum Basic Allowance payable of £13,030 p.a. in 2008/09. The Panel encourages all Councils to pay the maximum basic allowances set out in its report.

6 SPECIAL RESPONSIBILITY ALLOWANCES (SRAs) 6.1 Every Council is allowed to recognise the additional duties undertaken by

Members with special responsibility. SRAs have been payable under the 2002 Regulations, in addition to the basic allowance, to Councillors who hold an office which is specified in the Council’s Constitution and is included in the pay bands set out in the Welsh Assembly Government’s Statutory Guidance. The Panel considers the link between the remuneration level of Council Leaders and “backbench” Members of the National Assembly for Wales to be no longer relevant. In the Panel’s opinion, the roles are distinct and separate.

6.2 The maximum rates of SRA payable to Councillors vary according to the

population size of the Council concerned.The grouping of Councils by population bands has been based on the most recent results of the census. The starting point for this payment is determined by the allowance payable to the Leader of the Council. These payments were previously linked annually to the level of Assembly Members salaries but, as stated above the Panel has now determined that the link between the remuneration level of Council Leaders and the “backbench” Members of the National Assembly should no longer be relevant and that SRAs payable in 2008/09 should be increased in line with the increase in the Basic Allowance, that is by 2.45%. Hence the Panel has decided that the maximum amounts payable for each SRA band, by population grouping are:

Group A Group B Group C Group D

08/09 07/08 08/09 07/08 08/09 07/08 08/09 07/08 Band 1 £60,545 £59,097 £51,895 £50,654 £43,247 £42,213 £34,596 £33,769Band 2 £48,434 £47,276 £41,516 £40,523 £34,597 £33,770 £27,679 £27,017Band 3 £24,206 £23,627 £20,757 £20,261 £17,299 £16,885 £13,839 £13,508Band 4 £14,532 £14,184 £12,454 £12,156 £10,378 £10,130 £8,304 £8,105Band 5 £9,689 £9,457 £8,304 £8,105 £6,918 £6,753 £5,534 £5,402Band 6 £4,844 £4,728 £4,153 £4,054 £3,460 £3,377 £2,768 £2,702 6.3 The Council is banded in Group B. 7 CARE ALLOWANCES 7.1. In the interests of consistency, the Panel has determined that the level of

Care Allowance payable in 2008/09 should be increased by 2.45%, in line with the Basic Allowance, to a maximum of £384 per month.

7.2. The Panel has decided that the Care Allowance will remain as an

allowance that contributes towards caring costs rather than a reimbursement of actual costs. Councillors will continue to be required to satisfy their Councils that it is reasonable and appropriate for them to receive this allowance.

8 TRAVELLING ALLOWANCES 8.1 The Panel has decided that, at this stage, travel allowances should

continue to be based on claims for undertaking approved duties, rather than made as lump-sum or some other form of payments.

8.2. For 2008/09 the Panel has decided that the maximum travel rates

payable should be the rates set by HM Revenue and Customs for the use of private cars, motor cycles and pedal cycles plus any passenger supplement. Councils are therefore required to apply these as maximum rates, thereby removing the historic catch-up link to the travel rates for Assembly Members. Based on this decision the rates for 2008/09 will be 40 pence per mile (which is the rate currently applied).

8.3 All other claims for travel, such as bus/taxi fares, should be accompanied

by appropriate receipts showing the actual expense, subject to any requirement or limitation that a council may determine. That said council members should always be mindful of choosing the most cost-effective method of travel.

9 SUBSISTENCE ALLOWANCES 9.1 The Panel has set a day subsistence rate of a maximum of £26 per day,

(including breakfast when not provided as part of overnight accommodation). This would be a reimbursement of actual costs, for approved duties with receipts to be provided.

9.2 The allowance for an overnight stay has been set at a maximum of £105

for London and £90 for elsewhere, with receipts to be provided, for approved duties.

9.3. A maximum of £25 is available for an overnight stay with friends or

relatives whilst on approved duty. 10. CO-OPTEES ALLOWANCES 10.1 The Panel has decided that the new Co-optees' Allowance (payable only

to co-optees with voting rights) should be set at two levels. 10.2 For those co-optees who chair council committees the allowance is set at

a maximum of £1,450 per year. For other co-optees the allowance is set at a maximum of £760 per year.

11 THE PANEL'S RECOMMENDATIONS 11.1 The Panel feel strongly that the role of the Councillor across Wales should

be respected as a professional one. In the interests of equity and consistency the Panel encourages all councils to pay the maximum Basic

Allowance and also the maximum SRAs, by band and population grouping, which they have set.

11.2. The Panel recommend that all Councils make the Care Allowance

available, take steps to publicise its availability and ensure that administrative arrangements are not a limiting factor to take-up.

11.3 Councils are also encouraged to ensure that their councillors (and in

particular those newly elected) are made aware that the Care Allowance is available for the care of dependants over the age of 15 as well as for children.

11.4 The Panel recommend that Councils make arrangements so that it would

be normal practice for council members to arrange their overnight accommodation via the council's members' services department, using a central booking service for accommodation.

11.5 The Panel also recommend that the Welsh Assembly Government seeks

to make Audit Committees a statutory requirement with lay members accorded full voting rights and accordingly entitled to relevant remuneration.

11.6 The Panel recommend that the present pension arrangements should

continue in that all current and future elected members of council should be entitled to join the Local Government Pension Scheme and that their Basic Allowance, and where appropriate SRA, should be pensionable .

11.7 The Panel further recommend that all councils should now enable their

councillors to join the Local Government Pension Scheme. 11.8 To reflect the modern professional role of the councillor we consider that

the term 'allowances' should be replaced by 'remuneration' and the Panel would wish to see this adopted in any future legislative changes.

11.9 The Panel recommend to the Welsh Assembly Government that it seeks

measure-making powers on councillors' allowances to enable the possibility of significant reform to the existing structure of these allowances. Such legislative change would provide the Panel with the ability to prescribe levels of allowances, rather than to set maximums.

11.10 With regard to the publicity requirement concerning allowances in

Regulation 25(2) and (3) of the 2007 Regulations, the Panel recommend that 'As soon as practicable after the end of a year…' be regarded as at the time of the approval of the council's Statement of Account, which the Panel understand is around the end of June. The Panel further recommends that a council should publish details of the total sum of each allowance paid in that year to each council member both on the council website and in an appropriate newspaper.

12. IMPLICATIONS FOR THE COUNCIL 12.1 The implications for the Council in implementing the recommendations of

the Remuneration Panel are outlined below:- BASIC AND SPECIAL RESPONSIBILITY ALLOWANCES 12.2 The current allowances are set out in Table 1. It should be noted that

Council previously agreed to set SRAs at a level significantly below the prescribed limits.

In addition, the Budget approved by Council on 25th February 2008

included a number of savings proposals. These included a proposal to freeze Basic Allowances and SRAs at 07/08 levels in 08/09. As such, there is currently no budget provision to pay the higher levels of allowances recommended by the Panel.

TABLE 1

Allowance No. Rate Total Basic Allowance

72 12334 888048

ICT Allowance 72 384 27648 SRAs Leader 1 32418 32418 Deputy Leader 1 17830 17830 Cabinet 8 16209 129672 Presiding Officer 1 9725 9725 Deputy Presiding Officer 1 6484 6484 Scrutiny Board Chair 4 9725 38900 Scrutiny Board Vice Chair 4 6484 25936 Overview Board Chair 4 9725 38900 Overview Board Vice Chair 4 6484 25936 Area Planning Chair 2 9725 19450 Area Planning Vice Chair 2 6484 12968 Licensing Chair 1 9725 9725 Licensing Vice Chair 1 6484 6484 Main Opposition Leader 1 9725 9725 Second Opposition Leader 0 6484 0 Subsistence 72 140 10080 Total 1309929

CARE ALLOWANCES 12.3 The Panel recommend that all Councils make the Care Allowance

available. The Panel has determined that the level of Care Allowance payable in 2008/09 be increased by 2.45%, in line with the Basic Allowance, to a maximum of £384 per month. The Panel recommend that all Councils make the Care Allowance available, take steps to publicise its availability and ensure that administrative arrangements are not a limiting factor to take-up. Councils are also encouraged to ensure that their councillors (and in particular those newly elected) are made aware that the Care Allowance is available for the care of dependants over the age of 15 as well as for children.

TRAVELLING ALLOWANCE 12.4 The Panel has decided that, at this stage, travel allowances should

continue to be claims based for undertaking approved duties, rather than made as a lump-sum or some other form of payments. For 2008/09 the Panel decided that the maximum travel rates payable should be the rates set by HM Revenue and Customs for the use of private cars, motor cycles and pedal cycles plus any passenger supplement. Councils are therefore required to introduce these as maximum rates, thereby removing the historic catch-up link to the travel rates for Assembly Members. Based on this decision the rates for 2008/09 will be 40p per mile which is the current rate paid by the Council.

12.5 SUBSISTENCE ALLOWANCE The Panel has set a day subsistence rate of a maximum of £26 per day

(including breakfast when not provided as part of overnight accommodation).This would be a reimbursement of actual costs, for approved duties with receipts to be provided. The allowance for an overnight stay is set at a maximum of £105 for London and £90 for elsewhere, with receipts to be provided, for approved duties. In addition a maximum of £25 is available for an overnight stay with friends or relatives whilst on approved duty. The Council’s current arrangements is a payment of £140 per year for each Councillor for expenses incurred within the City and County of Swansea with additional subsistence allowance claimable for duties outside the City and County. The Panel is to further consider the question of subsistence allowances in due course and will be reporting in due course. It is suggested that the Council reconsider this issue at that time.

12.6 CO-OPTEES ALLOWANCE This is a new allowance introduced under the 2007 Regulations and

replaces the Financial Loss Allowance The Panel has decided that the

new Co-optees’ Allowance (payable only to co-optees with voting rights) should be set at two levels:

Co-optees who Chair council committees will receive £1, 450 per year and

for other co-optees the allowance is set at a maximum of £760 per year.

The Council currently has three co-opted Members who sit as voting members of the Children and Young People Overview and Scrutiny Boards but does not pay them an allowance.

13. FINANCIAL IMPLICATIONS 13.1 Basic Allowances and SRAs As stated in paragraph12.2 there is no budget provision to pay increased

allowances in 2008/09. Increasing allowances by 2.45% would result in a budget shortfall of £28k; increasing allowances to the level recommended by the Panel would result in a budget shortfall of £126k.

13.2 Care Allowances No councillors currently claim this allowance. As such there is currently no

budget. 13.3 Travel Allowance No increase is proposed in this allowance. 13.4 Subsistence Allowance

Currently a lump sum is paid. It is not known if implementation of the Panel’s recommendation could result in an additional cost.

13.5 Co-optees Allowance There is currently no budget for this new allowance.

14 LEGAL IMPLICATIONS

In accordance with the provisions of Section 18 of the Local Government and Housing Act 1989, Sections 99 and 100 of the Local Government Act 2000 and the Local Authorities ( Allowances for Members) ( Wales) Regulations 2007, the Council must make a scheme for the payment of allowances to Members in respect of each year. For 2008/09 this must be done by 29th December. The amount of each particular allowance to which Members are entitled must not be greater than the amounts prescribed by the Independent Panel for Wales. Therefore, the levels set by the Panel in their initial report, and subsequently in any annual or any supplementary report, are statutory maximums that cannot be exceeded. The Council is

not prohibited from setting a lesser amount than that prescribed by the Panel.

15 RECOMMENDATION

In accordance with the determinations of the Panel and in respect of the Scheme of Councillor Allowances for 2008/09, Council is asked to: (1) confirm that the Basic and SRA levels be frozen at 07/08 levels in

accordance with the budget agreed by Council; (2) confirm that the Care Allowance be made available to those

Members who qualify; (3) determine that the travelling rate as set out in paragraph 12.4 be

implemented; (4) confirm the continuation of the current annual subsistence

allowance arrangements and review that matter when the Panel has carried out its further work;

(5) confirm that the present arrangements currently operated by the

Council enabling Councillors to join the Local Government Pension Scheme, be continued;

(6) the date by which the Council publishes details of Allowances paid

for the previous year ( the Panel recommends that this coincide with the date of the publication of the Council’s statement of account).

Background Papers – None Contact Officer: Stephen H Rogers Legal Officer : Chris James ( 01792 636607) 25.11.08 CAROLE: 2008: MISC: SMHCEBW48Y08

Item No. 8 (C) (3)

Report of the Cabinet Member for Community Leadership and Democracy


THE STANDARDS COMMITTEE (WALES) REGULATIONS 2001 – APPOINTMENT OF INDEPENDENT MEMBER

Summary

Purpose: To agree the appointment of Mrs Jennifer Gomes as an

Independent Member of the Standards Committee for a term of 4 years from 5th December 2008.


Reason for Decision: To appoint an Independent Member to the Standards Committee

Consultation: Legal.


1)

The Council appoint Mrs Jennifer Gomes as an Independent Member of the Standards Committee for a term of four years from 5th December 2008.

1. Introduction

The Standards Committee (Wales) Regulations 2001 as amended provide that the Council will establish a Standards Committee which has the following functions:

a) Promoting and maintaining high standards of conduct by Councillors, Co-opted Members and Church and Parent Governor Representatives;

b) Assisting the Councillors, Co-opted Members and Church and Parent Governor Representatives to observe the Members’ Code of Conduct;

c) Advising the Council on the adoption or revision of the Members’ Code of Conduct;

d) Monitoring the operation of the Members’ Code of Conduct; e) Advising, training or arranging to train Councillors, Co-opted

Members and Church and Parent Governor Representatives on matters relating to the Members’ Code of Conduct;

f) Granting dispensations to Councillors, Co-opted Members and Church and Parent Governor Representatives from requirements relating to interests set out in the Members’ Code of Conduct;

g) Dealing with any reports from the Monitoring Officer on any matter;

The Standards Committees will also undertake roles, for ethical audit purposes, including:

I. overview of internal and external audit; II. overview of the Whistle blowing Policy; III. overview of Complaints Handling and Public Services

Ombudsman for Wales Investigations; and IV. overview of the Constitution.

The Procedure for investigating complaints is determined by the Standards Committee, and may be amended by the Committee at any time.

2. Independent Members

2.1. The Council’s Standards Committee is composed of nine Members; five Independent Members and four Councillors. An Independent Member is defined as not being a Councillor or Officer, or the spouse of a Councillor or Officer, of this Council or any relevant Authority defined by the Regulations. 2.2 The Regulations require that appointments of Independent Members shall be made by the Authority which shall have regard to the Panel. 2.3 The Panel has met and interviewed four candidates. The Panel recommend that the following applicant be appointed:

Mrs Jennifer Gomes

3. RECOMMENDATION

That the Council appoint Mrs Jennifer Gomes as an Independent Member of the Standards Committee for a term of four years from 5th December 2008.

Background papers: None Contact Officer: Stephen H. Rogers

01792 636607 26.11.2008 Z: Word /Committee /Reports/Council/4thdec08

Item No. 8 (C) (4)

Report of the Cabinet Member for

Community Leadership and Democracy


LOCAL GOVERNMENT ACT 1972 – CONFERRING OF TITLE OF HONORARY ALDERMAN ON FORMER

COUNCILLOR P H VALERIO

Summary

Purpose: To agree to confer the title of Honorary Alderman on former Councillor P H Valerio.

Policy Framework: Minute 72 of Council of 11th August 2005

Reason for Decision: To make the necessary arrangements to confer the title of Honorary Alderman on former Councillor P H Valerio

Consultation: Legal.


1)

The Council agree to confer the title of Honorary Alderman on former Councillor P H Valerio in recognition of eminent service rendered to the former Swansea City Council and West Glamorgan County Council.

1. Introduction

Under Section 249 of the Local Government Act 1972 a principal Council, may by a resolution passed by not less than two-thirds of the Members voting thereon at a meeting of the Council specially convened for the purpose, confer the title of Honorary Alderman on persons, who have in the opinion of the Council rendered eminent services to the Council as past Members of that Council, but who are not then Councillors of the Council.

2. Eminent Service

Former Councillor Valerio was first elected to the former Swansea City Council in 1968 and served until 1994 and on the former West Glamorgan county Council from 1973 until 1981. This amounts to a collective total of 26 years service representing his community which is an exemplary record.

3. RECOMMENDATION

The Council agree to confer the title of Honorary Alderman on former Councillor P H Valerio in recognition of eminent service rendered to the former Swansea City Council and West Glamorgan County Council and that an Extraordinary Council be arranged for that purpose.

Background Papers:None Contact Officer: Stephen H. Rogers

01792 636607 26.11.2008

Item No. 8 (D) (1)

Report of the Leader


HACKNEY CARRIAGE DEMAND SURVEY 2008

Summary

Purpose:

This report details the outcome of the survey of hackney carriage demand in Swansea and requests consideration of whether a limit should be placed on the amount of Hackney Carriage vehicles.

Policy Framework:

The Council Licensing Policy.


For Council to determine whether it wishes to introduce a limit on the number of Hackney Carriage vehicle licences issued.

Consultation:

Legal and Democratic Services and Finance.

Recommendation(s):

In taking all factors into consideration Cabinet recommend that Council do not limit the number of hackney carriage vehicle licences issued.

1. Introduction 1.1 Members will recall a request was received from the Rail, Maritime and

Transport Workers Union (RMT) on behalf of certain members of the hackney carriage trade, that the City and County of Swansea undertake a survey of demand for hackney carriage vehicles in Swansea with a view to limiting the number of hackney carriage vehicle licences issued.

1.2 This request was considered by Council on the 8th March 2007. A

copy of the report is attached at Appendix A. 1.3 The decision of Council was that before determining whether or not to

undertake a survey of demand in the city, that a consultation be carried out with all interested parties and that the Environment Scrutiny Board oversee the consultation and report back to Council for decision on the way forward.

2. Results of Consultation 2.1 The consultation was completed and the report of the Environment

Scrutiny Board was considered by Council on 6th December 2007. A copy of the report is attached at Appendix B.

2.2 The decision of Council following consideration of the report was that a

survey be carried out to determine whether or not there is significant unmet demand for hackney carriage services in Swansea.

3. The Survey 3.1 Following the required tender process a company called Halcrow were

commissioned to carry out the survey of demand. 3.2 This survey was carried out over a period of time and involved

observations at the city’s taxi ranks, on-street survey of the public and written consultation with key stakeholders.

4. The Results of the Survey 4.1 The final report from Halcrow, detailing the findings of the survey

together with options available to the Council is attached at Appendix C.

4.2 The study from Halcrow concludes that there is no evidence of

significant unmet demand for hackney carriages in the City & County of Swansea.

5. Observations 5.1 Whilst the study shows that there is no evidence of significant unmet

demand for hackney carriages in Swansea this is only one consideration that the Council will need to take into account when making a decision to limit numbers. Members will also need to bear in mind the Department for Transport Best Practice Guidance for Taxi Licensing issued in 2006. This states that the DFT considers it to be best practice not to impose quantity restrictions as follows:

“most local licensing authorities do not impose quantity

restrictions; the department regards that as best practice”. 5.2 The Department for Transport also asked those authorities that

imposed quantity restrictions to review their policies as they believe that such restrictions should only be maintained where there is clear benefit to the consumer i.e. the travelling public.

5.3 Up to date information obtained regarding the number of local

authorities that currently impose quantity restrictions demonstrates that there is a clear trend toward removing the restrictions.

Currently 92 out of 343 (26.8%) local authorities impose quantity restrictions compared to 45% in 2003. In essence, 40% of those authorities that used to restrict no longer do so.

5.4 Up to date figures regarding the number of licensed hackney carriage

vehicles in Swansea demonstrate that the market continues to sustain growth.

i. the number of hackney carriage vehicles currently licensed is

384 increasing from 373 in March 2007. ii. since March 2007 35 new applications for hackney carriage

vehicles have been received and 24 licences have been returned, resulting in an overall increase of 11 vehicles.

6. Advantages and Disadvantages of Quantity Regulation 6.1 The government, whilst taking the view that local authorities should

continue to be responsible for making decisions about whether or not to control taxi numbers in their area, make it clear that those authorities that impose quantity controls must review their policies with particular emphasis on benefits for consumers and in their response to the OFT report urged them to abandon such controls unless they could demonstrate that they were in the best interests of the consumer.

6.2 The advantages and disadvantages to consumers, the Council and the

Taxi Trade of imposing quantity restrictions, are summarised below:- Advantages and Disadvantages to Consumers

Advantages Disadvantages • May make drivers who rent

vehicles as they are unable to acquire a licence of their own, work at the least attractive times i.e. evenings and weekends.

• Private hire trade likely to

increase therefore consumers would have an increased supply of pre-booked vehicles.

• Increase in unlicensed activity

which will pose a threat to public safety.

• Improvements to the wheelchair

accessible fleet would be halted or progress at a much reduced rate.

• Increase in waiting times

particularly during times of high demand.

• Knock on effect of longer

waiting times and fewer taxis available could increase alcohol related crime and disorder particularly in the city centre.

• Taxi drivers ‘cherry’ pick when they work and less taxis available during unsocial hours.

• Less choice. • Increase in latent demand.

(People use other forms of transport.)

• Restricts competition. • Prevents new applicants

entering hackney carriage vehicle trade.

Advantages and Disadvantages to the Council/Other Bodies

Advantages Disadvantages • Reduced administrative

burden of new applications for hackney carriage vehicle licences (but likely increase in private hire trade).

• Possible reduction in need

for rank space. • Depending on limit set,

maintenance of current levels of traffic congestion.

• Depending on limit set,

maintenance of current levels of environmental impact.

• Increase in unlicensed activity

requiring greater enforcement. • Depending on limit, decrease in

income received to fund additional enforcement.

• Greater likelihood of legal

challenge in any new policy. • Financial implications of

ongoing funding required for surveys/legal challenges.

• Increase in alcohol related

crime and disorder at taxi ranks/city centre.

• Halted/reduced improvement in

wheelchair accessible fleet. • Departure from government

‘best practice’ guidance. • Reduction in new business

starts.

Advantages and Disadvantages to the Trade

Advantages Disadvantages • Protection of their

trade/reduced competition. • Vehicle plates command a

premium (some authorities report values of £4,000 up to £80,000).

• Increased earnings. • Need to work less

hours/increased choice of when they want to work.

• Shorter waiting time for

fares.

• Increased fees to fund ongoing

financial implications of limiting. • Increased ‘latent’ demand

(people use other forms of transport).

• Subsequent decision to remove

any limit would render vehicle premium worthless creating a negative equity for licence holders.

• Increased dissatisfaction by

customers as a result of longer waiting times.

7. Financial Implications 7.1 If a limit was introduced this would have to be based on a survey that

reflects demand at a particular time. This information would need to be kept up to date through regular surveys at a maximum interval of three years. The DFT Guidance suggests that this cost can be met through the revenue raised from taxi licence fees and could be somewhere in the region of £15,000. The costs would need to be borne entirely by the licence holders including a margin to cover the costs of fighting any legal challenges resulting from introducing a limit. Taxi fees would therefore need to be increased to fund these costs.

7.2 Limitation would obviously remove any additional income receivable

from the granting of new vehicle licences. Based on the number of new applications received since March 2007 this would mean a reduction in income of £2,000 per year. This would have a knock on effect in relation to the overall service provision.

8. Legal Implications 8.1 Section 16 of the Transport Act 1985 amended the Town Police

Clauses Act 1847 and allowed Councils to restrict the numbers of Hackney Carriage vehicles if they wished to do so. It must be noted that this is discretionary.

In order to satisfy the prescriptive provisions of the Transport Act, before exercising this discretion, Council must be satisfied that there is no significant unmet demand. The survey from Halcrow confirms that, at this point in time, their opinion is that there is no significant unmet demand.

8.2 This does not mean that the Council must limit hackney carriage

vehicle licences issued, even if it is satisfied that demand is met. The effect of the 1985 Act is to prevent the Council from restricting the numbers for any other reason.

8.3 Clearly any decision that Council make whether to place a limit on the

number of Hackney Carriage vehicles or not, could potentially be open to challenge by way of Judicial Review. Therefore, Council will need to ensure that it takes all factors into consideration. It is the case that this is a discretionary function and as such, the Court will be unlikely to intervene in the exercise of a discretion unless the decision making process was flawed. Any decision would have to avoid being “Wednesbury” unreasonable. This means that the Council will have to take account of relevant considerations, not take into account irrelevant considerations and come to a decision that a reasonable Council would reach based on the circumstances before it.

8.4 The Department for Transport Guidance referred to in the Licensing

Officers report does not have statutory effect; this means that it is not something prescriptive that binds the Council. However, it would be highly unusual for a public body to depart from guidance from national government unless there were good reasons for doing so. In this case Government guidance suggests that a licensing authority’s decision of whether or not to limit hackney carriage vehicles should be approached in terms of the interests of the travelling public. Clearly this factor must be taken into account. If Council were to depart from this non statutory guidance, it would have to carefully set out and record its reasons for doing so. If this were not done then, if the Council did limit, any interested party could apply for a Judicial Review of the decision alleging that the Council had failed to take into account a relevant consideration.

8.5 Further, if Council should set a limit, there is a possibility of challenge

by future applicants for a Hackney Carriage licences on the basis that the Council had unreasonably fettered its discretion. Any policy introduced must be kept under review and also be seen to be responsive to changes in the local economy impacting upon the hackney trade.

8.6 There are also suggestions that a limit would create a closed market

which could consequently be in restraint of trade. It is the view of the Office of Fair Trading that it is preferable that an open market is maintained.

9. Director’s View 9.1 In summary, it is the Director’s view that on balance it is not in the

interest of the Council or the consumer to limit the number of hackney carriage vehicle licences issued. It may be seen however to be in the interest of some aspects of the trade.

10. Recommendation 10.1 In taking all factors into consideration Cabinet recommend that

Council do not limit the number of hackney carriage vehicle licences issued.

Background Papers • Previous Council reports; March 2007, December 2007 • Scrutiny reports; April 2007, June 2007, August 2007 • Report to Cabinet; 20th November 2008. • Hackney Carriage Demand Survey 2008 • The Regulation of Licensed Taxi and Private Hire Vehicle Service in the

UK • Office of Fair Trading; Report 2003 • Department for Transport:- Taxi and Private Hire Vehicle Licensing Best

Practice Guide 2006 • Department for Transport Taxi Licensing:- Review of Local Authority

Quantity Control Policies 2005 Contact Officer: Martin Saville, Head of Environmental Health Services

01792 635602 Legal Officer – Patrick Arran

01792 636621 File Reference: X: ELH2414 Appendix A Appendix B Appendix C

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District and Year of Survey

Population per

Hackney

Proportion Waiting at

Ranks

Proportion Waiting >=

1 Min

Proportion Waiting >= 5

Mins

Average Passenger

Delay

Average Cab Delay

% Excess Demand

Demand Peaked, Yes=0.5

No=1

ISUD Indicator

Value

Swansea 2008* 579 18 13.21 3.94 1.15 16.15 3 0.5 26Torridge 2008 1,202 7 0.94 0 0.12 14.99 0 1 0

Richmondshire 08 723 5 1 0.07 0.22 34.32 1 0.5 0.4

Exeter 2007/08 1,883 7 4 0.6 0.33 15.27 6 1 9

Manchester 07 394 21 6 2.28 1.59 10.24 14 1 174

Bradford 07 1,630 18 2 0.03 0.23 17.64 5 1 2

Bradford 03 2,171 19 6 0.77 0.25 14.89 6 1.0 9

Barnsley 2007 3,254 5 8 0.22 1.32 11.93 5 1 58

Broadstairs 2006 1,000 13 13 10 3.25 23.97 4 1 177

Margate 2006 1,622 4 1 0 0.05 33.14 0 1 0

Ramsgate 2006 1,026 2 2 2 0.49 19.57 13 1 13

Plymouth 2006 669 7 3 1 0.52 11.58 1 1 2

Brighton 2006 508 52 23 6 0.73 7.64 6 0.5 50

Thurrock 06 1,590 32 13 1 0.22 15.27 0 1 0

Trafford 06 2,039 55 38 6 1.09 13.15 5 1 249

Hull 06 1,433 45 23 4 0.68 10.2 5 0.5 38

Leicester05 880 21 11 1 0.35 19.36 3 1 12

Bournemouth 05 656 20 11 2 0.37 12.25 1 0.5 2

Rotherham 04 5,200 45 37 3 1.09 9.68 4 1.0 168

Oldham 03 2,558 30 12 0.79 0.48 14.8 7 1.0 40

Blackpool 03 556 21 4 0.3 0.13 12.4 6 1.0 3

Thurrock 03 1,607 43 14 1.01 0.50 12.5 2 1.0 14

Wolverhampton 03 3,113 50 31 7.39 1.49 11.18 14 1.0 647

Bournemouth 02 702 25 15 2 0.67 9.97 1 0.5 5

Brighton 2002 540 60 35 12 1.11 8.31 5 0.5 97

Exeter 02 2,353 47 18 3 0.71 10.12 20 1.0 256

Wigan 02 2,279 28 10 0 1.17 11.98 6 1.0 70

Cardiff 01 656 51 29 6 0.83 8.77 14 0.5 168

Edinburgh 01 373 47 29 9 1.27 8.77 13 1.0 479

Torridge 01 1,298 25 21 0 0.51 9.32 8 0.5 43

Worcester 01* 941 40 4 1 0.46 12.3 8 0.5 7

Ellesmere Port 01 2,527 80 48 17 2.49 4.23 49 0.5 2,928

Southend 00 895 46 29 8 1.92 8.08 4 1.0 223

South Ribble 00 * 485 12 0.25 0.25 0.07 11.27 0 1.0 0

Leeds 00 1,693 83 61 33 5.03 7.92 36 1.0 11,046

Sefton 00 1,069 18 8 0.6 0.28 12.95 6 1.0 13

Leicester 00 * 956 10 7 3 1.17 20.19 1 1.0 8

Castle Point 00 2,286 28 12 3 0.74 8.6 2 0.5 9

Bedford 00 2,931 25 15 10 0.86 6.86 4 1.0 52

Thurrock 00 1,406 28 14 2 0.63 10.66 6 1.0 53

Manchester 00 569 59 40 13 1.78 6.79 23 1.0 1,638

AVERAGE 1,470 31 16 4 0.94 13 8

KEY * Derestricted Authorities + Deregulated Licensing zone within Sunderland City# 1991 report pre-dated ISUD ++ SUD = Significant Unmet Demand (values subject to rounding)

Table 4.3 A Comparison of Swansea with Other Authorities Studied (values in italics make up ISUD)

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� � � �� 4� '��%� �� &4� (�� &� � ��

� � � � � � � �� .�

�� G � %�� '�&� &�� &� � �� '��%� � �� &� '��%�

� �� &&�� .�� '�&��&� �&�� &�

� �� '��%�� (�� + �� %� �� (� �� 0� � � �� 3��

�� &&3.�� - � �� (� �� '�&�&� � � � &�� &�� &�&� � � � ��

� � '�� %� �� %� �� &� �� (�&�� &� &�� &.�

�� %� ��&&� � &��&� �� *�

• �� &� �&� �%� � �� %� � � �� 5 �� '%� �� &�� '� � � � �&�'%� � �� &&� � � � �&�� ((,�

• $%� � '�� (� �� '%� � �� %�� &&� �� %�� '�&� � �� &� � ��

� � �� ,�

• � �� &�&� � � �� %�� %�� %�,��

• H � � � �&�� (�� &�� &� � � �� '.�

�� $%� � � � � �� + � � �� (� � &�� + �� '�� &� �� &� � � �� (�� '��%�

� � � � � �� &� � � � �� &� � � �� + �&� �� &�(� �� &� �� %�� + �&��

� �� &.�

�� ! � " ��$ � � � � � �� (� ��%��%� �&� � � �� (�%�� &�

'�&�� - � �� &&�� &� � (�� &� � (� � '�� &� ��%� '� � � �� &�

(� �� %�� %� �� %�� %�� &.� $%� � �� (� �%� � �� &�

� �� &� � �� + � � �� 4� '��%� �� &� � ��

�%� �� - � �� (� �� .�

�


�� '�� &�'� �� &� � � � &�� ? � � �� &�� %� �: � �� &�� 4�'��%� � �� &�� &�

� �� &&� �� %� � � � � �� (�$�+ �� ? ��&%��&�

� � �� &�� "8*8"�� .� �� '�&� (� �� %�� %� �� '�&� �� - � �� &� � � �� (�

'%� � �� %�� &&� �� %�� &� �� '�� &� �� '��%� � � � �� '%� � �� %��

�� &&� �� %�� &� � �� - � �� .�

�� $�+ ��(�� &�'� �� &� � �� - � �� &� � �4��%� � � %�� &��

� �� &� � � �� &�(� �� &�� &.�

�� &�(� �� &&� � &� '� �� &� �� %� � ��+ �� '� � �&� �&&� � �� 4� ��%� � � %� $�+ ��

? ��&%��&� &%� � �� %� � � �� %�.� � ��'�&� � � �� %�� %� ��

� � �� + �&�� '�� &� �.��

�� 0 � D � �� (� �� %�� '�� &� �� %�&� �� - � �� &� � � �� (� � �%�

%�� %�� %�� &� �� &&� �� &� � (� �%� � ��

�� &&� �� &� � (� �%� � � �� .� � � � � �� '�&� ��&� �� %��

� � %�� &� �� &&� � � � �&� �� &� '%�� %� �&� ��

� � � � �� (� �� &&� � �(� ��%� �� .�5 �� &� ((� �&�(�� - � ��

��+ �� &�� %� �� (�� &�� &�'��%�� %� �

�� 4� '%�� %� %�&� �� %� � (� �� (� �� &� � �� &�� &&� � &� (� �� %� �

� � �� &� � (� � �� &� �� &�'� ��&� � � �� &�(� �� .�$�+ �� ? ��&%��&�

%�� &�� &� �� '� � �� %� � � � � &�� (�

� � �� &�� &� �� &� �� %�� .� 2 �� (� ��+ ��

�� &� �&� �� - � �� &� � �'�� &&� � (� � � � E�� &�� %�� &� ��

� � �� %�� Q�� (�� .�

�� 5 2 � � � � � �� - �(� ��%��%� ��

�&�� &� � � �� (�%�� &�� %�� %�� &�� &�

� (� �%� � �� 4� �� &� %� � �� &��Q(�� &%� �� &� �� &4� '��%� �%� ��

&� � � � ��((�� &� � � � (�� &� �� &� �� .� $%� �

&�� (� � � %�� &� �&� � �� (�� .�� (�

&� � � � �� &� '�&� � � �� &� � �� '��%� &� � � � �� &� �� (� &��

'%� � �� %�� &� �&� �� %� � &�� &� � � �� &� '%� � � � �� E � � � �.� ��

�� &%� � �� &�� &� �� '�� &&�� %� '��

�� '��%��&� �� .�

�� &�� %�&�� &�� (��%� �� '� �� &� � � � &�� &�� - � ��

�� '�� &&�� &�� &�� &� �� %��+ �&�- � � � �� &��

�� %� &� � �� &.� �� '�&� (� �� %�� (� '%� � �� %��

�� &&� �� %�� &� �� - � �� .� �� &�� &� '� �� &� � � � &��

� � � �� '��%�� &�� %�� &.�� &� ��

� � � � �� '%� � �� + �&� �&� �%� �� (� �� &� � �� %� � (�� &� ��

� �� %� �� 4� '��%� �%� � &� � � � &�� %�� %� � � � � � � �� + ��

� � � � %� ��&� &�� .�

�� '� � � � � �� (� � ��&�(� �'�� &�� %� �� %��'��%�� (� ��

$�+ �� ? ��&%��&� � �� &� �� %�� &� ��

�


� �� (� �.��'�&�(� ��%��%� �� &�� &� � �� '�� &� ��

�� %� � � &� � � (� ��+ �&.� � � � � &�� '�&� � �� &� �� &�

��((�� + �� &� �� &.��

�� &� � �� (� �%� � # � �� * � � � � ��- � � ! � � � � � � �� 6 � � � � (� �� %�� %� ��

� � �� + �&�� '�� &� ��'%�� %�� &� � � �'��%��+ �&�- � � � ��

�� &� �� %� � �� %�.� $%� � � � %�� &� �� (��

� � � �� &� � �.�� &�� - � �� 5 � �� %� �

? � �(�� 4�'��%� � �� &�� - � �� &%� '�� &�� &� �%� � ��

� (� �%� � � � �� &�� .�� '��%� � �%� �� &� � (� �%� � � � � � �� '�� &� ��%�&�

�� - � �� '%� � �� %�� &&� �� %�� &.� $%� �� &� � � � �� &�� (� ��+ ��

&� �� &�� &� � �.� � '�� &� ��&%� � �� %� � � � � � �� (� ��+ �&�

�&��%� �� &�� %�� %.�

�� 0 �� %�&�� '&�� %� �� - � �� (�%��

� �� %�� &� � � �� '�� &� �.�$%� � � (� �� %�� %�� - � �� (�

%�� &� �&� %�� %� �� %� �� (� �� &� � (� � � %��

�� ((� �� &&� � � � �� &.��

�� + � � �� (� �� &� �� - � �� %�&� � � � � � � � �� '��%� �� &� � � ��

� � � �� &�� %� � � �� &&� � � � �&�� %� ��&�� (��%� ��((��

�� &�� &�� ? �� 3&�%� �� %.�$%�&�� &�� %�&�

�� '��%� � � &� �� &&� 5 �� 4� � &�� %� � � ��

�� %� � � &�&�� .�� &�%�� &� � �� %�&�� '%� � �� &�

%�� & � �� &� �%� � � �� &�� &�� &� �%� � � �� 3��

'�� &� ��%� �� .�� ((�� '�� &�%�� (��

�� &� �� %� &� �&�� &.�

�� ? � �� &�� - � �� &�� &� �� &&� � � � �&.�

$%� �� &�� &� ��%� �� &�� &�'%�� %�� %�� %��%� �

��+ �� .� $�+ �� &� � � � �� '�� &&� � (� �%� � �� (� �%� �� &� ��

� �� &�� &�� &�� .�

�� &�� - � �� %� �� (�� + �&�� + �&�'��%�

��+ �� &%��&�%�� (�� %� �� &.��&�(� ��%��

� � � �� '%� � �� %�� &&� �� %�� &� �� - � �� %�� &� � � ��

� �&� �� E � � ��'%� � �� %�� &&� �� %�� '�� &� �.�$%� �� &� � � ��

&�� %��%� � �(� ��&�(� �� &�� %�%�� &�� %�� %�� &�

�&� '� �� &� '�� &.� $�+ �� ? ��&%��&� �� (� �� %�� &�� ((� � ��

'��%�� %� �� %� �� '�&�� (��

� �� %�.�

�� $�+ �&� � � � � �� %� �� &� � (� � � �� &� � �� '� �� &� �%� � � ��

� �%� �%� � �� &� &�� (�� (� �%� �

&%� � � � �� (�� .�$%� �� (�%�� &�&%� � �� &�

�� &� � �� %�� (� �� &� �� %� � � � � � �� (� ��+ �&.� �(� %��

�


� �� &� '� �� %� � � �� '� � �� (�� %�� '%� � ��

�� %� �&�� '�� .�

�


�

�

7 Summary and Conclusions

0�� 1� ��

�� '�%�&� � � � �� &�� (� �%� � %�� %��(� � (�

�� (� � '�� &� �.� � �� '� %�&� �%� � � � � (�� (� � � � �� 9#� � � ��3&�

� + � � �� (�� &� �� %�� %� ��+ �� .�

�� $%� �� &� � ��&�� %�&� � � � �� &� �� (��%� �(� �� '�� )� � �� &*�

• �� (� � '%� �%� �� %� �� + �&�&� �� &�� (�� (� ��

%�� &� �� &�� '�� &� �,��

• �� %� � �� &� � �� &� �� - � ��

&�� (�� .�

�

�� $%�&�&� � �� &� �&� � &�� &&��%� ��&&� � &�� (�� %�� 9.�

0� ��%�� 3�)� 2�)��=$� �� (� ��

�� $%� �!""#�&�� %�&� �� (�� %�� %� �� &�� (� &�� (��

�� (� �� %�� &� �� '�� &� �.� �� &� %� �� & � '� ��

�� '��&��%� �� %�� %�&��&�� (�� '�� E� � �� %� �� &�

� � �� &� �� %� � �� N� � � �� >9R� � (� �� &� �� %�� &� '� ��

� &� �� %� � �� &� �� %� � �� .� � $%�&� (�� (� � � � &�� (��

�� &� �&� �� &&� &&� � � �� (� � �%� � �� 6�� 7� ��

6� � �� Q&� � � �� &&� �7�� .�

�� &�� &� �� (��%�&�(�� %� �� &�� %� �� %�&��%� �(� �� '�� &*�

97 � � �� '��%�� (�(�� %� �%�� ,�

!7 �� %� �� (�%�� &�� - � �� %� �

� � �� (�� %�� &�68#/7�

87 �� %� �� (�%�� &��

�%�� %� �� (�%�� &.�

�

�


St Mary's Street Thursday 22/05/2008 1000-1800

Hour Passengers CabsPassenger

Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum

Cab QueueExcess Demand Equilibrium

Excess Supply

10-11 11 6 0 78 0.00 65.00 0 5 0 0 111-12 17 8 0 72 0.00 45.00 0 5 0 0 112-13 14 6 0 78 0.00 65.00 0 6 0 0 113-14 19 8 0 81 0.00 50.63 0 5 0 0 114-15 16 8 0 124 0.00 77.50 0 10 0 0 115-16 20 8 0 128 0.00 80.00 0 8 0 0 116-17 24 8 0 126 0.00 78.75 0 10 0 0 117-18 25 12 0 111 0.00 46.25 0 8 0 0 1Total 146 64 0 798 0.00 62.34 0 0 8

St Mary's Street Wednesday 21/05/2008 1800-0000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

18-19 3 5 0 12 0.00 12.00 0 0 0 1 019-20 0 0 0 0 0.00 0.00 0 0 0 1 020-21 0 0 0 0 0.00 0.00 0 0 0 1 021-22 0 0 0 0 0.00 0.00 0 0 0 1 022-23 0 0 0 0 0.00 0.00 0 0 0 1 023-00 0 0 0 0 0.00 0.00 0 0 0 1 0Total 3 5 0 12 0.00 12.00 0 6 0

St Mary's Street Saturday 14/06/2008 1000-1800


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

10-11 7 22 0 13 0.00 2.95 0 0 0 1 011-12 16 15 0 47 0.00 15.67 0 0 0 1 012-13 41 36 0 59 0.00 8.19 0 0 0 1 013-14 36 30 0 58 0.00 9.67 0 3 0 0 114-15 46 36 0 66 0.00 9.17 0 1 0 1 015-16 58 36 0 22 0.00 3.06 0 0 0 1 016-17 56 42 0 65 0.00 7.74 0 1 0 1 017-18 48 31 0 45 0.00 7.26 0 2 0 1 0Total 308 248 0 375 0.00 7.56 0 7 1

St Mary's Street Saturday 23/02/2008 1800-0000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

18-19 8 10 0 17 0.00 8.50 0 0 0 1 019-20 0 3 0 1 0.00 1.67 0 0 0 1 020-21 0 2 0 0 0.00 0.00 0 0 0 1 021-22 0 8 0 8 0.00 5.00 0 0 0 1 022-23 0 44 0 4 0.00 0.45 0 0 0 1 023-00 0 52 0 15 0.00 1.44 0 0 0 1 0Total 8 119 0 45 0.00 1.89 0 6 0

St Mary's Street Sunday 08/06/2008 1400-1800


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

14-15 12 12 0 87 0.00 36.25 0 5 0 0 115-16 21 15 0 46 0.00 15.33 0 1 0 1 016-17 16 12 0 55 0.00 22.92 0 2 0 1 017-18 5 5 0 1 0.00 1.00 0 0 0 1 0Total 54 44 0 189 0.00 21.48 0 3 1

Kingsway (Opposite NCP car park) Thursday 22/05/2008 1000-1800


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand

EquilibriumExcess Supply

10-11 1 5 0 13 0.00 13.00 0 0 0 1 011-12 1 3 0 14 0.00 23.33 0 0 0 1 012-13 2 3 0 4 0.00 6.67 0 0 0 1 013-14 2 6 0 12 0.00 10.00 0 0 0 1 014-15 2 7 0 16 0.00 11.43 0 0 0 1 015-16 0 2 0 8 0.00 20.00 0 0 0 1 016-17 0 3 0 4 0.00 6.67 0 0 0 1 017-18 1 1 0 0 0.00 0.00 0 0 0 1 0Total 9 30 0 71 0.00 11.83 0 8 0

Kingsway (Opposite NCP car park) Thursday 12/06/2008 2000-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 2 3 0 22 0.00 36.67 0 1 0 1 021-22 6 4 0 34 0.00 42.50 0 0 0 1 022-23 0 2 0 57 0.00 142.50 0 4 0 0 123-00 3 8 0 61 0.00 38.13 0 4 0 0 100-01 27 19 0 61 0.00 16.05 0 1 0 1 001-02 78 36 0 86 0.00 11.94 0 2 0 1 002-03 68 35 0 160 0.00 22.86 0 1 0 1 003-04 54 32 3 119 0.28 18.59 3 4 0 0 1Total 238 139 3 600 0.06 21.58 0 5 3

Swansea Taxi Study 2008

Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes Market Conditions

Market Conditions


Rank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes

Market Conditions



Market Conditions



� � � � � � �" ��

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Kingsway (Opposite NCP car park) Saturday 31/06/08 1000-1800


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


10-11 0 0 0 0 0.00 0.00 0 0 0 1 011-12 0 0 0 2 0.00 0.00 0 0 0 1 012-13 0 0 0 12 0.00 0.00 0 1 0 1 013-14 1 1 0 7 0.00 35.00 0 0 0 1 014-15 0 0 0 0 0.00 0.00 0 0 0 1 015-16 0 0 0 0 0.00 0.00 0 0 0 1 016-17 4 4 0 8 0.00 10.00 0 0 0 1 017-18 0 0 0 12 0.00 0.00 0 1 0 1 0Total 5 5 0 41 0.00 41.00 0 8 0

Total Saturday 21/06/2008 2000-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 12 9 0 50 0.00 27.78 0 2 0 1 021-22 8 11 0 92 0.00 41.82 0 5 0 0 122-23 49 25 0 80 0.00 16.00 0 0 0 1 023-00 100 52 0 68 0.00 6.54 0 1 0 1 000-01 142 68 20 96 0.70 7.06 10 1 1 0 001-02 243 137 66 62 1.36 2.26 15 0 1 0 002-03 385 164 232 70 3.01 2.13 38 1 1 0 003-04 262 118 174 34 3.32 1.44 42 0 1 0 0Total 1201 584 492 552 2.05 4.73 4 3 1

Kingsway (Opposite NCP car park) Sunday 25/05/2008 1400-1800


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


14-15 0 0 0 0 0.00 0.00 0 0 0 1 015-16 1 1 0 3 0.00 15.00 0 0 0 1 016-17 1 1 0 16 0.00 80.00 0 1 0 1 017-18 1 1 0 9 0.00 45.00 0 0 0 1 0Total 3 3 0 28 0.00 46.67 0 4 0

Kingsway (McDonalds) Saturday 28/06/2008 2300-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 2 12 0 13 0.00 5.42 0 0 0 1 000-01 14 16 0 25 0.00 7.81 0 0 0 1 001-02 23 27 0 32 0.00 5.93 0 0 0 1 002-03 30 20 7 28 1.17 7.00 7 0 1 0 003-04 44 24 0 9 0.00 1.88 0 0 0 1 0Total 113 99 7 107 0.31 5.40 1 4 0

Kingsway (McDonalds) Saturday 1406/2008 2300-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 131 56 65 3 2.48 0.27 16 0 1 0 000-01 156 78 458 0 14.68 0.00 50 0 1 0 001-02 156 86 473 0 15.16 0.00 50 0 1 0 002-03 233 142 425 20 9.12 0.70 43 0 1 0 003-04 226 123 201 49 4.45 1.99 33 0 1 0 0Total 902 485 1622 72 8.99 0.74 5 0 0

Kingsway (McDonalds) Thursday 05/06/2008 2300-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 13 9 2 29 0.77 16.11 2 0 0 1 000-01 46 21 0 68 0.00 16.19 0 1 0 1 001-02 18 13 0 98 0.00 37.69 0 3 0 0 102-03 123 55 0 131 0.00 11.91 0 7 0 0 103-04 90 41 0 85 0.00 10.37 0 0 0 1 0Total 290 139 2 411 0.03 14.78 0 3 2

Quadrant Street Wednesday 21/05/2008 1000-1800


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


10-11 4 4 0 54 0.00 67.50 0 2 0 1 011-12 16 11 0 63 0.00 28.64 0 3 0 0 112-13 21 12 0 38 0.00 15.83 0 2 0 1 013-14 18 13 0 69 0.00 26.54 0 2 0 1 014-15 18 16 0 92 0.00 28.75 0 5 0 0 115-16 22 16 0 56 0.00 17.50 0 2 0 1 016-17 22 16 0 117 0.00 36.56 0 6 0 0 117-18 32 18 0 119 0.00 33.06 0 7 0 0 1Total 153 106 0 608 0.00 28.68 0 4 4

Quadrant Street Thursday 05/06/2008 1800-0000


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


18-19 44 22 0 95 0.00 21.59 0 4 0 0 119-20 24 16 0 54 0.00 16.88 0 4 0 0 120-21 8 6 0 71 0.00 59.17 0 5 0 0 121-22 7 6 0 67 0.00 55.83 0 3 0 0 122-23 5 6 0 48 0.00 40.00 0 2 0 1 023-00 2 5 0 59 0.00 59.00 0 3 0 0 1Total 90 61 0 394 0.00 32.30 0 1 5

Market Conditions



Market Conditions



Market ConditionsRank Throughput Queue 'Snap-Shot' Totals Service Quality Queue Extremes

Market Conditions




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Quadrant Street Saturday 14/06/2008 1000-1800


Queue Cab QueueAverage

Passenger Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand Equilibrium

Excess Supply

10-11 4 4 0 12 0.00 15.00 0 0 0 1 011-12 26 14 0 45 0.00 16.07 0 0 0 1 012-13 46 27 3 18 0.33 3.33 3 0 1 0 013-14 20 12 0 82 0.00 34.17 0 5 0 0 114-15 59 27 0 91 0.00 16.85 0 2 0 1 015-16 42 20 0 114 0.00 28.50 0 5 0 0 116-17 40 20 0 108 0.00 27.00 0 6 0 0 117-18 14 10 0 129 0.00 64.50 0 7 0 0 1Total 251 134 3 599 0.06 22.35 1 3 4

Quadrant Street Sunday 02/05/2008 1400-1800



Passenger Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue


Excess Supply

14-15 16 9 0 69 0.00 38.33 0 3 0 0 115-16 25 15 0 143 0.00 47.67 0 8 0 0 116-17 10 10 0 109 0.00 54.50 0 8 0 0 117-18 28 15 0 111 0.00 37.00 0 5 0 0 1Total 79 49 0 432 0.00 44.08 0 0 4

Quadrant Street Saturday 24/05/2008 1800-0000


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


18-19 30 17 0 102 0.00 30.00 0 5 0 0 119-20 25 16 0 77 0.00 24.06 0 4 0 0 120-21 10 7 0 144 0.00 102.86 0 9 0 0 121-22 30 16 0 80 0.00 25.00 0 4 0 0 122-23 20 14 0 54 0.00 19.29 0 1 0 1 023-00 6 7 0 11 0.00 7.86 0 0 0 1 0Total 121 77 0 468 0.00 30.39 0 2 4

High Street Wednesday 21/05/2008 1000-1800


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

10-11 30 17 6 87 1.00 25.59 6 0 1 0 011-12 16 12 0 58 0.00 24.17 0 4 0 0 112-13 25 12 0 66 0.00 27.50 0 3 0 0 113-14 24 19 0 94 0.00 24.74 0 5 0 0 114-15 12 9 0 123 0.00 68.33 0 9 0 0 115-16 2 2 0 108 0.00 270.00 0 8 0 0 116-17 9 7 0 108 0.00 77.14 0 5 0 0 117-18 37 24 0 79 0.00 16.46 0 4 0 0 1Total 155 102 6 723 0.19 35.44 1 0 7

High Street Thurs 26/06/2008 1800-0000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

18-19 43 35 10 91 1.16 13.00 8 0 1 0 019-20 38 29 3 89 0.39 15.34 3 0 1 0 020-21 30 22 0 95 0.00 21.59 0 4 0 0 121-22 33 26 0 88 0.00 16.92 0 2 0 1 022-23 29 22 0 118 0.00 26.82 0 4 0 0 123-00 27 22 0 109 0.00 24.77 0 2 0 1 0Total 200 156 13 590 0.33 18.91 2 2 2

High Street Friday 20/06/2008 1800-0000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

18-19 54 40 7 148 0.65 18.50 4 0 1 0 019-20 56 30 0 180 0.00 30.00 0 6 0 0 120-21 35 25 0 178 0.00 35.60 0 11 0 0 121-22 49 31 0 175 0.00 28.23 0 10 0 0 122-23 29 24 0 152 0.00 31.67 0 6 0 0 123-00 47 32 0 117 0.00 18.28 0 5 0 0 1Total 270 182 7 950 0.13 26.10 1 0 5

High Street Saturday 31/05/2008 1800-0000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

18-19 35 28 0 157 0.00 28.04 0 4 0 0 119-20 36 20 0 156 0.00 39.00 0 4 0 0 120-21 48 27 0 163 0.00 30.19 0 8 0 0 121-22 29 21 0 160 0.00 38.10 0 8 0 0 122-23 32 21 0 154 0.00 36.67 0 10 0 0 123-00 75 49 10 80 0.67 8.16 10 0 1 0 0Total 255 166 10 870 0.20 26.20 1 0 5

High Street Saturday 24/05/2008 1000-1800


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

10-11 0 0 0 0 0.00 0.00 0 0 0 1 011-12 5 2 0 66 0.00 165.00 0 0 0 1 012-13 12 7 0 103 0.00 73.57 0 7 0 0 113-14 10 6 0 108 0.00 90.00 0 7 0 0 114-15 2 2 0 113 0.00 282.50 0 9 0 0 115-16 12 7 0 111 0.00 79.29 0 7 0 0 116-17 9 6 0 107 0.00 89.17 0 7 0 0 117-18 4 3 0 117 0.00 195.00 0 9 0 0 1Total 54 33 0 725 0.00 109.85 0 2 6


Market Conditions




Market Conditions



Market Conditions



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High Street Sunday 01/06/2008 1400-2000


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

14-15 25 13 0 62 0.00 23.85 0 2 0 1 015-16 7 7 0 89 0.00 63.57 0 4 0 0 116-17 23 11 0 100 0.00 45.45 0 2 0 1 017-18 36 20 0 119 0.00 29.75 0 1 0 1 0Total 91 51 0 370 0.00 36.27 0 3 1

Caer Street Thursday 22/05/2008 2000-0400


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

20-21 4 4 0 96 0.00 120.00 0 3 0 0 121-22 23 12 0 49 0.00 20.42 0 2 0 1 022-23 92 45 0 120 0.00 13.33 0 6 0 0 123-00 101 43 0 137 0.00 15.93 0 5 0 0 100-01 97 48 0 121 0.00 12.60 0 4 0 0 101-02 32 26 0 108 0.00 20.77 0 8 0 0 102-03 16 13 0 55 0.00 21.15 0 0 0 1 003-04 0 0 2 0 0.00 0.00 2 0 0 1 0Total 365 191 2 686 0.03 17.96 0 3 5

Caer Street Friday 30/05/2008 2000-0400


Queue Cab Queue

Average Passenger

DelayAverage

Cab Delay

Maximum Passenger

QueueMinimum


Excess Supply

20-21 46 29 0 82 0.00 14.14 0 5 0 0 121-22 88 47 0 72 0.00 7.66 0 5 0 0 122-23 238 113 0 78 0.00 3.45 0 4 0 0 123-00 322 169 4 80 0.06 2.37 4 6 1 0 100-01 301 192 71 50 1.18 1.30 29 0 1 0 001-02 294 176 318 0 5.41 0.00 34 0 1 0 002-03 256 156 160 11 3.13 0.35 38 0 1 0 003-04 177 97 183 4 5.17 0.21 32 4 1 0 0Total 1722 979 736 377 2.14 1.93 5 0 4

York Street Wednesday 11/06/2008 2300-0200


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 7 4 0 0 0.00 0.00 0 0 0 1 000-01 4 3 0 5 0.00 8.33 0 0 0 1 001-02 3 10 0 9 0.00 4.50 0 0 0 1 0Total 14 17 0 14 0.00 4.12 0 3 0

York Street Saturday 07/06/2008 2300-0400



Passenger Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue


Excess Supply

23-00 10 6 0 30 0.00 25.00 0 0 0 1 000-01 36 18 6 43 0.83 11.94 6 2 1 0 001-02 50 34 0 14 0.00 2.06 0 0 0 1 002-03 18 14 9 3 2.50 1.07 7 0 1 0 003-04 4 2 0 1 0.00 2.50 0 0 0 1 0Total 118 74 15 91 0.64 6.15 2 3 0

Newton Road, Mumbles Friday 13/06/2008 2300-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 0 0 0 0 0.00 0.00 0 0 0 1 000-01 1 1 0 7 0.00 35.00 0 0 0 1 001-02 7 5 0 43 0.00 43.00 0 0 0 1 002-03 3 2 0 22 0.00 55.00 0 0 0 1 003-04 0 0 0 0 0.00 0.00 0 0 0 1 0Total 11 8 0 72 0.00 0.00 0 5 0

Newton Road, Mumbles Wednesday 11/06/2008 2300-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


23-00 0 0 0 0 0.00 0.00 0 0 0 1 000-01 0 0 0 0 0.00 0.00 0 0 0 1 001-02 0 0 0 0 0.00 0.00 0 0 0 1 002-03 0 0 0 0 0.00 0.00 0 0 0 1 003-04 0 0 0 0 0.00 0.00 0 0 0 1 0Total 0 0 0 0 0.00 0.00 0 5 0

Castle Street Friday 13/06/2008 2000-0300


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 0 1 0 0 0.00 0.00 0 0 0 1 021-22 0 1 0 0 0.00 0.00 0 0 0 1 022-23 0 1 0 0 0.00 0.00 0 0 0 1 023-00 0 2 0 0 0.00 0.00 0 0 0 1 000-01 0 0 0 0 0.00 0.00 0 0 0 1 001-02 2 2 0 0 0.00 0.00 0 0 0 1 002-03 0 1 0 0 0.00 0.00 0 0 0 1 003-04 0 0 0 0 0.00 0.00 0 0 0 1 0Total 2 8 0 0 0.00 0.00 0 8 0


Market Conditions



Market Conditions



Market Conditions





Castle Street Tuesday 03/06/2008 2000-0200


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 0 0 0 0 0.00 0.00 0 0 0 1 021-22 0 0 0 0 0.00 0.00 0 0 0 1 022-23 0 0 0 0 0.00 0.00 0 0 0 1 023-00 0 1 0 1 0.00 5.00 0 0 0 1 000-01 0 0 0 0 0.00 0.00 0 0 0 1 001-02 0 0 0 0 0.00 0.00 0 0 0 1 0Total 0 1 0 1 0.00 5.00 0 6 0

Wind Street Friday 06/06/2008 2000-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 2 24 0 15 0.00 3.13 0 0 0 1 021-22 9 27 0 17 0.00 3.15 0 0 0 1 022-23 12 26 0 24 0.00 4.62 0 0 0 1 023-00 36 26 0 32 0.00 6.15 0 2 0 1 000-01 53 44 2 45 0.19 5.11 2 0 0 1 001-02 74 54 11 18 0.74 1.67 8 0 1 0 002-03 114 62 18 22 0.79 1.77 6 0 1 0 003-04 91 56 31 19 1.70 1.70 12 0 1 0 0Total 391 319 62 192 0.79 3.01 3 5 0

Wind Street Tuesday 03/06/2008 2000-0400


QueueCab Queue

Average Passenger

Delay

Average Cab Delay

Maximum Passenger

Queue

Minimum Cab Queue

Excess Demand


20-21 13 10 0 74 0.00 37.00 0 4 0 0 121-22 14 11 0 58 0.00 26.36 0 4 0 0 122-23 38 25 0 48 0.00 9.60 0 1 0 1 023-00 43 23 0 59 0.00 12.83 0 3 0 0 100-01 50 31 0 59 0.00 9.52 0 2 0 1 001-02 29 16 0 46 0.00 14.38 0 1 0 1 002-03 23 10 0 10 0.00 5.00 0 0 0 1 003-04 4 1 0 0 0.00 0.00 0 0 0 1 0Total 214 127 0 354 0.00 13.94 0 5 3

Market Conditions




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Halcrow Group Limited Arndale House Otley Road Headingley Leeds LS6 2UL Tel +44 (0)113 220 8220 Fax +44 (0)113 274 2924 www.halcrow.com

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Halcrow Group Limited Arndale House Otley Road Headingley Leeds LS6 2UL Tel +44 (0)113 220 8220 Fax +44 (0)113 274 2924 www.halcrow.com

Appendix 3

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Item No. 8 (E) (1)

Joint Report of Cabinet Member for Education and Community Leadership and Democracy


EMPLOYMENT OF CHILDREN BYELAWS

1. Introduction 1.1 The introduction of The Children (Protection at Work) Regulations

2000, has resulted in the request from the Welsh Assembly Government to replace the existing byelaws, so that they are in line with the legislative changes and advice from the Welsh Assembly Government.

1.2 There are currently existing byelaws dated October 1999. However,

they does not take into account the minimum age of employment rising to 13, the restrictions on street trading and the introduction of permits requiring a child identification photo-card.

1.3 The Welsh Assembly Government has issued model byelaws which

have been followed to incorporate the requirements set out in paragraph 1.2 above. The draft byelaws incorporating the model byelaws have been submitted to the Welsh Assembly Government and has been provisionally approved.

Purpose: This report outlines proposals for the adoption of a new byelaws to replace the existing byelaws in order to implement the changes to the employment of children brought about by The Children (Protection at Work) Regulations 2000 and advice from the Welsh Assembly Government

Policy Framework: None Reason for Decision: Notice has been received from the Welsh

Assembly Government that the existing byelaws need to be updated to implement the aforementioned changes.

Consultation: Education, Finance and the Welsh Assembly

Government. Recommendation: It is recommended that Council adopts the new

byelaws.

2. Proposal 2.1 It is proposed to adopt a new ‘Employment of Children Byelaws” which

are seen attached at Appendix 1. 3. Procedure 3.1 Provisional approval of the proposed new byelaws have been received

from the Welsh Assembly Government (as stated in paragraph 1.3 above).

3.2 Once Council approve the proposed byelaws, a notice must be placed

in one or more newspapers circulating in its area and the Council must place copies of the byelaws for public inspection in its offices. After a period of at least one month has expired, the Council must then resubmit the sealed and advertised byelaws for formal confirmation by the Authority of the Welsh Ministers. The Welsh Assembly Government aims to confirm within 15 working days or if necessary seek comments on any objections raised.

3.3 The Welsh Assembly Government may fix a date for the byelaws

coming into force, but if no date is affixed, the byelaws become law one month after the Council receive confirmation from the Welsh Assembly Government..

4. Financial Implication 4.1 There are no direct financial implications relating to this proposal. 5. Legal Implications 5.1 Adopting the new amended byelaws will ensure that the City & County

of Swansea byelaws are in line with the legislative changes introduced by The Children (Protection at Work) Regulations

5.2 Making, amending or adopting Byelaws is a function reserved to

Council only 6. Recommendation 6.1 It is recommended that Council adopts of the new Byelaws. 7. Background Papers Model Byelaw Contact Officer: John Austin – Education Welfare Service Tel: 01792 411400 Legal Officer: Janet Hooper Tel: 636148

BYELAWS

Made .................................

Coming into force ....................................

The City & County of Swansea, in exercise of the powers conferred on it by

sections 18(2) and 20(2) of the Children and Young Persons Act 1933, hereby

makes the following Byelaws:

Citation and commencement

1. These Byelaws may be cited as the City & County of Swansea Byelaws

on the Employment of Children 2008 and shall come into force on [

…….. ….200 ].

Interpretation and extent

2. In these Byelaws, unless the context otherwise requires:

"the authority" means the City and County of Swansea.Council;

"child" means a person who is not yet over compulsory school age

as defined in section 8 of the Education Act 1996;

"employment" includes assistance in any trade or occupation which

is carried on for profit, whether or not payment is received for that

assistance;

"light work" means work which, on account of the inherent nature of

the tasks which it involves and the particular conditions under which

they are performed -

a) is not likely to be harmful to the safety, health or development of

children: and

b) is not such as to be harmful to their attendance at school, their

participation in work experience in accordance with section 560 of

the Education Act 1996, or their capacity to benefit from the

instruction received or, as the case may be, the experience gained;

"parent" includes any person who has for the time being parental

responsibility for a child within the meaning of section 3 of the

Children Act 1989;

"public place" includes any public park, garden, sea beach or

railway station and any ground to which the public for the time being

have or are permitted to have access whether on payment or

otherwise;

"street" includes any highway and any public bridge, road, lane,

footway, square, court, alley or passage, whether a thoroughfare or

not;

"street trading" includes the hawking of newspapers, matches,

flowers and other articles, playing, singing or performing for profit,

shoe blacking and other like occupations carried on in any street or

public place;

"year", except in expressions of age, means a period of twelve

months beginning with 1st January.

Prohibited Employment

3. No child of any age may be employed -

(a) in a cinema, theatre, discotheque, dance hall or night club, except

in connection with a performance given entirely by children1;

(b) to sell or deliver alcohol, except in sealed containers;

(c) to deliver milk;

(d) to deliver fuel oils;

(e) in a commercial kitchen;

(f) to collect or sort refuse;

(g) in any work which is more than three metres above ground level or,

in the case of internal work, more than three metres above floor

level;

(h) in employment involving harmful exposure to physical, biological or

chemical agents;

(i) to collect money or to sell or canvass door to door, except under the

supervision of an adult;

1 This does not prevent children taking part in performances under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963, and the associated Regulations.

(j) in work involving exposure to adult material or in situations which

are for this reason otherwise unsuitable for children;

(k) in telephone sales;

(l) in any slaughterhouse or in that part of any butcher's shop or other

premises connected with the killing of livestock, butchery, or the

preparation of carcasses or meat for sale;

(m) as an attendant or assistant in a fairground or amusement arcade

or in any other premises used for the purpose of public amusement

by means of automatic machines, games of chance or skill or

similar devices;

(n) in the personal care of residents of any residential care home or

nursing home unless under the supervision of a responsible adult.

Permitted employment of children aged 14 and over

4. A child aged 14 or over may be employed only in light work.

Permitted employment of children aged 13

5. A child aged 13 may not be employed except in light work in one or more

of the following specified categories:

(a) agricultural or horticultural work;

(b) delivery of newspapers, journals and other printed material, and

collecting payment for same, subject to the provisions of byelaw

3(i);

(c) shop work, including shelf stacking;

(d) hairdressing salons;

(e) office work;

(f) car washing by hand in a private residential setting;

(g) in a cafe or restaurant;

(h) in riding stables; and

(i) domestic work in hotels and other establishments offering

accommodation.

Employment before school

6. Subject to the other provisions of these byelaws, children may be

employed for up to one hour before the commencement of school hours

on any day on which they are required to attend school.

Additional condition[s]

7. No child may be employed in any work out of doors unless wearing

suitable clothes and shoes.

Notification of Employment, employment permits and child identification photo card

8. Prior to employing a child, the employer must send to the authority

written notification stating:

(a) his/her own name and address;

(b) the name, address and date of birth of the child;

(c) the date on which the child’s employment commences, the hours

and days on which the child is to be employed, the occupation in

which the child is to be employed, details of the task involved and, if

different from (a) above, the place of employment;

(d) a statement of the child's fitness to work, and of approval for the

child to be employed, completed by the child's parent;

(e) details of the school at which the child is a registered pupil;

(f) a statement to the effect that an appropriate risk assessment has

been carried out by the employer: and

(g) two recent passport type photo of the child signed on the rear by

both the child and the employer.

9. Where, on receipt of a notification and the passport type photos

mentioned in 8 (g) above, the local authority is satisfied that:

(a) the proposed employment is lawful;

(b) the child's health, welfare or ability to take full advantage of his

education would not be jeopardised; and

(c) the child is fit to undertake the work for which he is to be employed,

It will issue the employer with an employment permit, which the employer

must keep securely at the place of employment and produce for

inspection when required to do so by an authorised officer of the

authority or a police officer, and it will issue to the child an identification

photo card which will contain the child’s name and photograph and date

of issue.

10. Before issuing an employment permit a local authority may require a

child to have a medical examination.

11. The employment permit will state:

(a) the name, address and date of birth of the child;

(b) the hours and days on which the child is to be employed, the

occupation in which the child is to be employed, details of the task

involved and the place of employment;

(c) that the child must not work for more than twelve hours in any week

in which he is required to attend school.

12. A child may be employed only in accordance with the details shown on

his employment permit.

13. A local authority may amend a child's employment permit from time to

time on the application of an employer.

14. The local authority may at any time revoke a child's employment permit if

it has reasonable grounds to believe

(a) that the child is being unlawfully employed, or

(b) that his health, welfare or ability to take advantage of his education

are suffering or likely to suffer as a result of the employment.

15. A child must produce his identification photo card for inspection when

required to do so by an authorised officer of the authority or a police

officer.

Street Trading

16. No child under the age of 14 may engage in street trading and a child

aged 14 or over may not engage in street trading unless:

(a) he/she is employed to do so by his parent, in connection with the

parent’s retail business and under the parent’s direct supervision;

and

b) he/she has been granted a licence to do so ("a street trader's

licence") by the authority and is acting in compliance with the terms

of that licence.

17. The authority shall not grant a street trader's licence to any child if it has

reason to believe that the employment of the child in street trading would

be prejudicial to his health, welfare or ability to take full advantage of his

education or the child's street trader's licence has previously been

revoked.

18. Such persons may engage or be employed in street trading on weekdays

and weekends between the hours of 9am and 5pm.

19. A street trader's licence shall prohibit the holder from engaging in street

trading more than 2 hours on a Sunday and shall:

(a) be valid for not more than 12 months and shall expire on 31

December;

(b) prohibit the holder from touting or importuning to the annoyance or

obstruction of any member of the public in any street or public

place; and

(c) require that the child notify the authority within one week of any

change of address.

20. The authority may suspend or revoke a street trader's licence if it has

reason to believe that the holder's continued employment in street

trading would be prejudicial to his health, welfare, or ability to take full

advantage of his education, or if the holder:

(a) is found guilty of any offence connected with the street trading;

(b) commits any breach of these Byelaws or the terms of his street

trader's licence;

(c) uses the licence as a means for begging, immorality or any other

improper purpose; or

(d) fails to notify the authority within one week of any change of

address.

Revocation

21. The Byelaws with respect to the employment of children and street

trading made by the City & County of Swansea Council on the 16th day

of December 1998 and confirmed by the First Secretary of the National

Assembly for Wales on the 6th day of October 1999 are hereby revoked.

THE COMMON SEAL of the City and

County of Swansea Council

was affixed to these Byelaws on

..........200 ..in the presence of:

Signed

These Byelaws are hereby confirmed by

the Authority of the Welsh Ministers

on ...........................200 and

shall come into operation on 200

Signed

EXPLANATORY NOTE

(This note is not part of the Byelaws)

These Byelaws regulate the types of occupation in which children under

school leaving age may be employed (Byelaws 3-5), and other conditions of

their employment. By virtue of The Children (Protection at Work) (No. 2)

Regulations 2000, the employment permit shall stipulate that a child must not

work for more than twelve hours in any week in which he is required to attend

school (Byelaws 9- 16 ).Employers are obliged to notify local authorities of

their child employees (Byelaw 8 & 9). They provide for checks on a child's

fitness for employment (Byelaw10) and for the issue of employment

permits(Byelaw 11), setting out the occupation in which a child may be

employed and his hours of work. Additional requirements are imposed on the

employment of children in street trading, for which a local authority licence is

required (Byelaws 16-20).

These Byelaws are not a comprehensive statement of the law relating to the

employment of children and should be read in conjunction with other

legislation relating to prohibited occupations, hours of work and street trading

in particular.

By virtue of section 560 of the Education Act 1996, enactments relating to the

prohibition or regulation of the employment of children do not apply to children

undertaking work experience within the meaning of the Act. "Enactment" for

this purpose includes byelaws having effect under an enactment, so nothing

in these Byelaws applies to a child's work experience.

Prohibited and permitted employment

Children aged 13 are limited to employment in the occupations listed at

byelaw 5. Children aged 14 or over are not limited in this way, but may only

undertake light work (byelaw 4). Byelaw 3 lists various occupations which are

prohibited for children, even if they would constitute light work. Many more

occupations or specific tasks are prohibited by other legislation, including:

the Employment of Women, Children and Young Persons Act 1920,

which prohibits the employment of children in any "industrial

undertaking", including mines and quarries, manufacturing industry,

construction and the transport of passengers or goods by road, rail or

inland waterway (section 1(1));

the Agriculture (Safety, Health and Welfare Provisions) Act 1956, under

which it is an offence to cause or permit a child to ride on or drive a

vehicle, machine or agricultural implement (section 7);

the Offices Shops and Railway Premises Act 1963, which provides that

no young person may clean machinery if to do so would expose him to

risk of injury (section 18);

the Betting Gaming and Lotteries Act 1963, which prohibits the

employment of persons under 18 in effecting any betting transaction or

in a licensed betting office (section 21);

the Licensing Act 1964, which prohibits the employment of children in

the bar of licensed premises (section 170) and the Licensing

(Occasional Permissions) Act 1983, which prohibits any person under

18 from selling or serving alcohol in premises authorised under the Act

(paragraph 5(1) of the Schedule);

the Merchant Shipping Act 1970, by virtue of which no person under

minimum school leaving age may be employed on a ship registered in

the UK, except as permitted by Regulations made under the Act

(section 51); and

the Manual Handling Operations Regulations 1992, which prohibit

children from handling any load which is likely to cause injury to them.

It should be noted that this is not an exhaustive list.

The Children (Performances) Regulations 1968 provide that no child taking

part in a performance for which a licence is required by section 37 of the

Children and Young Persons Act 1963 may be employed in any other

occupation on the day or days of that performance or the following day.

Street Trading

Byelaws 16-20 permit the employment of children by their parents in street

trading, provided that they have been issued with a licence by the local

authority. Children who are licensed for street trading will be subject to the

Byelaws limiting their hours and other conditions of employment by virtue of

being employed.

Street trading is also regulated under section 20 of the Children and Young

Persons Act 1933, which provides that no child may engage in street trading

unless authorised to do so by local authority Byelaws. Such authorisation may

only be given for children aged 14 or over who are employed by their parents.

Section 20 also provides that Byelaws shall specify the days and hours during

which and the places at which children may engage or be employed in street

trading.

Penalties

Section 21 of the Children and Young Persons Act 1933, as amended

provides, inter alia, that:

If a person is employed in contravention of Section 18 of the Act, or of the

provisions of any Byelaws made thereunder, the employer and any other

person (other than the person employed) to whose act or default the

contravention is attributable shall be liable on summary conviction to a fine not

exceeding level 3 on the Standard Scale (£1,000).

If a person is employed in contravention of section 20 of the Act, the employer

and any person (other than the person employed) to whose act or default the

contravention is attributable shall be liable on summary conviction to a fine not

exceeding level 3 on the Standard Scale (£1,000); a person under compulsory

school age who engages in street trading in contravention of the provisions of

section 20, or of any Byelaw made thereunder, shall be liable on summary

conviction to a fine not exceeding level 1 on the Standard Scale (£200).

Item No. 8 (F) (1)

Report of the Cabinet Member for the Environment


CLEAN NEIGHBOURHOODS AND ENVIRONMENT ACT 2005

Summary

Purpose:

To consider the introduction of fixed penalty notices, their levels and associated provisions.

Policy Framework:

Clean Neighbourhoods and Environment Act 2005.


To adopt, where necessary, the levels of fixed penalty notices and associated provisions for early payment.

Consultation:

Legal and Democratic Services, Finance.

Recommendation(s):

It is recommended that for the offences listed in column 1 to the table in paragraph 3.2, the amounts of the Fixed Penalty Notices are set at the levels in column 2 and that the amounts in column 3 are set as the levels for early payment of the penalty within seven days.

1. Introduction 1.1 The Clean Neighbourhoods and Environment Act 2005 is a wide

ranging Act in ten parts aimed at tackling environmental crimes and anti-social behaviour. It amends and improves previous legislation available to Local Authorities.

1.2 The Act amends legislation to relate to abandoned cars, nuisance

parking, littering, graffiti, fly posting, waste carriers and fly tipping amongst other issues.

2. Fixed Penalty Notice Procedures 2.1 The Act increases the number of offences that can be dealt with

by the issue of fixed penalty notices (FPNs). For some of these the Council has discretion to set its own level of fines within a prescribed range. Where no such decision is made the Government has set default levels. The remaining fixed penalty notices have been fixed at prescribed levels and no variation is allowed. In addition, with most FPNs, there is a power to set a lower level if it is paid early. The Council has already adopted £75 penalties for littering with a £50 early payment level.

2.2 Generally speaking the procedure of FPNs is an optional course for Councils to punish those who admit the offence and free up

court and council time. Failure to pay the penalty will result in prosecutions for that failure to pay.

2.3 The table below outlines the offence, the fixed or default level of

fine, the discretionary range and the minimum amount for early payment of those FPNs which can be applied.

Sections and Legislation

Offence Amount Discretionary Range

Suggested Amount for Early Payment

Section 6 (1) Clean Neighbourhoods and Environment Act.

Nuisance parking in relation to sale or repair of cars on a road.

£100 Fixed

NIL £60

Section 2A (1) Refuse Disposal (Amenity) Act 1878.

Abandoning a vehicle.

£200 Fixed

NIL £120

Section 94A(2) of Environmental Protection Act 1990.

Breach of street litter control notice or litter clearing notice.

£100 Default

£100 - £150

£60

Section 43 Anti - Social Behaviour Act 2003.

Graffiti and fly posting

£75 Default

£75 - £150

£50

Section 5B (2) Control of Pollution (Amendment) Act 1989.

Failure to produce waste carrier’s licence.

£300 Fixed

NIL £180

Section 34A (2) Environmental Protection Act 1990.

Failure to furnish waste transfer documents.

£300 Fixed

NIL £180

Section 47ZA and 47ZB Environmental Protection Act 1990.

Offences in relation to waste receptacle.

£100 £100 - £150

£60

2.4 The Act also generally requires the use of fixed penalties to be used only for specific purposes as the Council is able to retain the amounts paid to it. Those purposes are laid down specifically but, in the main, require reinvestment of the FPNs back into that area of the service that generated the FPN.

2.5 It must be emphasised that this is not an income generating exercise. These procedures give the Council further regulatory

options to prosecution and it is expected that income from all FPNs will still remain relatively low.

3. Legal Implications 3.1 The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008 prescribe the ranges within which the amounts

of certain fixed penalties that are capable of being specified by a local authority are required to fall. The amounts proposed in the report for the level of fines, together with the lesser amounts for early payment, fall within the ranges specified in the Regulations.

4. Financial Implications 4.1 The income generated will be additional to existing budgets and there will be no additional costs. However, that extra income is expected to be minimal. 5. Levels of Fixed Penalty Notices 5.1 There are a variety of options available in respect of the level of

such penalties. a. Set at the default level; this means no discount for early

payment and may lead to higher levels of non-payment. b. Set a low level of fine with no early payment discount;

this prevents a lesser deterrent and could result in high levels of non-payment.

c. Set high levels of fines with maximum discount; this maintains a high deterrent value with maximum incentive to pay early with less administrative work subsequently in prosecution for the offence on for non-payment.

d. Set medium levels of fines with medium discount; this maintains a good deterrent value with incentive to pay early with the same advantages as above

5.2 It is recommended that option d is adopted as a principle and

that the period for early payment is seven days. However, it is also proposed to review the operation after a year. This will include level of fines and payment of fines and further action needed to recover outstanding payments.

6. Recommendation It is, therefore, recommended that for the offences listed in

column 1 to the table in paragraph 3.2, the amounts of the Fixed Penalty Notices are set at the levels in column 2 and that the amounts in column 3 are set as the levels for early payment of the penalty within seven days.

Offence Proposed Amount of

Fine Recommended Amount for Early Payment

Section 6 (1) Clean Neighbourhoods and Environment Act 2005 - Nuisance parking in relation to sale or repair of cars on a road.

£100 fixed £60

Section 2A (1) Refuse Disposal (Amenity) Act 1978 - Abandoning a vehicle.

£200 fixed

£120

Section 94A (2) of Environmental Protection Act 1990 - Breach of street litter control notice or litter clearing notice.

£100 £75

Section 43 Anti - Social Behaviour Act 2003 - Graffiti and fly posting

£75 £50

Section 5B (2) Control of Pollution (Amendment) Act 1989 - Failure to produce waste carrier’s licence.

£300 fixed £180

Section 34A (2) Environmental Protection Act 1990. Failure to furnish waste transfer documents.

£300 fixed £180

Section 47ZA and 47ZB Environmental Protection Act 1990 - Offences in relation to waste receptacle.

£100 for residential properties and £150 for commercial premises

£60 for residential properties and £90 for commercial premises

Background Papers – None that require disclosure Contact Officer: Tony Glacken, Head of Environmental, Management and Protection

01792 635603 Legal Officer: Chris James File Reference: X: AEG/ELH2308

Item No. 8 (F) (2)

Report of the Cabinet Member for Environment


HOUSES IN MULTIPLE-OCCUPATION (HMO) MANDATORY AND ADDITIONAL LICENSING POLICY

Summary

Purpose:

To review the proposed new HMO Licensing Policy and Additional HMO Licensing Scheme for Castle and Uplands in the light of public consultation.

Policy Framework:

HMO Licensing Policy 2006 Local Housing Strategy 2008


Authority to proceed with proposals for an Additional HMO Licensing Scheme for Castle and Uplands wards.

Consultation:

Legal Services and Finance

Recommendations: It is recommended that:- (a) The HMO Licensing Policy is adopted; (b) The Policy is subject to periodic review.

1. Introduction 1.1 In June 2008, Council approved a new HMO Licensing Policy for the

purposes of consultation with a view to future adoption. 1.2 Key changes to the original Policy of 2006 included:-

(a) Adoption of an Additional HMO Licensing Scheme for Castle and Uplands wards;

(b) An increase in the licensing fee to £550 per application, with a discounted fee of £500 per application for Accredited landlords, for all HMOs;

(c) Subject to Council adopting the new Policy, the Director of Environment

proceeds to recruit three additional enforcement officers.

1.3 Public consultation on the proposals has now been carried out and this report includes feedback, details of changes made to the Policy as a result and options for Council’s further consideration

2. Consultation 2.1 The HMO Licensing Policy was put out for public consultation in July 2008

with some particular interested parties, including Swansea Landlords’ Forum, Swansea University, Swansea Metropolitan University and Swansea Sustainable Community Initiative, being specifically asked for their comments.

2.2 Six responses were received. Meetings have been held with respondents to

clarify issues and discuss their concerns. The main points and areas of concern, along with officers’ comments, are included in Appendix A.

2.3 As a result of the consultation the following amendments have already been

carried out:

(a) The HMO Licensing Policy now includes an executive summary;

(b) A clearer description of which HMOs will come within the Additional Licensing Scheme has been included;

(c) The Licence Conditions, Declaration of Understanding and Tenants’

Charter have been amended to include clearer details on tenancy agreements, anti-social behaviour and responsibilities for waste management;

(d) The Licence Conditions have been amended to remove the requirement

for an HMO licence applicant to have gained Planning consent for the particular manner of occupation following UK wide legal advice. We will continue to liaise with the Head of Planning Services regarding specific properties for further enforcement where appropriate.

2.4 The HMO Licensing Policy is included as Appendix B. 3. Licence Fee Structure 3.1 The most significant issue arising from the consultation was concern from

landlords over the proposed increase in licence fee structure. Each licence lasts for five years and the fee is paid once when the application is made.

3.2 Some facts and assumptions to be taken into account are: (a) The estimated number of HMOs in the city is 1,700 – 2,000; (b) Estimated number of HMOs in Uplands and Castle is 1,450; (c) 50% of applications are from Accredited Landlords. 3.3 There are three options for licence fees, which are outlined below with further

detail included in Appendix C:

a) Option A – Retain a flat rate fee for all HMOs of £550, with a discounted rate of £500 for Accredited landlords;

b) Option B – Introduce an incremental fee structure based on the number of

bedrooms with a fee of £300 for three bedrooms, £400 for four bedrooms and £550 for five bedrooms and above;

c) Options C – Introduce an incremental fee structure based on the number

of bedrooms with a fee of £400 for three bedrooms, £500 for four bedrooms and £650 for five bedrooms and above.

3.4 The implications for each of these options are:

a) Option A – This is the proposal which was accepted by Council on 19th June 2008 and the income allows for the recruitment of thee additional enforcement officers in order to eliminate poor property and management standards. A flat rate fee is easy to administer, simple to understand and variations to licences are easily dealt with without additional charges.

b) Option B – This option meets the aspirations of the landlords who

responded to the consultation in that it includes an incremental fee structure based on size of property, but fails to meet income targets and will only be sufficient to recruit two additional enforcement officers to deal with poor conditions and management. It adds a level of complication to the licence administration system as additional fees would have to be made for variations to licences.

c) Option C – This option would meet the aspirations of landlords to have an

incremental fee structure, but not in the actual level of fees. It would provide sufficient income to recruit three additional enforcement officers, but would add a level of complication to the licence administration system as additional fees would have to be made for variations to licences. The higher fees would be more open to challenge.

4. Legal Implications 4.1 The proposal meets the NAW guidance on Introducing Additional Licensing

Schemes. It allows the Council to meet its statutory duty in respect of the Health and Safety Rating System. The fees in Options A and B are consistent with other local authorities in England and are capable of resisting challenge.

4.2 The legal framework is set out in Part 2 of the Policy document. 5. Financial Implications 5.1 There are three options for licence fees:

Option A – Retain a flat rate fee for all HMOs of £550, with a discounted rate of £500 for Accredited landlords. Based on the expected volume of licences,

it is estimated that the additional fee income generated would be an average of £93,000 per annum. Option B – Introduce an incremental fee structure based on the number of bedrooms with a fee of £300 for three bedrooms, £400 for four bedrooms and £550 for five bedrooms and above. Based on the expected volume of licences, it is estimated that the additional fee income generated would be an average of £64,000 per annum. Options C – Introduce an incremental fee structure based on the number of bedrooms with a fee of £400 for three bedrooms, £500 for four bedrooms and £650 for five bedrooms and above. As with option A, it is estimated that the additional fee income generated would be an average of £93,000 per annum.

5.2 It is anticipated that the income generated under Options A and C would fund

the recruitment of 3 additional staff, but Option B would only fund the recruitment of 2 additional staff. Given the uncertainty over the level of income, only one appointment will be made on a permanent long term basis. If Option B is approved, only two staff will be recruited.

6. Conclusion 6.1 This is a demanding area of work which if not effectively controlled can give

rise to health and safety risks to tenants and have significant environmental impact on the amenity of an area. The Council is keen to promote high standards in terms of stock condition and management.

6.2 Even if the Council does not adopt an Additional Scheme for the relevant

properties, the reactive work demand will remain for those properties, but it will not be supported by income to allow proper staff resourcing.

6.3 Adopting the Additional Scheme in Castle and Uplands means that

Swansea’s most HMO-intensive area would have a consistent, fair and thorough approach applied to all of its multi-occupied properties. The more rigorous conditions which are applied to HMO licence holders, along with additional resources will allow a greater focus of enforcement on those more unscrupulous landlords whilst providing support to the many good landlords who demonstrate high property management standards.

6.4 In consideration of the consultation responses and financial implications set

out in the options for fees, the preferred option is a flat rate fee of £550 in line with Option A.

6.5 Copies of the entire policy including the technical specification for amenities

and means of escape in case of fire are available in the Members’ lounge.

7. Recommendations It is recommended that:- (a) The HMO Licensing Policy is adopted; (b) The Policy is subject to periodic review. Contact Officer: Steve Hancock, Housing & Public Health Divisional Officer Contact No: 5621 Background Papers: - HMO Licensing Policy 2006 - Local Housing Strategy 2008 - National Assembly Guidance 2007

Legal Officer: Rod Jones

APPENDIX A

COMMENTS FROM CONSULTATION RESPONDENTS

RESPONDENTS’ COMMENTS OFFICERS’ COMMENTS Welcomed and supported – will improve both management and property standards

Noted

Concerns over resources available to implement policy Subject to fee structure and option approved by Council Details of landlords failing to meet Fit and Proper Person criteria should be publicly available

Agreed – legal advice being sought

Licence conditions should not include reference to written tenancy agreement as agreements can be verbal

Agreed and licence conditions amended

Tenancy agreements are private and should not be kept in property logbook

Agreed and licence conditions amended

Licence condition linked to Planning permission is not legal Agreed and further information included at paragraph 2.3 (d) in report

Query over powers of entry and prior notification to landlord Clarified that notice of entry is not required when investigating licence conditions

Will encourage good landlords and resources need to be used to deal with bad landlords

Noted

Sensible and forward thinking Noted Swansea HMOs are highly regulated and this is additional burden which may force investors out of market or make them leave properties vacant or try to evade compliance

Swansea has been proactive in the rigorous enforcement of standards. Expanding the licensing scheme does bring more regulation, but is necessary to improve standards and promote a more professional approach to private renting. It is not possible to predict what effect licensing will have on the local housing market

Objection to introduction of HMO Licensing for properties with less than five bedrooms

Noted

There should be incremental introduction of Additional Licensing for different sizes of HMOs

Complex and difficult to ensure understanding of the scheme

Objection to flat-rate fee for all HMOs and request for sliding scale of fees based on number of bedrooms

Options included in section 3 of report: Licence Fee Structure

Why is Additional Licensing being restricted to Uplands and Castle

Linked to former Registration Scheme. These wards have greatest concentration of stock. Policy will be reviewed in due course and other factors taken into account at that time

Concerned over removal of Tenancy Relations Officer post and lack of support from Council for landlords

Council is committed to support landlords through the Landlords’ Forum and Landlords’ Fayre. The discretionary Tenancy Relations Officer post has been replaced with an Enforcement Officer to help regulate poorer properties and less well-intentioned landlords

Proposals are not clear – request summary Summary included with policy and also on Council’s website Could HMOs be dealt with differently depending on whether theyare occupied by students or professional people

The legislation does not allow for discrimination on nature of occupancy

Need clearer information for tenants on what they can expect from their landlords with regards to waste collection

Licence conditions and Declaration of Understanding amended

Could there be more information on what is meant by anti-social behaviour

Licence conditions, Declaration of Understanding and Tenants’ Charter have been amended to reflect relevant legislation

APPENDIX B

CITY AND COUNTY OF SWANSEA

HOUSES IN MULTIPLE OCCUPATION (HMO)

MANDATORY AND ADDITIONAL LICENSING POLICY

1st January 2009

Contents Executive Summary 1. Introduction Part I 2. Aims & Objectives 3. The Present Position Part 2 4. Legislative Framework Part 3 5. Licensing Policies Appendices (a) Passported Licence Conditions (b) Amenity Standards (c) Means of Escape – Fire Precaution Standards (d) Criteria for Fit and Proper Person (e) New Licence Conditions

(f) Map of Castle and Uplands Electoral Division

Executive Summary The Housing Act 2004 (the Act) radically overhauled the way local authorities regulate standards in private rented housing. From 30 June 2006, the Act introduced the Housing Health and Safety Rating System as a new way of assessing the hazards affecting occupiers. It also introduced licensing of certain houses in multiple occupation (HMOs). There is a new definition of a house in mutiple occupation where three or more unrelated people share amenities such as a kitchen or bathroom. Mandatory Licensing applies to HMOs with five (or more) people in properties with three (or more) storeys. Mandatory licensing applies across the whole of the Council’s area. Swansea’s former Registration Scheme with Control Provisions was converted to an area of Additional Licensing. This allowed all registered HMOs to be automatically given an HMO licence on the same conditions as the previous registration. These ‘passporting’ arrangements last for three years until 30 June 2009. The Council will adopt the Swansea Additional Licensing Scheme in Castle and Uplands wards from 1 January 2009. This means that all HMOs in the two electoral divisions must be licensed. Applications for licenses must be submitted before 1st July 2009. After this date, the Council will seek to prosecute those landlords operating without a proper licence. Licences will be granted when the Council is satisfied that:

• the property is suitable (or can be made suitable) for the maximum number of occupants;

• the licence holder is a fit and proper person • and there are suitable management arrangements in place.

A licence will cost £550 and will last for a maximum of five years and have a wide-ranging set of conditions attached. Penalties exist for breach of licence conditions and a landlord operating an unlicensed HMO or letting to more persons than the licence allows may be fined up to £20,000. Rent Repayment Orders and Management Orders have been introduced and there are also changes to Management Regulations. The Residential Property Tribunal now has a major role in private sector housing enforcement. This Policy updates the former HMO Licensing Policy, particularly in light of the introduction of the new Swansea Additional Licensing Policy in Castle and Uplands. The Policy sets out further details and includes appendices on conditions and standards.

Houses in Multiple Occupation Licensing Policy 1. Introduction 1.1 The Housing Act 2004 (‘the Act’) radically overhauled the way the council regulates

standards in private rented housing. The Act replaces the former fitness standard with a new system of assessing the hazards affecting occupiers - the Housing Health and Safety Rating System (HHSRS). It also introduces licensing of certain houses in multiple occupation (HMOs). In Wales these changes came into effect on 30 June 2006.

1.2 In November 2006 the Council approved its HMO Licensing Policy. On the 13

March 2008 Cabinet recommended that a revised HMO Licensing Policy be presented to Council which includes an Additional Licensing Scheme for Castle and

Uplands Wards and a revised fee structure. 1.3 In June 2008 the Council approved the HMO Licensing Policy subject to

consultation. The consultation concluded in September 2008. This policy is now in its present form having considered the responses of the consultees.

1.3 This policy includes some changes to the 2006 document and specifically sets out

the Additional HMO Licensing Scheme. 1.4 This policy sets out the way Swansea will implement the requirements of the

Housing Act 2004 in relation to HMO licensing and health and safety hazards. It also outlines how the council intends to use the discretionary powers in the new Act to ensure fair and equitable enforcement.

1.5 The document is in 3 parts:

• Part 1. Aims, objectives and present position.

• Part 2. Legal framework

• Part 3. Licensing Policies Part 1 2. Aims and Objectives 2.1 The aim of the policy is to:

Improve housing and management standards in the privately rented sector including Houses in Multiple Occupation.

2.2 The objectives of the policy are to:

(a) Meet the statutory obligations of the Housing Act 2004 and regulations made pursuant to it.

(b) Eliminate poor property and management standards through regulation

and enforcement.

(c) Promote high standards by supporting the good and well intentioned landlords.

3. Present Position (October 2008) 3.1 The Council has a Mandatory Scheme for larger HMOs that are three storeys with

five or more occupants. This scheme applies to all HMOs in the city. 3.2 Because the Council had a former Registration Scheme in Castle and Uplands,

those HMOs that were registered were passported to licensing. These included those HMOs that were below the threshold for Mandatory Licensing. They included small two storey HMOs with five or more occupants. The effect of these transitional arrangements meant that the Council adopted an Additional Scheme by default for a period of three years from July 2006.

3.3 This means that if the Council does not adopt a formal Additional Scheme the

present arrangements end in July 2009. The consequences will be that approximately 50% of those HMOs already licensed will fall outside the remaining Mandatory Scheme and not be subject to any licensing control.

3.4 Facts

(a) The estimated number of HMOs in the city is between 1,700 – 2,000. (b) Estimated number of HMOs in Uplands and Castle is 1,450. (c) Number of HMOs licensed to date 780.

3.5 The enforcement team in place to service this function is made up of five officers. The work demand includes: inspecting and processing new applications, progress and management visits, reactive service requests and enforcement including prosecutions.

Part 2 4. The Legal Framework 4.1 Housing Health & Safety Rating System

The Housing Fitness Standard is replaced by a Housing Health and Safety Rating System (HHSRS). This involves a risk assessment of the effect of housing conditions on the health of occupiers. It involves the assessment of 29 potential hazards and scoring their severity to decide if improvements are needed. If more serious “Category 1” hazards are found the Council has a duty to require the owner to take appropriate action. If less serious “Category 2” hazards are found the Council may take appropriate action as provided for within its enforcement policies. Councils are required to assess licensable HMOs to ensure that there are no functions under Part 1 of the Act (HHSRS) that ought to be exercised by them. This has to be done within five years of a licence being issued.

The HHSRS applies to all housing regardless of type or tenure.

The Act also replaces former enforcement notices with new provisions derived from Health and Safety legislation. The council will now serve a variety of notices including: Improvement, Emergency Remedial, Prohibition and Hazard Awareness, all of which may be suspended or varied. These are in addition to the retained provisions for Demolition and Clearance Areas.

4.2 HMO Definition A house is in multiple occupation where 3 or more unrelated people share amenities, such as a kitchen or bathroom. Under the Act a building is an HMO if it meets one to the following tests:

• the Standard Test – any building in which 3 or more unrelated people share basic amenities;

• the Self-contained Flat Test – any flat in which 3 or more unrelated people share basic amenities;

• the Converted Building Test – any converted building with one or more units that are not self-contained;

• certain Converted Blocks of Flats – any converted building comprising self contained flats that do not meet the 1991 Building Regulations Standards and more than one third of the flats are occupied on short tenancies.

4.3 Mandatory HMO Licensing

(a) Mandatory licensing will apply to HMOs where there is an occupation of 5 (or more) persons in properties of 3 (or more) storeys. HMOs consisting entirely

of fully self-contained flats, which are not occupied as flats in multiple occupation, are exempt. When assessing the number of storeys account will be taken of:

• all storeys of residential accommodation, whether above or below

adjoining ground level, including attics;

• any commercial storey at or above adjoining ground level.

(b) Mandatory licensing excludes most self-contained flats from its scope. The exceptions to this will be where (a) it is a single flat above commercial premises or (b) where the flat itself is arranged on 3 storeys. In both cases it would have to be occupied by 5 persons or more living as more

than one household.

(c) All residential parts of the building will be subject to these provisions where the property as a whole is eligible for licensing.

4.4 Additional HMO Licensing

The Council may adopt an Additional HMO Licensing Scheme which may include the smaller, lower risk HMOs that fall outside the Mandatory Scheme. The scheme may be based on an area (or areas) or may apply to the entire Council area. The

scheme will need to meet other criteria set down by the National Assembly for Wales.

4.5 Transitional Arrangements and Passporting

Councils that had existing Registration Schemes with Control Provisions were able to take advantage of transitional arrangements. This meant that Registration Area was deemed to be an area of Additional Licensing allowing all registered HMOs to be automatically given an HMO licence on the same conditions as the previous registration. These passporting arrangements last for 3 years after which the Council may apply for an Additional Scheme.

4.6 Licensing Process A licence will be granted where:

• The house is reasonably suitable (or is capable of being made reasonably

suitable) for occupation for a maximum number of persons having regard to prescribed and adopted amenity and fire precaution standards.

• Management arrangements are satisfactory. These include arrangements for

monitoring and maintaining the property, ordering works, finance and general manager competence.

• The licensee, manager and others involved in the running of the property are fit

and proper persons. 4.7 Licence Conditions

The Housing Act lays down mandatory licence conditions relating to:

• provision of annual gas safety certificates

• safety of electrical appliances and furniture

• provision and maintenance of smoke alarms

• provision of written statement of terms for tenants.

In addition the Council can impose its own discretionary conditions. By imposing more demanding conditions the Council is able to have more effective regulatory control over both the physical standards of HMOs and their standard of management. It should be recognised that the conditions for passported Additional HMO Licences are less onerous than conditions for new licences.

4.8 Fees The Council may charge for the costs incurred in carrying out its Licensing functions. Any charge must reflect the true costs in operating the system. The fees are discretionary.

4.9 Management Orders The Act gives Councils powers to serve notices and take action where there is no prospect of an HMO being licensed. In some circumstances Councils are under a duty to act. Where circumstances require it Councils must take over the management of an HMO, becoming responsible for running it, making necessary improvements and collecting rents. In extreme cases the action can be extended to five years with the Council also having the power to grant tenancies.

4.10 Penalties

The Act lays down a number of licensing-related offences and corresponding penalties, including:

• Operating an unlicensed HMO or allowing an HMO to be occupied by more

persons than a licence allows: fine of up to £20,000.

• Breach of a licence condition: fine not exceeding Level 5 on the standard scale (currently £5,000).

• Supplying incorrect information in a licence application: fine not exceeding Level 5 on the standard scale (currently £5,000).

It is a defence to any of the above if the accused person can demonstrate that they have reasonable excuse.

4.11 Rent Repayment Order

A landlord who operates an unlicensed HMO can be made the subject of a Rent Repayment Order (RRO) by a Residential Property Tribunal. An RRO requires the repayment of rent, received by the landlord over a period of up to 12 months, to a tenant or to the Council if paid as Housing Benefit.

4.12 Temporary Exemption Notices (TEN)

These are used when a landlord of an HMO, which should be licensed, notifies the Council of his intention to take steps to ensure that the HMO is no longer required to be licensed. The Council may grant a TEN where:

(b) the owner of a licensable HMO states in writing that he/she is asking to

make it non licensable and, (c) the Council is satisfied that it will be non licensable within 3 months of

the date of receiving the notice. 4.12 Management Regulations

The Management of Houses in Multiple Occupation (Wales) Regulations 2006 apply to all HMOs with the exception of some converted blocks of flats. The regulations impose certain duties on managers including the maintenance of fixtures and fittings, fire safety measures, gas and electricity supplies and waste disposal arrangements. The regulations also impose duties on occupiers. A person

who fails to comply with these Regulations commits an offence which carries a fine not exceeding Level 5 on the standard scale (currently £5,000).

4.14 Public Register It is a requirement for the Council to make a public register available which includes

prescribed information. This will include, amongst other things: property details, name and address of the licence holder and the duration and start of the licence term.

Part 3 5. HMO Licensing Policy 5.1 The City and County of Swansea Houses in Multiple Occupation (HMO) Licensing Policy will take effect from 1st January 2009. 5.2 The HMO Licensing Policy includes:

• A Mandatory Scheme for higher risk HMOs which are occupied by 5 (or more)

person and are 3 storeys (or more) high;

• The Mandatory Scheme applies to higher risk HMOs located anywhere within the Council’s area;

• An Additional Licensing Scheme for HMOs which do not fall within the Mandatory Scheme;

• The Additional HMO Licensing Scheme is confined to the Electoral Divisions of Castle and Uplands.

5.3 Passporting 5.3.1 The Council has taken advantage of the transitional arrangements for the existing Registration Scheme for Castle & Uplands wards. From the 30 June 2006 the Registration Area was deemed to be an Additional HMO Licensing Area.

5.1.2 All 3 storey HMOs with 5 or more occupants have been passported to a Mandatory Licence on the same conditions as Registration. 5.1.3 The Transitional Additional Licensing Scheme ends on 30 June 2009. 5.1.4 All HMOs that were previously registered but were exempt Mandatory Licensing and have more than 4 occupants have been passported to Additional Licensing on the same conditions as Registration. 5.1.5 The conditions for Passported Licences will only apply until the expiry of the current licence after which time they will need to be licensed under either the Mandatory or Additional Licensing Scheme. 5.1.6 The conditions for Passported Licences are contained in Appendix A.

5.2 New Applications 5.2.1 The Council will encourage Landlords to apply for Mandatory and Additional HMO Licences using a variety of methods including media publicity, correspondence, paper and, in time, electronic application forms. 5.2.2 For the Additional Licensing Scheme the Council will not generally take any

enforcement action against a landlord who operates an HMO without a licence until after 1 July 2009 unless there are exceptional circumstances. Thereafter the Council will take into account wilful non compliance and avoidance and those circumstances where occupants are put at unnecessary risk.

5.2.3 For those HMOs that fall within the Mandatory HMO Licensing Scheme the Council

will take enforcement action and prosecute those landlords who operate an HMO without a licence.

5.3 HMO Property Standards 5.3.1 The Council will licence an HMO provided it is (or can be made) reasonably suitable

for occupation for the maximum number of occupants, in that it:

(a) Meets the amenity standards set out in Appendix B; (b) Meets the standards for means of escape in case of fire and other fire precautions set out in Appendix C; (d) Is free from Category 1 hazards.

5.4 Fit and Proper Person 5.4.1 The Council will issue a licence to an owner or manager of an HMO provided they self certify that they meet the criteria for Fit and Proper Person as set out in Appendix D. 5.4.2 In cases where applicants do not meet this criteria the Council will exercise its discretion to issue a licence. 5.4.3 The Council will prosecute and revoke a licence if significant false information is

provided on the application form which influences the decision to issue a licence. 5.5 Management Arrangements 5.5.1 The Council will issue a licence if satisfied that there are satisfactory management

arrangements in place. These may include, but are not limited to:

(a) Competency (b) Suitable management structures

(c) Appropriate funding arrangements

(d) The ability to meet the licence conditions.

5.6 Approval and Duration of Licence 5.6.1 The Council will normally grant a licence for a period of 5 years but may grant a

licence for a lesser period in some circumstances. 5.6.2 The Council will grant a licence if:

(a) The house is (or can be made) reasonably suitable for occupation for the maximum number of occupants;

(b) The proposed licence holder or manager is a fit and proper person;

(c) The proposed management arrangements are satisfactory.

5.7 Licence Conditions 5.7.1 The Council will grant a licence subject to conditions set out in Appendix E. 5.8 Fees 5.8.1 The Council will charge a standard fee of £550 per application for all licences. 5.8.2 The Council will charge a fee of £500 for applications from landlords who are

recognised in the Swansea Landlord Accreditation Scheme or subsequently the Wales Accredited Landlord Scheme.

5.9 Temporary Exemption Notice (TEN) 5.9.1 The Council will not normally grant more than one TEN and in doing so will have

regard to the proposals for the property, any planning considerations and the arrangements for meeting the needs of the occupiers including those likely to be displaced.

5.9.2 The Council will only grant a second TEN in exceptional circumstances. 5.10 Rent Repayment Orders 5.10.1 Where a landlord is convicted for failure to licence and the rent is paid as Housing

Benefit, the Council may apply to the Residential Property Tribunal for a Rent Repayment Order.

5.11 Interim and Final Management Orders 5.11.1 The Council reserves the power to make an HMO Management Order in

exceptional circumstances and having regard to the criteria. 5.12 Management Regulations 5.12.1 Where there are breaches of these regulations the Council will normally issue a

warning letter to the relevant person specifying remedial measures and the consequences of failing to address them.

5.12.2 Where there are significant breaches of these regulations the Council will move

immediately to a prosecution.

5.13 Additional Licensing 5.13.1 The Council is satisfied that:

(a) a significant proportion of the HMOs in the Castle and Uplands wards area are being managed sufficiently ineffectively as to give rise to problems either for those occupying the HMOs or for other residents in the area; They include:

(i) Poor external condition including yards and gardens, which has an adverse impact on the general character and amenity of the area in which they are located;

(ii) Poor internal conditions such as inadequate amenities, hazards and overcrowding which have an adverse impact on the health, safety and welfare of occupants;

(iii) Anti-social behaviour affecting residents and the local community;

(iv) The lack of proper management giving rise to problems of waste management and associated problems of waste collection and fly- tipping. (b) that making the designation will significantly assist them to deal with those

problems; (c) that the exercise of this power is consistent with the Local Housing Strategy; (d) it is a co-ordinated approach to deal with homelessness, empty properties

and anti-social behaviour affecting the private rented sector.

5.13.2 The Swansea Additional Licensing Scheme shall be restricted to Houses in Multiple Occupation in the electoral divisions of Castle and Uplands. The map in Appendix F sets out the boundary of the scheme.

5.13.3 The Swansea Additional Licensing Scheme shall include all HMOs in the defined

area but excludes those HMOs with 3 or more storeys and 5 or more occupants which form part of the Mandatory Scheme.

5.14 Delegation 5.14.1 The enforcement options contained within Part 1 (Health and Safety Rating

System), Part 2 (HMO Licensing), Part 4 (Management Orders and Overcrowding Notices), Part 6 (Powers of Entry etc) and the relevant Schedules of the Housing Act 2004, shall be delegated to the Director of Environment.

5.14.2 Decisions relating to the refusal or revocation of a licence on the grounds of fit and

proper person shall be delegated to the Licensing Committee. 5.14.3 Changes to the technical specifications in Appendices B (Amenities) and C (Means

of Escape and Other Fire Precautions) shall be delegated to the Director for

Environment.

5.14.4 Changes to Licence Conditions (Appendix E) shall be delegated to the Director for Environment.

5.15 Housing Act 2004, Part 1 Health and Safety Rating System 5.15.1 In the case of Category 1 hazards the Council will exercise its statutory duty to

intervene and take the appropriate enforcement option. In the case of Category 2 hazards the Council will exercise its discretionary power and consider the appropriate enforcement option.

5.16 Public Register 5.16.1 The Council will maintain a Public Register in line with the prescribed requirements.

The Environmental Management and Protection database will be the source of the detail for the Register.

5.17 Non Licensable HMOs 5.17.1 HMOs that fall outside the licensing requirements will need to meet the

requirements of the Management of Houses in Multiple Occupation (Wales) Regulations 2006 and will be subject to Housing Act 2004, Part 1 Housing Health and Safety Rating System. For this purpose they will need to meet the prescribed standard for Means of Escape and Fire Precautions as set out in Appendix C in order to satisfy the requirement for the property to be free from a “Fire Hazard”.

5.18 Summary 5.18.1 The Council will exercise its powers in accordance with the Regulatory and Enforcement Policy Statement and Charter adopted by Council in February 2002 and will apply them in a consistent, transparent and proportionate manner.

APPENDIX C

COMMENTS FROM CONSULTATION RESPONDENTS

OPTION DETAIL LICENCE FEE (DISCOUNTED FEE FOR ACCREDITED LANDLORDS IN BRACKETS)

AVERAGE INCOME PER YEAR OVER EXISTING INCOME TARGET

NUMBER OF FUNDED OFFICERS

A

Flat-rate fee for all HMOs

£550 (£500)

£93,000

3 Enforcement Officers

B

Incremental fee structure depending on number of bedrooms: 3 bedrooms 4 bedrooms 5 bedrooms and above

£300 (£250) £400 (£350) £550 (£500)

£64,000


C

Incremental fee structure depending on number of bedrooms: 3 bedrooms 4 bedrooms 5 bedrooms and above

£400 (£350) £500 (£450) £650 (£600)

£93,000


Item No. 8 (F) (3)

Report of the Cabinet Member for Environment


GYPSY TRAVELLER POLICY 2008

Summary

Purpose: To present to Council the draft Gypsy Traveller Policy.

Policy Framework: Local Housing Strategy 2008. City and County of Swansea Race Equality Scheme. Policy Statement on Gypsy Travellers 2001 Unitary Development Plan 2008

Reason for Decision: Authority to proceed to adopt the draft Gypsy Traveller Policy as a basis for consultation.

Consultation: Legal Services and Finance Welsh Assembly Government Gypsy Traveller Unit

Recommendations: It is recommended that:

(a) the draft policy is adopted as a basis for consultation; (b) that full consultation be undertaken on the Policy; (c) following consultation the final policy is agreed by Cabinet and presented to Council for adoption; (d) consideration is given to identifying the required funding.

1 Introduction The background to this report is based on a number of decisions made by Council, Cabinet and representations from the Gypsy Traveller Officer Working Group (OWG).

1.1 On the 21st June 2007 a special meeting of Cabinet instructed the OWG to review the existing Council policy and consult with the Gypsy and Traveller Member Liaison Forum (the Forum) and then to the Cabinet and Council.

1.2 In January 2008 Council approved the Local Housing strategy (2007 – 2012). From December 2007 the Council’s duty to undertake an accommodation needs assessment includes the accommodation needs of Gypsy and Travellers. The Council’s strategy states that, following the Accommodation Needs Assessment, there is a need identified for further permanent site provision for Gypsies and

Travellers. The strategy refers to the OWG and the Forum developing a way forward.

1.3 The Forum accepted a final report of the OWG which included the draft Gypsy Traveller Policy at its meeting on 9th October 2008.

1.4 The draft Gypsy Traveller Policy is attached as an Appendix to this report. It includes a draft action plan.

1.5 The Forum, having commented on the draft Gypsy Traveller Policy agreed to note it.

1.6 The purpose of this report is to present to Council the revised Gypsy Traveller Policy 2008 and to recommend that it is adopted as a basis for consultation.

2 Existing Council Policy

2.1 In 2001 Council adopted a Policy Statement including a code of conduct for Gypsy Travellers. The Policy was derived from the existing guidance at that time.

2.2 Because of lack of access to the official Traveller Site and the absence of a transit site or any tolerated stopping areas, the Council does not tolerate any unauthorised camping anywhere in the Authority.

3 The Need to Change Approach

3.1 In the last 2 years there have been some significant and influential publications and research findings which reflect decisions of the courts and legislative provisions.

In summary they include:- Guidance - Non Statutory

3.2 Assembly and Home Office Guidance on Managing Unauthorised Camping. January 2005.

3.3 A Report to the Welsh Assembly Government by the Centre for Urban and Regional Studies on Accommodation Needs of Gypsy Travellers in Wales. April 2006.

3.4 A report of the Commission for Racial Equality, “Common Ground”, Equality, Good Race Relations and Sites for Gypsy Travellers. April 2006.

3.5 The response to the “Common Ground” report by the Association of Chief Police Officers which sets out force policy. June 2006.

3.6 The National Assembly for Wales’ Equality of Opportunity Committee produced their report “Review of Service Provision for Gypsies and Travellers” in 2003.

3.7 The reintroduction of the bi-annual count of Gypsies and Travellers at the request of the Welsh Assembly Government to help Councils meet their new statutory duty under the Housing Act 2004 and to inform the Assembly. July 2006.

3.8 The publication of the Council’s own Race Equality Scheme 2005 – 2008.

3.9 New Planning Circular 30/2007 which links the Local Housing Needs Assessment of Gypsies and Travellers directly to the Local Plan process.

3.10 The proposed publication of a Welsh National Strategy for Gypsy Travellers due in early 2009.

Statutory

3.11 The inclusion in the Housing Act 2004 (S225) of a new statutory duty for Councils to make an assessment of the accommodation needs of Gypsy Travellers in their district as part of their review of housing needs generally. April 2006.

3.12 Furthermore the Human rights Act 1998 (HRA) came into force in October 2000, incorporating the European Convention on Human Rights into British law. All eviction and enforcement decisions made by public authorities must be ‘proportionate’and carried out in compliance with convention rights.

3.13 The Race Relations (Amendment) Act 2000 extended responsibilities given by the Race Relations Act 1976. Public authorities have a general duty to eliminate unlawful discrimination, promote equality of opportunity and good race relations in carrying out their functions. Both Gypsy and Irish Travellers are now recognised as ethnic minorities.

3.14 Recent announcements on the availability of Welsh Assembly Grant for the refurbishment of existing Gypsy Traveller sites and grants of up to £1.5m for the provision of new Gypsy Traveller sites.

4 The OWG

4.1 The Director of Environment and former Director of Social Services and Housing convened the OWG to consider these issues and to recommend a way forward.

4.2 The OWG concluded that:- (a) The existing approach based on the zero tolerance is not sustainable, is expensive, fails to meet Assembly Guidance and recommendations of the Commission for Racial Equality and statutory duties. (b) The Forum be established. (c) The existing policy did not meet the requirements of the current guidance and statutes. A revised policy and strategy for dealing with unauthorised encampments needs to be prepared.

5 The Forum

5.1 Following a report to Council in January 2007 the Forum was established.

5.2 The Forum has met regularly. It has received reports from Council officers and from the Police including the South Wales Minorities Support Officer for Gypsies and Travellers. Members of the Forum have made site visits and have received presentations from the Community Physician and Welsh Assembly Government officials from the Gypsy Traveller Unit

5.3 In addition the Forum has met and held discussions with representatives of local Gypsy Traveller families.

6 Legal Implications

6.1 In January 2005 the Welsh Assembly Government issued a Guidance on Managing Unauthorised Camping (“The Guidance”)

6.2 The Guidance states ,among other things ,it is important that a local authority produces a policy statement to help make clear consistent decisions that will withstand challenge and will help ensure a balance is struck between the needs of all parties .

6.3 The Council’s current policy does not comply with the Guidance or complement the Council’s own policies and strategies and / or for discharging its other statutory duties to Traveller and Gypsy families in Swansea. As a result any decision made in reliance on it is likely to be challenged which may result in the Council being unable to enforce its property rights against unauthorised encampments.

6.4 The Council therefore needs to adopt a new policy statement which is the purpose of this report .The Policy will have to be the subject to an equality impact assessment as part of the consultation process.

7 Financial Implications

7.1 The policy aims to ensure that the Council complies with statutory requirements, government guidance and best practice. The objectives include the appointment of a Liaison Officer, and the creation of the required permanent and transit sites in line with the outcome of the Accommodation Review. Achieving these objectives will have significant revenue and capital implications.

Capital Costs 7.2 The average cost of a permanent site has been estimated at £2m but

there is the prospect of Welsh Assembly Government grant - they have set aside £1.5 million per year.

7.3 The cost of providing an acceptable temporary site pending the

provision of a permanent site is estimated to be £75,000 - £100,000. 7.4 The costs of a formal authorised transit site are estimated to be at least

£200,000. Revenue Costs 7.5 The management costs of a new permanent site are estimated at £25k

per year, but based on experience from the current site, this could mostly be funded from rental and other income.

7.6 The revenue cost of a Liaison Officer is estimated at £35,000. 7.7 There is no budgetary provision for any of these revenue or capital

costs.

8 Conclusion

8.1 The draft policy will provide a framework which will :- (a) Ensure that Gypsies and Travellers have equal opportunity to access the full range of Council Services.

(b) Allow the Council to meet its’ statutory obligations more effectively.

(c) Address the reasonable needs and expectations of both the settled community and the Gypsy Travellers.

(d) Allow the Council to use firm, fair and proportionate enforcement powers.

9 Recommendation It is recommended that: (a) the draft policy is adopted as a basis for consultation; (b) that full consultation be undertaken on the policy;

(c) following consultation the final policy is agreed by Cabinet and presented to Council for adoption;

(d) consideration is given to identifying the required funding. Background Papers Local Housing Strategy 2008 Race Equality Scheme Policy Statement on Gypsy Travellers 2001 Unitary Development Plan 2008 Welsh Assembly Government Guidance on Unauthorised Camping Contact Officer: Steve Hancock, Divisional Officer for Housing & Public Health

01792 635621 Legal Officer: Lyndsay Thomas

Appendix A DRAFT

CCIITTYY AANNDD CCOOUUNNTTYY OOFF SSWWAANNSSEEAA

GYPSY TRAVELLER POLICY 2008

Prepared by the Gypsy Traveller Officer Working Group

Draft 5.5 (30 Sept 08)

Contents

Section Sub Section

Title

Foreword

1 Introduction

1.1 Context

1.2 Vision and Aims

1.3 Definitions

2 Leadership and Corporate Commitment

2.1 Corporate Aim

2.2 Responsibilities and Key Roles

2.3 Managing and Operating the Policy

3 Service Delivery

3.1 Planning

3.2 Housing

3.3 Social Services

3.4 Education

3.5 Health

4 Unauthorised Encampments and Enforcement

Appendix

1 Protocol for Unauthorised Encampments

2 Procedure

A Unauthorised Encampments – Considerations

B Code of Conduct

C Case Conference Checklist

Foreword The City and County of Swansea is proud of its reputation as a friendly and welcoming place to live and work, a ‘community of communities’. We are home to people from more than 50 communities as defined by ethnicity. We want to ensure that we live up to this reputation and that Swansea is a place: • that compares with the best

• that invests in the future

• where everyone matters; and

• that values its culture and heritage This Gypsy Traveller Policy lays out some of the ways that the Council will try to ensure that Swansea welcomes and appreciates the diversity that this community brings to an inclusive society that meets the aims of: • ‘Achieving a step improvement in customer satisfaction across the board’

• ‘Leading the community and engaging with other organisations’ It also helps us to meet the key principles of the Welsh Assembly Governments ‘Making the Connections’ that include: • putting citizens at the centre

• emphasising equality and social justice The Council is confident that its Councillors, staff and the partners we work with from the public, private and voluntary organisations will work together to eliminate discrimination and treat people fairly and according to their needs. Chris Holley Paul Smith Leader Chief Executive City and County of Swansea City and County of Swansea

1. INTRODUCTION

1.1 Context

1.1.1 This Gypsy Traveller Policy is set in the context of the Council’s Race Equality

Schemes and other policies and schemes relating to equality, diversity and community cohesion. This Gypsy and Traveller policy also commits Swansea to becoming: A Society where everyone can participate fully as equal citizens

1.1.2 We recognise that people often face discrimination in everyday life and we are committed to treating people fairly and according to their needs. Everyone has a racial and ethnic identity, and this Scheme supports the right of all people to live without discrimination.

1.1.3 The City and County of Swansea recognises the important role it plays: • as a major provider of services in the locality

• as a major employer • as a lead agent in the development of services delivered by and in

partnership with other organisations • in providing an example to other organisations and agencies, through its

community leadership role

1.1.4 This Gypsy and Traveller policy needs to be linked to a range of Council policies, schemes and strategies including those relating to planning, education, housing and social services.

1.1.5 This Policy is supported by Protocols and procedures which provide Members and staff with more detailed information they need to meet the Policy's requirements.

1.2 The Vision and Aims

1.2.1 This Council is committed to:- • equality of access to services; • involving all sections of the community in decisions that affect them; • equality in service delivery and the way that people are treated and valued.

1.2.2 The Council will ensure that there are no discriminatory practices, and that policies will enable Council employees to understand their obligations and responsibilities to promote and provide services equitably to all members of the community.

1.2.3 In relation to Gypsies and Travellers, the Council’s aim is:- To ensure that Gypsies and Travellers in Swansea have equal opportunity to access the full range of Council services.

1.2.4 The Council’s Objectives

The objectives are to:- • Meet its statutory obligations and have regard to Welsh Assembly

Government guidance on managing authorised and unauthorised sites. • Complete an annual Accommodation Needs Assessment of Gypsies and

Travellers to inform the Local Development Plan. • Work in partnership with Gypsies and Travellers and local communities to

promote understanding and mutual respect. • Take account of the reasonable needs and expectations of both the settled

community and Gypsy Travellers. • Eliminate unlawful discrimination and promote equality of opportunity and

treatment. • Use firm but fair enforcement powers against unauthorised encampments in

accordance with the adopted protocol. • Provide a Gypsy Traveller Liaison Officer as a point of contact for the

provision of services and information. • Take advantage of capital funding made available by the National Assembly

for Wales for the provision of new sites for Gypsy Travellers.

1.2.5 The Council seeks to build constructive relationships with the Gypsy and Traveller communities as a whole, by working closely with them, their organisations, the Police, other agencies and the settled community.

1.2.6 The Council is opposed to the harassment to Gypsy and Traveller families and will act in a way that promotes tolerance and understanding.

1.3 Definitions of Gypsy Travellers

1.3.1 Race and Ethnicity Legislation

• The Race Relations Act 1976, (as amended by the RRA Amendment Act 2000) prohibits direct and indirect discrimination on racial grounds. It makes it unlawful to treat someone less favourably on grounds of colour, race, nationality or ethnic or national origins. A racial/ethnic group is a group of people defined by one or more of these characteristics. This includes Gypsy Travellers, but omits New Age Travellers and Showmen.

• As defined, this would include Romany Gypsies and Irish Travellers. Also Roma – the term usually applied to European ‘Gypsy’ groups who many come to UK as migrant workers or asylum seekers/refugees. An ethnic definition would also include Welsh and Scottish Gypsy Travellers since the term ‘Gypsy’ is not pre-fixed by any other indication of origin.

• This policy covers all the groups covered by the Acts, whether nomadic or

partly nomadic, or no longer living a nomadic way of life but settled in housing or caravans on public or private sites.

1.3.2 Planning Legislation

Gypsies and Travellers are defined in Planning Circular 2/94 as:- Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds of their own or of their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling show people or circus people travelling together as such. A definition, similar to that in use prior to 2006, but allowing people to ‘retire’ from travelling or to otherwise stop travelling for specific purposes without losing their Gypsy and Traveller status. Likely to include many Gypsies and Irish Travellers, and New Travellers (certainly while actively travelling). It specifically excludes Showmen as a group.

1.3.3 Housing Legislation

Regulations made under Section 225 of the Housing Act 2004 define Gypsies and Travellers as:- (a) persons with a cultural tradition of nomadism or of living in a caravan; and (b) all other persons of a nomadic habit of life, whatever their race or origin,

including:- (i) such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and (ii) members of an organised group of travelling show people or circus people (whether or not travelling together as such). This is a wider definition referring to a ‘cultural tradition’ of nomadism, and to living in a caravan as a distinct concept. It includes Gypsies and Irish Travellers, New Travellers and Showmen, and could include Roma depending on how ‘cultural traditions of nomadism’ are interpreted.

1.3.4 The Council will apply the widest definition of Gypsy or Traveller according to the service being provided and subject to the legislation which applies in relation to that service.

1.3.5 The Council recognises that there are different needs for each group that fall within these definitions including those that have ceased to travel and live in bricks and mortar as well as show people.

2. LEADERSHIP AND CORPORATE COMMITMENT

2.1 Corporate Aim

One of Swansea’s overriding aims is to: ‘Lead the community by being accessible and accountable and engaging openly and honestly with local people, groups and organisations.’

2.2 Responsibilities and Key Roles All Members and officers of the Council have responsibility for the implementation of this Policy. They will be supported by:

• the Cabinet members with the portfolios for planning, housing, education, social services and equality and diversity issues

• the Champion for Equalities

• the Chief Executive and the Corporate Management Team

• all Directors and Heads of Service, who will ensure that their services are delivered in accordance with this policy.

• the Gypsy Traveller Member Liaison Forum and the Officer Working Group

• specialist officers appropriately trained.

2.3 Managing and Operating the Policy The Gypsy Traveller Officer Working Group will:

• have representatives from all relevant service areas

• develop a Gypsy Traveller Action Plan

• monitor and evaluate the policy and action plan

• complete an equality impact assessment of the policy

• report to the Member Liaison Forum.

• The chairman of the Officer Working Group will be responsible for monitoring and evaluating the policy and action plan and reporting back to the Member Liaison Forum.

2.4 Resources

The Officer Working Group will look to identify best practices throughout the UK and develop the policies set out in this document. It recognises that the leading councils have one feature in common in that they have dedicated Gypsy Traveller Liaison Officers.

3. SERVICE DELIVERY

Service delivery for Gypsies and Travellers should be of the same standard as for all other groups and individuals taking into account any needs or specific requirements.

3.1 Planning

3.1.1 The new Circular ‘Planning for Gypsy and Traveller Caravan Sites in Wales’ which provides updated guidance on the planning aspects of finding sites for Gypsies and Travellers became effective on 18th December 2007.

3.1.2 The guidance recognises ”that many Gypsies and Travellers wish to find and buy their own sites to develop and manage…. However, there will remain a requirement for public site provision above the current levels. Such sites are needed for Gypsies and Travellers who are unable to buy and develop their own sites, or prefer to rent, and to provide transit sites and emergency stopping places where Gypsies and Travellers may legally stop in the course of travelling.”

3.1.3 The new guidance requires local authorities to assess Gypsy and Traveller accommodation needs. In this respect the key source of information will be the Local Housing Market Needs Assessment which will inform the preparation of the Local Development Plan (LDP). Where there is an identified unmet need, sufficient sites should be identified in the LDP. The Unitary Development Plan (UDP) is now nearing adoption having been endorsed in its final form by Council on 11th September 2008, and work on the LDP is due to start in 2008. The Authority will engage with the Gypsies and Travellers themselves, their representative bodies and local support groups to ensure that their views are taken into account in the preparation of the LDP. If in the interim period an unmet need is identified, the Local Planning Authority should give consideration to granting a temporary permission where there are no overriding objections on other grounds.

Planning considerations

3.1.4 Sites should have access to local services such as shops, doctors and schools. Sites should also have good transport links. All sites proposed to be allocated in Development Plans must have their social, environmental and economic impacts assessed through the sustainability appraisal process.

3.1.5 In areas with nationally recognised designations, such as the Gower Area of Outstanding Natural Beauty, as with any form of development, planning permission for Gypsy and Traveller sites should only be granted where it can be demonstrated that objectives of the designation will not be compromised. Sites of local importance for nature conservation should not however be used as reasons in themselves to refuse planning permission.

3.1.6 Sites on the outskirts of built up areas and/or in semi rural settings may be appropriate provided the site is not visually obtrusive and does not encroach into

the open countryside. In assessing suitable sites, regard should be had to the availability of alternatives to the car in accessing local services. Sites should also respect the scale of and not dominate adjoining settlements. Any development should have access to and not place undue pressure upon local infrastructure and services.

Current and Proposed Development Plan Policy

3.1.7 The Post-Inquiry Modifications version of the Unitary Development Plan for the City and County of Swansea identifies that sites for Gypsies and Travellers will be permitted where there is a proven unmet need subject to the following criteria being met: (a) The site should be in, or on the outskirts of, existing settlements or in rural

or semi-rural settings which are not subject to specific planning or other considerations, and which have reasonable access to local services.

(b) The site should respect the scale of and not dominate the nearest settled communities and in rural settings have no significant adverse effect on the character and appearance of the countryside.

(c) The site should have no significant adverse effect on the amenity of neighbouring properties from noise or other disturbance arising from the movement of vehicles to and from the site, the stationing of vehicles on the site and on-site business activities.

(d) There should be no mixed residential and business uses in rural areas or on sites where it would result in significant harm to local amenity or to the health and safety of occupants and/or neighbouring residents.

(e) The site should not be located in close proximity to incompatible land uses. (f) Sites should have acceptable road access. (g) Sites should not place undue burden on the local infrastructure, which

should be available at the site at a reasonable cost. (h) The site should be relatively unobtrusive or capable of being screened,

particularly in countryside settings. (i) Provision should be made for at the site for suitable screened parking and

storage areas, and (j) The site should not cause harm to natural heritage and the historic

environment.

3.1.8 The existing site at Ty Gwyn Road is identified on the UDP Proposals map, but in the absence of an accommodation needs assessment when drafting the plan no additional sites have been identified. Any planning applications for such uses will be assessed against the criteria set out above.

Enforcement of Planning Control

3.1.9 Where a Gypsy and Traveller site is unauthorised and enforcement action is required the Local Planning Authority may consider either the service of a Stop Notice and Enforcement Notice or it may undertake Injunctive proceedings to remedy the breach of planning control.

3.1.10 Site provision will be encouraged where there is an unmet need for Gypsies who normally reside in or resort to the Swansea area. This will be achieved through support for the development of permanent Gypsy Traveller caravan sites in satisfactory locations, in accordance with the relevant Policy. This may include long stay residential sites, transit sites for short term stay and emergency stopping places.

3.2 Housing

3.2.1 The proposed new planning process requires local authorities to assess Gypsy and Traveller accommodation needs. This will then inform the Local Housing Strategy which will identify pitch requirements at a local planning authority level.

3.2.2 Section 225 & 226 Housing Act 2004 places a statutory duty on local authorities to assess the accommodation needs of Gypsies and Travellers under the Local Housing Market Assessment process and then to consider the identified needs.

3.2.3 Special emphasis is placed on local authorities assessing the needs of those Gypsies and Travellers who live in, or “resort to” an area. This will allow them to consider both the need to provide appropriate temporary accommodation for Gypsies and Travellers, as well as permanent accommodation on sites or in housing.

3.2.4 The Authority currently has an authorised Gypsy and Traveller site located in the Llansamlet area of the city. The site of 7 hard standing plots is managed by local District Housing Office. The Council is committed to managing this site and to providing services in line with current procedures.

3.2.5 The Council’s adopted Local Housing Strategy draws on the accommodation needs assessment and concludes that there is a need for further permanent Gypsy Traveller site provision. The factors that need to be considered regarding the location of any new sites will be subject to further research. The results of the research will be used to develop a project plan. The Member Gypsy Traveller Liaison Forum will be consulted on the project plan prior to the Council making a decision.

3.2.6 The Council will review the accommodation needs assessment and make changes to the Local Housing Strategy if necessary. In addition it will complete the bi-annual Gypsy Traveller count in line with WAG requirements.

3.3 Welfare

3.3.1 General

Social Services provides services for vulnerable people in our community who need support, care or protection; this would include Gypsy Travellers. We believe that a person’s independence should be maintained within their chosen home environment wherever possible. Once assessed as being eligible for a service, every effort will be made to provide those services within the persons own home. Every effort will be made to ensure that services are culturally sensitive and accessible to Gypsy Travellers.

3.3.2 Social Services provides services for people who need:

• Support to live independent lives

• Someone to look after them

• Protection from harm We also work with people who care for relatives or friends to support them in that caring role.

3.3.3 Relevant Legislation

Social Services Departments have duties and powers to provide services to Gypsy Travellers under various legislation; • The Children Act 1989

• The National Assistance Act 1948

• The NHS and Community Care Act 1990

• Mental Health Act 1983

• Chronically Sick and Disabled Persons Act 1970 The purpose of any Welfare Enquiry should be to identify whether any needs exist within the travelling group which might trigger duties or powers or

necessitate the involvement of other sectors to help resolve any issues or meet any identified needs.

3.3.4 Access to Adult Welfare Services

People receive support from Social Services after a professional assessment of their needs. We use eligibility criteria to help us to work out who qualifies for help, and whose needs are most urgent.

The Intake Team is the initial contact and referral point. The team can provide a range of information and advice and, where appropriate, refer cases to the Assessment and Long Term Teams.

3.3.5 Access to Children and Family Welfare Services

All families with children under the age of 18 who live in Swansea can receive advice and information from Child and Family Services. We also provide specific services to those families and children who are in greatest need.

For example:

• Children with disabilities and their families

• Parents who are having difficulties looking after their children

• Children and young people who are at risk of being neglected or harmed

• Children and young people in trouble with the law

• People who would like to provide a home for a child through fostering or adoption In some circumstances we have a legal duty to take action. We must protect any child whose health and welfare may be at risk if they do not receive help.

3.3.6 Supporting People Services

Supporting People is a Government initiative for supporting people in their homes. Services are jointly planned through Social Services, Housing, Health and Probation.

Supporting People funds Support Services. The Swansea Supporting People Team are responsible for administering this at local level. The funding is aimed at providing accommodation related support to reduce tenancy breakdowns, reducing hospital, residential care admissions and promote independent living across a wide range of vulnerable people.

3.3.7 Access to Supporting People Services

Members of the Gypsy Traveller communities may be eligible for Supporting People Services if they require support to establish or maintain a tenancy. In situations where Unauthorised Sites have been established and Eviction Proceedings are being pursued families may be eligible to access Supporting Peoples Services via Housing Options.

3.4 Education

3.4.1 The Education Act 1996 and subsequent legislation requires Local Authorities to make education available for all school age children in their area, appropriate to their age, abilities and aptitudes. This duty extends to all children residing or resorting to their area, whether permanently or temporarily. It thus embraces all Traveller children. Gypsy and Traveller children have been identified as the group most at risk in the education system The Traveller Education Service (TES) is based within the education Directorate. It co-ordinates, monitors, advises on and supports educational provision for the Gypsy, and Traveller community throughout Swansea. The TES has a long and successful record of working with Gypsies and Travellers in Swansea, including families on the official site, visiting families and with families unofficially encamped in the area. The TES is pro-active in making contact with families known to be in the area but is also contacted by families resorting to the area, requesting support in accessing education for their children.

3.4.2 The TES aims to:-

• Support access to education for Gypsies and Travellers at all phases of education

• Promote the inclusion of Gypsy and Traveller children

• Raise awareness and understanding of Gypsy and Traveller history and culture

• Identify and remove barriers to learning for Gypsy and Traveller pupils and their families

• Support Gypsy and Traveller pupils, parents and the schools they attend

• Raise attendance and attainment of Gypsy and Traveller pupils wherever possible

3.4.3 The work of the TES includes:

• Support for parents in accessing educational provision

• Support for schools in the admission process

• Liaison between home and school to develop positive partnerships between schools and parents

• Working with Education Welfare Officers to promote and monitor attendance

• In-service training to schools and other educational establishments to raise awareness of Gypsy and Traveller culture and the use of appropriate resources which positively reflect the Gypsy and traveller culture

• Assisting schools in complying with relevant legislation and local guidance regarding issues such as equal opportunities provision and Race Relations legislation

• Liaison with WAG through the All Wales Traveller Education Forum, on the development of education provision for Gypsies and Travellers

• Awareness raising of Gypsy and Traveller culture with arrange of agencies, including the local Authority, whose work brings them into contact with the Gypsy and Traveller community

• Liaison with schools and Traveller Education Services across the country regarding transfer of pupil records and access to school places.

3.5

Health

3.5.1 The World Health Organisation as long ago as the late 1940’s, recognised health as a state of complete physical, mental and social wellbeing, and not merely the absence of disease or infirmity.

3.5.2 Whilst there are no centrally collected health indicators for Gypsies and Travellers, there is research evidence that points to health disadvantage for this community. Infant mortality rates are higher and life expectancy is estimated to be 10 years shorter in comparison to the settled population. Research has indicated that health outcomes are particularly poor for Gypsies and Travellers living on unauthorised sites. Children’s health is a particular priority for Gypsy and Traveller families, who can face a variety of barriers in securing full access to health services. The ‘National Service Framework for Children, Young People and Maternity Services’ (2004) indicates that travelling children, young people and their families may require specific consideration to ensure that services are accessible to them and that services are provided in a manner which addresses their needs and facilitates their engagement.

3.5.3 Whilst there are no duties or powers in law directed specifically at the health care of Gypsies and Travellers, in Swansea, a specialist health service – focusing upon the children of this community – has been provided for over 20 years. Currently a Consultant Community Paediatrician, supported by a specialist Health Visitor, (both employed by Swansea NHS Trust) makes regular visits to the authorised and unauthorised sites in Swansea.

3.5.4 Work undertaken, with a view to improving health outcomes, includes:-

• Facilitating access to primary care services (GP’s and Dentists)

• Provision of a child health surveillance service

• Provision of childhood immunisations

• Provision of health promotion advice, for example, in relation to childhood accident prevention and smoking cessation in carers

• Provision and co-ordination of care for children with additional and complex health needs

• Opportunistic health assessments of children when carers have concerns

• Advocacy work on behalf of the community, in an attempt to overcome identified barriers to health

• Liaison with colleagues in education, social care, planning and site management, as well as members of the Gypsy and Traveller community, in addressing identified needs, which are likely to impact on health.

3.5.5 Solutions to address poor health outcomes will require continued partnership and collaborative working between agencies and members of the Gypsy and Traveller community, alongside the current local specialist health service provision.

4. UNAUTHORISED ENCAMPMENTS AND ENFORCEMENT

4.1 Government guidance accepts that the eviction of an unauthorised Gypsy encampment remains a matter for local discretion and urges that powers should be used in a “humane” and compassionate fashion and primarily to reduce nuisance and to afford a higher level of protection to private owners of land”.

4.2 The Council recognises that in the absence of sufficient long stay residential sites, short stay transit sites and emergency stopping places, it may have to deal with unauthorised encampments.

4.3 The Council will apply a series of tests to determine if an encampment may be allowed to remain for an agreed period of time or where there are circumstances when immediate action is necessary. The Council may allow (subject to the protocol and the assessment) an unauthorised encampment to remain for a period of between 1 day and no more than 28 days. Any period greater than 28 days will be subject to planning regulation.

4.4 If it is reasonable to allow an unauthorised encampment to remain for a specified period the Council will:

• agree the duration of the encampment with the Gypsy and Traveller community;

• provide any necessary health and welfare advice;

• arrange adequate facilities for the storage and subsequent removal of refuse; • consider access to fresh water and facilities to dispose of human waste if

appropriate and practicable;

• provide a point of contact for both Travellers and the settled community;

• liaise with local residents and businesses to consider any issues of concern, help resolve any tensions and explain the basis of the decision to allow the encampment to remain.

4.5 In operating its Gypsy and Traveller Policies the Council will take into

consideration current legislation and guidance.

4.6 There are constraints upon the Council’s use of its powers to recover possession of land to end unlawful encampments on private land. It will remain the primary responsibility of the private land owners to take action in relation to such encampments.

4.7 The Council will normally use the County Court procedures to recover possession on unlawfully encamped land. Each encampment on Council land will be considered on the basis of the relevant individual circumstances applicable to each case and having regard to the Protocol.

4.8 The Council may uses its powers under Section 77, 78 of the Criminal Justice and Public Order Act 1994 and issue directions to leave land and may make an application to Magistrates Court for an order requiring the removal of vehicles and occupants.

4.9 The Council will take appropriate enforcement action against unauthorised encampments having regard to Welsh Assembly Government guidance and the adopted protocol for unauthorised encampments

4.10 Measures will be taken to repair any damage sustained to the site of an unauthorised encampment on Council owned land wherever possible and consideration will be given to steps which may need to be taken to prevent further trespass.

Appendix 1

Protocol for Unauthorised Encampments in Swansea

1 Protocol

1.1 This protocol has been prepared by the Gypsy Traveller Officer Working Group and in association with the Police.

1.2 This protocol is in line with statutory guidance, national policy frameworks and best practice.

1.3 All considerations will be made with due regard to statutory obligations including the Human Rights Act 1998, the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000 and other government statutory guidance.

1.4 It presumes that all parties will act within the actual and spirit of the law.

1.5 It will be effective from……………..

1.6 In this protocol the reference to travelling community means Gypsies and Travellers as set out in Section 1.3.3 of the Policy.

1.7 The protocol applies to all land which the Council either owns or exercise rights or obligations over including highway land.

2. Aim 2.1 The aim of this protocol is to:

• ensure an effective, efficient, fair and consistent approach to the management of unauthorised encampments;

• take account of the reasonable needs and expectations of both the settled and travelling communities; and

• enable the public sector partners to undertake their statutory responsibilities.

2.2 This protocol acknowledges that:-

• at any given time members of the Gypsy Traveller Community will require to stop either overnight or for a longer period;

• the Council has an obligation to provide appropriate facilities to meet needs;

• the Council must ensure that any unauthorised encampments are handled in the most appropriate way;

• all parties, be they settled community or Gypsy Traveller, have both rights and responsibilities.

2.3 Any stay on land other than on a site specifically designated for Gypsy

Travellers is time limited and dependent upon them abiding by the Code of Conduct.

2.4 Failure to comply will result in action to move on.

3 The Principle

3.1 The Council’s view is that whilst:-

• an unauthorised encampment will always be defined as such; and • powers exist to take immediate action to evict, there will not be an automatic presumption of immediate eviction in every case.

3.2 A series of tests will be applied to determine whether an encampment on a

particular piece of land not specifically designated for Travellers should be allowed to remain.

3.3 Two main factors will be considered:- 3.3.1 Factors relating to the encampment

These include but are not limited to:-

• the size of the encampment relevant to the land ; • the duration of any stay; • the health, safety, education and welfare needs of the Travellers; • the proximity of the encampment to any sensitive or potentially hazardous

sites; • proximity to roads where a highway danger may ensue; • the social and environmental behaviour of the Travellers; • any known previous behaviour by those Travellers; • any known and immediate welfare issues.

3.3.2 Factors relating to the land or surrounding environment

Listed below are types of site where unauthorised camping will not normally be accepted. These include but are not being limited to:- • a site of specific scientific interest (SSSI) or where an encampment

endangers a sensitive environment or wildlife; • a school car park or playing fields; • an urban park; • car parks, including hospital, supermarket or leisure facility car parks; • an industrial estate; • recreation ground and public playing fields; • a site where pollution from vehicles or dumping could damage ground

water or water courses; • a derelict area with toxic waste or other serious ground pollution; • a village green or other open area within a residential area; • the verge of a busy road where fast traffic is a danger.

4 What the Local Authority will do

4.1 The Council will:-

• Prepare a written procedure which documents how action will be taken and which reflects this protocol. Documents will be available in other formats as required and may be explained in person as necessary.

• Nominate officers to deal with Gypsy and Traveller issues, who will be briefed on policy and procedure and trained to undertake their duties effectively including understanding the needs and expectations of the Gypsy and Traveller culture.

• Recognise and respect the reasonable rights of both the travelling and settled community.

• Unless there are exceptional circumstances before any decision to move on is taken we will:- - carry out health, safety and welfare assessments; - consider the issues and circumstances and involve the police and the health care professionals and any other relevant people; - consider the factors referred to under this protocol.

4.2 If it is reasonable to allow the unauthorised encampment to remain we will:-

• agree the duration of the encampment with the travelling community; • provide any necessary health and welfare advice; • provide adequate facilities for the storage and subsequent removal of

refuse; • provide, if appropriate and practicable, access to fresh water and facilities

to dispose of human waste; • provide a point of contact for both travellers and the settled community; • liaise with local residents and businesses to consider any issues of

concern, help resolve any tensions and explain the basis of the decision to allow the encampment to remain.

4.3 Ensure that only such force as is necessary will be used to remove the encampment and secure the site taking into account the circumstances and evidence relating to the encampment.

5 Expectations of the Travellers

5.1 If it proposed to allow an encampment to remain for an agreed period there

are a number of considerations which the partners can reasonably expect from the travelling community .

5.2 As part of the agreement to stay we would expect Gypsies and Travellers to:-

• agree the duration of their stay; • be accountable for their behaviour towards the local community and each

other; • respect the environment, the surrounding area and property and the

reasonable expectations of the local settled community; • not create a hazard to road safety or otherwise create a health and safety

hazard; • not to dump or inappropriately dispose of household, human or trade

waste; • to dispose of all household waste in containers supplied by or as directed

by the council; • to keep all animals under control;

• leave the site by time agreed and in the condition it was upon arrival; • not to re-occupy the same area of land within a period of three months. • agree to the Code of Conduct • any agreement will be in a format that is readily accessible to all. Where

necessary it will be explained in person. 6 Expectations of the Settled Community

6.1 It is acknowledged that there can be tensions between the settled and

travelling community.

6.2 Where an encampment is being permitted to remain on a temporary basis residents and the businesses in the vicinity will be informed.

6.3 Information about the arrangements will also be given to elected members and the local community.

6.4 Provided the Travellers respect the conditions of any agreement to stay the settled community will be expected to: • respect the reasonable expectations of the local Gypsy and Traveller

community; • be accountable for their behaviour towards the Gypsy and Traveller

community; • incidents of inappropriate behaviour towards the Gypsy Traveller

community will be recorded and be referred to the appropriate agency. 7 Communication

7.1 Copies of this Protocol will be:-

• provided in appropriate forms to the travelling community using national

and local groups and networks; • briefed within the participating organisations at both member and officer

level. 8 Monitoring

8.1 The effectiveness of this Protocol and the number type and impact of Gypsy

encampments will be monitored by the Gypsy Traveller Officer Working Group and the Member Liaison Forum.

Appendix 2

Procedure for Managing Unauthorised Encampments

2 The Lead Authority • The Council will act as lead authority in respect of unauthorised camping

on the highway or on Council owned land. • The Council will lead in respect of unauthorised camping on private land

and common land. • The Police will lead when the decision has been taken to enact powers

under Section 61-62E. Criminal Justice and Public Order Act 1994. 3 Notification

3.1 Any reports of unauthorised encampments should be referred to the ( )

Department. Details to be recorded on the database.

3.2 The case officer will establish ownership details of the site. If privately owned, case officer will advise owner and send information pack.

Action Following Notification of an Unauthorised Encampment 4 Site Visit

4.1 When notification of an unauthorised encampment is received, the case

officer will visit the site at the first opportunity (normally within one working day) to consider the acceptability of the encampment. The officer may choose to make a joint visit with a Police, Education or Health Officer. The officer will give attention to any complaints received or other issues that may arise from the encampment and location.

4.2 Following the site visit, the case officer will consult and decide upon the most appropriate course of action, normally by means of convening a case conference.

5 The Case Conference

5.1 Where a case conference is convened, representatives from the Council,

Police, and Health Services will be consulted and where an involvement is clear will be invited to attend. Representatives of both settled and Gypsy and Travelling communities may be invited to attend at the Council’s discretion.

5.2 The Case Conference Assessment Checklist (Appendix C) contains criteria for consideration of the encampment including its siting, any health, welfare and educational needs, criminal or antisocial behaviour, environmental impact and Human Rights considerations. Following the completion of the assessment checklist a decision will be made as to whether the encampment should be allowed to remain for an agreed period or whether to take possession action.

5.3 A decision to follow eviction procedure will be based on the following.

(a) Have the considerations for Unauthorised Encampments been addressed (Appendix A). (b) Are the Travellers prepared to sign up to and comply with the Code of Conduct.

6 Action following a Case Conference

6.1 Following the case conference, if a decision is taken to evict an unauthorised encampment the aim should be to act quickly and efficiently; to use powers most appropriate to the circumstances and to reduce scope for challenge through the courts by ensuring that policies and procedures are property followed.

6.2 The Decision Note should be signed off by the Director for Environment and where appropriate after consultation with the Cabinet member.

6.3 The Decision Note will be the basis of the instruction to the Head of Legal

Services to start the eviction process.

Appendix A

Unauthorised Encampments – Considerations Set out below are the broad considerations that form the Protocol. The Council will assess each encampment on a case by case basis and may not pursue an immediate order for the removal of an unauthorised encampment subject to the Gypsy/Traveller group adhering to the Code of Conduct set out at Appendix (B) and the satisfactory assessment of:-

1 The size of the encampment and the number of caravans. Smaller numbers of

caravans at an encampment are more acceptable. The size of the group should be appropriate to the location.

2 The distance between the family groups on the encampment. Well-spaced groups are more acceptable.

3 The suitability of the site, its location, environmental sensitivity and the impact the encampment might have upon it. Considerations such as SSSI, contamination of water supplies or soil and any other environmental factors will be taken into account.

4 The existing day to day use of the land should not be impeded. Local authority, statutory authority or agricultural land shall not be prevented from carrying on its operational use or, insofar as parkland or other public open space is concerned, shall not detract from its amenity value.

5 The occupation of any land shall not have a serious detrimental effect on the amenities or otherwise cause nuisance to the occupants of any property adjacent to the encampment.

6 Dumping or inappropriate disposal of household, human or trade waste is not acceptable. Waste disposal facilities may be provided in certain circumstances. It is expected that the encampment will bag waste and dispose of it properly or to leave it for collection where this facility is provided.

7 Open fires must be kept to a minimum, must be kept small and controlled and must not be left unattended. The burning of scrap metal, or other noxious material is not permitted.

8 Damage to any property, fences or trees etc., on land occupied by Gypsies and Travellers, or any adjacent land, is not acceptable.

9 The behaviour of any Gypsies and Travellers towards residents in neighbouring communities should not be intimidating or involve actual or threatened violence or the use of abusive or insulting language. Equally the behaviour of residents in settled communities should not be intimidating or involve actual or threatened violence or abusive or insulting language towards Gypsies and Travellers. Incidents of inappropriate behaviour will be recorded and referred to the appropriate agency.

10 The health, welfare and education needs of all members of the group must be taken into account insofar as moving a person on would have a negative affect on their health or welfare.

11 The educational or training status of the children and young people in the group should be taken into account insofar as they may be engaged in education and/or training, or in the process of preschool, school or college enrolment or similar.

12 The mobility or roadworthiness of the vehicles or caravans belonging to the group will need to be considered, as will the ability of members of the group to drive them.

13 The distance between each caravan shall be a minimum of m.

Appendix B

Unauthorised Encampments – Gypsy and Traveller Code of Conduct

The Council will consider what, if any, legal action to pursue in line with its policy on Unauthorised Camping and will base this decision upon its Protocol for Unauthorised Encampments. An unauthorised encampment may be tolerated for a specified period of time if the occupants abide by the Code of Conduct set out below. 1 Occupants of the site must respect the environment, the surrounding property

and the reasonable expectations of local settled communities.

2 The size of the group should be appropriate to its location. 3 No trade waste, gas canisters or domestic waste to be dumped. Waste

facilities for domestic waste will be provided where appropriate.

4 The occupants of the site will be accountable for their behaviour towards the local communities and each other.

5 Animals must be kept under control at all times. 6 All human waste on site must be dealt with in a safe and hygienic manner. 7 Continuous occupation of the same site by consecutive groups is not

acceptable.

8 A definite date of departure once agreed with the appointed officer must be adhered to.

Where trade waste is dumped, or scrapping of vehicles or fly tipping occurs by occupants of an unauthorised encampment the Environment Agency may be informed. It should be noted that fly tipping is illegal and offenders can be fined £50,000 or sent to prison for up to 5 years for each deposit of waste. Officers of the Environment Agency or the Council may stop (with police support) any vehicle believed to be carrying “controlled waste”. Drivers of vehicles used without relevant documentation may be subject to being reported to the Court and their vehicle seized. Any person who drives a vehicle onto Common land may be liable to fine under the Law of Property Act 1925 s193(4). A significant breach, repeated breaches, or a number of different breaches of the above conditions may result in immediate eviction. These guidelines will be issued and explained to groups by the Lead Officer at the initial site visit.

Appendix C

Case Conference: Assessment Checklist

When an unauthorised encampment occurs, the Council needs to establish who is living there, the likely period of occupation, and its impact on the local community. This Checklist is intended to provide sufficient background information to enable balanced and informed decisions to be made concerning its tolerance or otherwise. Data Protection Act 1998 The Data Protection Act regulates the holding and processing of personal data. The Act gives rights to individuals and places obligations on those persons who control the processing of personal data. It will be the responsibility of the signatories to this Protocol to ensure that information supplied to them under this Protocol will be used solely for the purpose for which it was obtained. They should also ensure that such information is not disclosed to unauthorised personnel and keep all relevant data confidential and comply with the Data Protection Act. Reference: Date/Time of Conference: Venue: In attendance Name Job title/Organisation A. General Information: 1. Address/Location/Grid Reference:

2. Ownership of land (if known):

3. Date of Arrival of Travellers:

4. No. of Living Units:

5. No. of Other Vehicles:

6. Site information (details of any health and safety/hard standing/general description):

7. Previous Location of Group (if known):

8. Length of time group has indicated they wish to stay:

B. Specific Information relating to Group Name Date of

Birth Relationship Details inc. reg. of any

vehicles

Details of health concerns, pregnancy, children at risk, details of doctor or hospital appointments: Name Health Issue

Please give details of children attending an educational establishment: Name Details

C. Details of Encampment Location

1. Is the encampment at or near to a Nature Reserve, SSSI or other environmentally sensitive area? Give Details.

2. Could significant damage occur as a result of the encampment?

3. Is the encampment near a residential area?

4. If so, what impact is it likely to have on the surrounding area?

5. Is the encampment on public land?

6. If so will it obstruct the operational use of that land to a significant effect?

7. Does the site contain or is it likely to contain substances which may be toxic or hazardous to health?

8. Has the site been occupied by

Gypsies or Travellers in the preceding year?

9. Does the encampment block any accesses?

10. Is there a significant nuisance to adjacent landowners/ occupants because of this?

11. Are there safety implications for the group or others due to the encampment?

12. Is there a significant adverse affect on the amenity of the area?

13. If so, what is the length of time this could be tolerated?

14. Does the land have planning permission by-law restrictions or other legal restrictions?

15. What is the planning position with regard to short stays by Gypsies and Travellers?

16. Are there other sites, formal or informal within the vicinity that would be more suitable?

17. Are there vacancies on any authorised sites within the area?

The Encampment

18. Is the group known historically to the authority?

19. If so, has it complied with the Code of Conduct on previous occasions?

20. How long is the group likely to stay?

21. Has the Code of Conduct been issued and explained to the group?

22. Is the size of the encampment a legitimate concern for the local settled community?

23. Are the groups/units reasonably spaced?

24. Are open fires being lit?

25. If so, are they dept well under control?

26. Are noxious substances being burned?

27. Has there been damage to property, fences or trees at the location or on adjacent land?

28. Are all animals kept under control so as not to cause fear or potential hazard to Highway safety?

29. Is the encampment a danger to public health due to the dumping of household, human or trade waste?

30. If so, have the Environment Agency been informed and what is their response?

Other Considerations

31. How recently has the group been moved on?

32. Are there medical concerns with group members that would prevent the group moving on or would create a risk to health?

33. Are there any vulnerable, elderly or infirm members of the group?

34. If so, have the welfare agencies been consulted and what is their view?

35. Has the Travellers Education Service assessed the educational needs of the group?

36. Are the vehicles on site able to be driven?

37. Are members of the group able to drive the vehicles?

38. Has any criminal or anti-social behaviour been witnessed or reported?

39. Have the police been informed of such incidents?

40. What are the views and proposed actions of the Police?

41. If there is evidence of criminal or anti-social behaviour?

42. If so, do the Police intend to used Section 61 or 62A Powers of Eviction?

43. Have there been complaints to the lead or other authority? Are they verifiable? Are they reasonable?

44. With regard to the group’s rights, would eviction contravene the Human Rights Act 1998?

45. With regard to the settled community’s rights, would non eviction contravene the Act?

46. Are there any other issues that need to be considered?

Assessment Checklist Completed on behalf of Lead Authority by: Name/Organisation Signature

Appendix D

Gypsy Traveller Policy – Draft Outline Action Plan 2008 Key Objective Action Who When 1.

Accommodation Needs Assessment (a) Develop strategy to address need arising from the accommodation needs assessment

(b) Calculate number of pitches based on the assessment

2.

Education and awareness (a) Complete training package for officers and members associated with working group and forum.

(b) Make training available to all members. (c) Engage the community in an awareness programme

3.

Site Provision (a) Complete survey of available land having regard to adopted planning criteria

(b) Identify sites for inclusion in the Local Development Plan (c) Prepare bid to NAW for funding.

4.

Engagement & Consultation (a) Complete Equality Impact Assessment for Policy (b) Consult on the draft policy

5.

Allocation of Resources (a) Prepare case for appointment Gypsy Traveller Liaison Officer

(b) Set out job description and person specification.

6.

Enforcement (a) Apply enforcement protocol for unauthorised camping. (b) Apply joint approach with police.

7.

Monitoring (a) Officer Working Group Meeting (b) Member Liaison Forum

(c) Review and update the accommodation needs assessment each year

(d) Complete bi annual Gypsy Traveller count and submit to WAG

Item No. 8 (G) (1)

Report of the Cabinet Member for Finance


COUNCIL TAX BASE CALCULATION 2009/10

Summary

Purpose: This report details the calculation of the Council Tax Base for the City and County of Swansea, its Community Councils and the Swansea Bay Port Health Authority for 2009/10. The Council is required to determine the Council Tax Bases for 2009/10 by 31 December 2008


Reason for Decision: To comply with statutory requirements.

Consultation: Legal and Finance.


1) The calculation of the Council Tax Bases for 2009/10 be approved.

2) In accordance with the Local Authorities (Calculation of Tax Base)(Wales) Regulations 1995, as amended, the amounts calculated by the City and County of Swansea Council for the Year 2009/10 shall be as set out in paragraph 4.2.

1. Council Tax Base Calculation. 1.1 The City and County of Swansea Council is required to determine the

Council Tax Base for 2009/10, based on its estimated position.

1.2 The Tax Base is used by the Council to calculate its Council Tax for 2009/10.

1.3 The South Wales Police Authority and the National Rivers Authority will be informed of the Council’s Tax Base in relation to their precepts and levies.

1.4 The Tax Base must be calculated as follows:

• take the number of dwellings for each valuation band as at 31 October 2008

• adjust for the estimated changes during the year, ie. additions, reductions ( including those for disabled adaptations), deletions and exemptions

• reduce by the number of discounts allowed

• convert each Band to a Band D equivalent by applying the relevant multiplier, eg. for Band A multiply by 6 and divide by 9

• sum the Band D equivalent for each band • multiply this by the estimated collection rate • add the Band D equivalent of exempt class O properties, ie. dwellings

owned by the Ministry of Defence The following assumption has been made –

• the collection rate will be 97.5%. 1.5 The estimated 2009/10 Council Tax Base for the whole of the City and

Swansea has been calculated as 85,727. The comparable figure for 2008/9 was 85,625.

1.6 The calculation of the Council’s Tax Base is set out in Appendix A. Percentage changes are shown in Appendix B.

2. Financial Implications. 2.1 The increased tax base will be reflected in the Revenue Support Grant

which the Council receives from the Welsh Assembly Government, so that there will in total only be a marginal net impact of increased income to the Council.

3. Legal Implications 3.1 There are no legal implications.

4. Recommendation 4.1 The calculation of the Council Tax Bases for 2009/10 be approved. 4.2 In accordance with the Local Authorities (Calculation of Tax Base) (Wales)

Regulations 1995, as amended, the calculation by the City and County of Swansea Council for the year 2009/10 shall be: • For the whole area 85,727 • For the area of Community Councils:

Bishopston 1,911 Clydach 2,515 Gorseinon 2,870 Gowerton 1,959 Grovesend 402 Ilston 319 Killay 2,086

Llangennith, Llanmadoc & Cheriton 487 Llangyfelach 943 Llanrhidian Higher 2,259 Llanrhidian Lower 302 LLwchwr 3,123 Mawr 720 Mumbles 9,531 Penllergaer 1,129 Pennard 1,455 Penrice 435 Pontardulais 2,049 Pontlliw 984 Port Eynon 393 Reynoldston 286 Rhossili 190 Upper Killay 567

• For the area of the Swansea Bay Port Health Authority 59,758

Appendix A – Council Tax Base 2009/10 – Calculation Appendix B - Council Tax Base 2009/10 - Percentage changes

Background Papers: None

Contact Officer: Derek Woolley

01792 635925 File Reference CT base 2009/10

Council Tax Base 2009/10

Appendix A

Band *A A B C D E F G H I Total

Estimated no of dwellings

15,704 26,366 21,703 14,259 11,302 7,325 3,493 1,053 479 101,684

Disabled Dwelling 32 132 -14 -4 -9 36 -54 -24 17 -40 Sub Total (1) 32 15,836 26,352 21,699 14,250 11,266 7,271 3,469 1,070 439 101,684

Discounts -4 -2,557 -3,189 -2,250 -1,308 -898 -495 -202 -83 -39 -11,025 Sub Total (2) 28 13,279 23,163 19,449 12,942 10,368 6,776 3,267 987 400 90,659

Ratio to Band D 5/9 6/9 7/9 8/9 9/9 11/9 13/9 15/9 18/9 21/9 Band D Equivalent 15 8,853 18,016 17,288 12,942 12,672 9,787 5,445 1,974 933 87,925 Estimated Collection Rate% 97.5% Sub Total 85,727 Class O - Band D Equivalent 0 Council Tax Base 2009/10 85,727

Appendix B

Council Tax Based 2009/10 - Percentage Changes

Change 2009/10 2008/9 No. % For the whole area 85,727 85,625 +102 + 0.12 Bishopston 1,911 1,940 - 29 - 1.49 Clydach 2,515 2,524 - 9 - 0.36 Gorseinon 2,870 2,845 + 25 + 0.88 Gowerton 1,959 1,959 Grovesend 402 404 - 2 - 0.50 Ilston 319 331 - 12 - 3.63 Killay 2,086 2,090 - 4 - 0.19 Llangennith, Llanmadoc and Cheriton

487 482 + 5 + 1.04

Llangyfelach 943 886 + 57 + 6.43 Llanrhidian Higher 2,259 2,250 + 9 + 0.40 Llanrhidian Lower 302 305 - 3 - 0.98 Llwchwr 3,123 3,109 + 14 + 0.45 Mawr 720 720 Mumbles 9531 9,404 + 127 + 1.35 Penllergaer 1,129 1,168 - 39 - 3.34 Pennard 1,455 1,460 - 5 - 0.34

Change 2009/10 2008/9 No. % Penrice 435 443 - 8 - 1.81 Pontarddulais 2,049 2,007 + 42 + 2.09 Pontlliw 984 1,034 - 50 - 4.84 Port Eynon 393 390 + 3 + 0.77 Reynoldston 286 285 + 1 + 0 .35 Rhossili 190 186 + 4 + 2.15 Upper Killay 567 566 + 1 + 0.18 Swansea Bay Port Health Authority

59,758 59,180

+ 578 + 0.98

Item No. 9 (1)

Report of the Chief Executive


REVIEW OF ELECTORAL ARRANGEMENTS

Summary

Purpose: To inform Council that the Local Government Boundary Commission for Wales (LGBC) have published their Draft Proposals report and to ask Council to consider the proposals in order that a response be forwarded to the Local Government Boundary Commission.

Policy Framework: None.

Reason for Decision: A response is required by 5 December 2008.

Consultation: Legal Services and Finance

Recommendation(s): It is recommended that: (1) In the interests of effective and convenient local government the Commission’s proposals are supported; (2) The suggested review of community electoral arrangements for the Communities of Killay and Pontarddulais be undertaken after the European Elections in June 2009 and in readiness for the 2010 Canvass subject to comments from existing ward Members.

1. INTRODUCTION 1.1 On the 13th September 2007 the Presiding Officer presented a report

which sought authority for a local review of Community Boundaries within the City and County of Swansea pursuant to Section 55 of the Local Government Act 1972.

1.2 It was resolved that Council authorise a review of Community

Boundaries or Community electoral arrangements within the City and County of Swansea and that a direction be sought from the Welsh Assembly Government to the Local Government Boundary Commission to undertake some or all elements of the local review.

1.3 The Local Government Boundary Commission for Wales was

directed by the Welsh Assembly Government to conduct a review of community boundaries in late December 2007.

1.4 The Commission commenced its review by asking the City and

County of Swansea to hand over all comments/proposals received that were relevant to this review. The Commission also wrote on the

9th January 2008 to the following bodies inviting initial observations by 14 March 2008: Community and Town Councils, AMs, MPs, Swansea Health Board, Local Government Association, One Voice Wales, Labour, Conservative, Plaid Cymru, Green, Cooperative, Welsh Liberal Democrats Parties, Electoral Commission, Local Government Chronicle, Principal Journal, Welsh Socialists, Welsh Liberal Party, The Association of Larger Local Councils and Public Law Group.

1.5 The Commission has now completed the first stage of their review

and produced its Draft Proposals. The Commission has invited views on the Draft Proposals by 5 December 2008.

1.6 As requested by the Commission copies of the Draft Proposals have

been placed on display at a number of libraries throughout the city including the main library at the Civic Centre. It has also been advertised on the Council Website and a copy has been placed on display at the Contact Centre in the Civic Centre, (copies have also been placed for display in Group rooms).

1.7 The Commission have also placed a Notice in the South Wales

Evening Post inviting comments on its Draft Proposals. 2. PURPOSE OF REVIEW 2.1 The purpose of the review is to consider whether, in the interests of

effective and convenient local government, the Commission should propose changes to the present community boundaries. The review is being conducted under the provisions of Section 56(1) of the Local Government Act 1972 (the Act).

2.2 This review is required so that any issues in respect of community

boundaries or community electoral arrangements are addressed before the Commission commences it’s review of electoral arrangements for every principal area in Wales which is due to commence shortly.

3. PROPOSALS

3.1 The officers have reviewed the proposals purely from the electoral services viewpoint as to the best arrangements for electors and from the LGBC’s perspective “In the interests of effective and convenient local government”. The comments below on each proposal are therefore put forward on that basis.

3.2 Llangyfelach and Pontlliw and Tircoed

This suggestion is a realignment so as to include within Pontlliw and Tircoed those areas of Tircoed Village currently in the Community of Llangyfelach.

It is suggested that this proposal be supported in the interests of effective and convenient local government.

3.3 Llangyfelach and Mynyddbach

This suggestion is to address the anomaly concerning the Bryn Hedydd estate. Currently nos. 1-35, 6-12 and 28-38 falls within the Mynyddbach Community, Mynyddbach Electoral Division, whereas nos. 2-4 and 14-26 falls within the Llangyfelach Community, Llangyfelach Electoral Division.

In the interests of effective and convenient local government, it is suggested that this proposal be supported, together with the suggestion to retain nos. 1111, 111B, Brynglas and 1115 Llangyfelach Road within the Mynyddbach Community, Mynyddbach Electoral Division.

3.4 Cockett and Townhill

This suggestion is to address the anomaly concerning the boundary at Cockett and Townhill which currently leaves half of the Webborn Way Business area in the Cockett Community, Cockett Electoral Division and the other half in the Townhill Community, Townhill Electoral Division.

In the interests of effective and convenient local government, it is suggested that this proposal be supported which will result in all of Webborn Way, Meadow Street and Nos. 91-115 Heol-Y-Gors, Townhill falling within the Cockett Community, Cockett Electoral Division.

3.5 Cockett and Penderry

A suggestion to address the anomaly involving the new housing estate that exists opposite Fforestfach Retail Park. At present Nos. 1-3 and 4-20 Heol Iscoed fall within the Penderry Community, Penderry Electoral Division and 5-63 and 22-32 falls within the Cockett Community, Cockett Electoral Division, also Llwyn Teg which is also part of this estate falls within the Penderry Community, Penderry Electoral Division.

It is suggested that the proposal to bring the whole of this housing estate within the Cockett Community, Cockett Electoral Division be supported which would also result in bringing the whole of the Fforestfach Retail park into this Community/Division as well.

The second area that was looked at concerning these two electoral divisions was the housing estate that includes Beaufort Court, Richmond Way, Cranmer Court, Chantry Court and part of the Courtlands Way. Currently Nos. 1-25 and 2-18 Courtlands Way, which falls within the Cockett Community, Cockett Electoral Division and nos. 27-71 fall within the Penderry Community, Penderry Electoral Division.

In the interests of effective and convenient local government, it is suggested that the proposal to bring the whole of this housing estate within the Cockett Community, Cockett Electoral Division be supported.

3.6 Landore and Morriston

This suggestion is to address the anomaly that exists involving the Plasmarl Industrial Estate. Currently parts of this industrial estate fall within the Morriston Community, Morriston Electoral Division and part within the Landore Community, Landore Electoral Division.

In the interests of effective and convenient local government, it is suggested that the proposal be supported so that the whole of the Plasmarl Industrial Estate falls within the Morriston Community, Morriston Electoral Division.

3.7 Bonymaen and Llansamlet

This suggestion is to clarify the boundary, which at present is not clear, that exists involving the boundary that affects the Llansamlet and Winch Wen Industrial Estates.

In the interest of effective and convenient local government, it is suggested that the proposal be supported so that the whole of the two industrial estates fall within the Llansamlet Community, Llansamlet Electoral Division.

3.8 Penllergaer and Llwchwr

This suggestion is to re-align the boundary so that the area surrounding Garngoch Hospital falls within the Penllergaer Community, Penllergaer Electoral Division.

In the interest of effective and convenient local government, it is suggested that this proposal be supported to provide a more meaningful and recognisable boundary.

3.9 Birchgrove and Clydach

This suggestion is to address the boundary that exists at Glais which currently splits the village into two electoral divisions, namely Clydach and Birchgrove.

In the interest of effective and convenient local government, it is suggested that the proposal be supported to bring the whole of the Glais village into the Birchgrove Community, Llansamlet Electoral Division.

3.10 Dunvant and Upper Killay

This suggestion is to re-designate three properties at the end of the Ddol Path which currently fall within Fairwood Community, Fairwood Electoral Division.

In the interest of effective and convenient local government, it is suggested that this proposal be supported to bring these three properties into the Dunvant Community, Dunvant Electoral Division.

3.11 Clydach and Morriston

This suggestion is to address the boundary in the Caemawr area of Clydach. This suggestion will transfer nos. 791-811 Clydach Road, all of Western Road, Ramsden Road and Heol Dywyll into Clydach Community, Clydach Electoral Division.

There are no strong views on this proposal. It has merits for and against.

3.12 Llangyfelach and Morriston

This suggestion is to address the boundary at Pant Lasau – to the North of Morriston Hospital. This suggestion will transfer properties to North of Pant Lasau Road and Mynydd Gelli Wastad Road from the Morriston Community, Morriston Electoral Division into Llangyfelach Community, Llangyfelach Electoral Division. This proposal is worthy of consideration but the Commission may wish to consider transferring the properties to the neighbouring Mawr Electoral Division.

3.13 Castle and Townhill

This suggestion is to address the boundary that exists at the boundary between Castle and Townhill. This suggestion will bring all of Nicander Place into the Townhill Community, Townhill Electoral Division.

In the interest of effective and convenient local government, it is suggested that this proposal be supported .

3.14 Cwmbwrla and Penderry

This suggestion is to realign the boundary that exists between the Cwmbwrla and Penderry Electoral Divisions. The proposal will bring nos. 42-84 and 3-51 Brenig Road into the Penderry Community, Penderry Electoral Division.

In the interest of effective and convenient local government, it is suggested that this proposal be supported.

3.15 Gorseinon and Grovesend and Waungron

This proposal is to address the boundary that exists between Gorseinon Town Council and Grovesend and Waungron Community Council, which involves 4 properties and not three properties as stated in the Commission’s Draft Proposals. If the boundary is re-aligned it will mean that 1 and 2 Gorsfawr Farm, Bryncar and Rhos Cottage, Gorsfawr will transfer into Community of Grovesend and Waungron, Penyrheol Electoral Division.


3.16 Gorseinon and Llwchwr

This proposal is to realign the boundary that exists between Llwchwr Town Council and Gorseinon Town Council where currently the roads Clos Y Nant and Heol Pant Y Dwr and Heol Pen Y Cae are split over both Town Councils and hence split between the Upper Loughor and Penyrheol Electoral Divisions, however it is noted that all these properties have been incorrectly registered on the electoral register under Penyrheol Electoral Division since they were built.


3.17 Gorseinon and Llwchwr

This proposal is to realign the boundary that exists between Gorseinon and Llwchwr Town Councils which will bring the Mardy and Kingsbridge Business Park into Llwchwr Town Council (Garden Village Ward) (Kingsbridge Electoral Division).


3.18 Gorseinon and Penllergaer

This suggestion is to address a minor anomaly involving an existing boundary which divides a building belonging to a property at the end of Windsor Terrace, Gorseinon, between Gorseinon Town Council, Gorseinon East Ward and Penllergaer Community Council,


4. ACTIONS TO BE CARRIED OUT BY THE CITY AND COUNTY OF

SWANSEA

4.1 Killay Community Council requested that the Commission look at merging the existing three wards of the Community Council, namely North, South and West to be replaced with two wards named North and South to mirror the County Electoral Divisions for the Community. The Commission on considering this proposal have stated that they are unable to carry out this request as part of this review, however a review of the community electoral arrangements may be carried out by the principal council of the area under Section 57 (4) of the Act, hence it is suggested that this review commence immediately after the European Elections which are taking place on June 4th 2009.

4.2 Pontarddulais Town Council submitted a proposal that the whole of Glynllwchwr Road and Coedbach be transferred in to the Dulais West Ward and that Upper Mill, which is currently divided between three community wards should be included wholly within the boundary of the same community ward. The Commission stated that they are unable to carry out this request as part of this review. However, a review of community electoral arrangements may be carried out by the principal council of the area under Section 57 (4) of the Act, hence it is suggested that this review commence immediately after the European Elections which are taking place on June 4th 2009.

4.3 This review will be conducted in accordance with Section 60 of the

Local Government Act 1972. This Section states that in conducting any such review the council will consult the council of any local government area affected by the review, and such other local authorities and public bodies as appear to them to be concerned.

5. CONSEQUENTIAL ARRANGEMENTS

Changes to the electoral divisions as a consequence of the community boundary changes are considered under section 6 of the Commission’s report. If the proposals go through and are accepted by the Welsh Assembly, then these consequential changes to the electoral division boundaries will be included in the same Order as the community boundary changes and will come into effect at the same time.

6. LEGAL IMPLICATIONS

None

7. FINANCIAL IMPLICATIONS

Additional costs in printing new boundary maps and postage in respect of informing the appropriate electorate are expected to run to approx £750.00. This will be accommodated within existing Electoral Services resources by curtailing expenditure elsewhere.

8. RECOMMENDATION

Council agrees to support the proposals and a letter confirming this support be sent to the Boundary Commission for Wales.

Background papers:

Maps – Reference:- Appendix E- Llangyfelach and Pontlliw and Tircoed Appendix F- Llangyfelach and Mynyddbach Appendix G –Cockett and Townhill Appendix H – Cockett and Penderry Appendix I – Cockett and Penderry Appendix J – Landore and Morriston Appendix K – Bonymaen and Llansamlet Appendix L – Penllergaer and Llwchwr Appendix 0 – Birchgrove and Clydach Appendix P – Dunvant and Upper Killay Appendix R – Clydach Community – Caemawr and Pen-Yr Rhedyn Appendix S – Llangyfelach and Morriston Appendix U – Townhill and Castle Appendix V – Cwmbwrla and Penderry Appendix W – Gorseinon and Grovesend and Waungron Appendix X – Gorseinon and Llwchwr Appendix AB – Gorseinon and Llwchwr Appendix AC – Gorseinon and Penllergaer Contact Officer: Stephen H. Rogers

01792 636607 27.11.2008 Legal Officer: David Daycock Z: Word /Committee /Reports/Council/04 Dec 08

Item No. 10 (1)

Joint Report of the Presiding Officer and Monitoring Officer and Head of Legal & Democratic Services


AMENDMENTS TO THE COUNCIL CONSTITUTION

Summary

Purpose: To report back on amendments to the Council Constitution. Policy Framework: None. Reason for Decision: To adopt and note amendments to the Council Constitution. Consultation: Legal, Finance & Presiding Officer Recommendation(s): It is recommended that: 1)

The amendment to the Council Constitution listed in paragraph 2 be adopted following the closure of this meeting;

1. Introduction 1.1 In compliance with the Local Government Act 2000, the City and County of

Swansea adopted a Council Constitution. A number of issues have arisen since its operation and in order to maintain the aims, principles and procedures set out in Articles 1 and 15 of the Council Constitution the following substantive matters are recommended for amendment and noting.

2. Amendments to the Council Constitution 2.1 The amendments to the Council Constitution which require a resolution of

Council in order to allow their formal adoption are listed below: 2.2 Gower Countryside Forum-page 130 Amended Terms of Reference for the Group are attached

These have been discussed by Members of the Forum. Also attached for completeness are the Terms of Reference for the Sustainable Development Panel which is a subgroup of the Forum.

3. Recommend that: 3.1 The amendments to the Council Constitution listed in paragraphs 2 be

adopted following the closure of this meeting. Background papers: None Contact: Gareth Borsden Legal Officer: Chris James

01792 636824 - 24th November 2008

GOWER COUNTRYSIDE FORUM TERMS OF REFERENCE

1. The Consultative Forum for the Gower Area of Outstanding Natural Beauty

and Heritage Coast will be known as the Gower Countryside Forum (referred to in the following as the Forum). It will be convened by the Council.

2. The Forum will be an advisory group, providing an opportunity for an

exchange of views and for making recommendations regarding new initiatives. 3. The Chair will be the appointed by the Council. A Vice-Chairman shall be

elected for one year from the representatives present at the April meeting or if there is not a meeting in April the next one in the year.

4. The Forum will consist of representatives of the local authority, relevant

statutory bodies, agricultural and common land interests, the local community, nature conservation, tourism, heritage and access interests.

5. The Forum will have the authority to co-opt other organisations and agencies,

on an ad-hoc basis when specific issues arise. 6. Where necessary, the Forum will make collective representations when issues

affect AONBs and Heritage Coasts generally. 7. Necessary work will be carried out by the agency responsible in liaison with

the AONB team in the City & County of Swansea’s Environment Department’s Planning Services division.

8. The AONB team will produce regular reports for the Forum. 9. The Forum will meet at least four times per year. Additional meetings can

be called if necessary by common agreement, should a need arise. 10. The Forum will be supported by Officers from the main statutory and public

interest bodies which will be called and serviced by the AONB team. 11. The Forum will be serviced by the Democratic Services section of the City

& County of Swansea Council. 12. Minutes of the meetings will be made available to constituent organisations

and reported to the next meeting. 13. The Forum will be the parent body for the Sustainable Development Fund

(SDF) Panel(Terms of Reference attached) which will have delegated powers to determine applications to the Fund. Applicants who are dissatisfied with the decision of the Panel will have a right of appeal to the Gower Countryside Forum. An extraordinary meeting of the Forum shall be convened if a decision is required urgently. The applicant will have the right to present his grounds of appeal at the Forum meeting. Any members of the Panel, who were present at the Panel meeting, including the Chairman, will be asked to leave the Forum meeting while the appeal is considered. The decision of the Forum shall be final.

GOWER COUNTRYSIDE FORUM SUSTAINABLE DEVELOPMENT FUND PANEL

TERMS OF REFERENCE

1. OBJECTIVES (a) The purpose of the Panel is to decide upon applications for grants of over £3,000

to the Welsh Assembly Government (WAG) Sustainable Development Fund, for the Gower Area of Outstanding Natural Beauty and in accordance with the guidelines established by the Countryside Council for Wales on behalf of Wales Assembly Government.

2. MEETINGS (a) Meetings will be at least quarterly, providing there is sufficient business.

Additional meetings will be convened if required. (b) The Panel is a sub-group of the Gower Countryside Forum, and has executive

powers. The minutes of the meeting shall be reported to the next meeting of the Gower Countryside Forum for information.

(c) The order of business at each meeting shall be as follows:

• to receive any apologies for absence. • receive disclosures of interest. • confirm and sign the Minutes of the last Meeting. • dispose of business (if any) remaining from the previous meeting. • report on progress of approved schemes • consider applications for grants. • receive reports on grant applications of £3,000 and under determined by the

City and County of Swansea and Countryside Council for Wales nominated officers.

• any other business. (d) The Chairman of the Panel will be the Chairman of the Gower Countryside

Forum. The Panel will also elect a Vice-Chairman, and subsequent ones as the need arises. In the absence of both, those Panel members present will choose a Chairman for the meeting.

(e) Nominations to the Panel will be considered annually by the Panel and by March

prior to the forthcoming financial year and will be based on the thirds principle: - public: private: voluntary sector. If the number of nominations exceeds the number of vacancies then the Gower Countryside Forum as the parent body shall decide who sits on the Panel.

(f) Panel members may nominate a named deputy and the Council’s Committee

Clerk shall be informed when the Panel member is chosen. (g) The quorum for a Panel meeting shall be three. If at any time the number of

members present falls below this the meeting shall be adjourned.

(h) An officer of the City and County of Swansea shall keep a record of attendance for each meeting.

(i) Minutes of each meeting shall be kept and circulated to Panel members as soon

as possible after each meeting. (j) Decisions by the Panel shall be made by show of hands with the Chairman

having the casting vote. (k) If members of the Panel have any direct and significant involvement with a

proposed project being considered, then they should declare this at the appropriate point on the agenda, and revoke their voting rights for any vote on that project

(l) All decisions shall be communicated to applicants within seven working days of

the Panel meeting, giving the reasons for the decision. (m) Applicants who are dissatisfied with the decision of the Panel will have a right of

appeal to the Gower Countryside Forum. This must registered with the SDF Officer stating the reasons for appeal and must be sent within 28 days of the decision. The SDF officer will arrange for it to be placed on the agenda of the next Gower Countryside Forum. An extraordinary meeting of the Forum shall be convened if a decision is required urgently. The applicant will have the right to present his grounds of appeal at the Forum meeting. Any members of the Panel, who were present at the Panel meeting, including the Chairman, will be asked to leave the Forum meeting while the appeal is considered. The decision of the Forum shall be final and shall over rule the original Panel decision should it be changed as a result.

Item No. 11 (A)

Report of the Head of Communications


REVIEW OF POPULATION ESTIMATES AND THE CENSUS Summary: This report informs Council of the findings, conclusions and recommendations resulting from a recent review and the outcome following its submission to Cabinet for decision. FOR INFORMATION 1. INTRODUCTION 1.1 Council is provided with final reports produced by the Overview / Scrutiny

Boards following in-depth reviews, for information. 1.2 This covering report provides Council with a copy of the Overview / Scrutiny

Board’s report and informs Council of the Cabinet decision in respect of the recommendations made by the Board.

2. OVERVIEW / SCRUTINY BOARD REPORT 2.1 The former Community Leadership Scrutiny Board completed its ‘Review of the

Population Estimates and the Census’ at the end of the previous municipal year and produced a report of the findings, conclusions and recommendations resulting from this work.

2.2 The Board’s report was presented to Cabinet on 30th October 2008 for decision. 2.3 The full report of the Community Leadership Scrutiny Board is attached

as Appendix A. 3. CABINET MEMBER RESPONSE 3.1 At the same time as an Overview / Scrutiny Board report is presented to

Cabinet, the relevant Cabinet Member is required to present a response to the recommendations made by the Board.

3.2 Cabinet takes into consideration both the Board’s report and the Cabinet

Member’s response before making a decision on the recommendations. 3.3 The Cabinet Member’s response that was provided to Cabinet on 30th

October is attached as Appendix B.

4. CABINET DECISION 4.1 The recommendations were approved by Cabinet in line with the Cabinet

Member for Business Improvement & Efficiency’s response as outlined in her report.

5. FOLLOW UP 5.1 The Finance, Audit & Business Improvement Overview Board will be following

up the Cabinet decision and progress with the implementation of the agreed recommendations.

5.2 In accordance with the Council Constitution the Board is entitled to an action

plan from the Cabinet Member within 2 months of the Cabinet decision. 5.3 The Board will also schedule a review of progress and require a report back

after a period of 6 months from decision to measure the implementation against the action plan, and impact of its work.

FOR INFORMATION Background Papers: None Contact Officer: Brij Madahar, Overview and Scrutiny Coordinator

637257 Date: 24th November 2008

APPENDIX A

City and County of Swansea

‘Everybody Counts!’ A Review of Population Estimates

and the Census

SWANSEA’S POPULATION: IMPACT OF THE 2001 CENSUS

Community Leadership Scrutiny Board

March 2008

220.0

222.0

224.0

226.0

228.0

230.0

232.0

234.0

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005

Year

Popu

latio

n ('0

00s)

pre-2001 Census MidYear Estimates

Currrent MYE series,1991-2005 2001

Census

230,300

223,500

APPENDIX A

Why This Matters Cllr Tony Lloyd (Chair)

Cllr Ceinwen Thomas (Vice Chair)

The Board considered an overview presentation on 2001 Census issues, resultant population estimates and preparations for the 2011 Census and was struck by the significant impact population estimates had on the Council’s funding. It has been estimated that the Authority could lose up to £¾ million of funding per year per 1000 population not identified based on Census figures. The Board wanted to further explore proposals for the remedy of deficiencies identified in connection with the 2001 Census, Council engagement in preparations for 2011 Census and opportunities for the generation of improved local population estimates to assist Council decision-making, service planning and funding bids. The Board felt that by undertaking a review of this topic it could make a positive contribution to improving local population estimates and ensuring that an undercount of Swansea’s population does not occur in the 2011 Census and adversely affect Revenue Support Grant funding that Swansea receives from the government and therefore service delivery. By doing this work the Board aimed to improve the accuracy of local population information available to the Council for strategic planning / service delivery, bidding and funding purposes; develop enhanced local population counts; and help facilitate the generation of property and population information that could be supplied to Office for National Statistics (ONS) to aid the effectiveness of the Census. The local population counts would also give the Council an empirical base to challenge any undercount that might appear in the 2011 Census. We would like to thank the Members of the Board, those that gave evidence and the support staff for their participation and assistance in the Review.

APPENDIX A

Summary

1. Aims of the Review 1.1 The aim of this review was to deliver improved local population

estimates and more accurate findings from the 2011 Census. 2. Evidence Considered 2.1 Overview Presentation (The Census, Population Estimates and Local

Authority Funding) and Further Evidence from the Council’s Research & Information Manager.

2.2 Evidence from Office for National Statistics (ONS). 2.3 Corporate Working Session – Evidence from Directors / Heads of

Service / Service Managers. 2.4 Evidence from the Head of Information and Customer Services 2.5 Community Session – Evidence from Community Representatives. 2.6 Research – How other Local Authorities are tackling the problem of

inaccurate population estimates and other initiatives. 3. Conclusions 3.1 The Census is the most comprehensive single and important survey of

the UK’s population, accuracy of which is critical to the planning, development and delivery of local services, resource allocation and decision making.

3.2 There are significant financial implications of miscounts in population to Local Authority funding and therefore service planning and delivery.

3.3 The City and County of Swansea has been pro-active in recognising the problems of inaccurate population estimates and it is notable that Swansea, in comparison with other Authorities, is well engaged in the search for solutions.

3.4 The ability to develop an accurate local population count is dependent on information sharing both within the Authority and between the Council and external organisations.

3.5 The engagement of communities is crucial to the achievement of accurate population counts and evidence suggests that knowledge and awareness of the purpose of the Census and population counts is mixed and that negative perceptions exist.

3.6 It is encouraging that the Office for National Statistics intends to liaise and engage more closely with Local Authorities for the 2011 Census and there will be clear benefits from closer working.

4. Recommendations

The Board recommends that Cabinet:

APPENDIX A

4.1 consider the costs and benefits of:

(a) pursuing the development of the Authority’s own independent City and County wide local population and household estimates and property list information (with the support of Corporate Management and Service Units, using all available datasets within and accessible to the Council) through the Local Land & Property Gazetteer building on the pilot work carried out by the Research & Information Manager, in order to:

- assist in the compilation of property lists for Census enumerators and provide a guide to household numbers - assist ONS in planning for the 2011 Census and avoid any possible undercount of the area’s population - provide the Council with a source against which to check and challenge (if need be) the accuracy of Census and intervening Government Mid Year population estimates - support Council service planning, the development of Customer Relationship Management systems, resource allocation and decision- making

(b) utilising the annual electoral register canvass for wider purposes to support the calculation of a local population count.

(c) a sustained educational and promotional campaign of publicity, advertising and targeted awareness-raising (e.g. press releases, road shows) in the run up to the 2011 Census to explain the purpose of the Census and help improve participation and ensure the maximum level of returns.

(d) the introduction of Census education in schools through regular events / workshops for longer term benefit.

(e) working with ONS to employ the methods for community engagement described in this report particularly the engagement of local leaders and representatives within communities, voluntary groups and outreach workers (with appropriate training) to act as Census champions, using existing community events to generate interest, and the use of the local knowledge of Councillors.

4.2 explore the potential for sharing population and address data with

outside agencies through engagement (including Data Protection Act implications) to assist the calculation of local population estimates.

4.3 undertake pro-active engagement with ONS in the preparation and delivery of the 2011 Census, on all aspects from consultations and preparation of property lists through to the recruitment of enumerators and the return of forms, and agrees a liaison strategy with ONS with clear lines of demarcation to overcome enumeration problems associated with the 2001 Census.

APPENDIX A

4.4 nominate a Census Liaison Officer within the Council to liaise with ONS and co-ordinate related activities, support and information dissemination within the Council.

4.5 develop a formal Council Strategy for involvement in and the delivery of information from the 2011 Census

4.6 advise ONS:

(a) that the hand delivery and collection of Census forms should be undertaken or the savings generated from post out should be redirected to publicity and follow up.

(b) that it should utilise the expertise and local knowledge of those involved in the electoral register canvass as Census enumerators.

4.7 designate the Council’s Contact Centre a first stop for Census advice,

and assistance with the completion of forms, to help improve the response level.

1. Aims of the Review 1.1 The primary reason for the review was to improve local population

estimates and ensure that an undercount of Swansea’s population does not occur in the 2011 Census and adversely affect Revenue Support Grant funding.

1.2 The following aim for the review was agreed:

To deliver improved local population estimates and more accurate findings from 2011 Census.

1.3 The review also had the following objectives:

• To improve the accuracy of local population information available to the Council for service planning, bidding and funding purposes.

• To evaluate the benefits of local population counts • To identify opportunities for the Council to engage with ONS in

preparations for the 2011 Census with a view to delivering more reliable information.

2. Evidence Considered

Date

Activity

25th October 2006

–

14th February 2007

–

• Overview Presentation from the Council’s Research & Information Manager – The Census, Population Estimates and Local Authority Funding

Mar – Apr 2007 – • Scoping the Review

APPENDIX A

6th June 2007 – • Board agrees work programme for

municipal year and confirms that review will proceed

4th July 2007 – • Presentation from Office for National

Statistics

1st August 2007 – • Corporate Working Session

29th August 2007

– • Further Corporate Working Session • Presentation from the Head of Information

and Customer Services • Further Evidence from the Research &

Information Manager

31st October 2007

– • Community Session

21st November 2007

– • Further Community Session • Review of Evidence Gathered

9th January 2008 (Task & Finish Group)

• Update on recent developments from the Research and Information Manager

• Consultation responses received from organisations working with older people and carers

• Findings from research into how other Local Authorities are tackling the problem of inaccurate population estimates

• Analysis of Evidence Gathered • Consideration of Conclusions /

Recommendations

30th January 2008 – • Report back from Task & Finish Group / Discussion of Conclusions and Possible Recommendations

26th March 2008 – • Final Report Agreed

3. Conclusions 3.1 The Census is the most comprehensive single and important

survey of the UK’s population, accuracy of which is critical to the planning, development and delivery of local services, resource allocation and decision making.

APPENDIX A

3.1.1 The Census, first held in 1801, is the definitive source of population and household information and plays a major role in the allocation of resources. The Census is held every 10 years and covers the whole of the UK. It is carried out by Office for National Statistics (ONS) through a household survey. Completion of the survey is compulsory – the fine for failure to complete in 2001 was up to £1,000.

3.1.2 Reliable and up to date population data is essential for service

planning, resource allocation and decision making purposes. 3.1.3 Central Government uses the Census:

• To monitor changes in society and local areas • To identify problems • To allocate and target resources • To support bids for funding • To plan for housing, education, and transport etc. • To monitor and review the impact of plans and policies • To inform decision-making

3.1.4 The Council plans and targets its local services and make extensive use of Census information for a variety of means:

• Service delivery planning • Population and household projections • Calculating the scale of future housing needs • Local education needs - such as where to site new schools • Local transport planning and traffic modelling; • Preparation of Local Authority Development Plans • Community support services, including the delivery of home help

and home care. • Profiling wards and other small areas, e.g. Communities First

Areas, localities • Preparing funding bid submissions • To check Standard Spending Assessments for Revenue Support

Grant e.g.

- dependent children in households with head in low occupational classification

- usual residents of pensionable age with a limiting long term illness

- single pensioners living in households - dependent children in lone adult households - under-18 population living in wards with a higher population

density than the Welsh average - dependent children in social rented housing - dependent children in overcrowded housing - households (where head is aged 18-64) with no carer - persons 18-64 in non-white ethnic groups

APPENDIX A

- population by age group - population in areas of multiple deprivation

• Calculating performance indicators and benchmarking • Developing corporate strategies and plans e.g. Equal Opportunities

Policy, Housing Need Assessments

3.1.5 The Census is clearly beneficial to any organisation providing services to help them to make effective use of resources to meet the needs of local people.

3.2 There are significant financial implications of miscounts in population to Local Authority funding and therefore service planning and delivery.

3.2.1 The Government allocate about £60bn a year to Local Authorities and

the allocation formula takes account of the demand for services and is heavily dependent on population estimates, numbers of elderly, numbers of children, etc. from the decennial Census. Census data plays a key role in the calculation of the Council’s Revenue Support Grant. The Board heard that ONS had worked the Local Government Funding Team in the Department for Communities and Local Government to quantify the potential impact of errors in population estimates across all Local Authorities by calculating the impact of an error of 1,000 people in each local authority’s population estimate. As a very broad generalisation, an error of this magnitude resulted in a misallocation of around £500,000 per local authority per year.

3.2.2 At a further evidence session the Council’s Head of Financial Services

outlined to the Board that approximately 80% of grant funding was based on population and that it would not be an exaggeration to say that the effect of miscounts of 1000 in population can mean a loss of around £¾ million to the Authority in funding each year based on the Census figures. The actual amount of potential Revenue Support Grant loss will depend on who was ‘missed out’. The Board was informed of the sub division of funding per person that relates to certain age groups and the obvious financial implications of not gathering the correct figures. As an illustration, the actual range of could be anything from £200,000 (1000 under 2’s x £200) to nearly £2 million (1000 over 85’s x £1,900).

3.2.3 The Authority needs to ensure that the 2011 Census figures are as

accurate as possible in order that the Authority secures the correct funding from Central Government and Welsh Assembly in order to plan for service delivery.

3.2.4 The 2001 Census population count for Swansea is considered to be

flawed for various reasons including issues with the survey, community engagement and awareness, post back, and coverage. The 2001 Census resulted in a reduction in population figures by 7,000 (from

APPENDIX A

230,300 to 223,500) and meant the subsequent loss of money received via Standard Spending Assessment and Revenue Support Grant from the Central Government. The Board was advised that the loss attributable to the 7,000 population reduction was £1.1 million in 2003/04 and £1.2 million in 2004/05 – a significant loss. The Council had no empirical evidence to challenge the loss at the time.

3.2.5 Many other Authorities also experienced a downward revision in their

estimated population as a result of the publication of results from the 2001 Census, including Manchester, Westminster and Cardiff. Revisions that many Authorities have considered to be at odds with a growing demand on local services. The revisions have had a detrimental impact on their finances and services and have led a number of Local Authorities to challenge to the Census statistics. Successful challenges made by Local Authorities have relied mainly on local property registers and population counts. More recent challenges, arising in connection with subsequent Mid Year Estimates, have come from Local Authorities such as Slough which has experienced a major influx of Eastern European migrants.

3.3 The City and County of Swansea has been pro-active in

recognising the problems of inaccurate population estimates and it is notable that Swansea, in comparison with other Authorities, is well engaged in the search for solutions.

3.3.1 Given the significant implications of the Census’ population estimates

on Revenue Support Grant funding, and planning the delivery of services, the Council’s Research & Information Team have been exploring alternative options for the generation of accurate local population estimates. The Board were informed of a local population count pilot scheme that had been developed by joining up information already held by the Authority in different service areas. The resultant population count would give the Authority, amongst other things, an empirical basis to challenge, where appropriate, official Census figures and Mid Year Estimates. The thinking within the Authority is well developed and appears to be ahead of others and this is to be applauded. Whilst issues in relation to population are not unique to Swansea, there is little evidence of such work going on in other Authorities. Research does suggest that there is a growing weight of opinion that current population estimates are not fit for purpose, particularly for Authorities experiencing significant levels of migration, and that the use of (and sharing of) local data is necessary.

3.3.2 Swansea now has a Local Land and Property Gazetteer (LLPG), which

was developed post 2001. It is the single most accurate source of property and address data, providing a comprehensive listing of all residential properties and communal establishments for the City and County and could be used to generate target lists for Census Enumerators in 2011 and assist ONS in preparation for the 2011 Census. Linked to other Council data sources such as the Electoral

APPENDIX A

Register and Education records it could also be used to generate ‘local population counts’.

3.3.3 The development of a local population and household estimate could

assist ONS in the delivery of the 2011 Census and will:

• Support corporate service planning, resource allocation and decision-making – based on existing databases / information within and accessible to the Council

• Improve the quality and accuracy of the 2011 Census and minimise the dangers of potential undercounts

• Provide a sound basis for judging the accuracy of, and challenging where necessary, population statistics used in the allocation of Central Government funding and decision-making.

• Enable the Authority to quality assure address lists

3.3.4 Successful challenges to official statistics have been based on a variety of information:

• Local Authority Property Registers • Local Authority Population Estimates • Electoral Roll records • New Homes built • Extra student places • Net gains in jobs • Local Authority Housing Stock figures • NHS Patient Registers (National Health Service Administrative

Register Data) 3.3.5 For the purposes of demonstrating the practicality of generating local

population counts from existing datasets, the model had been applied to three distinct electoral division test areas: Newton (with a stable population area), Landore (with a high proportion of ethnic minority group representation) and Uplands (with its student and transient professional populations). The Research and Information Manager demonstrated to the Board the results of the Local Population Count Pilot used in these 3 electoral divisions. The estimates based on the Local Land and Property Gazetteer were constructed using data from the Electoral Register, SIMS pupil database, Higher Education student database, and live births. Whilst the results aligned closely with the Census for Newton and Landore (prior to the consideration of Housing benefits data) the count in Uplands pointed to the presence of an additional 1,198 people - 9% above the 2001 Census figure.

3.3.6 The tests demonstrated the practicality of linking the primary datasets

via LLPG and the potential reliability of the results. It was evident that the pilot model for delivery of local population counts works and is potentially promising as an accurate tool, and would benefit from further refinement.

APPENDIX A

3.3.7 There are many examples of the possible corporate use of population counts and the underlying database including: • Monitoring and projecting local demographic change • Preparing area profiles • Informing service planning / assess performance • Developing local housing, transport and education strategies • Bidding for resources • Supporting the development of Council Customer Relationship

Management (CRM) systems 3.3.8 There are also benefits of linking the population count database to the

Council’s Geographic Information System (GIS). This could enable (subject to the imposition of appropriate restrictions on access) the selection and viewing of household data from an interactive map base – by a simple click on the property. Area boundaries could also be superimposed on the interactive plan to quickly retrieve small area population counts, generate mailing lists, and assemble summary resident population and household details – the latter of which could be used to provide considerably enhanced information support for emergency services.

3.3.9 Board Members commented on the opportunity for Swansea to be the

first Local Authority to introduce a local population count but acknowledged that the Authority would need to investigate the resources that would be required to develop the business case and deliver a full and robust local population count, and keep it maintained as a living system. The expertise already exists within the Council’s Research and Information Team to take this forward and the Board considers the development of such a system a corporate priority, and fully supports their efforts. In time such a system may make the decennial Census, and the huge cost associated with this survey, unnecessary. A failure to invest could result in the repetition of the Council’s 2001 Census experience, loss of funding and an inaccurate population base on which to plan and deliver services.

3.4 The ability to develop an accurate local population count is

dependent on information sharing both within the Authority and between the Council and external organisations.

3.4.1 As has been described earlier, much of the data needed to construct

reliable local population estimates already exists through a wide range of databases within or accessible to the Council. There are opportunities for delivering population counts from existing data sources, as a check / alternative to the Census and Mid Year Estimates and to help ensure that the appropriate level of Government funding is awarded to the City and County of Swansea.

APPENDIX A

3.4.2 The sources of population information that could be used to check and challenge Census figures and Government Mid Year Estimates include the Electoral Register, Births and Deaths (from Registrar), Higher Education Students, the School Pupil database and GP Patient Registers. However the ability to produce accurate and reliable information locally is dependant on a commitment to information sharing both within the Authority and from external organisations.

3.4.3 It is particularly the case that closer and joint working across the

Authority is necessary for the successful development of the local population count model. The Board wants to see the use of Council databases to ensure all residential properties receive 2011 Census forms and the production of accurate population counts. It was noted that successful challenges to underestimated Census were made by Local Authorities with developed property record and integrated information systems.

3.4.4 With regard to internal information the Authority held information across

its departments and the careful use of information from Registrars, Electoral Registers, Schools, Council Tax, and Housing Benefit etc. would enable the development of a local population count. The Board acknowledged that some sharing of information already exists. It was acknowledged that there were limitations to some of this data, for example the Electoral Register will not include foreign nationals, those registered elsewhere or below voting age etc. unless consideration is given to utilising the annual electoral register canvass for wider purposes to support the calculation of a local population count. The Board supported the establishment of a ‘citizen’s register’. The use of existing information and any link with such a register would have to be legally assessed prior to use to ensure, for example, that there was appropriate consent to use that information for such a purpose.

3.4.5 Local population counts and the underlying database would be of great

value to many external bodies/partners, for example: • Police – preparation of crime statistics, criminal investigations,

person tracking • Fire Service – emergency incident planning and management • Other Central Government Departments – wide ranging possibilities

from statistical use through to fraud investigation • ONS – assisting in the identification of properties and households

for enumeration of the 2011 Census. 3.4.6 The Authority will need to explore the possibility of information sharing

with other agencies (overcoming any barriers) and the value of the data towards the achievement of a local population count, for example with the Local Health Board, Higher Education institutions, Police, Government Agencies, Job Centre, and others who hold resident data. Particular problems were acknowledged with enumeration of the often highly mobile student population.

APPENDIX A

3.5 The engagement of communities is crucial to the achievement of accurate population counts and evidence suggests that knowledge and awareness of the purpose of the Census and population counts is mixed and that negative perceptions exist.

3.5.1 The achievement of accurate population counts is dependant on

participation of everybody in the process and it was acknowledged that there were sections of the community, who for various reasons, Census forms may either not reach or be returned by. There is a commonly held view that that the current level of UK population is much higher than officially recorded.

3.5.2 There is a particular need to engage with and ensure that the 2011

Census accurately captures ethnic minority communities and other traditionally hard to reach groups. It is widely accepted that the level of migrant population is not always accurately reflected in official statistics, not least as a result of the difficulties in tracking and enumerating ‘new’ European Union (EU) citizens.

3.5.3 The Board engaged with community groups representing relevant

ethnic and faith communities in this study to raise awareness, gather views and experiences, identify issues or thoughts on any weaknesses of the 2001 Census and invite suggestions as to how a better response might be generated in the 2011 Census, given their local knowledge and reach to communities. The Board also had the opportunity to test the effectiveness of ONS’s community liaison to date. The community representatives outlined ways in which they access and use Census data and the importance of accurate data for their own organisations. They then outlined potential ideas for promoting and educating the communities they represent about the importance of the completion of the Census forms and ways in which assistance that some may require can be provided.

3.5.4 The Board heard many good points from the community

representatives that gave evidence in respect of Census awareness and participation of minority ethnic communities, for example the need to work within communities through community centres or existing community and support networks, informing communities of the importance of the Census, and the provision of advice. It was suggested that engagement with community leaders and organisations would provide assistance to help engage difficult to reach communities (e.g. Black & Ethnic Minority younger generation, Eastern European), particularly where there were language or literacy issues, and promote completion of Census forms. A word of caution was expressed with regard to problems with translation of forms and lack of use of written ethnic languages amongst some communities. The role of the family leader in completing forms was stressed. It was also suggested that there may be funding available for citizenship activities to promote Census. The Board heard enthusiasm for using BME community representatives as Census enumerators.

APPENDIX A

3.5.5 The evidence suggests that there is limited knowledge of the purpose of the Census and some negative perceptions of what it is all about. The Board heard that some of the reasons why people did not participate in the Census were because of a lack of knowledge about the purpose of the Census, and what the data was used for or its implication on Local Authority funding, and because of a belief that the information being collected would be used for other reasons such as for tax or immigration purposes and a general wariness of Government use of information by some sections of community leading to a reluctance to provide information.

3.5.6 It was clear from talking to the community representatives that

community liaison to date has not been effective and to improve participation it was necessary to raise awareness of the need for accurate Census form completion and to highlight the benefits that accurate population counts can bring to the community i.e. in terms of the provision of services to the community e.g. health services.

3.5.7 There was agreement that this must be tackled through greater

publicity, advertising and targeted awareness-raising to explain reasons behind why it is collected and what the information is used for and promote the benefits of the Census. The more people know what the Census is all about the more likely they are to complete the survey. The purpose of Census and the importance of Census returns must be clearer.

3.5.8 For a greater impact the publicity and awareness-raising would of

course need to target those sections of the community which are considered to be under represented in Census returns. This would include students and coverage within universities (e.g. notice boards) would be beneficial.

3.5.9 It is clear that much work is necessary to ensure that hard to reach

groups are included in population counts and to encourage completion of the Census form by groups that otherwise may not do so. However, it is unclear who should take the lead in this engagement and awareness-raising, the Council or ONS and importantly who should pay. Given the mutual benefits of the Census and the fact that both have a stake in its success dialogue on this issue is required. The Board would expect ONS to invest heavily in any community liaison but would equally expect the Authority to assist such efforts.

3.6 It is encouraging that the Office for National Statistics intends to

liaise and engage more closely with Local Authorities for the 2011 Census and there will be clear benefits from closer working.

3.6.1 Planning for the 2011 Census is well underway and the Council needs

to engage with ONS to ensure that mistakes of 2001 are not repeated. The Board heard from Mr Ron May, the Local Authority and Community Liaison Manager for the Office for National Statistics. He

APPENDIX A

talked to the Board about objectives for the 2011 Census, why it matters to Local Authorities and the benefits from closer working between ONS and Local Authorities. He also talked about the assistance which Local Authorities could give and the important role of Chief Executives and the need for buy-in.

3.6.2 The main thrust of Mr. May’s presentation was the need for ONS and

Local Authorities to work closely and work together to achieve the best and most accurate population count, given the implication it has on Local Authority funding. In particular Local Authorities have invaluable knowledge, experience and contacts including: • Knowledge of the profile of local areas and factors that make them

hard to enumerate, such as: - language problems - student accommodation - communal establishments

• Key groups within communities (i.e. particularly hard-to-count populations)

• Experience of similar operations such as: - electoral registration - postal elections

• Contacts with local organisations through Local Strategic Partnerships

- police, student groups, housing associations - religious and community groups - postal service providers

3.6.3 ONS conducted a Census Test in 2007 (which included

Carmarthenshire) that aimed to test the effectiveness of: • Liaison arrangements with Local Authorities • Process for the identification of household addresses • Methods for the delivery of questionnaires – by post and hand • Draft questionnaire design and content • Questionnaire return and collection procedures • Response rates and the need for follow up • Data capture and processing systems

3.6.4 ONS is currently considering various options in terms of establishing an effective partnership model and the experience of the approach adopted in the 2007 Census Test. The approach adopted in the Census Test involved: • the appointment of formal Census liaison officers to act as Census

agents • Census Liaison Managers to act as the prime point of contact within

a Local Authority and to champion the process.

APPENDIX A

• Assistant Census Liaison Managers to provide local intelligence to Census HQ and liaise with local field managers

3.6.5 The experience from the partnership teams working on the 2007

Census Test has suggested that Local Authorities are in a position to provide ONS with a wealth of valuable profile information for local areas, and as a result there is little doubt that both sides would benefit from a better Census if this liaison programme could be fully adopted in 2011.

3.6.6 It is recognised that there are significant operational benefits to be

gained from a close working relationship with Local Authorities, and Local Authorities can assist by providing: • Local knowledge to create area profiles • Access to current Local Authority address lists • Access to community groups • Local media outlets /publicity / communication networks • Call centre / website support • Language translation / interpreter provisions for diverse

communities within the Local Authority • Field staff and logistical support (such as the provision of

accommodation) • Access to Local Strategic Partnerships • Access to local political networks (Councillors) • Statistical expertise to Quality Assure local results

3.6.7 There were a number of key roles for Local Authority Chief Executives, identified by ONS, which would have benefits for the Census: • Acting as champions for the Census process within their Local

Authority and across Local Authorities. • Understanding impact of Census, particularly financial implications

from a poor quality count • Providing buy-in and support, particularly in getting a better

understanding of the means of improving and agreeing address lists for enumeration

• Agreement and QA of the enumeration approach • Agreeing the Local Authority’s plans for Census engagement and

an effective level of monitoring progress e.g. - providing the authority and resource for Local Authority Liaison Programme - roles for Local Authorities in working with ONS

- formal links with Census Liaison Managers - the provision of LA based data to inform the enumeration process at the local area level - encourage staff to serve as Census field staff

• Facilitating any joint arrangements between Local Authorities • Advising on how best to engage with local Councillors

APPENDIX A

• Strengthening the business case for the investment put into the Census

• Encouraging a culture of data sharing • Minimising the risk of dispute over accuracy of Census counts and

quality of outputs

3.6.8 The Board had held a ‘Corporate Working’ session to discuss and gather information about how the Authority could contribute to local population counts and engage with ONS, in particular with those who perhaps have a significant role to play in this (e.g. finance, elections; registrars, housing). Senior Officers from within the Authority gave evidence regarding the role that the Authority has played to date in terms of achieving an accurate population count, and the scope for further engagement with, and assistance to, ONS, with a focus on the 2011 Census.

3.6.9 The Board were informed of the processes under which the statutory

annual canvass of properties for the preparation of electoral registers is carried out, with in excess of a hundred staff employed to deliver forms, redeliver and go door-to-door if necessary to obtain the required information. The Board noted in particular that the Election Team and the experience of staff involved in this canvass had not been utilised during the last Census in 2001 and there was no evidence of any approach by ONS to provide assistance. The Board supports the use of experienced election canvassers as Census staff and others with good local knowledge to get involved in enumeration of the 2011 Census.

3.6.10 The Board noted that there is currently no single national definitive

source for address information. ONS used the Ordnance Survey Mastermap (Address Layer 2) for the 2007 Census Test but are now considering the use of the National Land and Property Gazetteer as an address source. An address check on the ground revealed that within a sample of 100,000 listed addresses supplied by ONS for the 5 Census Tests, field surveyors failed to locate over 1,100 properties and identified an additional 9,900 new households.

3.6.11 The Board is concerned that the proposed post out of Census forms,

as opposed to hand delivery door to door, will result in a poorer rate of return, as receipt of the Census form will depend on the accuracy of ONS’s property lists – which as seen from the Census Test are not accurate. It would be beneficial if the ONS make use the Local Land & Property Gazetteer as a source for address lists for the Census.

4. Recommendations

The Board commends Cabinet to consider all issues and ideas raised by this review and, in particular, the recommendations set out below.

APPENDIX A

The Board recognises that the Authority (a) will need to ensure that any subsequent actions are legal and meet

the requirements of any relevant legislation; (b) has a responsibility to make the best use of limited resources and

that any additional costs will need to be considered carefully as part of the annual budget setting process.

The Board has kept these principles in mind in the course of its investigations.

The Board recommends that Cabinet:

4.1 consider the costs and benefits of:

(a) pursuing the development of the Authority’s own independent City and County wide local population and household estimates and property list information (with the support of Corporate Management and Service Units, using all available datasets within and accessible to the Council) through the Local Land & Property Gazetteer building on the pilot work carried out by the Research & Information Manager, in order to:

• assist in the compilation of property lists for Census

enumerators and provide a guide to household numbers

• assist ONS in planning for the 2011 Census and avoid any possible undercount of the area’s population

• provide the Council with a source against which to check and challenge (if need be) the accuracy of Census and intervening Government Mid Year population estimates

• support Council service planning, the development of Customer Relationship Management systems, resource allocation and decision-making

(b) utilising the annual electoral register canvass for wider

purposes to support the calculation of a local population count.

(c) a sustained educational and promotional campaign of

publicity, advertising and targeted awareness-raising (e.g. press releases, road shows) is needed in the run up to the 2011 Census to explain the purpose of the Census and help improve participation and ensure the maximum level of returns.

(d) the introduction of Census education in schools through

regular events / workshops for longer term benefit.

APPENDIX A

(e) working with ONS to employ the methods for community engagement described in this report particularly the engagement of local leaders and representatives within communities, voluntary groups and outreach workers (with appropriate training) to act as Census champions, using existing community events to generate interest, and the use of the local knowledge of Councillors.

4.2 explore the potential for sharing population and address data with

outside agencies through engagement (including Data Protection Act implications) to assist the calculation of local population estimates.

4.3 undertake pro-active engagement with ONS in the preparation and

delivery of the 2011 Census, on all aspects from consultations and preparation of property lists through to the recruitment of enumerators and the return of forms, and agrees a liaison strategy with ONS with clear lines of demarcation to overcome enumeration problems associated with the 2001 Census.

4.4 nominate a Census Liaison Officer within the Council to liaise

with ONS and co-ordinate related activities, support and information dissemination within the Council.

4.5 develop a formal Council Strategy for involvement in and the

delivery of information from the 2011 Census. 4.6 advise ONS:

(a) that the hand delivery and collection of Census forms should be undertaken or the savings generated from post out should be redirected to publicity and follow up.

(b) that it should utilise the expertise and local knowledge of

those involved in the electoral register canvass as Census enumerators.

4.7 designate the Council’s Contact Centre a first stop for Census

advice, and assistance with the completion of forms to help improve the response level.

APPENDIX A

Acknowledgements The Board is very grateful to the following for their participation and contribution to the Review: Nick Mills - Research & Information Manager, City & County of Swansea Steve King - Senior Policy and Research Officer, City & County of Swansea Jamie Smith – Principal Research & Information Officer, City & County of Swansea Dave Tosh - Head of Information and Customer Services, City & County of Swansea Ron May - Local Authority and Community Liaison Manager, Office for National Statistics. Steve Evans – Head of Financial Services, City & County of Swansea Lee Morgan – Head of Housing, City & County of Swansea Edith Morgan - Superintendent Registrar, City & County of Swansea Amanda Bebb - Electoral Services Officer, City & County of Swansea Mike Jones - Information Officer, Education Department, City & County of Swansea Tahar Idris – Director, Swansea Bay Race Equality Council Shereen Williams – Director, CEMVO Wales (Council of Ethnic Minority Voluntary Sector Organisations) Janet Hurst – Swansea Faith Forum / Interfaith Elinor Evans, Disability Forum, Swansea Council for Voluntary Services Euros Owen, Network 50+ and Older Persons Strategy Co-ordinator, City & County of Swansea Swansea Carers’ Centre Chris James, Legal Services, City & County of Swansea Brij Madahar, Scrutiny Coordinator Jenna Sullivan, Scrutiny Research Officer Further Information Agenda Papers and Minutes of the Community Leadership Scrutiny Board (October 2006 – March 2008)

APPENDIX A

About the Community Leadership Scrutiny Board The Community Leadership Scrutiny Board is a body of Councillors who are not members of the Cabinet. Their role is to scrutinise the performance of Council services and to make recommendations about how services can be improved. Community Leadership, one of eight Scrutiny Boards, has responsibility for scrutinising: • Community planning and strategy • Overall strategic functions and duties of the Council • Functions of the Chief Executive's department not covered by another

Board Members of the Board 2007/08 Cllr. A (Tony) T Lloyd (Chair) Cllr. Ceinwen Thomas (Vice Chair) Cllr. Mair E Gibbs Cllr. W (Billy) E A Jones Cllr. Alan Lloyd Cllr. Peter N May Cllr. D Alan Robinson Cllr. Keith E Marsh Cllr. Rob Speht Cllr J Rhodri Thomas For further information contact: Brij Madahar Scrutiny Coordinator City and County of Swansea [email protected] 01792 637257 Website: www.swansea.gov.uk/scrutiny 26th March 2008

APPENDIX B

Item No. 8 (B)

Report of the Cabinet Member for Business Improvement and Efficiency

Cabinet – 30th October 2008

SCRUTINY REPORT ON POPULATION ESTIMATES

Summary

Purpose:

This report presents the key findings and recommendations of the Community Leadership Scrutiny Board’s review of ‘Population Estimates and the Census’. It appraises the merits of each action proposed by the Board, highlights benefits, costs and resource implications, and puts forward recommendations on each Board action.

Policy Framework:

Corporate Plan, Improvement Plan


Implementation of the Board’s recommendations would help to achieve improved local population estimates and more accurate findings from the 2011 Census – intended to directly benefit the Council.

Consultation:

Chief Executive, Director of Resources, Head of Finance.

Recommendation(s):

That Cabinet approve the Recommendations of the Scrutiny Board (listed at Section 6 of this Report).

1. Introduction 1.1 The CLD Scrutiny Board requested a thorough investigation into

production and use of Census data and population estimates.

1.2 The Board took evidence from Council Officers, the Office for National Statistics (ONS) and representatives of local voluntary and community groups.

1.3 The Board’s conclusion was that accurate and up to date population information is essential to support effective service planning, resource allocation and decision-making across the Council.

APPENDIX B

2 Why are Census findings and Population Estimates so important?

2.1 The decennial Census (est. cost for 2011, £480m) is the definitive source of information on the characteristics of the UK’s population – from ethnic origin and age, through to occupational status, household size, and distribution. It also provides the base for the preparation of the Government’s intervening Mid Year population estimates. Together this data is critical to: • Service delivery planning • Area profiling e.g. Communities First Areas, school

catchments, localities etc, • Developing corporate strategies and plans e.g. the UDP,

Transport Plan, Housing Need Assessments, Elderly Persons Strategy etc.

• Monitoring and projecting local demographic change • Preparing and supporting funding bids • Calculating performance indicators • Checking Revenue Support Grant calculations • The targeting and allocation of resources at both Central and

Local Government levels.

2.2 The UK Government allocates an estimated £60bn p.a. to LAs based on information derived from the Census and Mid Year Population estimates.

3 2001 Census and Mid Year Population Estimates for Swansea

3.1 The 2001 Census resulted in a dramatic downward revision in the

County’s previously estimated population from 230,000 to 223,000 – see Figure below, followed by a downward revision of earlier Mid Year Estimates and the portrayal of Swansea as a County in decline. The resultant RSG loss to the Council has been estimated to be £2.5M pa.

220.0

222.0

224.0

226.0

228.0

230.0

232.0

234.0

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

Year

Popu

latio

n ('0

00s)

P re-2001 C ensus M id YearEst imates 1991-2000

Latest revised M id Year Est imates(1991-2006)

230,000

223,000

APPENDIX B

3.2 Subsequent analysis has led to the conclusion that the 2001 Census population for Swansea was an undercount. Reasons for this include failures in form delivery, low response rates from difficult-to-reach groups, poor community engagement, public suspicions about its purpose and issues around post back. However, the Council was not in a position to effectively challenge the results. In particular, it lacked, at the time, a definitive residential property address register (against which ONS could check enumerated addresses) and had no empirical population count of its own.

3.3 The Board found no evidence to support the suggested pre-2001 decline in Swansea’s population, and failed to identify any factors to explain the sudden change in circumstances that could have led the scale of growth projected in the Government’s subsequent post 2001 Mid Year Estimates.

3.4 A recent (May 2008) Treasury Committee report echoed the long-standing concerns of local authorities over the reliability of the Mid Year Estimates, stating that: ”…..the methods used to estimate local populations.……… are not fit for purpose as they fail to properly account for internal migration. We raise concerns that the allocation of funding to Local Authorities could be based on inadequate information”. What can be done to improve the quality of future Census and population data?

3.5 The Board has put forward 12 recommendations for consideration

by Cabinet, which are detailed in the attached Schedule. These recommendations can be grouped into two distinct, but complementary, courses action: a. Active engagement with ONS in the planning and execution of the

2011 Census in Swansea.

b. Generation of an independent Council population count. (Note: The underlying database would also support the development of the Council’s Customer Relationship Management (CRM) system, and would be of great value to external partners e.g., – the Police, Fire Service, other Central Government Departments. It would also assist in the identification of residential properties and households for enumeration in the 2011 Census).

4 Appraisal of the Board’s Recommendations 4.1 Implementation of the Board’s recommendations would help to

achieve improved local population estimates and more accurate findings from the 2011 Census – intended to directly benefit the Council.

APPENDIX B

4.2 The Board’s proposals can largely be delivered without any

additional costs to the Council; however successful delivery will require CMT and Cabinet endorsement, Directorate support, the co-operation of key service units and some reprioritisation of work where necessary.

5 Financial Implication 5.1 There are no financial commitments inherent in the

Recommendations made in this Report. Where additional finance is required, it will be subject to an approved business case.

6 Legal Implications 6.1 There are no legal implications associated with this report. 7 Recommendation(s) 7.1 It is recommended that Cabinet approve the recommendations of

Scrutiny Board (listed at Section 6 of this Report).

APPENDIX B

Rec. no.

Board Recommendations for Cabinet: Consider the costs and benefits of:

Appraisal Additional Financial Costs to Authority

Recommendation

4.1 (a) Pursuing the development of the Authority’s own independent City and County wide local population and household estimates and property list information (with the support of Corporate Management and Service Units, using all available datasets within and accessible to the Council) through the Local Land & Property Gazetteer (LLPG) building on the pilot work carried out by the Research & Information Team.

The pilot model devised and tested for Scrutiny Board provides a pragmatic solution to the generation of a local population count. The Council’s LLPG offers the most definitive single source of residential property addresses within the County, against which population data from other systems can be matched. Indeed there is both scope and pressure for the incorporation of LLPG property references into key systems such as Electoral Registration and Council Tax. The proposed model clearly has the capability to deliver a local population count for the Council at the County or any other small area level via the use of GIS, and would provide an empirical dataset against which to check and, if need be, challenge Census and Mid Year Population Estimates. It could also be used

A business case be worked up detailing the costs and benefits of further developing a population estimation system.

Consideration of the business case.

APPRAISAL OF SCRUTINY BOARD’S RECOMMENDATIONS

APPENDIX B

Rec. no.



Recommendation

to generate small area population counts to assist ONS in the in the implementation of Census Enumeration.

(b) Utilising the annual Electoral Register canvass for wider purposes to support the calculation of a local population count.

Eminently sensible. Its linkage to other datasets should help increase its coverage.

None Support, but need to ensure in the next canvass that its use for Council business is not excluded.

(c) A sustained educational and promotional campaign of publicity, advertising and targeted awareness-raising (e.g. press releases, road shows) in the run up to the 2011 Census to explain the purpose of the Census and help improve participation and ensure the maximum level of returns.

Increased educational and promotional activity to encourage a better Census response in 2011 is laudable. However, it is not a statutory requirement upon LAs and no funding has been allocated to LA’s for this purpose. Financial provision has been vested with ONS.

None Support in principle, but look to ONS to meet financial costs of local activities in this area. The Council could however place publicity and host relevant articles and information about the Census on its website.

(d) The introduction of Census education in schools through regular events/workshops for longer-term benefit.

Need to examine the potential for provision within the context of the National Curriculum. As with (c) there may be an opportunity to encourage ONS to sponsor from its budget the preparation of

None As above, but investigate the issue further with the Education Directorate. Education Minister to be


APPENDIX B

Rec. no.



Recommendation

suitable material for schools. written to, to enquire how Census education can be included in the National Curriculum and if additional funds would be available for this.

(e) Working with ONS to employ the methods for community engagement, particularly the engagement of local leaders and representatives within communities, voluntary groups and outreach workers (with appropriate training) to act as Census champions, using existing community events to generate interest, and the use of the local knowledge of Councillors.

This is clearly a critical area. In 2001 the Council assisted in putting Census Managers in touch with out reach workers and voluntary groups to help in the enumeration e.g. of people sleeping rough. The need to make contact with community Leaders is endorsed, along with Council Officers and representatives dealing with difficult to reach groups. Such action could help prevent a possible undercount. The Council should work closely with ONS, who are already working on the development of a Census Community Liaison Programme, but avoid any financial commitment.

None Need, working closely with ONS, to develop a ‘cost neutral’ strategy to this end.


APPENDIX B

Rec. no.



Recommendation

4.2 Explore the potential for sharing

population and address data with outside agencies through engagement (including Data Protection Act implications) to assist the calculation of local population estimates.

Discussions are already taking place nationally on this issue, and it has been flagged for future discussion within the Information Management Group. A key consideration is any undertaking given to parties providing data, in relation to stated restrictions on its use. Different restrictions are likely to apply to different datasets, and some national guidance appears to be conflicting.

None Council’s Information Management Group is currently working on a Standard for Information Sharing.

4.3 Undertake pro-active engagement with ONS in the preparation and delivery of the 2011 Census, on all aspects from consultations and preparation of property lists through to the recruitment of enumerators and the return of forms, and agree a liaison strategy with ONS with clear lines of demarcation to overcome enumeration problems associated with the 2001 Census.

The Council, through the R&I Team (acting on behalf of the Authority as for 2001)) has been in liaison with ONS for sometime, on the design and content of the 2011 Census questionnaire and issues around implementation. The idea of formulating and agreeing with ONS a formal Liaison Strategy is eminently sensible, and should also be used to make staff roles clear

None The R&I Team continue to co-ordinate the Council’s corporate response to consultations from ONS, and the Census Liaison Officer draw up a formal Liaison Strategy for approval by CMT.


APPENDIX B

Rec. no.



Recommendation

and co-ordinate activities across the Council. It is of course closely linked to the action proposed in 4.4. Responsibilities to be taken up by staff as part of ‘wider duties’. No additional staff costs are anticipated.

4.4 Nominate a Census Liaison Officer within the Council to liaise with ONS and co-ordinate related activities, support and information dissemination within the Council.

A key role. Taken on in 2001 by the Research & Information Manager, and supported by staff in his Team. The appointment of a full-time dedicated member of staff is not deemed necessary.

None R&I Team Manager to take on the role of the Council’s Census Liaison Officer

4.5 Develop a formal Council Strategy for involvement in and the delivery of information from the 2011 Census.

It is important to identify and plan in advance both Council and Public requirements for the dissemination and delivery of Census information.

None The issue of corporate census information requirements, led by the Census Liaison Officer be explored through the IMG and a draft strategy be prepared.

4.6 (a) Advise ONS that hand delivery and collection of Census forms should be undertaken or the savings generated from post out should be redirected to publicity and follow up.

The post-out of option has been proposed by ONS as a means of securing savings to finance a fourth page in the questionnaire. ONS has however indicated that it will work with LAs to identify

None The Council should discuss options with ONS.


APPENDIX B

Rec. no.



Recommendation

hard to enumerate areas, and might be prepared to adopt a different approach to enumeration in some areas. The point on the redirection of savings to publicity and follow up is well made – see response to 4.1 (c) above.

(b) Advise ONS that it should utilise the expertise and local knowledge of those involved in the electoral register canvass as Census enumerators.

ONS is already alert to the potential benefits. Whilst the recruitment of field staff is to be out-sourced to commercial agencies, ONS is understood to be keen to encourage LA staff to take on roles as area managers, team leaders and enumerators – capitalising on their local knowledge and expertise to help improve and better quality assure the enumeration process. The primary issue here is the possible level of take up by staff and possible implications for the delivery of council services. Much will depend on the scale of remuneration offered.

None Support in principle, but need to pursue a cautious approach to ensure that the possible release of staff for Census duties is not to the detriment of Council service delivery. Develop this proposal further as part of Strategy.


APPENDIX B

Rec. no.



Recommendation

4.7 Designate the Council’s Contact Centre a first stop for Census advice, and assistance with the completion of forms, to help improve the response level.

ONS will as in 2001 set up its own ‘help-line’ service. However, it is anticipated that a small number of local residents will seek assistance and advice from the Council in relation to completion and return of the questionnaire. To this end it is recommended that Contact Centre trained to assist with general enquiries.

None Support. Agree Contact Centre staff be trained to assist with general enquiries regarding completion of the form. All more complex and technical queries to be referred to the Council’s census Liaison Officer.

Contact Officers: Dave Tosh, Head of Information and Customer Services / Nick Mills, Research & Information Team Manager.

01792 63 6872/5713 Legal Officer: Patrick Arran


Item No. 11 (B)

Report of the Environment Regeneration & Culture Overview Board


RESPONSE TO REFERRAL OF NOTICE OF MOTION:

HUMAN TRAFFICKING Summary: This report informs Council of the Board’s response following referral of a Notice of Motion. FOR INFORMATION

1. Introduction

1.1

A Notice of Motion originally received by Council on 10th April 2008 was referred, without debate, by the Presiding Officer to Overview and Scrutiny.

1.2 Following the introduction of new arrangements for overview and scrutiny in May 2008 the referral was considered by the Environment, Regeneration & Culture Overview Board.

1.3 This meant that the Board would have to consider examining the

matter, and respond by reporting back on the outcome of its deliberations to Council.

2. The Notice of Motion 2.1 The following Notice of Motion was submitted to Council on 10th

April 2008 by Councillors A Lloyd, D Phillips, J Burtonshaw, C Thomas, M Child, J Miles, R Stewart and R Francis-Davies:

“There are more people enslaved today than there were 200 years

ago when William Wilberforce led the fight to abolish slavery. Human Trafficking, the modern day slave trade, is the fastest growing form of international crime with 600,000 – 800,000 people trafficked across international borders each year. While women and children are particularly vulnerable to trafficking for the sex trade, human trafficking is not limited to sexual exploitation. Across the world men, women and children, some as young as three years old, are bought and sold into prostitution, forced

labour, domestic servitude and forced organ donation to name a few. “An ounce of prevention is worth a pound of cure”. Women are involved in 77% of trafficking cases worldwide, with sexual exploitation a factor in 87%. Forced labour is also a motive behind trafficking. The UK is a major destination for trafficked women. Police believe that about 4,000 have been brought in to the country by criminal gangs and forced to work as prostitutes. Police say that victims are found "all over the UK, not just in metropolitan areas". Often, women are lured by adverts in their home countries for jobs such as restaurant staff, maids and child minders. The age of victims varies widely, but most are between 18 and 24. Police have also rescued a number of children. Victims can end up in any town or city where brothels operate. They are found in all the major towns and cities in the UK. The fate of many victims is unclear. “I am not for sale, we are not for sale, no one should be for sale”. Council therefore resolves: • to adopt a “Not for Sale” policy • that on behalf of the Council the Lord Mayor and Leader of the

City and County of Swansea sign The Council of Europe’s Declaration on the Fight against Trafficking in Human Beings, which the UK Government has already signed and ratified

Council recognizes that the creation of resource centres, which provide specialised assistance to trafficked human beings, should be priority. Such centres would co-ordinate all aspects of victim care through the provision of secure walk-in shelters and longer term refuges, medical and psychological assistance and a 24 hour emergency telephone hotline. To this end Council further resolves to initiate dialogue with our neighbouring local authorities, community groups, South Wales Police and the Welsh Assembly Government to determine the best and most efficient way that such centres could be created. Council also notes that the sex industry plays a major part in human trafficking, particularly of women. Trinity Mirror Plc, which publishes the Western Mail, South Wales Echo and Wales on Sunday decided in November 2007 not to accept classified advertisements from massage parlours and other

so-called “Health Clubs”. Council also resolves to call on the South Wales Evening Post and other local Newspapers to follow this lead and refuse adverts such as those for “Happy Niki”, “Maria’ Massage” etc”.

3. Response of the Board to the Referral 3.1 The Scrutiny Board met on 28th July to discuss the referral and to

agree an appropriate course of action and response to Council. The Board was provided with a briefing report from the Corporate Director (Environment) following which the Board agree that it should take evidence from a number of professional bodies/disciplines to develop a full understanding of the situation and potential solutions.

3.2 The Board met on the 8th September 2008 and welcomed D I

Anthony Brown (South Wales Police), Ron Devine (South Wales Police), Nick Jupp (Borders and Immigration), Councillor Alan Lloyd, the Corporate Director (Environment) and Officers of the Licensing Division of the Environment Department to provide their views on human trafficking

3.3 A very detailed and robust discussion ensued with representations from all the attendant statutory bodies. Issues included: • Council of Europe was very concerned regarding the amount of

human trafficking for the sex and wider industries; • Human trafficking was a problem in Swansea and needed to be

addressed; • Local press advertised daily for sex industry contacts; • The Council could look at ways of supporting and helping

victims; • South Wales Police had taken a lead role in investigating

human trafficking and had gained convictions against two Albanian nationals for trafficking in Cardiff;

• Operations Pentometer 1 and 2 were set up to combat trafficking in the UK and had been a co-ordinated campaign involving law enforcement agencies and partners to tackle those being trafficked for the purpose of sexual exploitation. A major role is played by the UK human trafficking centre in Sheffield which offers a 24hr Helpline and website;

• Trafficking was an horrendous crime where victims were often coerced or deceived into the situation and may be kidnapped, falsely imprisoned or sexually assaulted, however mental power over the victim is generally exerted rather than physical, with family members back home often used as targets and threats of harm;

• Pentometer 2 focused on identifying the extent of trafficking

with the aim of rescuing and protecting victims and bringing to justice the perpetrators;

• Massage Parlours that advertise in the press were not breaking the law but South Wales Police had recently prosecuted five women for running brothels. The authorities must prove the manager knows what was going on behind closed doors in order to obtain a conviction;

• The Police always looked to support victims and help them rehabilitate in partnership with Sexual Support Referral Clinic (SARC) and Pathways, a charity working in this field in South Wales. However ultimately the future of the victims is in their hands, some return home, some remain in the UK and stay in contact with the police and support services whilst others choose to move on and effectively disappear;

• South Wales Police regularly visited the massage parlours in Swansea and spoke to staff but had not encountered any problems in the last twelve months;

• Private houses offering services posed a far bigger problem and were difficult to control;

• UK had limited intelligence on trafficking due to the control of gang masters and the power exerted over individuals which meant people were afraid to speak;

• People were not only being trafficked in the sex industries but in other industries such as catering, often trafficked persons do not see themselves as victims of a crime and some pay up to £20K to get here

• Immigration Services acting upon a tip-off had recently raided a massage parlour in Swansea, however at that time all the staff were discovered to be local residents;

• Since February 2008, Border and Immigration received more powers whereby offenders can be prosecuted via civil legislation;

• Once people were removed from the country they were immediately replaced due to the industry being extremely well organised;

• If people were determined enough they would enter the country by any means possible;

• Borders and Immigration would be looking to work with the Police and partner agencies in order to improve intelligence.

3.4 The Corporate Director (Environment) explained to the Board that

some Local Authorities do regularly inspect premises offering massage and special treatments for cleanliness and safety. Whilst the Authority could undertake these checks under existing Health and Safety issues at Work legislation these establishments were not a high priority under this Act and the risks posed from the declared use of the premises i.e. massage, were very small. However, if the Council acted under this legislation the problem may be driven underground. She added that while there were

Local Acts that applied to Swansea, namely the West Glamorgan Act 1987, there was no provision in this legislation to allow the introduction of licensing controls for massage parlours.

3.5 Generally very limited information is available from other Local Authorities as to how they dealt with the issue. However, the Board was advised that legislation would be required in the form of a Local Act to explore licensing controls for premises providing massage and special treatments. Promoting such a Bill through Parliament would be a lengthy and costly process. Whilst criminal legislation applied to the operation of brothels, any introduction of local enforcement in massage parlours by the Local Authority would have minimum value.

3.6 Following the discussion the Board was concluded that: • the introduction of further legislation was not recommended as

it may well drive the problem underground; • measures to monitor and address the current situation should

remain and the City and County of Swansea and Social Services Department continue to work with partner organisations in order to support victims of human trafficking.

FOR INFORMATION Background Papers: Report of the Corporate Director (Environment) to ERC Overview Board: Licensing of Massage Parlours Contact: Spencer Martin, Overview and Scrutiny Officer

01792 636734 Date: 26th September 2008 Legal Officer: Sandie Richards

Item No. 11 (C)

Report of the Environment Regeneration & Culture Overview Board


RESPONSE TO REFERRAL OF NOTICE OF MOTION: POST

OFFICE CLOSURES Summary: This report informs Council of the Board’s response following referral of a Notice of Motion. FOR INFORMATION

1. Introduction

1.1

A Notice of Motion originally received by Council on 10th April 2008 was referred, without debate, by the Presiding Officer to Overview and Scrutiny.

1.2 Following the introduction of new arrangements for overview and scrutiny in May 2008 the referral was considered by the Environment, Regeneration & Culture Overview Board.

1.3 This meant that the Board would have to consider examining the matter, and respond by reporting back on the outcome of its deliberations to Council.

2. The Notice of Motion 2.1 The following Notice of Motion was submitted to Council on 10th

April 2008. Proposed by Councillor D Price, seconded by Councillor V Webb

234. NOTICE OF MOTION FROM COUNCILLORS DARREN

PRICE, ADRIAN REES, RHODRI THOMAS AND VANESSA WEBB

Council condemns the Post Office closure programme by the Westminster Government, which could see 2,500 Post Offices close across the UK.

Council regrets the closure of so many Post Offices within the City and County of Swansea over previous years and reaffirms its commitment to the protection of this vital network.

Council sees the Post Office Network as a valuable social

resource and acknowledges that there is potential to develop the network. Council therefore resolves to enter talks with the Post Office and other relevant agencies prior to the upcoming consultation period in an attempt to minimise the number of Post Office closures in the City and County of Swansea.

Council notes that this may take the form of re-locating branches to other public buildings such as schools and libraries”.

3. Response of the Board to the Referral 3.1 The Overview Board met on 8th September to discuss the referral

and agree an appropriate course of action and response to Council.

3.2 The Strategic Director of Regeneration and Housing informed the

Board of key issues in connection with the Post Office Network Change Programme. The Key issues being: • Four Post Offices in Swansea have to close. Three have been

confirmed, 1 reprieved and 1 further has now been listed as a proposed closure.

• 2 closures are in areas of low population and have a very minimal demand for Post Office services.

• The final decision on Lone Road Clydach has yet to be made but it is likely that it will close as POL has already reprieved one branch from the original closure proposal list.

• The Gors Avenue closure will leave the elderly, infirm and those with limited mobility in considerable difficulty as the alternative branches are difficult to access.

• During discussions with POL it was made clear that if any body or organisation wished to provide Post Office services where a branch had been closed by the Network Change Programme the following stipulations would apply:

o The Retailer-Provider must be in a position to meet all of

the costs incurred through the provision of additional Post Office outlets including, capital costs, training and all operating costs.

o The only payments that POL will make to the Retailer-Provider are commission payments based upon the business that is transacted at these locations.

o Contractual agreement will be drawn up and include stability, liability and guarantee of funding clauses.

o The establishment of services in these locations must not impact on surrounding outlets.

Future closures are a real possibility particularly if POL loses the Post Office card account business when the current licence expires in 2010.

3.3 Discussions followed regarding the information provided, Issues included;

• The Programme involved the compulsory closure of up to 2,500 Post Office branches nationally.

• The Post Office consultation for Swansea had taken place and resulted in 3 branch closures by mid September 2008. These were Garnswllt, Gors Avenue and Parkmill.

• The proposed branch closure at Carnglas Road had been reprieved but a further proposed closure at Lone Road, Clydach announced as a result.

• The final results of the closure programme in Swansea would be known at the end of the Clydach consultation period in mid October 2008.

• The viability of making alternative arrangements for the replacement of PO services near to Gors Avenue and Lone Road, Clydach, by using Council or Community buildings in combination with other Council/Community services. Detailed proposals would need to be drawn up, discussions would be required with POL and a robust business plan put forward. No resources have been identified to carry this out this type of work in Swansea and the Council could not take on any additional costs within existing budgets.

• The cost of retaining Council involvement until the end of the current consultation period in October is estimated at less than £5,000 and could be contained within existing budgets

3.4 Following the discussion the Board concluded;

(1) That Council involvement be retained until the end of

October, when the result of the closure consultation process for Lone Road, Clydach and therefore this round of closures, would be known;

(2) Stipulations by POL for replacing closed branches with PO functions at community facilities in Swansea would be expensive and difficult to comply with, a full feasibility would have to be undertaken and viability may still not be proved. No resources have been identified to undertake this work in Swansea, and costs cannot be met within existing budgets.

FOR INFORMATION Background Papers: Report of the Strategic Director of Regeneration and Housing to ERC Overview Board: Post Office Network Change Programme Contact: Spencer Martin , Overview and Scrutiny Officer

01792 636734 Date: 29th September 2008 Legal Officer: Sandie Richards

Item No. 11 (D)

Report of the Finance, Audit & Business Improvement Overview Board


RESPONSE TO REFERRAL OF NOTICE OF MOTION: WELSH

ASSEMBLY GOVERNMENT – LOCAL GOVERNMENT SETTLEMENT

Summary: This report informs Council of the Board’s response following referral of a Notice of Motion to the Overview Board. FOR INFORMATION

1. Introduction

1.1

A Notice of Motion originally received by Council on 28th February 2008 was referred, without debate, by the Presiding Officer to the Finance, Audit & Business Overview Board.

1.2 This meant that the Board would have to consider examining the matter, and respond by reporting back on the outcome of its deliberations to Council.

2. The Notice of Motion 2.1 The Notice of Motion in question was submitted by Councillors P N

May, R Speht, P M Black, S Rice, J Evans and K E Marsh: “This Council calls on the Welsh Assembly Government to change

its planned budget for the next three financial years to allow local government in Wales a greater uplift in its grant to at least 1% above inflation”

3. Response of the Board to the Referral 3.1 The Overview Board met on 8th September 2008 to discuss the

referral and agree upon an appropriate course of action and response to Council. The Board was provided with a report from the Corporate Director (Resources) following which the Board agreed that it would wait for the Welsh Assembly Government’s announcement on the provisional Local Government Finance Settlement due on the 15th October and consider the matter further

at the next meeting. 3.2 The Overview Board received a verbal update from the Head of

Finance at the meeting on the 20th October. The Board were informed that the average settlement across all authorities was 2.9% which ranged from 0.5% to over 4%. This Authority would receive a settlement of 3%. However, no information had been received regarding any deduction for efficiency savings.

3.3 The closing date for comments on the draft settlement was the 18th November 2008 and Cabinet would be considering the Council’s response to the provisional settlement on 30th October. The Board were afforded the opportunity of including its response in the Cabinet report.

3.4 Following the discussion, the Board concluded that:

(1) clarification be sought from the Welsh Assembly Government with regards to whether a 1% efficiency saving had been applied to the settlement;

(2) the Council, via the Welsh Local Government Association, aims to maximize the Local Government Settlement by the Welsh Assembly Government

3.5 These comments have subsequently been reflected in the

Council’s response to the Welsh Assembly Government. FOR INFORMATION Background Papers: None Contact: Karen Shadrach, Overview and Scrutiny Coordinator

01792 636292 Date: 10th November 2008 Legal Officer Patrick Arran

Item No. 12 (A) Joint Report of the Head of Communications and Overview &

Scrutiny Coordinating Group


OVERVIEW & SCRUTINY STRATEGIC WORK PROGRAMME 2008/09 - UPDATE

Summary: The report provides an update on the Overview & Scrutiny Strategic Work Programme for 2008/09. FOR INFORMATION 1. INTRODUCTION

1.1 The Overview and Scrutiny function exists to improve the

performance of services, to provide an effective challenge to the executive and to engage non-executive Members in the development of policies, strategies and plans. At the same time Overview and Scrutiny is expected to promote community leadership and engage communities in Council business.

1.2 The overall aim of Overview & Scrutiny is to make Swansea a better place and to ensure that services are responsive to people’s needs. A constructive and effective overview and scrutiny function, that works across organisational boundaries and engages the community, is also at the heart of the Welsh Assembly Government’s vision for public services in Wales.

1.3 Each Board will keep a watching brief on different aspects of Council policies and services to ensure that the Council is achieving its aims. Detailed work is done through in-depth reviews and, for each review, the Boards will gather a wide range of evidence, including community views, and propose improvements.

2. COORDINATING THE WORK OF THE BOARDS 2.1 In order to ensure a coordinated approach to the work of overview

and scrutiny, Overview Board and Scrutiny Board Work Plans are to operate within the framework of an overarching Annual Overview & Scrutiny Strategic Work Programme, which is agreed and overseen by the Overview & Scrutiny Coordinating Group.

2.2 The key principles underpinning the Work Programme are that:

• overview and scrutiny work should be strategic, relevant and add value

• the Boards are independent of the executive and ultimately responsible for their own work plans

• co-ordination ensures a consistent approach, the best use of resources and avoids duplication

• the demands of the overview & scrutiny programme as a whole should be proportionate to the resources realistically available to deliver it

2.3 The Coordinating Group, made up of the Chairs and Vice-Chairs of

the Boards, is responsible for ensuring that the work of scrutiny is manageable, realistic and achievable and will have the maximum impact. It has an important role, with respect to the work of the Boards in:

• providing an effective forum for liaison between Overview & Scrutiny Chairs and Vice-Chairs, and Political Group Leaders / Deputy Leaders

• co-ordinating the work of the Boards (including the allocation of items) so as to avoid any overlap or duplication of work and maintain balanced work programmes that reflect a mix between planned and responsive work

• ensuring that reviews are conducted by the most appropriate Boards and to identify the potential for joint reviews

• ensuring the work of the Boards maximises the involvement of Members, and encourages community engagement as appropriate

• raising awareness of the work of overview and scrutiny 3. OVERVIEW AND SCRUTINY STRATEGIC WORK

PROGRAMME 2008/09 3.1 The work involves of the 8 Overview and Scrutiny Boards involves

a mix of in-depth reviews, briefings, follow up of previous reviews, referrals, and monitoring. The Strategic Work Programme has been shaped from the agreed work plans and is attached as Appendix A.

3.2 It provides a forward look for the next 3 months, and also provides

a mechanism to report back on the outcome of monitoring and assessment activities.

3.3 The Strategic Work Programme is updated and presented to every

meeting of the Coordinating Group in order to enable the Group to discuss progress and the effectiveness of this work. The Group is also informed of any proposed new items of work coming out of the Boards during the course of the year.

3.4 Each Board is provided with a timetable of its work for the year as

a standing item on each agenda to assist in reviewing progress and forward planning.

4. REFERRAL OF NOTICE OF MOTIONS 4.1 At the request of Council, the Coordinating Group discussed the

matter of referrals to Overview / Scrutiny Boards by Council and considered how best to streamline processes in the future.

4.2 Before exchanging views about possible improvements to the

process the Group noted: • the range of factors that may have contributed to delay in

considering particular referrals. • constitutional requirements • recent improvements • suggested future improvements

4.3 The Group agreed that further improvements could be made by:

• referrals being made only where it is clear that overview and scrutiny examination would add value

• Council providing, where possible, clearer direction including urgency / timescales

• acting upon referrals immediately and ensuring reporting to the next available Board meeting

• consideration being given to additional meetings and/or effective use of Task & Finish Groups to ensure a timely response (with input from other relevant Councillors and/or persons)

4.4 In addition, the Presiding Officer undertook to consult with relevant

Chairs / Vice-Chairs when minded to refer matters in the future. 4.5 Following discussion, the Group remained concerned at matters

being referred without Council debate as well as at the impact that referrals may have on Board work programmes. The outcome being that the Group requested that a report be made to the Constitution Working Group for a debate about current arrangements for dealing with Notices of Motion, and in particular: • the discretion available to the Presiding Officer to refer Motions

without debate; • the ability for Council to hold a preliminary debate before

referral on of a Motion; and • the opportunity for Council to debate the original motion

following consideration and report back by overview / scrutiny 5. NEXT STEPS 5.1 Progress in relation to the Scrutiny Strategic Work Programme will

be discussed at every meeting of the Coordinating Group and this

will form the basis of a regular report to Council.

5.2 Council will be updated regularly on the Overview & Scrutiny Strategic Work Programme and progress in relation to the priorities of the eight Boards.

5.3 To encourage involvement in the work of the Boards, the Strategic Work Programme will also be published and available online and available to the public through the website (www.swansea.gov.uk/scrutiny), the overview and scrutiny blog (http://openswansea.cityandcountyofswansea.info/blog/) and the 'Open Source' briefing.

FOR INFORMATION Background Papers: None Contact: Brij Madahar, Overview and Scrutiny Coordinator

01792 637257 Date: 25th November 2008

Website: www.swansea.gov.uk/scrutiny E-mail: [email protected] Blog: http://openswansea.cityandcountyofswansea.info/blog/

APPENDIX A Overview & Scrutiny Strategic Work Programme

2008/09 (November – January) - as at 24th November KEY: CYP – Children and Young People; ERC – Environment, Regeneration & Culture; FABI – Finance, Audit & Business Improvement; HSCWB – Health, Social Care & Well Being 1. Current Reviews Review Board Stage Next Steps Developing Cycling Action Plan

ERC Overview

Evidence Gathering

Task & Finish Group to review evidence gathered, incl. response to public questionnaire

Communities First ERC Scrutiny

Evidence Gathering

Visits being planned: - Bonymaen: 24/11/08 - Townhill: 16/2/09

Medium Term Financial Planning

FABI Overview

Evidence Gathering

Task & Finish Group established - - Review of existing

Medium Term Financial Plan (Nov)

- Evidence from Officers (Dec)

Effective Partnership Working

HSCWB Scrutiny

Complete Report to be submitted to Cabinet for decision

Social Services Community Transport

HSCWB Scrutiny

Draft Final Report

Draft Final Report - 3/12/08

Effects of Child Poverty on Educational Attainment

CYP Scrutiny

Evidence Gathering

Task & Finish Group: - poverty and social

inclusion – 24/11/08 - background data and

child monitoring information – 8/12/08

Progress Report to Board -15/12/08

Older People’s Respite Services

HSCWB Overview

Evidence Gathering

Research – Beacon Local Authorities

Visit being arranged to Carers’ Centre

Integrated Service Provision for Children & Young People

CYP Overview

Evidence Gathering

Task & Finish Group - 26/11/08: Evidence from Partner Organisations

Progress Report to Board -17/12/08

Performance Measurement & Management

FABI Scrutiny

Proposed Briefing & to identify review work - 3/12/08


2. Scrutiny Hearing Hearing Board Date Activity Impact of Changes to Minor Injuries Casualty Unit at Singleton Hospital

HSCWB Scrutiny

3/12/08 Draft report - findings, conclusions & recommendations

3. Development of Community Strategy (agreed by Council

23rd Oct) Theme Board Date Sustainable Development

ERC Overview

1/12/08; 12/1/09

Equality & Diversity FABI Overview

tba

Social Inclusion HSCWB Overview

tba

Community Regeneration

ERC Overview

tba

4. Previous Reviews Review Board Stage Progress Population Estimates & The Census

FABI Overview

Follow Up

Council (for info) – 4/12/08

Working with the Community to Reduce Crime

ERC Scrutiny

Follow Up

Monitoring Implementation (Action Plan) – 15/12/08

Council’s Use of Consultants

FABI Scrutiny

Follow Up

Action Plan accepted - 22/10/08

Monitoring Implementation – 25/2/09

Council’s e-Government Programme

FABI Scrutiny

Follow Up

Action Plan accepted - 22/10/08

Suggested refinement to action plan and further debate on the recommendation not agreed by Cabinet


Energy Management FABI Scrutiny

Follow Up


School Occupancy and Innovative Solutions

CYP Scrutiny

Follow Up

Further monitoring in conjunction with QEd 2020 – 20/4/09

School Attendance CYP Follow Action Plan accepted –


Scrutiny Up 22/9/08 Monitoring Implementation – 20/4/09

Scrutiny Review of Relationship with Statutory Undertakers

ERC Scrutiny

Follow Up

Progress report accepted - 22/9/08

To follow up response of statutory undertakers

Compact with the Voluntary and Community Sector

FABI Overview

Follow Up

Monitoring Implementation - tba

Council Membership on Development Trusts & Community Partnerships

ERC Scrutiny

Follow Up

Monitoring Implementation - tba

Community Centres ERC Scrutiny

Follow Up

Monitoring Implementation – tba

5. Referrals Topic From Board Next Steps Tackling Excess Packaging

Council, Aug 07

ERC Overview

Briefing – 1/12/08

Not for Sale – Human Trafficking

Council, Apr 08

ERC Overview

Report back to Council – 4/12/08 (deferred from 23/10 Council)

Post Office Closures Council, Apr 08

ERC Overview

Report back to Council – 4/12/08 (deferred from 23/10 Council)

WAG Local Authority Grants

Council, Feb 08

FABI Overview

Report back to Council – 4/12/08

HMOs & Use Classes Order

Council, Aug 07

ERC Overview

Briefing received 20/10/08 – issue to be examined further on 12/1/09

Post 16 - Pupil Transport

Council, Jun 08

CYP Overview

Briefing received 5/11/08 – issue to be examined further 27/11/08

6. Scheduled Briefings Topic Meeting Date For Information Management & Security

FABI Overview 1/12/08 Board

Member Engagement in Programmes & Projects

FABI Overview 1/12/08 Board

Traffic Calming ERC Overview 1/12/08 Board Regulatory Calendar – Quarterly Update

FABI Scrutiny 3/12/08 Board

Social Inclusion Unit HSCWB Scrutiny 3/12/08 Board


Door to Door Rent Collections

HSCWB Scrutiny 3/12/08 Board

Older People’s National Service Framework

HSCWB Scrutiny 3/12/08 Board

Educational Attainment in Swansea

CYP Scrutiny 15/12/08 Board

14-19 Learning Pathways CYP Overview 17/12/08 Board Re-housing Policy Councillor Forum 17/12/08 All Councillors Single Equality Scheme Councillor Forum 17/12/08 All Councillors Single Equality Scheme FABI Overview 12/1/09 Board Residents’ Parking ERC Overview 12/1/09 Board Asset Management FABI Scrutiny 14/1/09 Board Performance Measurement & Management

FABI Scrutiny 14/1/09 Board

Budget FABI Scrutiny 14/1/09 Board Local Housing Strategy HSCWB Scrutiny 14/1/09 Board Biodiversity Councillor Forum 21/1/09 All Councillors Trading Standards & The Economic Impact

Councillor Forum 21/1/09 All Councillors

Education Inclusion CYP Scrutiny 26/1/09 Board Section 33 Agreements - Health Flexibilities for Learning Disabilities

HSCWB Overview

28/1/09 Board

REPORT BACK 7. Monitoring & Assessments Item Board Date Assessment Swansea Metro Project ERC

Scrutiny17/9/08 Board carrying out further

monitoring of project – met with representatives from First Cymru. Further meeting being arranged with stakeholders – 15/12/08

Strategic Waste Procurement Project

ERC Scrutiny

11/8/09 Quarterly updates to be provided to the Board – next on 15/12/08

1st Quarter Financial Monitoring

FABI Scrutiny

1/10/08 Number of suggestions made for future monitoring reports

1st Quarter Performance Monitoring

FABI Scrutiny

1/10/08 Praise for Education Directorate (100% achieved or exceeding target) but some assurances sought on targets set. Further examination of some PIs where results did not seem to reflect Member’s experiences at a local level.


Collaborative Procurement - Penyrheol School Project

FABI Scrutiny

22/10/08 Excellent progress to date and satisfaction with the emerging situation - project on target for an August 2009 completion within agreed budget. Clarification sought on some aspects of the project, including costs. Further monitoring by Board in six months.


Overview & Scrutiny Unit – Contacts Board Support Children & Young People Scrutiny Michelle Roberts

Children & Young People Overview Michelle Roberts

Health, Social Care & Wellbeing Overview Delyth Davies

Health, Social Care & Wellbeing Scrutiny Delyth Davies

Environment, Regeneration & Culture Overview Spencer Martin

Environment, Regeneration & Culture Scrutiny Spencer Martin

Finance, Audit & Business Improvement Overview

Karen Shadrach

Finance, Audit & Business Improvement Scrutiny

Brij Madahar

Research Jenna Tucker

Other Support Team Leader Dave Mckenna

Overview & Scrutiny Coordinating Group Brij Madahar

Business Forum Spencer Martin

Councillor Forum Dave Mckenna / Michelle Roberts

Better Swansea Partnership / Local Service Board

Liz Jordan

Councillor Training & Development Dave Mckenna / Delyth Davies

Community Strategy Development & Review Dave Mckenna / Karen Shadrach

Local Democracy Week Spencer Martin

Stakeholder Survey / Web Editor Jenna Tucker

Telephone: Dave Mckenna O & S Manager 636090 Brij Madahar O & S Coordinator 637257 Karen Shadrach

O & S Coordinator 636292

Delyth Davies O & S Officer 637491 Michelle Roberts

O & S Officer 637256

Spencer Martin O & S Officer 636734 Jenna Tucker O & S Research Officer 637732 Liz Jordan Project Officer 637314

Item No. 13 (A)

Joint Report of the Head of Communications and the Overview and Scrutiny Coordinating Group


OVERVIEW AND SCRUTINY ANNUAL REPORT FOR 2007/8

Summary: This report introduces the Overview and Scrutiny Annual Report for 2007/8, which reflects on the work carried out by the Council’s 8 Scrutiny Boards during that municipal year and outlines work planned for 2008/9. FOR INFORMATION 1. INTRODUCTION 1.1 The general aims of the Overview and Scrutiny function are to

improve the performance of services, to provide an effective challenge to the executive and to engage non-executive Councillors in the development of policies, strategies and plans. At the same time Overview and Scrutiny is expected to promote community leadership and engage communities in Council business.

1.2 During 2007/8 the work of Overview and Scrutiny was done

through 8 Scrutiny Boards made up of Councillors from all political groups.

The eight Scrutiny Boards were: · Audit

· Community Leadership · Education & Lifelong Learning · Environment · Finance & Property · Health & Social Care · Performance · Regeneration & Culture

1.3 The Council has since introduced new arrangements for Overview

and Scrutiny (May 2008) which now sees the work carried out by 4 Overview Boards and 4 Scrutiny Boards.

2. REVIEWS 2.1 The in-depth reviews completed in 2007/08 focused on the

following areas: · The Council’s Use of Consultants · Population Estimates and the Census · School Attendance · The Council’s E-Government Programme · Working with the Community to Reduce Crime

2.2 Taken together these reports made 42 recommendations, and the

Boards this year are following up the implementation of these recommendations to measure the impact made and positive influence on policies and service delivery.

3. OVERVIEW AND SCRUTINY ANNUAL REPORT FOR 2007/8 –

‘MOVING ON UP!’ 3.1

The Scrutiny Annual Report for 2007/8 is entitled ‘Moving On Up!’ and focuses on the good work that has been done and outlines what we expect to achieve this year.

3.2 This report has been kept deliberately short and is really only

intended to place a spotlight on a few key issues to give a flavour of what has been achieved. Much more information can be found on the Overview and Scrutiny web pages and by contacting the team of officers who support the work of the Boards.

3.3 The Annual Report is attached as Appendix A. Following

consideration by Council it is intended to prepare a more user friendly version for distribution amongst the wider community and external / partner bodies, to raise awareness of the work of the Boards and encourage participation.

FOR INFORMATION Background Papers: None Contact: Councillor Nick Tregoning, Chair – Overview and Scrutiny Coordinating Group Brij Madahar, Overview and Scrutiny Coordinator

01792 637257

E-mail: [email protected] Website: www.swansea.gov.uk/scrutiny

Date: 21st November 2008

City & County of Swansea

Overview & Scrutiny

Annual Report 2007/08

Moving on Up! Overview and Scrutiny Annual Report for 2007/8

City and County of Swansea Welcome to the Overview and Scrutiny’s annual report for 2007/8. It gives me great pleasure to share some details of the good work that has been done and to outline what we expect to achieve this year. The last 12 months have seen both change and continuity. Change because we have seen new Overview and Scrutiny Boards introduced and implemented and continuity because we have continued to see an improvement in the work and Boards which have built on last year’s already high standards. I am particularly pleased about the quality of the reviews that the Boards are undertaking and the fact that they are probably more strategic than they have ever been. This is important because it means that the Overview and Scrutiny Boards are having the greatest possible impact for the greatest number of citizens. This annual report gives a flavour of some of the work being done and explains why we believe that Overview & Scrutiny really is ‘Moving on Up’. We want as many people as possible to know about the work that is being done and so we have highlighted 10 ways in which Overview and Scrutiny has made a real difference and 10 ways that Overview and Scrutiny will make a difference. This report has been kept deliberately short and is really only intended to place a spotlight on a few key issues to give a flavour of what has been achieved. Much more information can be found on the Overview and Scrutiny web pages at www.swansea.gov.uk/scrutiny and by contacting the Overview and Scrutiny Team. I want to take this opportunity to thank all the Councillors who continue to be involved in Overview and Scrutiny, the Overview and Scrutiny Team and all the officers from the Council and outside bodies for their contribution. I also want to thank all the members of the public who have been involved and have given up their time to support the work of Overview and Scrutiny. If Overview & Scrutiny is new to you please have a look at our web pages, or keep an eye out for updates in the local press or through the Swansea Leader. We really value your opinion on any of the topics that the Overview and Scrutiny Boards are considering and would really welcome your involvement in any of the work of the Boards. We look forward to hearing from you!

Cllr Nick Tregoning Chair of the Overview & Scrutiny Coordinating Group

What is Overview and Scrutiny? The overall aim of overview and scrutiny is to make Swansea a better place and to ensure that policies and services are responsive to people’s needs. A constructive and effective overview and scrutiny function, that works across organisational boundaries and engages the community, is also at the heart of the Welsh Assembly Government’s vision for public services in Wales. In May 2008, the Council agreed new arrangements for overview and scrutiny and this work is now done through 4 Overview Boards and 4 Scrutiny Boards made up of Councillors from all political groups. Each Board keeps a watching brief on different aspects of Council policies and services, taking opportunities to challenge and influence decision-makers to ensure that the Council is achieving its aims. Detailed work is also done through Reviews and, for each review, the Boards will gather a wide range of evidence, including community views, and propose improvements. (More information about each Board is available at the end of this report) An Overview and Scrutiny Coordinating Group, made up of the Chairs and Vice Chairs of the 8 Boards, meets to ensure that the work of overview and scrutiny is coordinated and that the overall work programme has the maximum possible benefit. 10 Differences Made in 2007/08 Schools There is a strong correlation between the amount of absence in a school and the qualifications that its pupils achieve. As well as being more likely to leave school with few or no qualifications, children who do not attend school regularly are more likely to be drawn into crime and anti-social behaviour. The Education & Lifelong Learning Scrutiny Board, chaired by Councillor John Miles, explored the many causes for absence from school and issues that needed to be addressed. By listening to a wide range of views the Board was able to make a positive contribution to improving and maintaining school attendance across schools in Swansea. The Board called for a consistent approach to managing attendance amongst schools and the sharing of good practice, investment in the Education Welfare service and wider use of electronic systems. All recommendations made by the Board were accepted by the Cabinet. The Board also followed up its previous work and recommendations on school occupancy levels and it is clear that this work has helped to inform the thinking around the Authority’s developing programme of school reorganisation, QEd 2020. Consultants This was an important and timely review because of a growing concern about the level of spending on consultants at a time when the Council was faced with clear budget pressures. The Audit Scrutiny Board, chaired by Councillor Darren Price, sought to undertake an audit of spend on consultants across the Authority, explore the reasons for consultant engagement and make

recommendations to improve the process, outcomes and effectiveness of using consultants. Proposals from the review included; greater controls over the procurement of consultants; a skills audit of officers across the Council to make use of existing resources; the pursuit of collaborative approaches; and better monitoring and evaluation. The recommendations from this work are now being taken forward and significantly, as a result of the scrutiny review, it has now been agreed that any future use of consultants must be referred to the Chief Executive for approval. EGovernment and Major Projects The Performance Scrutiny Board, chaired by Councillor Rene Kinzett, examined emerging issues in relation to the achievement of the benefits and savings targets from the first phase of the Council’s eGovernment Programme. The Board reviewed the process by which the Council’s aims were pursued via the contract with its strategic partner, Capgemini, and the means by which this contract was implemented. The Board wanted to establish the veracity of this means of meeting e-government targets and the reasons for the variance between project targets and what has been achieved. The Board concluded that the Programme was overambitious and complex, divided opinion within the organisation, did not engage Councillors sufficiently, and was not robustly challenged. The Board stirred up a debate about the way the Council manages major projects, and posed some fundamental questions about the relationship between Councillors and officers and respective responsibilities when undertaking major projects and entering into large contracts. Through a number of recommendations the Board’s work will provide lessons and advice for the Council to aid the success of major contracts and projects that are undertaken in the future. This work has received attention at the highest levels of the organisation, which potentially will have far reaching implications on the future governance of the Council and management of major projects. Population Estimates This review highlighted the significant impact population estimates had on the Council’s funding from central government and, therefore, ability to plan and deliver the services that meet the needs of the local community. The Community Leadership Scrutiny Board, chaired by Councillor Tony Lloyd, found that estimates show that the Authority could lose up to £¾ million of funding per year per 1000 population not identified based on Census figures. The Board explored proposals for the remedy of deficiencies identified in connection with the 2001 Census, Council engagement in preparations for 2011 Census and opportunities for the generation of improved local population estimates to assist Council decision-making, service planning and funding bids and give the Council an empirical base to challenge any undercount that might appear in the 2011 Census. The Board found that much work has already been carried out within the Authority to improve the accuracy of local population information available to the Council but it needed to be further developed, and that the engagement of

communities was crucial as evidence points to a low level of awareness of the purpose of the Census and financial implications on local areas. The Board also proposed greater engagement with the Office for National Statistics to improve outcomes. Community Safety Crime or the fear of crime has a major effect on quality of life and the Regeneration & Culture Scrutiny Board, chaired by Councillor Rob Stewart, focused on community policing and partnership working between the police and other agencies and the Council. The Board wanted to examine how the community can be involved in reducing crime and improve the feelings of safety in the community. This review came up with a range of ideas to improve the role and effectiveness of local PACT (Police and Communities Together) meetings and how the Council can support these. It is extremely pleasing that the recommendations of the Board have been welcomed by South Wales Police and are in the process of being acted upon. Monitoring The Boards have the important job of both ensuring that the Council is open and accountable to the public and keeps a close eye on how the Council is performing. To this end they looked at over 50 policy and service areas during 2007/08. The Boards act as a critical friend by suggesting possible improvements and identifying areas where more detailed work is required. They have also been able to highlight examples of good work and services across the Council. The Boards continued to undertake performance and financial monitoring through key performance indicators and a watching brief was also kept on key projects within the Council. This included the Swansea Metro project and Waste Management (Environment Scrutiny Board), and monitoring of how the Authority is responding to the serious concerns raised by the Care and Social Services Inspectorate Wales regarding Children’s Services (Health & Social Care Scrutiny Board). Annual Work Plan Reviews and Development Boards are now taking time at the end of the Council year to review their work and reflect on achievements and their experience. Earlier consideration is also being given to future work plans and potential reviews to inform work planning processes. Work plan items are identified by taking account of key drivers of strategy and service improvement, in order to ensure that the work of overview and scrutiny has the highest level of impact, this is balanced with issues of public concern and other issues identified by Councillors. Enhanced engagement with Corporate Management Team has helped ensure new work plans are focused on significant areas. Support for Overview and Scrutiny Support for Overview and Scrutiny has been the source of debate over the last year following a resolution by Council that “…scrutiny support should be a dedicated separate ‘stand alone’ section, a specialist model adequately

resourced and staffed”. Following a Senior Management Review more capacity has been created for the support function and a better sense of ‘independence’. The existing Community Leadership & Engagement Section has become the Overview & Scrutiny Unit. The officer support is now located with the Chief Executive and coming under the Head of Communication. The location of overview and scrutiny support within the service unit that supports communications provides opportunities to better engage Councillors, public, staff and partners. Increased support for overview and scrutiny will allow for a bigger difference to be made. Community Engagement The desire to engage has gathered strong momentum over the last year seeing an increase in community engagement in the work of overview and scrutiny. Many of the reviews took evidence from those outside of the Council including organisations, community groups, service users and other interested parties helping to shape conclusions and recommendations made. Overall overview and scrutiny used 8 different research methods to gather evidence, took part in 20 different workshops and focus groups, produced 6 different questionnaires, and completed desk based research on 12 different authorities. The team was also able to run workshops at 2 Comprehensive Schools which served to raise awareness of the purpose of overview and scrutiny as well as providing an opportunity to undertake a consultation exercise in support of the scrutiny review of school attendance. This enabled engagement with 300 school children over 2 different year groups. The work of overview and scrutiny is also now a regular feature of the Swansea Leader community newspaper which is delivered to every household in the City and County of Swansea, which has generated interest and enquires about this work. In addition a blog (developed by the Open Swansea Group) has been used to provide a continuous story about progress with reviews and the wider work of the Boards. On average the blog saw 294 page views and 127 visits per month. In addition the blog has been viewed in countries all overall the world including the United States, Finland, Russia, Australia and New Zealand to name a just a few. Improving the Review Process In order to ensure that reviews make the biggest difference possible we have been looking at each stage of the way reviews are conducted to ensure that reviews are designed effectively, gather the best possible evidence and are able to have the maximum impact and benefit. Over the last year we have been able to give particular attention to the scoping (or planning) of reviews. This has resulted in an improved template to ensure that these key pieces of work have a clear purpose with well defined aims and objectives, and have a robust programme of evidence gathering and research associated with them. We also reflected on evidence gathering resulting in a clearer picture about the different methods and opportunities that could be utilised.

10 Differences to Make in 2008/09 Reviews Overview and Scrutiny will continue to make a difference by conducting reviews into the issues that matter. Reviews already underway this year include: the Communities First Programme; Developing a Cycling Action Plan, Effects of Child Poverty on Educational Attainment; Older People’s Respite Services; Integrated Service Provision for Children and Young People; Social Services Transport; and Medium Term Financial Planning. Policy Development and Community Strategy We will be developing the role for non-Executive Councillors in both contributing to policy development and developing and reviewing the community strategy to ensure they can help shape the key strategies and plans that will impact on the future of Swansea. In particular, the Community Strategy is being revised and we need to put into place new arrangements for both the development and review of the Community Strategy (through the Overview Boards) and monitoring of the delivery of the shared partnership priorities (through the Scrutiny Boards) once the Strategy is finalised. Improvement of Overview and Scrutiny This year will see the launch of an Overview and Scrutiny Improvement Programme which will result in an action plan for the whole Authority to deliver marked improvements to overview and scrutiny. A series of half-day seminars will take place through the year covering key aspects of overview and scrutiny which will enable Councillors to review and evaluate the operation of overview and scrutiny, generate ideas for improvement and provide development opportunities for Councillors. Work Programme The Overview and Scrutiny Strategic Work Programme will continue to be developed and improved both to ensure that the work of overview and scrutiny is coordinated, constructive and continues to make a difference for the people of Swansea. The Strategic Work Programme will need to capture the many and varied activities taking place across the new Overview Boards and Scrutiny Boards. A new format for the Work Programme will be developed which will provide a forward look of activity and a mechanism for reporting back on the outcome of monitoring and assessments. Pre-Decision Scrutiny Pre-decision scrutiny is a recognised role for scrutiny however there is no clear process or structure to ensure that this is undertaken effectively. Arrangements for pre-decision scrutiny will be developed this year to provide greater opportunities for the accountability of the Executive (Cabinet) by non-Executive Councillors and strengthen the corporate governance of the Council and decision-making processes. Pre-decision scrutiny will give Councillors the ability to make comments on Cabinet business before decisions are taken,

and therefore give scrutiny a valuable opportunity to challenge and influence decision-making. Measuring the Impact of Overview & Scrutiny To ensure that the efforts and hard work of the Boards has impact there will be a greater focus on the follow up and implementation of recommendations. Work will be carried out to bring about clearer evidence of the impact that overview and scrutiny is having and ensure a high level of awareness of whether and how recommendations made have been implemented as agreed by the Cabinet. Current procedures and mechanisms for follow up will be reviewed to ensure that Boards are provided with action plans and undertake timely monitoring of the implementation. Corporate Working Reinforcing the fact that Corporate Management Team and officers across all departments are a critical source of advice and support for the Boards and securing wider support for the Boards will be a priority for the year ahead. Enhanced engagement with departments will be essential and we aim to improve corporate working by: Agreeing the input and support from departments into reviews on the basis of practicality and the relevance of overview & scrutiny topics to service plans

Officers from the Overview & Scrutiny Unit becoming ‘link officers’ and liaising regularly with Directors, meeting with Departmental Management Teams and provide a contact for all aspects of the unit’s work

Corporate Management Team sponsors and Head of Service advisors being identified for reviews

Corporate Management Team receiving a 6 weekly update report on the Strategic Work Programme to ensure that their involvement is effectively planned

Meaningful Community Engagement Increasing public involvement remains a key theme for the year and we want to build upon developments made last year. Our aims are to increase awareness amongst service providers and other bodies, get more people to engage with the Boards and collect more evidence from the public. We want as many people and organisations as possible to know the difference that is being made! Consideration of further opportunities to improve public participation will be an integral part of the proposed Overview & Scrutiny Improvement Programme. In terms of immediate initiatives, a regular newsletter will be produced to promote engagement opportunities through the work of the Boards as well as demonstrating successes and the impact the work of overview and scrutiny has made. Work will also be done to improve the overview and scrutiny web pages and get more stories in the local press.

External Overview and Scrutiny Much still needs to be done to facilitate external overview and scrutiny. It is recognised that the reach of overview and scrutiny can extend to beyond the Council into any services and areas that have an impact on local people however examples of external overview and scrutiny being undertaken in Swansea are limited and this is a clear area for development. We need to build on previous training that Councillors have had on working with agencies outside the Council. This will involve raising awareness and understanding of the role of overview and scrutiny amongst partners and other service providers and developing protocols for engagement. The advent of Swansea’s Local Service Board will also be a catalyst for reviewing how public service providers are working together to tackle local issues and making a real difference. Scrutiny will have a key role to play by supporting the delivery of improvements, involving the community and ensuring accountability and building on the work carried out last year by the Community Leadership Scrutiny Board on effective governance arrangements of Swansea’s Local Services Board. Evaluation Overview and Scrutiny must improve continuously particularly if it wishes to influence others internally and externally to do the same. Evaluating the operation of overview and scrutiny (including the effectiveness of meetings) will be essential to learning from experience, recognising what works and what needs to be addressed. Key to this will be gathering feedback of those involved in the processes and developing ways of monitoring our own performance. Contact Overview and Scrutiny For further information contact: Overview and Scrutiny Team City and County of Swansea

01792 637732 [email protected] www.swansea.gov.uk/scrutiny

For latest news about the work of the Boards, read our Blog: Open Swansea – The Overview and Scrutiny Blog http://openswansea.cityandcountyofswansea.info/blog/

Overview and Scrutiny Boards 2008/09 Board Main Areas Covered

Children & Young People Overview Chairman: Councillor John Newbury Vice-Chairman: Councillor Jayne Woodman Children & Young People Scrutiny Chairman: Councillor John Miles Vice-Chairman: Councillor Veronyca Bates-Hughes

• Services for Children & Young People:

- pre-school education; - education in schools; and - education other than at school - social care and wellbeing

• The Provision of Lifelong Learning • The Children Act (2004)

Environment, Regeneration & Culture Overview Chairman: Councillor Rob Speht Vice-Chairman: Councillor Cheryl Philpott Environment, Regeneration & Culture Scrutiny Chairman: Councillor June Burtonshaw Vice-Chairman: Councillor Jeff Jones

• Transport & Engineering • Environmental Health & Trading Standards • The Authority's waste management

strategy and services, including recycling • Planning • Culture and Tourism • Community Regeneration • Economic & Strategic Development

Board Main Areas Covered

Health, Social Care & Well Being Overview Chairman: Councillor June Evans Vice-Chairman: Councillor Keith Morgan Health, Social Care & Well Being Scrutiny Chairman: Councillor Mark Child Vice-Chairman: Councillor June Stanton

• Social Services Department (Adult, Child

and Family and Housing Services), including: - the Older People's strategy, - foster care strategy; and - reshaping health services in Swansea

• Health, Healthy Living and Well Being • Social Exclusion and Anti-Poverty

Finance, Audit & Business Improvement Overview Chairman: Councillor Darren Price Vice-Chairman: Councillor Jim Kelleher Finance, Audit & Business Improvement Scrutiny Chairman: Councillor Des Thomas Vice-Chairman: Councillor Paul Meara

• Overall strategic functions and duties of the Council

• Reviewing Performance Monitoring Data for the whole Authority

• Financial Services • Internal and External Audit Plans • Legal Services • Corporate Property • Corporate Building Services, including

asset management and major capital project planning

• Strategic Procurement • E-Government • ICT • Communications • Human Resources • Strategic Projects

Item No. 14


MEMBERS QUESTIONS UNDER PROCEDURE RULE 15 Part A – Supplementaries

1. Councillors D Phillips, J Burtonshaw, A Lloyd, J Miles, B Lloyd, C Thomas, M Child, R Francis-Davies, C Richards and R Stewart

Will the Leader tell Council when will Cabinet agree to implement the Traffic

Regulation Order on Heol Ddu / Llangyfelach Road as agreed at last Council? Response of the Leader In order to implement the Traffic Regulation Orders and make them enforceable,

the legal requirement is for the authority to inform the public of the implementation date through an advertisement in the local press, prior to them becoming operational. Arrangements have therefore been made for an advertisement to be placed in the next edition of the Swansea Leader which is due for distribution in January.

2. Councillors D Phillips, J Burtonshaw, A Lloyd, J Miles, B Lloyd, C Thomas,

M Child, R Francis-Davies, C Richards and R Stewart At the last Council, in answer to a question, the Cabinet Member for Finance

reported an increase in Council debt from £231m to £298m. WiIl the Cabinet Member now indicate

• What is the expected increase in debt charges for 2009/10 compared to 31st March 2004? • What is the expected percentage wage increase being used in the Council’s financial planning and in the event of this being inadequate how much more will be needed to be found per ½%? • What percentage of the Council budget is spent on salaries? • How much the Council spent on Counsel’s opinion in the last three years; how much it budgeted to spend on such opinion in this financial year and how much it has spent so far?

Response of the Cabinet Member for Finance Principal and interest payments in relation to debt outstanding as at 31st March

2004 amounted to £22.265m in 2004/05. The equivalent figure for 2009/10 is forecast to be £29.179m. Whilst the potential implications of different levels of pay and price inflation have been considered, no decision has been made at this time regarding any specific financial planning assumption. ½% of the Council’s salary and wage bill (including schools) is £1.3m.

75% of overall spending - including schools delegated budgets - relates to salary, wages and related oncosts. Counsel’s opinion is needed from time to time for a number of reasons. However, there is no central budget available to meet this cost. As such, costs are either charged against specific project budgets or become unavoidable unbudgeted service costs. The required information will be collated and provided to Council Members in a written response.

3. Councillors D Phillips, J Burtonshaw, A Lloyd, J Miles, B Lloyd, C Thomas,

M Child, R Francis-Davies, C Richards and R Stewart Will the Leader tell Council what processes the Cabinet follows to ensure that

reports from Cabinet Members command the support of all members of the Cabinet when presented at Council?

Response of the Leader Swansea Administration support free and open discussion on items which come

to Council (an example of which is Traffic Orders, Petitions, etc). Many of these items do not have to come to Council but it is our wish that these

items are debated fully and frankly in open session.

4. Councillors D Phillips, J Burtonshaw, A Lloyd, J Miles, B Lloyd, C Thomas, M Child, R Francis-Davies, C Richards and R Stewart

Will the appropriate Cabinet Member explain to Council the rationale for

withdrawing funding for Employment Training and the consequences of such action on the local economy?

Response of the Cabinet Member for Education Employment Training is funded through a variety of grants and other sources,

and has been successful in being awarded a number of contracts from organisations such as DCELLs, Department of Work and Pensions, Welsh Assembly Government, European Grants and other income from organisations that use their services. As such contracts and grants come to an end and there is always a challenge to ensure that the good work done by Employment Training continues, by having clear exit strategies, seeking other funding, increasing efficiency and effective staff deployment. The Council has not withdrawn funding from Employment Training during the last year.

4 December 2008 4.00pm

Documents

Transcript of 4 December 2008 4.00pm